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Defining Documents in American History: Dissent and Protest

Speech on His Refusal to Take the Oath of Loyalty to the Confederacy

by Michael J. O’Neal, PhD, Aaron Gulyas, MA

Date: 1861

Author: Sam Houston

Genre: Speech

Summary Overview

Sam Houston was involved in some of the most dramatic events in American history. Aside from his successful military career, he proved to be a passionate and dedicated politician. Unlike many of his southern counterparts, he was sympathetic to Native Americans and firmly believed that secession—the decision of southern states to separate from the United States and form their own country, the Confederate States of America—was a mistake. A charismatic orator and eloquent writer, Houston’s writings and speeches often stirred people to action. His love of the Union and commitment to peace are evident in the Speech on His Refusal to Take the Oath of Loyalty to the Confederacy, an address he gave to the Texas Secession Convention. The version presented here includes a preface in which Houston provides the context of his remarks.

Defining Moment

Throughout the tumultuous 1850s, Houston advocated for a peaceful solution to the growing discord over whether new states and territories should be admitted to the United States allowing slavery or as free. Houston waited as long as possible to call a special session of his state’s legislature to debate secession. The Texas legislature met on January 21, 1861, at which time South Carolina, Mississippi, Georgia, Florida, and Alabama had already seceded. In addressing the legislature, Houston tried to sway the group by pointing out how Texas was different from other southern states. For instance, no other southern state bordered a foreign country or was susceptible to Indian attacks, and Texas relied on the support of the federal government to defend itself.

Ultimately, Houston argued that the people of Texas should decide the issue. The Texas Secession Convention assembled a week later, promptly voted 171 to six in favor of secession, and named a committee to draft an ordinance on which the people of Texas would vote. In a bill titled “An Ordinance: To Dissolve the Union between the State of Texas and the Other States, United under the Compact Styled ‘The Constitution of the United States of America,’” the convention explained why it should leave the Union.

In the only case where the people directly voted on the issue of secession, the people of Texas voted to secede. Even though Texas delegates had already traveled to Montgomery, Alabama, to take their seats in the First Confederate Congress, Houston insisted that Texas had merely reclaimed its independence and had not yet agreed to become a part of another government. The members of the Texas Secession Convention were outraged and sent a messenger to Houston’s home instructing him to appear the next day to take the Confederate oath of allegiance. During the night, Houston wrote a letter addressed to the people of Texas, which he read to the convention the next day.

Author Biography

Samuel Houston was born on March 2, 1793. He lived his early life in Tennessee and later enlisted in the army during the War of 1812, worked as an Indian subagent, and pursued a law career in Tennessee. By 1819 Houston’s political career was starting to evolve; he served as adjunct general of the state militia and attorney general for the district of Nashville. Houston was elected to the U.S. House of Representatives, where he served from 1823 to 1827. Then, in 1827, he ran for and won the governorship of Tennessee, though he resigned on April 16, 1829, heading west, eventually to Texas.

Once in Texas, Houston became enmeshed in the events unfolding there. He was one of the Texas representatives at the Convention of 1833, through which Texas sought a peaceful independence from Mexico. Hopes for peace were dashed when war broke out in October 1835. As commander in chief of the Texas army, Houston led Texas to victory over Mexican forces in 1836. In September that year, Houston was elected as the first president of the Republic of Texas, serving until December 1838. He was elected again in December 1841, to serve until December 1844. After Texas became a state in 1845, Houston was elected as one of the state’s first senators, a post he held for thirteen years.

In late 1859 Houston became Texas’s seventh governor, but he resigned less than two years later over the controversy surrounding his refusal to take the Confederate loyalty oath. Houston retired into private life and died at home on July 26, 1863.

Historical Document

When on account of the election of Mr. Lincoln to the Presidency of the United States, I was urged to call the Legislature, I refused to do so until such time as I believed the public interests required it.…

In the meantime, the Convention had been called.…That convention, besides being revolutionary in its character, did not receive the sanction of a majority of the people. As the representative of a minority, however large, it could not claim the right to speak for the people. It was without the pale of the Constitution, and was unknown to the laws which I had sworn to support. While sworn to support the Constitution, it was my duty to stand aloof from all revolutionary schemes calculated to subvert the Constitution. The people who were free from such solemn obligations, might revolutionize and absolve me from mine, my oath only having reference to my acts in the capacity of their Chief Executive; but as a sworn officer, my duty was too plain to be misunderstood.…

Fellow Citizens, I have refused to recognize this Convention.…

I have declared my determination to stand by Texas in whatever the position she assumes. Her people have declared in favor of a separation from the Union. I have followed her banners before, when an exile from the land of my fathers. I went back into the Union with the people of Texas. I go out from the Union with them; and though I see only gloom before me, I shall follow the “Lone Star” with the same devotion as of yore.

