Isabella Carter
The Mississippi Constitution of 1817 was the state's first constitution as a US state. It was drafted by a convention of delegates, most of whom were wealthy conservative attorneys and landowners. The constitution contained six articles, including a division of power into legislative, executive, and judicial departments, a declaration of civil liberties, and nominal recognition of popular sovereignty. Notably, it required candidates for legislative office to own land, with candidates for the State Senate required to prove land assets of 800 acres and candidates for the House required to own 150 acres. It also restricted the right to vote and hold office to white male citizens over the age of twenty-one, with no religious test as a qualification for office.
| Characteristics | Values |
|---|---|
| First constitution of Mississippi | 1817 |
| Division of power | Legislative, executive, and judicial departments |
| Declaration of civil liberties | Recognition of popular sovereignty |
| Qualification for office | 30 years of age, US citizen for 2 years, Mississippi resident for 5 years, ownership of 600 acres of land or property valued at $2000 |
| Legislative representation | One seat per county in the General Assembly, extra seats for populous towns |
| Right to vote | White male property owners, standard age (21 years), residency requirements (1 year in the state and 6 months in the county), service in the militia, or tax remittance |
| Property holdings as a precondition for holding legislative office | Candidates for the State Senate (3-year terms) required 800 acres, candidates for the House (1-year terms) required 150 acres |
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What You'll Learn
Mississippi's first constitution
On March 1, 1817, President James Madison signed legislation allowing the inhabitants of the western portion of the Mississippi Territory to form their own constitution and government. This was Mississippi's first constitution, created when the state joined the federal Union in 1817.
The constitution was adopted on August 15, 1817, after 48 convention delegates assembled at Washington, Mississippi, on July 7, 1817. The delegates deliberated for one month and eight days, and 45 of them signed the Constitution. One refused to sign, one was absent, and one died during the convention. There was no popular referendum to ratify this Constitution.
The 1817 Mississippi Constitution was replaced in 1832 by a new state constitution, which was then used until 1868. The 1832 constitution removed the requirement that voters must own property to cast ballots, but the right to vote and run for elected office was restricted to white men only.
The 1817 constitution, as Mississippi's first, was significant in establishing the state's laws and government structure. It included provisions such as the definition of "qualified electors," who were allowed to vote, and the process for amending the Constitution. It also addressed issues such as the boundaries of the state and the role of the military in relation to the civil power.
One notable aspect of Mississippi's first constitution was its stance on land ownership. The document included a section disclaiming the state's rights to unappropriated lands within its borders, leaving them under the sole disposition of the United States government. This section also included tax exemptions for lands sold by Congress and those belonging to citizens residing outside of Mississippi.
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Qualification requirements for office
The constitution's six articles contained standard features for the time, including a division of power into separate legislative, executive, and judicial departments, a declaration of civil liberties, and nominal recognition of popular sovereignty. However, the requirements to hold office were extensive. Candidates for the State Senate, who would serve three-year terms, had to prove ownership of 800 acres of land, while candidates for the House, who served one-year terms, had to own 150 acres. Mississippi was the last state to place such restrictions on white males. In addition to these property requirements, there were standard age and residency criteria. Candidates had to be at least twenty-one years old, with one year's residency in the state and six months in the county. They also had to have served in the militia or remitted a tax.
The 1817 Mississippi Constitution also required officeholders to be thirty years of age, US citizens for two years, and Mississippi residents for five years. They were also required to possess six hundred acres of land or property valued at two thousand dollars. The constitution created a weak executive branch, a hallmark of Mississippi politics, with the elected governor having a two-year renewable term and holding veto and appointment power, but no other substantive authority.
The 1817 Constitution also included a ban on religious tests as a qualification for office, ensuring no preference was given to any religious sect or mode of worship. This provision also protected the free enjoyment of all religious sentiments and modes of worship.
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Legislative representation
The Mississippi Constitution of 1817 was the state's first constitution, created when Mississippi joined the federal Union. The document was modelled on the content and style of the frontier constitutions of Tennessee and Kentucky. It featured a functional division of power into separate legislative, executive, and judicial departments, a declaration of civil liberties, and nominal recognition of popular sovereignty.
