Alabama. Constitutional Convention (1875)

Authorities:

Journal of the Constitutional Convention of the State of Alabama. Montgomery: W.W. Screws, State Printer, 1875.

McMillan, Malcolm Cook. Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill: The University of North Carolina Press, 1955.

Owen, Thomas McAdory. History of Alabama and Dictionary of Alabama Biography. Vol. I. Spartanburg: The Reprint Company, 1978.

The Constitution of 1868 had given the Radicals complete control of the Ala. government. Shortly after the ratification of the Constitution, the Republican power began to deteriorate. In the election of 1874 Nov., the Democrats, under the leadership of George Smith Houston of Northern Ala., gained control of the executive judicial, and legislative branches of the government. The Radicals in the Black Belt continued to control local governments. Malcolm C. McMillan states that "during the campaign the Democrats drew the 'color line' and made 'white supremacy' the main issue" (p. 174).

When George S. Houston was elected governor, he and other Democratic leaders made a "home rule" constitution the leading issue and called for a constitutional convention. The people voted on the first Monday in 1875 Aug. for a constitutional convention. Eighty Democrats, twelve Republicans, and seven "Independents" were elected as delegates to the convention. Most of the Black Belt had voted against the convention.

The convention began on 1875 Sept. 6, with Leroy Pope Walker elected as its president. More than half of the delegates were lawyers, and not a single member of the Radical convention of 1867 was elected to the convention of 1875.

The convention appointed committees on the bill of rights, the legislative department, the executive department, the judicial department, education, finance and taxation, elections and the basis of representation, corporations, exemptions, militia, miscellaneous, provisions, and amendments to the constitution. The Democrats at the convention set out from the start to restrict the Republican minority by establishing rules for voting on and debating about sections of the constitution.

The Enabling Act, which permitted the convention of 1875 and the writing of a new constitution, provided that the convention could not pass any laws or ordinances. Unlike previous conventions, this convention was only permitted to frame a constitution.

The bill of rights received major changes, especially the section on secession. It also forbade any educational or property qualifications for suffrage or office holding, or any restraint upon suffrage or office holding because of race, color, or previous condition of servitude. (Journal of the Convention, pp. 40-43, 46-55).

The legislative department article provided for biennial sessions of the legislature, limited to fifty days; fixed the number of senators to thirty-three and the number of representatives to 100; exempted certain properties from taxation; restricted local and special legislation; and stated that the capitol could not be moved from Montgomery except by majority vote of the people at a general election (McMillan, p. 195). The legislative committee's section on impeachment was placed in a separate and new article.

The report of the committee on the executive department wanted to institute major changes in Ala.'s governmental structure. The office of lieutenant governor was abolished; it lengthened the term of all executive officials from two to four years; prohibited the governor and state treasurer from succeeding themselves; and established a pardon board to aid the governor in granting pardons (McMillan, p. 199). All executive officals were to be elected by popular election. Many of the committee's proposals were rejected by the convention: terms of executive officials remained at two years, and the governor and state treasurer could succeed themselves. The convention did adopt the section which concerned abolishing the office of lieutenant governor.

Various other additions and changes were made in an attempt to remove the stamp of the carpetbagger. The convention showed its hostility to the railroad companies and other industrial interests in the state by placing a constitutional prohibition on lending state money to internal improvements. McMillan states that "agrarian distrust of commerical-industrial enterprise was also reflected in the abolition of the office of commissioner of industrial resources created by the Radical Constitution. Since this office was also charged with certain services to the farm population, agriculture also suffered when the office was abolished" (p. 209). The Board of Education was abolished, the races were segregated in the school system, and state elections were moved from Nov. to Aug. The constitution reflected the agrarian-minded policy of the Democrats, and the distrust of Republican interest in Ala.'s railroads, mining, and industrial resources. As McMillan points out, the new constitution hampered the commerical and industrial growth of Ala. for the next twenty-five years (McMillan, p. 210).

On 1875 Nov. 16 the constitution was ratified by a vote of 85,662 to 29,217. Four of the Black Belt counties, Autauga, Dallas, Lowndes, and Montgomery, voted against it. "The Democratic party was more entrenched in power than at any time since the Civil War" (McMillan, p. 216).