You have withdrawn Texas from her connection with the United States. Your act changes the character of the obligation I assumed at the time of my inauguration. As Your Chief Executive, I am no longer bound to support the Constitution of the United States.

I love Texas too well to bring civil strife and bloodshed upon her. To avert this calamity, I shall make no endeavor to maintain my authority as Chief Executive of this State, except by the peaceful exercise of my functions. When I can no longer do this, I shall calmly withdraw from the scene, leaving the Government in the hands of those who have usurped its authority; but still claiming that I am its Chief Executive.

I protest in the name of the people of Texas against all the acts and doings of this convention, AND I DECLARE THEM NULL AND VOID! I solemnly protest against the act of its members who are bound by no other than themselves, in declaring my office vacant, and I refuse to appear before it and take the oath prescribed.

Glossary

Lone Star: a reference to the Texas state flag, which features a single star

without the pale of the Constitution: outside the bounds of the Constitution, referring to the pickets, or “pales,” of a fence

Document Analysis

In his address to the Texas Secession Convention, Houston begins by explaining that he would not take the oath of allegiance because the convention had not obtained its authority from the Texas legislature or people. As he put it, “That convention, besides being revolutionary in its character, did not receive the sanction of a majority of the people.” He further notes that the convention had held its meetings in secret and appointed military personnel to operate under its authority. He then states that he refuses to recognize the authority of the convention and declares its actions null and void. At the end he declares, “I solemnly protest against the act of its members who are bound by no other than themselves, in declaring my office vacant, and I refuse to appear before it and take the oath prescribed.” As a result of his refusal to take the Confederate oath, Houston was replaced as governor by the lieutenant governor, Edward Clark.

Essential Themes

In 1860, Sam Houston sought the Constitutional Unionist party’s nomination for the Presidency, coming in second to candidate John Bell, this address to the Texas Secession Convention features Houston placing his unionist ideals above his own political ambitions, choosing to step aide form the governor’s office rather than swear loyalty to a Confederacy of which he did not believe Texas to be a legitimate part. His claims that the convention is without legitimate sanction, or permission, of the people illustrates Houston’s devotion to democratic principles. Houston’s unionism was not a recent development—he opposed the Kansas Nebraska act on the grounds that it would reopen sectional conflict that the Missouri Compromise had settled. Houston did not see a conflict between the fact that he was a slave owner and did not believe that slavery should be abolished and his loyalty to the union. While the event of the Civil War sometimes obscure the fact, unionist tendencies in the Confederate states would persist throughout the conflict.

Bibliography and Additional Reading

1 

Baum, Dale. The Shattering of Texas Unionism: Politics in the Lone Star State during the Civil War Era. (Boton Rouge: Louisiana State University Press, 1998).

2 

Buenger, Walter L. Secession and the Union in Texas. (Austin: University of Texas Press, 1984).

3 

James, Marquis. The Raven: A Biography of Sam Houston. (Austin: University of Texas Press, 1988).

4 

Marten, James. Texas Divided: Loyalty and Dissent in the Lone Star State, 1856-1874. Lexington: University Press of Kentucky, 1990.

Citation Types

MLA 9th
O’Neal, Michael J., and Aaron Gulyas. "Speech On His Refusal To Take The Oath Of Loyalty To The Confederacy." Defining Documents in American History: Dissent and Protest, edited by Aaron Gulyas, Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=DDProtest_0042.
APA 7th
O’Neal, M. J., & Gulyas, A. (2017). Speech on His Refusal to Take the Oath of Loyalty to the Confederacy. In A. Gulyas (Ed.), Defining Documents in American History: Dissent and Protest. Salem Press. online.salempress.com.
CMOS 17th
O’Neal, Michael J. and Gulyas, Aaron. "Speech On His Refusal To Take The Oath Of Loyalty To The Confederacy." Edited by Aaron Gulyas. Defining Documents in American History: Dissent and Protest. Hackensack: Salem Press, 2017. Accessed May 30, 2026. online.salempress.com.