Simone Lawson
Florida has had six constitutions since it became a state in 1845. The first constitution of 1865 was drafted after the Civil War to revoke the Ordinance of Secession and address Florida's return to the Union. However, this constitution limited suffrage to white male citizens, and so it did not meet the requirements of Congress and was ultimately scrapped in favor of the Constitution of 1868.
| Characteristics | Values |
|---|---|
| Year of Enactment | 1865 |
| Purpose | To revoke the Ordinance of Secession and write a new Constitution |
| Suffrage | Limited to white male citizens |
| Ratification | Not ratified, rejected by Congress |
| Control | Placed Florida under Radical Reconstruction or military rule |
| Outcome | Scraped in favor of the Constitution of 1868 |
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![Constitution: Or, Form of Government for the People of Florida as Revised, Amended and Agreed Upon at a Convention of the People Begun and Holden at the City of Tallahassee, on 1865 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
It revoked the Ordinance of Secession
The Florida Constitution of 1865 revoked the Ordinance of Secession, which had been passed on January 10, 1861, by the members of the Florida Convention of the People (commonly referred to as the Secession Convention).
The Ordinance of Secession was a formal declaration of Florida's withdrawal from the United States of America and its secession from the American Union. The ordinance stated that Florida was "a sovereign and independent nation." It was signed by 69 people and was celebrated in Tallahassee with fireworks and a parade.
The Secession Convention was called by Governor Madison S. Perry, who issued a proclamation for an election of delegates to address the issue of whether Florida had the right to withdraw from the Union. The convention met in Tallahassee on January 3, 1861, and passed the Ordinance of Secession a week later. The ordinance was ratified on April 13, 1861, along with the adoption of the constitution of the Confederate States of America.
The revocation of the Ordinance of Secession in 1865 was a significant step in Florida's transition back into the Union. The 1865 Constitution, however, limited suffrage to white male citizens and did not meet the requirements of Congress for seating delegates from former Confederate states. As a result, it was scrapped and replaced by the Constitution of 1868, which granted suffrage to all male persons, regardless of race.
Florida has had several constitutions throughout its history, reflecting the state's evolving political landscape. The current Florida Constitution was ratified in 1968 and has been modified through initiatives and referendums since then.
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It recognised the end of slavery
The Florida Constitution of 1865 recognised the end of slavery in the state. In 1860, Florida had 140,424 people, of whom 44% were enslaved, and fewer than 1,000 free people of colour. Their labour accounted for 85% of the state's cotton production.
The 13th Amendment to the US Constitution, which abolished slavery, was passed in 1865. In May of that year, Federal control was re-established in Florida, and slavery was abolished. The 1865 Florida Constitution, however, limited suffrage to white male citizens. As a result, it did not meet the requirements of Congress for seating delegates from former Confederate states and was scrapped in favour of the 1868 Constitution.
The 1868 Constitution conferred the electoral franchise upon "male persons" instead of "white male persons", as in the 1865 Constitution. With its acceptance by Federal military authorities, Florida was recognised as being restored to the Union, and its senators and representatives were admitted to Congress.
Florida's secession from the Union in 1861 was largely driven by a desire to protect slavery. Confederate authorities used slaves as teamsters to transport supplies and as labourers in salt works and fisheries. Many slaves escaped to the relative safety of Union-controlled enclaves during the American Civil War. Beginning in 1862, Union military activity in East and West Florida encouraged slaves in plantation areas to flee their owners in search of freedom. Some worked on Union ships, and, following the Emancipation Proclamation of 1863, more than a thousand enlisted as soldiers and sailors in the United States Colored Troops.
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It limited suffrage to white male citizens
Florida has had six constitutions, the first of which was adopted in 1812. The Constitution of 1865 was drafted in October 1865, after the Civil War, by delegates who met to revoke the Ordinance of Secession and write a new Constitution.
The 1865 Constitution limited suffrage to white male citizens. This was a significant restriction on voting rights, as it excluded African Americans and women from participating in the democratic process. This limitation on suffrage meant that the 1865 Constitution did not meet the requirements of Congress for seating delegates from former Confederate states. As a result, it was scrapped in favor of the Constitution of 1868, which extended suffrage to "'male persons', regardless of race.
