Simone Lawson
The North Carolina Constitution of 1835 was a meeting of delegates elected by eligible voters in counties across the state to amend the original constitution written in 1776. The convention, which took place in Raleigh from June 4 to July 11, 1835, approved several amendments that were later voted on and approved by North Carolinians on November 9, 1835. These amendments addressed a range of issues, including representation, voting rights, and the election of the governor.
| Characteristics | Values |
|---|---|
| Reason | Pressure for reform, including from Westerners frustrated with their lack of representation in the state government |
| Date | June 4, 1835–July 11, 1835 |
| Location | Raleigh, North Carolina |
| Delegates | 76 from eastern counties and 54 from western counties; 63 Whigs, 38 Democrats, and 29 independents |
| President | Nathaniel Macon |
| Amendments | Religious test for office-holding; representation in the Senate; election of the governor by popular vote; elimination of private acts that granted divorces, changed names, and legitimized persons; procedures to impeach state officers; procedures to remove judges for disability; biannual legislative sessions; provisions for amending the constitution; equalization of the poll tax; elimination of the free black vote; reduction of property requirements for voting and holding office |
| Voter Approval | 26,771 in favor, 21,606 against |
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What You'll Learn
The Senate was fixed at 50 members, with representation based on taxes paid, not population
The North Carolina Constitution of 1776 underwent substantial amendments in 1835. This was due in large part to the state's acceptance of Jacksonian democracy, a political movement championed by President Andrew Jackson that emphasised the participation of the common man in politics. By the 1830s, demands for reform were coming from several quarters. Westerners, for instance, sought equitable geographic representation in the General Assembly, as they felt they lacked representation in the state government. They lacked access to education and transportation, and they enslaved far fewer people than eastern enslavers. Their religious and ethnic diversity also set them apart from the eastern counties.
The North Carolina Constitutional Convention of 1835 was a meeting of delegates elected by eligible voters in counties across the state. They met in Raleigh, North Carolina, from June 4, 1835, to July 11, 1835. The convention approved changes to the state constitution, which were then put to a vote on November 9, 1835, and approved by the voters of North Carolina.
One of the significant amendments resulting from the convention was the fixing of the Senate membership at 50 senators. Representation in the Senate was based on districts, and these districts were determined not by population but by the amount of taxes paid to the state treasury. This meant that each state senator represented roughly the same amount of tax revenue, rather than the same number of people. This system continued to favour those who owned property, as property ownership was a requirement to vote and hold office.
The amendment regarding Senate representation was controversial. Proponents of democracy, such as Nathaniel Macon, argued against basing representation on taxes rather than population. They believed that elections, which the amendment set to take place biennially instead of annually, were a cornerstone of democracy. Nevertheless, the amendment passed, and the changes remained in effect until 1868 when the Constitution was next amended.
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The governor was now elected by popular vote for a two-year term
The North Carolina Constitutional Convention of 1835 brought about several amendments to the state's constitution, which was originally written in 1776. One of the most significant changes was the provision for the election of the governor by popular vote rather than by the members of the General Assembly. This amendment had a considerable impact on the state's political landscape, as it gave the more populous western counties a stronger voice in government.
The background to this amendment is important to understand. In the years leading up to 1835, there was growing discontent among the people of North Carolina, particularly in the western regions. The western counties had a smaller population compared to the eastern counties, and as a result, they felt underrepresented in the state government. They also lacked access to the same level of education and transportation as the eastern regions, and there was greater religious and ethnic diversity. These factors contributed to a sense of disenfranchisement among the people in the west.
During the election of 1833, a ballot question was added in thirty-one western counties, asking voters if they supported holding a convention to amend the state constitution. The vote overwhelmingly favoured a convention, with 33,000 votes in support and only 1,000 against. This set the stage for the 1835 Constitutional Convention.
The convention delegates, who included representatives from both eastern and western counties, made several important decisions. One of them was to change how the governor was elected. Instead of being chosen by the members of the General Assembly, the governor would now be elected by popular vote. This meant that the people of North Carolina would have a direct say in choosing their governor.
The governor's term was also set at two years, which was different from the previous system. This change was made to balance the need for stability and continuity in the governor's office with the principle of democratic accountability. A two-year term allowed for more frequent elections, giving the people of North Carolina regular opportunities to express their preferences and hold their governors accountable.
The impact of this amendment was significant. By electing the governor through popular vote, the state took a step towards a more democratic form of government. It empowered the people, especially in the western regions, by giving them a stronger voice and a more direct role in shaping the state's leadership. However, it is important to note that this change primarily benefited property owners, as voting and holding office were still linked to property ownership. Nonetheless, the 1835 amendments, including the popular election of the governor, represented a substantial shift in North Carolina's political landscape and reflected the growing influence of democratic ideals in the state.
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Any Christian could hold public office
In 1835, the North Carolina Constitution underwent substantial amendments, addressing the growing calls for reform. One notable change was the amendment that allowed any Christian to hold public office, marking a shift from the previous restriction that limited office-holding to Protestants. This amendment was championed by William Gaston, a judge on the state Supreme Court, who was himself Catholic. Gaston had a history of advocating for religious inclusion in politics, as evidenced by his defence of Jacob Henry, a Jewish representative, who faced opposition to his election in 1808.
