Texas and the War Between the States
Narrative History of Texas Annexation, Secession, and Readmission to the
Union
Texans voted in favor of annexation to the United States
in the first election following independence in 1836. However, throughout
the Republic period (1836-1845) no treaty of annexation negotiated between
the Republic and the United States was ratified by both nations.
When all attempts to arrive at a formal annexation treaty failed,
the United States Congress passed--after much debate and only a simple
majority--a Joint
Resolution for Annexing Texas to the United States. Under these terms,
Texas would keep both its public lands and its public debt, it would have
the power to divide into four additional states "of convenient size" in
the future if it so desired, and it would deliver all military, postal,
and customs facilities and authority to the United States government. (Neither
this joint resolution or the ordinance passed by the Republic of Texas'
Annexation Convention gave Texas the right to secede.)
In July 1845, a popularly-elected Constitutional Convention met in
Austin to consider both this annexation proposal as well as a proposed
peace treaty with Mexico which would end the state of war between the two
nations, but only if Texas remained an independent country.
The Convention voted to accept the United States' proposal, and the
Annexation
Ordinance was submitted to a popular vote in October 1845. The proposed
Annexation Ordinance and State Constitution were approved
by the Texas voters and submitted to the United States Congress.
The United States House and Senate, in turn, accepted the Texas state
constitution in a Joint
Resolution to admit Texas as a State which was signed by the president
on December 29, 1845 . Although the formal transfer of government did not
occur until February 19, 1846, Texas statehood dates from the 29th of December.
Opposition to Texas' admission to the United States was particularly
strong in the North during this period. If a challenge to the constitutionality
of the move could have been made successfully at that time, there is little
doubt that the leaders of the opposition would have instituted such a suit
in the Supreme Court.
Sixteen years later, in January 1861, the Secession Convention met
in Austin and adopted an Ordinance
of Secession on February 1 and a Declaration
of Causes on February 2. This proposal was approved by the voters,
but even before Texas could become "independent" as provided for in the
text of the Ordinance, it was accepted
by the Provisional Government of the Confederate States of America as a
state on March 1, 1861.
The Secession Convention, reconvened on March 2, approved an ordinance
accepting Confederate statehood on March 5. Texas delegates to the
Provisional Confederate Government had already been elected, and they were
among those who approved the proposed Confederate Constitution. Their action
was confirmed
by the Secession Convention on March 23.
Throughout the Civil War period, Texas existed as a state in the
Confederate States of America, its status confirmed by the elected representatives
of the Texas citizens. (Sam Houston, although accepting the decision of
the electorate to secede, protested the Convention's decision to join the
Confederacy since the matter was not submitted to popular vote. His opposition
was insufficient to cause either the voters or the members of the state
legislature to put aside the actions of the Convention.) John H. Reagan,
a Texan, was the Postmaster General of the C.S.A., and other Texans held
prominent government posts throughout the period.
When the war ended in April 1865, Texas was still considered to be
in revolt (the last battle of the Civil War was fought on Texas soil after
the surrender at Appomattox). Although a state of peace was declared as
existing between the United States and the other Southern States on April
2, 1866, President Andrew Johnson did not issue a similar proclamation
of peace between the U.S. and Texas until August 20, 1866, even though
the Constitutional Convention of 1866 had approved on March 15, 1866 an
ordinance
to nullify the actions of the Secession Convention
Southern States remained under military government until their legislatures
adopted the 13th, 14th, and 15th amendments to the United States Constitution.
Their readmission to full national status varied from state to state (Georgia
was readmitted twice).
In April 1869, the U.S. Congress passed an Act
authorizing voters of Virginia, Mississippi and Texas to vote on their
new state constitutions and to elect state officers and Members of Congress.
Three months later, President U.S. Grant signed a proclamation
submitting the Texas Constitution to the voters of the state.
Texans voted on a revised state constitution in November 1869 and
elected a state government. Once convened, the legislature voted to ratify
the 14th and 15th amendments to the U.S. Constitution (the 13th amendment
having already been fully ratified) and elected two U.S. Senators, thereby
completing the requirements for reinstatement. President Grant signed the
act
to readmit Texas to Congressional representation on March 30, 1870,
and this federal act was promulgated throughout Texas by a general order
issued by General Reynolds on April 16, 1870.
No requirement exists -- either in the Reconstruction
Acts governing the rebel states or in the document readmitting Texas
to full statehood -- for the governor of Texas to sign a document reaffirming
Texas' position as a state within the United States republic. The only
ongoing requirement of Texas government was that no constitutional revision
should deny the vote or school rights to any citizen of the United States.
A thorough check of the volumes of federal statutes for the entire
period of Reconstruction (1865-1870) and through 1872 revealed no other
legislation requiring further proof of submission to the U.S. government
on the part of Texas or any other of the "rebel states."
Narrative by Jean Carefoot
Texas State Library and Archives Commission April
1997