The 1865 Constitution's limitation on suffrage was part of a broader context of racial inequality and the struggle for civil rights in the United States. At the time, African Americans were fighting for their basic rights and freedoms, including the right to vote. The limitation on suffrage in the 1865 Constitution was a reflection of the racial discrimination and prejudice that existed in society at the time.
The 1868 Constitution, which replaced the 1865 version, was a significant step forward in terms of civil rights. By granting suffrage to "'male persons', it recognized the right of African American men to vote, marking a shift towards greater racial equality. However, it is important to note that women were still excluded from suffrage under the 1868 Constitution, and it would take several more decades of struggle and activism for women's suffrage to be achieved.
The history of Florida's constitutions, including the 1865 version, illustrates the evolving nature of democracy and the ongoing struggle for civil rights and equality. While the 1865 Constitution limited suffrage to white male citizens, it was ultimately superseded by subsequent constitutions that expanded voting rights and worked towards a more inclusive and equitable democratic process.
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It changed the governor's term from four years to two
The Florida Constitution of 1865 was the first version of the state's constitution after the Civil War. It was drafted by a convention of delegates in January 1865, with the aim of revoking the Ordinance of Secession and addressing Florida's status within the Union. One of the significant changes made by this constitution was the alteration of the governor's term in office.
Prior to the Constitution of 1865, the governor of Florida served a four-year term. However, the new constitution amended this duration and reduced it to a two-year term. This change was set to take effect in October 1865, but it never came to fruition due to the Confederacy's defeat in the Civil War.
The reduction in the governor's term length was part of a broader set of amendments made to the constitution during this period. Florida, having been under Confederate control, underwent a transition as it sought to rejoin the Union. This transition involved altering the state's constitution to align with the Union's principles and requirements.
The Constitution of 1865, however, did not meet Congress's requirements for readmission to the Union. As a result, Florida was placed under Radical Reconstruction, also known as military rule, until 1868. During this period, the state's constitution underwent further revisions to guarantee the rights of African Americans and ensure their inclusion in the political process.
The 1868 Constitution ultimately restored civilian control of Florida and marked the state's official return to the Union. This constitution was shaped by the Republican Party's dominance and the enfranchisement of African Americans, guaranteeing their political rights. The 1868 Constitution served as the foundation for subsequent revisions, including the current Florida Constitution, which was ratified in 1968 and has been amended multiple times since then.
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It was rejected by Congress
Florida's 1865 Constitution was rejected by Congress because it did not meet the requirements for seating delegates from the former Confederate states. The Republican-controlled Congress was unsatisfied with the former Confederate states' limited acceptance of freedom for African Americans. The 1865 Constitution limited suffrage to white male citizens, and this was at odds with Congress's aim to enfranchise African Americans for the first time.
The 1865 Constitution was drafted by delegates who met to revoke the Ordinance of Secession and write a new Constitution. The delegates voted 62-7 to withdraw Florida from the Union, making it the third state to secede. They altered the terms of office for many officials and deleted references to the United States. Civil government was suspended when the Union military first occupied Florida in May 1865.
Hoping to return the former Confederate states to the Union as quickly as possible, President Andrew Johnson appointed Judge William Marvin of Key West as provisional governor and directed him to call a constitutional convention. The delegates annulled the Ordinance of Secession and framed a new state constitution that recognized the end of slavery. However, this constitution was short-lived.
Under the Reconstruction Acts, Congress assumed control over readmitting the former Confederate states to the Union. The United States military reoccupied those states and caused all eligible men over 21, regardless of race, to be registered to vote. Each state's newly enfranchised electorate then selected delegates to frame a new state constitution and submit it to Congress for approval. Florida's constitutional convention met in January 1868, and the voters ratified the final document on May 4, 1868. Congress officially declared Florida back in the Union later that year on July 25.
Florida has had six constitutions, in 1812, 1838, 1861, 1868, 1885, and 1968. The current constitution has been amended 146 times.
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Frequently asked questions
The Florida Constitution of 1865 was drafted to revoke the Ordinance of Secession and recognize the end of slavery.
The Constitution was created to allow Florida to re-enter the Union. Florida had withdrawn from the Union in 1861 and become a sovereign and independent nation.
No, the 1865 Constitution was rejected by Congress as it limited suffrage to white male citizens. Florida was placed under Radical Reconstruction, or military rule, until 1868.
Florida's civilian government was restored in 1868 with a new Constitution. This Constitution was approved by Congress and Florida was officially restored to the Union.
