Florida. Constitutional Convention (1868)

On October 10, 1865, the Constitutional Convention met in Tallahassee to nullify the Ordinance of Secession of 1861 and adopt a new constitution for the State of Florida. The new constitution went into effect on November 7, 1865, without being submitted to the people for ratification. The Constitution of 1865 was never fully effective. Federal military forces remained in command of the state until July, 1868, when a new constitution was written.

The 1885 Legislature enacted Chapter 3577 calling for a Constitutional Convention in order to revise the Constitution of 1868. In May, 1885 a general election for the selection of delegates was held throughout the state. The Convention met in Tallahassee from June 9 to August 3, 1885. Samuel Pasco of Jefferson County presided. Pursuant to Ordinance No. 1 of the Convention, the Constitution was submitted to the citizens of Florida for ratification in November of 1886. The 1885 Constitution was ratified by a 31,803 to 21,243 vote.

Florida became subject to the military authority of the federal government in 1867. Pursuant to an Act of Congress, General John Pope, Commander of the 3rd Military District, issued an order on April 8, 1867, dividing the 39 counties of the State into 19 districts for the election of delegates to a convention to frame a new State Constitution. The Constitution had to conform with the Federal Constitution and with the 13th and 14th Amendments. The Convention met in Tallahassee on January 20, 1868. As the Convention began its functions, bitter factions were formed, and only under after federal government intervention was the Convention brought under control. The Convention reconvened on February 18, 1868, and Horatio Jenkins, Jr. was elected President. The Constitution was adopted by the people of Florida in May, 1868. It conferred electoral franchise upon "male persons" instead of "white male persons" as by the 1865 Constitution. With its acceptance by the federal military authorities, the State of Florida was recognized as being restored to the Union, and its Senators and Representatives were admitted to Congress.

With the possibility of being admitted to statehood, an Act was passed by the Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates in October of 1838, to a convention to be held at St. Joseph, West Florida. The delegates were to draft a constitution and bill of rights for the Territory of Florida.

The Constitutional Convention convened on December 3, 1838 with Robert Raymond Reid presiding as president and Joshua Knowles secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one, since they used the constitutions of several other southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned sine die on January 9, 1839.

With the possibility of being admitted to statehood, an Act was passed by the Territorial Council in 1838, approved by Governor Richard Keith Call, calling for the election of delegates in October of 1838, to a convention to be held at St. Joseph, West Florida. The delegates were to draft a constitution and bill of rights for the Territory of Florida.

The Constitutional Convention convened on December 3, 1838 with Robert Raymond Reid presiding as president and Joshua Knowles secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one, since they used the constitutions of several other southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned sine die on January 9, 1839.