Texas� constitutional convention convened in Austin on February 7, 1866. Within two months, the delegates had created a constitution which conformed to President Johnson�s requirements. However, the delegates did not formally ratify the Thirteenth Amendment to the United States Constitution which prohibited slavery. Though the new state constitution provided for the basic security and protection of black Texans, it did not grant them equal rights with whites.

Nevertheless, the constitution conformed with the presidential requirements, and Texas voters approved it in June of 1866. These voters also elected new state officials, including a new state governor. Texans chose James W. Throckmorton, a former Confederate, over the Unionist Elisha M. Pease, as their new governor. On August 20, 1866, President Johnson proclaimed that the rebellion in Texas was over.

Many members of the United States Congress were dissatisfied with Johnson�s plan of reconstruction. Republicans, especially the group known as Radical Republicans, wanted to give full and immediate citizenship rights to the former slaves. The Radical Republicans were angry that the Southern states were allowed to elect former Confederates to hold state and national offices. Such actions seem to suggest to them that the war had been meaningless.

A point of greater disagreement between Congress and the Southern states lay in the famous "black codes." These codes were a series of laws that oppressed the freedmen. For example, if a freedman did not have a job, then he could be put into jail as a vagrant. The black codes restricted African American movement within the South, and placed the freedmen under white control once again.

No individuals within the state were more affected by reconstruction politics than African American Texans. Though reconstruction brought freedom to the ex-slaves, it also created animosities against them among many white Texans, especially Democrats. Some whites were greatly opposed to African Americans participating in government. Secret societies and organizations formed as blacks gained more civic rights. These organizations were united by the single cause of keeping African Americans from voting or registering to vote. The most notorious of these organizations was the Ku Klux Klan. Wearing white sheets and hoods, the Klan threatened and physically attacked black Texans.

Congress was dissatisfied with President Johnson�s acceptance of the new constitutions of the Southern states and the newly created "black codes." The Radical Republicans and their supporters felt that reconstruction had come too quickly and easily for the South. When the 1866 national elections were over, the Radical Republicans had won enough votes to take over control of Congress. They could now override the president�s veto of proposed congressional laws. 

Beginning in March 1867, the Radicals passed several reconstruction acts, initiating the period known to historians as Congressional Reconstruction. The new state governments of the South were declared illegal once again, and the Southern states were divided into five military districts, each under the control of an army officer. The southern states were now required to write a new constitution which recognized the rights of African Americans, and each state had to ratify the Thirteenth and Fourteenth Amendments to the United States Constitution.

Texas was part of the Fifth Reconstruction Military District commanded by Gen. Phillip Sheridan. Under the watchful eye of federal military units, African American males were allowed to register to vote. In addition, white males were required to take an "ironclad oath" before they could vote. This oath stated that they had never voluntarily supported the Confederacy.

One of the first acts of General Sheridan was the dismissal of Governor Throckmorton from public office on July 30, 1867. Having relieved Throckmorton of the governorship, Sheridan filled the vacancy with long-time Unionist Elisha M. Pease. The appointed governor proved to be a good choice. He was able to maintain peace in Texas during this time of military occupation. However, many Texans disliked Governor Pease and others like him who supported the Radical Republican�s plan of Reconstruction. Those Southerners, who supported federal policies in the South were called "scalawags." A small group of Northerners who had come to Texas after the war and supported the Republicans were known as "carpetbaggers."

Governor Pease held office for the next two years, until the adjournment of the state constitutional convention of 1868. Delegates to this convention met in Austin on June 1, 1868. The majority of the delegates present were Unionists, but there were a few ex-Confederates. Also at the convention were nine African American delegates. The convention was divided into two groups, Radical Republicans and Moderate Republicans. The Radical Republican faction was led by Edmund J. Davis and George T. Ruby. The moderates were led by Andrew Jackson Hamilton. The moderates wanted to restore the civic rights of former Confederates. 

The convention finished their work on the new constitution in February, 1869. The new state constitution gave former Confederates and the freedmen the right to vote. It also gave the governor the right to appoint certain state officials and judges. In addition, the constitution extended the governor�s term in office from two to four years. Finally, the state legislature was instructed to meet annually, not once every two years as it had done previously. The new constitution also established the basis for an improved public school system in Texas.

Texas voters adopted the constitution by an overwhelming majority. In the election for governor, Edmund J. Davis defeated Andrew Jackson Hamilton by a vote of 39,901 to 39,092. Radicals now had one of their own in charge of the Texas government. The Davis administration was plagued with controversy from its very beginning. A majority of the Texans were Democrats and did not feel that Davis represented the majority of the state. Further, Davis appointed only loyal Unionists and Republicans to government jobs. With a Republican majority in the state legislature, Davis and his supporters were able to get many of their proposed laws passed.

They pushed through a series of laws labeled by Texas Democrats as the "obnoxious acts." As a result of these new laws, the governor could declare martial law, or military rule, which Governor Davis believed was necessary in maintaining law and order in the state. Also, the new laws created a state police force to fight crime and protect the frontier. Critics of the new laws stated that Davis and the Radical Republicans had passed these statutes to intimidate people who did not support the Radicals� policies of Reconstruction. Evidence suggests that Governor Davis was an honest political leader and that he acted in the interest of all Texans. Most importantly, he helped create a system of public schools for the Lone Star State. One of his chief black allies was the freedman Matt Gaines, who also believed in mass education.

The opponents of Governor Davis voted him out of office in the election of 1873. Despite having the support of Radical Republicans and African Americans, Davis� political rival, Richard Coke, was able to win an impressive victory over the incumbent governor. Coke defeated Davis by a vote of 85,549 to 42,663. Coke�s support came from two groups, Democrats and moderate Republicans.

Though Davis lost the election, he refused to leave office. Feeling the election results were fraudulent, he called upon the newly elected president of the United States, Ulysses S. Grant, to aid him in keeping his office. President Grant, like many Americans, had grown tired of the battle over reconstruction, and refused to help Governor Davis. The ousted governor took matters into his own hands, ordering the state militia to guard the state capitol.

In the dead of night on January 12, 1874, Democrats entered the capitol building by using ladders to climb to the second story of the building. Once inside, the group organized the legislature, and under the threats of violence from Davis� assembled troops, Richard Coke was sworn in as governor of Texas on January 15, 1874. The period of Republican control of Texas was over, and so marked the end of reconstruction in the Lone Star State.

Additional Resources

1. What issues did the Texas Constitution of 1866 fail to address?(7.5:B)
2. Who was elected governor under the Constitution of 1866?
3. Who were the Radical Republicans?(7.5:B)
4. What were the "Black Codes" passed by the legislature?(7.5:B)
5. What was the purpose of the Military Districts established by Congress after the Civil War?(7.5:B)
6. Who was in charge of the Fifth Military District?
7. What was the first official act performed by General Sheridan?
8. What were the "obnoxious acts?"(7.5:B)
9. What were some of the key provisions of the Constitution of 1869?(7.5:B)
10. After voters elected Richard Coke to the governorship, what steps did Governor Davis take to keep his office? What steps did Richard Coke�s supporters take to make sure he was sworn in as governor?

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