History of Texas Annexation & Secession

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 werea 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.

The Texas Ordinance of Secession
February 2, 1861

The Texas Ordinance of Secession was the document that officially separated Texas from the United States in 1861. It was adopted by the Secession Convention on February 2 of that year, by a vote of 166 to 8. The adoption of the ordinance was one of a series of events that led to Texas' entry into the Confederacy and the American Civil War. The ordinance text is much less known and less accessible to the general public than the Texas Declaration of Independence. According to some historians, however, it ranks equally with the earlier document in its impact on Texas. 

A declaration of the causes which impel the State of Texas to secede from the Federal Union The government of the United States, by certain joint resolutions, bearing date the 1st day of March, in the year A. D. 1845, proposed to the Republic of Texas, then a free, sovereign and independent nation, the annexation of the latter to the former, as one of the co-equal States thereof,

The people of Texas, by deputies in convention assembled, on the fourth day of July of the same year, assented to and accepted said proposals and formed a constitution for the proposed State, upon which on the 29th day of December in the same year, said State was formally admitted into the Confederated Union.

Texas abandoned her separate national existence and consented to become one of the Confederated States to promote her welfare, insure domestic tranquillity and secure more substantially the blessings of peace and liberty to her people. She was received into the confederacy with her own constitution under the guarantee of the federal constitution and the compact of annexation, that she should enjoy these blessings. She was received as a commonwealth holding, maintaining and protecting the institution known as negro slavery--the servitude of the African to the white race within her limits--a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time. Her institutions and geographical position established the strongest ties between her and other slave-holding States of the confederacy. Those ties have been strengthened by association. But what has been the course of the government of the United States, and of the people and authorities of the non-slave-holding States, since our connection with them?

The controlling majority of the Federal Government, under various pretenses and disguises, has so administered the same as to exclude the citizens of the Southern States, unless under odious and unconstitutional restrictions, from all the immense territory owned in common by all the States on the Pacific Ocean, for the avowed purpose of acquiring sufficient power in the common government to use it as a means of destroying the institutions of Texas and her sister slave-holding States.

By the disloyalty of the Northern States and their citizens and the imbecility of the Federal Government, infamous combinations of incendiaries and outlaws have been permitted in those States and the common territory of Kansas to trample upon the federal laws, to war upon the lives and property of Southern citizens in that territory, and finally, by violence and mob law to usurp the possession of the same as exclusively the property of the Northern States.

The Federal Government, while but partially under the control of these our unnatural and sectional enemies, has for years almost entirely failed to protect the lives and property of the people of Texas against the Indian savages on our border, and more recently against the murderous forays of banditti from the neighboring territory of Mexico; and when our State government has expended large amounts for such purpose, the Federal Government has refused reimbursement therefor, thus rendering our condition more insecure and harassing than it was during the existence of the Republic of Texas.

These and other wrongs we have patiently borne in the vain hope that a returning sense of justice and humanity would induce a different course of administration.

When we advert to the course of individual non-slave-holding States, and that a majority of their citizens, our grievances assume far greater magnitude.

The States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, Pennsylvania, Ohio, Wisconsin, Michigan and Iowa, by solemn legislative enactments, have deliberately, directly or indirectly violated the 3rd clause of the 2nd section of the 4th article of the federal constitution, and laws passed in pursuance thereof; thereby annulling a material provision of the compact, designed by its framers to perpetuate amity between the members of the confederacy and to secure the rights of the slave-holding States in their domestic institutions--a provision founded in justice and wisdom, and without the enforcement of which the compact fails to accomplish the object of its creation. Some of those States have imposed high fines and degrading penalties upon any of their citizens or officers who may carry out in good faith that provision of the compact, or the federal laws enacted in accordance therewith.

In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon the unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery, proclaiming the debasing doctrine of the equality of all men, irrespective of race or color--a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of the Divine Law. They demand the abolition of negro slavery throughout the confederacy, the recognition of political equality between the white and the negro races, and avow their determination to press on their crusade against us, so long as a negro slave remains in these States.

For years past this abolition organization has been actively sowing the seeds of discord through the Union, and has rendered the federal congress the arena for spreading firebrands and hatred between the slave-holding and non-slave-holding States.

By consolidating their strength, they hare placed the slave-holding States in a hopeless minority in the federal congress, and rendered representation of no avail in protecting Southern rights against their exactions and encroachments.

They have proclaimed, and at the ballot box sustained, the revolutionary doctrine that there is a "higher law" than the constitution and laws of our Federal Union, and virtually that they will disregard their oaths and trample upon our rights.

They have for years past encouraged and sustained lawless organizations to steal our slaves and prevent their recapture, and have repeatedly murdered Southern citizens while lawfully seeking their rendition.

They have invaded Southern soil and murdered unoffending citizens, and through the press their leading men and a fanatical pulpit have bestowed praise upon the actors and assassins in these crimes, while the governors of several of their States have refused to deliver parties implicated and indicted for participation in such offences, upon the legal demands of the States aggrieved.

They have, through the mails and hired emissaries, sent seditious pamphlets and papers among us to stir up servile insurrection and bring blood and carnage to our firesides.

They have sent hired emissaries among us to burn our towns and distribute arms and poison to our slaves for the same purpose.

They have impoverished the slave-holding States by unequal and partial legislation, thereby enriching themselves by draining our substance.

They have refused to vote appropriations for protecting Texas against ruthless savages, for the sole reason that she is a slave-holding State.

And, finally, by the combined sectional vote of the seventeen non-slave-holding States, they have elected as president and vice-president of the whole confederacy two men whose chief claims to such high positions are their approval of these long continued wrongs, and their pledges to continue them to the final consummation of these schemes for the ruin of the slave-holding States.

In view of these and many other facts, it is meet that our own views should be distinctly proclaimed.

We hold as undeniable truths that the governments of the various States, and of the confederacy itself, were established exclusively by the white race, for themselves and their posterity; that the African race had no agency in their establishment; that they were rightfully held and regarded as an inferior and dependent race, and in that condition only could their existence in this country be rendered beneficial or tolerable.

That in this free government all white men are and of right ought to be entitled to equal civil and political rights; that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorized and justified by the experience of mankind, and the revealed will of the Almighty Creator, as recognized by all Christian nations; while the destruction of the existing relations between the two races, as advocated by our sectional enemies, would bring inevitable calamities upon both the desolation upon the fifteen slave-holding States. By the secession of six of the slave-holding States, and the certainty that others will speedily do likewise, Texas has no alternative but to remain in an isolated connection with the North, or unite her destinies with the South.

For these and other reasons, solemnly asserting that the federal constitution has been violated and virtually abrogated by the several States named, seeing that the federal government is now passing under the control of our enemies to be diverted from the exalted objects of its creation to those of oppression and wrong, and realizing that our own State can no longer look for protection, but to God and her own sons - We the delegates of the people of Texas, in Convention assembled, have passed an ordinance dissolving all political connection with the government of the United States of America and the people thereof and confidently appeal to the intelligence and patriotism of the freeman of Texas to ratify the same at the ballot box, on the 23rd day of the present month.

Adopted in Convention on the 2nd day of Feby, in the year of our Lord one thousand eight hundred and sixty-one and of the independence of Texas the twenty-fifth.

Texas Secession & Readmission to the Union

Sixteen years after Texas joined the United States, 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." 

 

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