What’s in Your Constitution: A Prohibition Retrospective

By Rachel Union, Library Assistant

The United States Congress first proposed the 18th Amendment to the United States Constitution in 1917. This amendment was ratified in January of 1919 and later that year became the subject of federal legislation, called the Volstead Act, prohibiting the manufacture, transportation, and sale of alcohol. Congress passed this legislation, which was then vetoed by President Woodrow Wilson and later overridden by Congress in that same year. The era of American history where the federal government banned alcohol (1920-1933) became known as Prohibition. Texas amended the state constitution and instituted “dry laws.”

Edward McLandish’s Bootlegger’s Map of the United States, 1926. Richard Niles Graham Collection, 1846-1958.

Originally, limiting the use of grains for the manufacture of alcoholic beverages began during WWI in an attempt to ensure food security in the United States and for other purposes such as the production of medicine and fuel. Post WWI, the manufacture, sale, and consumption of alcohol became the rallying cry for those in the temperance movement who felt that the consumption of alcohol poisoned people and lead to ills in society.

Organizations like temperance unions and anti-saloon leagues formed across the United States in support of abstaining from liquor and campaigning against the creation and sale of it. Prohibition was also tied to the suffrage movement as many women were strong advocates for temperance and used this cause as a means to push forward their right to vote. This legislation also resulted from post-WWI fears related to concerns about the many beer companies in the United States with German names as well as the number of saloons that were owned and operated by immigrants. The politics of this movement were complicated as citizens argued for and against this level of government oversight. 

The Texas State Library and Archives Commission (TSLAC) has many items related to Prohibition, as well as earlier movements to ban alcohol in Texas and on-going efforts to legislate it since the 21st Amendment repealed the Volstead Act in 1933. These materials include archival newspapers, publications, maps, governor’s records, and more. Below are items that highlight the history of this topic and are held at TSLAC.


image of pamphlet captioned Open letters on prohibition: a controversy between hon. jeffersno davis and bishop chas. b. galloway.

This publication from our Main collection consists of letters compiled in 1893 by Bishop Charles B. Galloway, D.D. The letters demonstrate the written exchange of ideas between Jefferson Davis, Ex-President of the Confederate States of America, who argued against Prohibition, and Bishop Galloway, of the Methodist Episcopal Church, South, who argued in favor.

Image: Open letters on prohibition: A controversy between Hon. Jefferson Davis and Bishop Chas. B. Galloway, D.D., 1893. 178.1 D294 TSLAC MAIN Collection.


In this newspaper article from 1911, the author discusses Governor Lubbock’s reading of an anti-prohibition letter written by Jefferson Davis where he calls for legislation regarding the abuse, but not use, of alcohol. Davis writes, “To deny the individual liberty and moral responsibility would [be] to eradicate one evil with the substitution of another.”

newspaper articles in scrapbook
Newspaper articles in scrapbook, 1911. Texas Brewers Institute, 1977/035-10.

Found in scrapbooks of the Anti-Statewide Prohibition Association, this item is part of the collection of the Texas Brewers Institute which was founded as a lobbying organization to advocate for brewers and related businesses in 1933.


image of first page of report, prohibiting intoxicating beverages.
Prohibiting intoxicating beverages, United States Congressional Series No. 7592, May 19-November 19, 1919.

Above is the first page of House Report No. 91, Prohibiting Intoxicating Beverages, presented to the U.S. Congress Committee of the Whole House by Congressman Volstead, the author of the Volstead Act (House Report No. 6810).  This bill seeks to offer a definition for ‘intoxicating beverages’ in order to ease enforcement of the 18th Amendment.


image of house of representatives dcoument 282, veto message on h.r. 6810 prohibition bill, message from the President of the united states, woodrow wilson
Message from the President of the United States, United States House of Representatives Document No. 282 , October 27, 1919.
page two of message from president woodrow wilson
Message from the President of the United States, United States House of Representatives Document No. 282 , October 27, 1919. Page 2.

The United States Congressional Series No. 7644 published the veto message President Woodrow Wilson sent to Congress regarding H.R. 6810, the Prohibition Bill. In his writing, President Wilson argued that prohibition was initially passed for war-time purposes and was no longer needed in a post-war society. The Congress overrode the veto and the Volstead Act became law.