The amendment reflected the evolving religious and ethnic diversity in North Carolina, particularly in the western regions. The Westerners, who comprised a significant portion of the state's population, had long been frustrated by their lack of representation in state governance. They had fewer enslaved people, and their religious and cultural backgrounds differed from those in the eastern regions. This diversity played a crucial role in shaping the political landscape and the push for amendments to the constitution.
The 1835 amendment's impact extended beyond religious inclusion. It signalled a broader shift towards democratic ideals and the participation of a wider range of citizens in the political process. This aligned with the principles of Jacksonian democracy, which gained traction after Andrew Jackson's election to the presidency in 1828. The movement emphasised the common man's involvement in politics, challenging the previous system's bias towards landowners and those with extensive property holdings.
While the amendment opened up office-holding opportunities for Christians, it is important to note that it did not completely eradicate religious discrimination in politics. Some individuals, like William Gaston, had managed to navigate the political sphere despite their religious differences before the amendment. Additionally, the amendment's focus on Christian inclusion did not address the lack of representation for other religious groups, such as Jews, who still faced barriers to holding public office.
The amendment's legacy is complex. While it expanded opportunities for Christians and contributed to the development of democracy in North Carolina, it also occurred within a broader context of disenfranchisement. The same convention that introduced this amendment also eliminated the free black vote, contributing to a regressive pattern of black disfranchisement. This highlights the multifaceted nature of constitutional reforms, where advancements in some areas can coexist with setbacks in others.
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The free Black vote was eliminated
The North Carolina Constitution of 1835 was a meeting of delegates elected by eligible voters in counties across North Carolina. The convention aimed to amend the Constitution of North Carolina, which was written in 1776 by the Fifth North Carolina Provincial Congress. The convention took place in Raleigh, North Carolina, from June 4, 1835, to July 11, 1835, and resulted in several amendments that were voted on and approved by North Carolina voters on November 9, 1835.
One of the most significant amendments that came out of the 1835 convention was the elimination of the free Black vote. This amendment disenfranchised Black individuals who were previously allowed to vote, including former slaves. The push for this amendment came primarily from the Eastern regions of North Carolina, where the Black population was higher and slavery was more prevalent. This amendment aligned with a national trend towards restricting the rights of Black individuals.
The specific impacts of this amendment on the Black community in North Carolina are essential to understand. Firstly, it stripped away the political power that the Black community had gained through the right to vote. This disenfranchisement silenced their voices in the political process and hindered their ability to influence policy decisions and elect representatives who advocated for their interests.
Secondly, the amendment exacerbated existing racial tensions and further marginalised the Black community within the state. The loss of voting rights likely contributed to a sense of powerlessness and exclusion from the broader society. It reinforced the notion that Black individuals were not equal participants in the democratic process and that their voices and opinions carried less weight.
Lastly, the amendment's impact extended beyond the immediate loss of voting rights. It set a precedent and opened the door to further discrimination and oppression of Black individuals in North Carolina. This amendment was just one piece of a larger puzzle, as subsequent amendments and legal changes continued to target and disenfranchise the Black community. The cumulative effect of these changes had a lasting impact on the civil rights and social standing of Black individuals in North Carolina.
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Property requirements for voting and holding office were reduced
The North Carolina Constitutional Convention of 1835 made several amendments to the state's constitution, which was originally written in 1776. One of the key amendments addressed the property requirements for voting and holding office.
Prior to the 1835 amendments, the constitution of North Carolina had extensive property requirements for voting and holding office. This meant that only individuals who owned a significant amount of property or land were eligible to participate in the political process. This system gave preference to landowners and left a large portion of the population without a political voice.
During the 1830s, there was a growing demand for reform, particularly from Westerners who sought equitable geographic representation in the General Assembly. They felt underrepresented in the state government and lacked access to education and transportation. Additionally, they enslaved far fewer people than Eastern enslavers, and their religious and ethnic diversity further set them apart.
In response to these calls for change, the 1835 amendments reduced the property requirements for voting and holding office. This amendment was part of a broader movement towards Jacksonian democracy, which emphasised the participation of the common man in politics. By lowering the property requirements, the amendments took a step towards expanding voting rights and making the political system more inclusive.
However, it is important to note that the amendments did not completely eliminate the property requirements. Even after the changes, owning property was still a factor in determining voting eligibility and the ability to hold office. Nonetheless, the reduction in property requirements represented a significant shift towards a more democratic political system in North Carolina, increasing the political voice of a larger portion of the population.
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Frequently asked questions
The purpose of the convention was to amend the North Carolina Constitution of 1776, which had come under attack for its shortcomings, including disproportionate representation of eastern counties and extensive property requirements for voting and office holding.
The Senate was fixed at 50 members, with representation by district, based on the taxes paid to the state treasury by each county, rather than by population. This gave the more populous western counties more of a say in government.
Previously, only Protestants could hold public office in North Carolina. This amendment allowed any Christian to hold public office.
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