Key Components Of Mississippi's 1832 Constitution

Mississippi's 1832 Constitution was the second in the state's history, replacing the original 1817 version. The 1832 Constitution was drafted by a convention of elite businessmen, lawyers, and doctors, and it was never submitted to the people for ratification. It was used until 1868, and it included several notable provisions. Firstly, it removed the requirement for voters to own property, although the right to vote and run for office was still restricted to white males. Secondly, it prohibited the importation of slaves into Mississippi from other states after May 1, 1833, and banned the sale of slaves as merchandise. It also gave Native Americans in the state the same rights as whites, and outlawed dueling.

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Voting rights and requirements

The Mississippi Constitution of 1832 was the second constitution in the state's history, replacing the original constitution of 1817. One notable aspect of the 1832 constitution was that it prohibited the importation of slaves into Mississippi from other states after May 1, 1833. The 1832 constitution also championed participatory democracy, eliminating property ownership as a qualification for public office and no longer requiring militia service or tax payment as criteria for serving in the legislature.

The 1832 Mississippi Constitution ended property ownership as a prerequisite for voting, but the right to vote and run for elected office was still restricted to free white males. African Americans and women were prohibited from voting or being elected into office under this constitution. The 1832 constitution was the last in Mississippi to be used while slavery was legal in the United States. It was superseded in 1868, three years after the abolition of slavery, when it was replaced by a new constitution that, for the first time, bestowed state citizenship on all residents of Mississippi, including newly freed slaves.

The 1832 constitution also changed how judges were chosen, with judges being elected and no longer appointed. The constitution mandated that the qualified electors of each county elect the judges for the court of probates and the clerks of the high court of errors and appeals. The qualified electors of the state were also responsible for electing the secretary of state, who would hold office for a term of two years.

The 1832 constitution was created in response to demands from new settlers in the northern two-thirds of Mississippi, who wanted a government that was more responsive to the people. They called for shorter terms for government officials, elective judgeships, frequent elections, and other provisions to bring the government closer to the people. The constitution also included a ban on dueling, which was a common occurrence in the early 19th century.

The role of the governor

The 1832 Mississippi Constitution was the second constitution in the state's history, replacing the 1817 constitution. The 1832 constitution was notable for several reasons, including its provisions related to the governor's role and powers. Here is an overview of the role of the governor as outlined in the 1832 Mississippi Constitution:

Role of the Governor

The 1832 Mississippi Constitution outlined specific duties and responsibilities for the governor, including:

• Keeping the official seal of the state, known as the "Great Seal of the State of Mississippi" (Section 12)
• The governor, along with all civil officers, was liable to impeachment for any misdemeanour in office. The consequence of such impeachment was removal from office and disqualification from holding any future office of honour, trust, or profit within the state (Section 3, Section 1).
• The governor had the power to fill vacancies by commissions until elections or appointments could be made under the authority of the constitution (Section 11).
• The governor was responsible for ensuring the enforcement of laws prohibiting the importation of slaves into Mississippi from other states after May 1, 1833.
• The governor, along with other officials, was required to take an oath to support the Constitution of the United States and the Constitution of the State of Mississippi upon entering office.
• The governor worked with the legislature to address land expansion and the selection of a permanent location for the state capital, ultimately choosing Jackson.

The 1832 Mississippi Constitution was a significant step towards participatory democracy in the state, and the governor played a crucial role in implementing and upholding the principles outlined in this constitution. It is worth noting that this constitution was created during a time of significant population growth and social change in Mississippi, and the governor's role reflected the needs and demands of the time.

Judicial selection

The Mississippi Constitution of 1832, also known as the second constitution, was a significant document in the state's history, outlining the framework for governance and addressing various issues. One of the notable aspects of this constitution was its impact on the judicial selection process.

The 1832 constitution brought about a change in how judges were chosen. Unlike the previous appointment system, the new constitution mandated that judges be elected. This shift towards elected judgeships was a direct response to the demands of new settlers, who sought greater participation in the state's governance.

The constitution established a court of probates in each county, with jurisdiction over matters such as wills, administration, orphans' affairs, and cases involving individuals with mental illnesses. The judge of this court was to be elected by the qualified electors of the respective county for a two-year term. This provision ensured local representation and allowed the people a more direct say in the administration of justice.

Additionally, the constitution outlined the role of the clerk of the high court of errors and appeals, who was to be appointed by the court for a term of four years. This position was distinct from the clerks of the circuit, probate, and other inferior courts, who were also elected by the qualified electors of their respective counties but served for a term of two years.

The 1832 constitution's focus on judicial selection reflected the desire for a more democratic and representative government in Mississippi. By empowering the people to elect judges and play a more active role in the judicial system, the constitution took a significant step towards participatory democracy in the state.

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Slavery and emancipation

The 1832 Mississippi Constitution was drafted in the context of a great land rush by American settlers into the northern two-thirds of the state, which encouraged a huge population growth. The new settlers demanded a new constitution that would bring Mississippi's government closer to the people. Notably, the 1832 Constitution was the last state constitution of Mississippi that was used while slavery was still legal in the United States.

The 1832 Mississippi Constitution prohibited the Mississippi Legislature from passing any laws designed to set people free from slavery, unless the slave had committed a "distinguished" deed to benefit the state or had the consent of the owner, who was to be monetarily compensated for the emancipation of the slave. This reflected the course of Southern popular opinion at the time, in which laws restricted state legislatures from ending slavery in their states, making it impossible without the full consent of slave owners. The 1832 Constitution also prohibited importing slaves into Mississippi from other states after May 1, 1833, and banned the sale of slaves as merchandise.

The 1832 Constitution was superseded in 1868, three years after the abolition of slavery, when it was replaced by a new constitution. The 1868 constitution was the third constitution in the state's history and lasted until 1890. It was the only constitution to be approved and ratified by the people of Mississippi at large and bestowed state citizenship on all of Mississippi's residents, including newly freed slaves.

The fourth and current constitution of Mississippi was adopted in 1890, created by a convention composed almost entirely of white Democrats, with the explicit aim of disenfranchising, isolating, and marginalizing the state's African American population. The provisions preventing them from voting were only repealed in 1975, after the U.S. Supreme Court had ruled them to have violated the tenets of the U.S. Constitution.

Native American rights

The 1832 Mississippi Constitution was the second constitution in the state's history, replacing the 1817 constitution. It was created and adopted in response to a great land rush by American settlers into the northern two-thirds of Mississippi, which caused a huge population increase. The new settlers demanded a new constitution that would bring Mississippi's government closer to the people.

The 1832 Constitution did not grant any rights to Native Americans. In fact, it continued to uphold the institution of slavery and even prohibited the Mississippi Legislature from passing any laws designed to set slaves free. The only exception to this was if the slave had performed a "distinguished" deed for the state, or if the owner gave consent and was monetarily compensated.

The 1832 Constitution also prohibited the importation of slaves into Mississippi from other states after May 1, 1833. This meant that slave owners could bring enslaved people into the state, but slave traders were prohibited from operating within it.

While the 1832 Constitution did not explicitly mention Native Americans, it did include a "Declaration of Rights," which stated that "all freemen, when they form a social compact, are equal in rights." However, this right was likely limited in practice to white male citizens, as the right to vote and hold office was restricted to this group.

The Constitution also included provisions for freedom of religion and freedom of speech, stating that "the exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this state." It also declared that "no law shall ever be passed to curtail or restrain the liberty of speech or of the press." Again, these rights were likely limited in practice to white male citizens.

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