The Mississippi Constitution of 1817 addressed legislative representation and voting rights. The convention adopted a formula for apportionment based on the population of white male property owners in voting districts. Candidates for the State Senate, serving three-year terms, had to prove land assets of 800 acres, while candidates for the House, serving one-year terms, had to own 150 acres. Mississippi was the last state to place restrictions on the franchise for white males. In addition to standard age (21 years) and residency requirements (one year in the state and six months in the county), the convention required either service in the militia or the remittance of a tax.
The constitution also addressed the qualifications for holding office. Officeholders had to be thirty years of age, US citizens for two years, and Mississippi residents for five years. They also had to possess six hundred acres of land or property valued at two thousand dollars. The constitution created a supreme court and such inferior tribunals of law as lawmakers deemed necessary. It further called for appointed judges who served "during good behaviour".
The 1817 constitution was replaced in 1832 by a new state constitution, which removed the requirement that voters must own property to cast ballots. However, the right to vote and run for elected office was restricted to white men only. The 1832 constitution was in effect until 1868.
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Right to bear arms
The Mississippi Constitution of 1817 was the state's first constitution, created when Mississippi joined the federal Union. The document was modelled on the content and style of the frontier constitutions of sister states Tennessee and Kentucky. As such, it contained rather standard features for its time, including a functional division of power into separate legislative, executive, and judicial departments, a declaration of civil liberties, and nominal recognition of popular sovereignty.
The right to bear arms was one of the civil liberties granted in the 1817 Mississippi Constitution. This right was granted to the people, rather than citizens, of the state, and allowed them to defend themselves with arms. Importantly, the 1817 constitution did not explicitly grant the state government the power to regulate firearms ownership. This stands in contrast to the 1890 constitution, which restricted the right to bear arms to "citizens" for "his" defence.
The 1817 constitution's recognition of the right to bear arms was significant, particularly in the context of the time. During the late 19th and early 20th centuries, Southern US states often implemented stricter regulations on firearms ownership to prevent African Americans from defending themselves against lynching, terrorism, and paramilitary violence. Mississippi was no exception, as an 1817 law even forbade African Americans from possessing a canine.
The 1817 constitution's failure to grant the state government regulatory power over firearms ownership meant that, in practice, the right to bear arms was more accessible to all people in the state, regardless of race or citizenship status. This stands in stark contrast to the discriminatory enforcement of later constitutions, which used ostensibly non-discriminatory wording but were applied in a subjective and biased manner.
In summary, the unwritten qualification in the 1817 Mississippi Constitution regarding the right to bear arms was that it was a right granted to all people in the state, not just citizens. This had the effect of providing a degree of protection to African Americans, who were often targeted by discriminatory gun control laws in other states during that time period.
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Division of power
The Mississippi Constitution of 1817 was the state's first constitution as a US state, created when Mississippi joined the federal Union in 1817. It was modelled on the content and style of the frontier constitutions of Tennessee and Kentucky, and it contained six articles with rather standard features for its time. One of these features was a functional division of power into separate legislative, executive, and judicial departments.
The 1817 Constitution established a weak executive branch, which was a hallmark of Mississippi politics for a long time. The elected governor had a two-year renewable term and could exercise veto and appointment power, but no other substantive authority. The governor shared power with the Lieutenant Governor, who was elected at the same time and in the same manner, and for the same term. The constitution also created a supreme court and such inferior tribunals of law as lawmakers deemed necessary.
The legislative branch was composed of the Senate and the House of Representatives. Candidates for the State Senate, who would serve three-year terms, had to prove land assets of 800 acres, while candidates for the House, who would serve one-year terms, had to own 150 acres. The constitution required members of the House of Representatives to be at least twenty-one years old, qualified electors of the state, and resident citizens of the state for four years, and within the district they sought to serve for two years, immediately preceding their election.
The constitution also addressed the qualifications of electors. Every free white male person above the age of twenty-one, who was a citizen of the United States and a resident of Mississippi at the time of the adoption of the constitution, was deemed a qualified elector at the first election held in the state.
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Frequently asked questions
The Mississippi Constitution of 1817 was the first constitution Mississippi had as a U.S. state, created when the state joined the federal Union in 1817.
The unwritten qualification in the 1817 Mississippi Constitution was that candidates for the State Senate and House had to prove land assets of 800 acres and 150 acres, respectively.
Yes, in addition to the land asset requirements, the 1817 Mississippi Constitution also included standard age (21 years) and residency requirements (one year in the state and six months in the county). It also required either service in the militia or the remittance of a tax.