Journal of the proceedings of the Constitutional Convention held by the sovereign state of Texas in the city of Austin, Texas, on the 24th day of November, A.D., 1933, for the purpose of ratifying the twenty-first article of amendment to the Constitution of the United States of America
Journal of the proceedings of the Constitutional Convention held by the sovereign state of Texas in the city of Austin, Texas, on the 24th day of November, A.D., 1933, for the purpose of ratifying the twenty-first article of amendment to the Constitution of the United States of America. C3025.6 J826 1933, Texas Documents Collection.
Journal of the proceedings of the Constitutional Convention held by the sovereign state of Texas in the city of Austin, Texas, on the 24th day of November, A.D., 1933, for the purpose of ratifying the twenty-first article of amendment to the Constitution of the United States of America, page two.
Journal of the proceedings of the Constitutional Convention held by the sovereign state of Texas in the city of Austin, Texas, on the 24th day of November, A.D., 1933, for the purpose of ratifying the twenty-first article of amendment to the Constitution of the United States of America. C3025.6 J826 1933, Texas Documents Collection.

TSLAC’s holdings also include materials discussing the passage and enactment of the 21st Amendment, Repeal of Prohibition. Here are two pages from the Journal of the proceedings of the Constitutional Convention held by the sovereign state of Texas in 1933, at which time the delegates unanimously ratified the 21st Amendment to the United States Constitution.


At right is the message President Franklin D. Roosevelt sent to the United States Congress calling for the passage of legislation that repealed the Volstead Act to legalize alcohol and provide for an avenue of taxation as ‘a proper and much needed revenue for the Government.’

Image: House Miscellaneous Documents, United States Congressional Series No. 9751, 73d Congress, 1st Session March 9-June 16, 1933.


Although prohibition was officially repealed with the passage of the 21st Amendment to the U.S. Constitution, Texas still enforced state laws connected to its own constitution. On August 24, 1935, Texans voted to repeal statewide dry laws and a special session was called to draft new legislation.

Senate Bill 15 references the new amendment to the state constitution legalizing manufacture, sale and transportation of alcohol when requesting to suspend the rule of allowing three days to read. First Special Session, 44th Texas Legislature, 1935.

Laws governing the consumption of alcohol continue to present times.  Below are three articles from TSLAC’s vertical files which demonstrate how the legislation was ongoing into the twenty-first century. 


Images: “They’re Still Making Moonshine,” The Dallas Morning News Sunday Magazine, December 13, 1970; “Boozers, Liquor Laws Enough to Drive a Man…,” Austin American Statesman, September 19, 1970; “Texas Drink Mix,” Beaumont Enterprise, October 14, 2001. Liquor Laws, TSLAC vertical file.


Below is a list of some additional examples of our holdings. Many items can also be found on-line at the Texas Digital Archive and TSLAC’s online public access catalog.

Title

Author

Collection/Call Number

Year of Publication

Speech before the united anti-prohibition clubs

Mills, R. Q., the Honorable

MAIN 178 M628

1887 (Corsicana Daily Courier print)

Face the facts: Relating to the wet and dry issues

Anti-Saloon League of Texas

MAIN 178 W381f

1927

The voice of temperance scrap book

Morris, Samuel N.

MAIN 178 M834v

1936

National prohibition and states rights speech: Honorable Morris Sheppard of Texas in the Senate of the United States

Sheppard, Morris, the Honorable

MAIN 178 SH49S

1914

Making repeal work

Childs, Randolph W.

MAIN 178.4 C437M

1947

The struggle for sobriety: Protestants & prohibition in Texas 1919-1935

McCarty, Jeanne B.

TXD ZUA 590.7 SO89 #62

1980

Why I am going to vote dry

McClure, OJ

TDA: Broadside 467/TSLAC 2020/055

1933

Letter from Rev. J. Elliott Ross, C.S.P. to Erminia Thompson Folsom

Rev. J. Elliott Ross, C.S.P., Chaplain, Newman Hall, A Center for Catholic Studies

TDA: Manuscript Collection of Erminia Thompson Folsom

1928

Opinion piece from Texas Liquor Dealer

Texas Liquor Dealer

TDA: Broadside br0525

1906

For more information and questions regarding TSLAC collection, please contact the reference desk at 512-463-5455 or ref@tsl.texas.gov.

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