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The second Missouri state constitution was ratified in 1865 following the end of the Civil War. As Missouri was not included in the Emancipation Proclamation due to its status as both a border state and part of the Union during the war, the 1865 constitution ended slavery in the state. The second constitution was known as the Draconian Constitution due to its loyalty oath provisions, which were struck down by the US Supreme Court in Cummings v. Missouri (1867).
| Characteristics | Values |
|---|---|
| Year of ratification | 1865 |
| Reason for ratification | To abolish slavery in Missouri |
| Nickname | "Draconian Constitution" |
| Reason for nickname | Loyalty oath provisions |
| Status of nickname | Struck down by the US Supreme Court in Cummings v. Missouri (1867) |
| Duration of effect | 10 years |
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What You'll Learn
The 1865 constitution was Missouri's second
The second constitution ended the institution of slavery in the state. This was necessary because, as a border state and part of the Union during the war, Missouri was not included in the Emancipation Proclamation. The 13th Amendment to the U.S. Constitution later abolished slavery across the country in the same year.
The 1865 constitution was also known as the "Draconian Constitution" due to its controversial loyalty oath provisions. These provisions were struck down by the U.S. Supreme Court in Cummings v. Missouri (1867).
The second constitution was passed by a new constitutional convention that was elected in November 1864 and met in January 1865. This convention was elected following the 1861-63 convention, which chose against secession and operated as the de facto pro-Union government of Missouri when the governor and other pro-Confederate politicians fled from Jefferson City.
The 1865 constitution remained in effect for ten years, until the third constitution was drafted in 1875.
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It abolished slavery in the state
The 1865 Missouri Constitution, also known as the "Draconian Constitution", abolished slavery in the state. This was Missouri's second constitution, passed after the Civil War. The first Missouri Constitution, written in 1820, had specifically excluded "free negroes and mulattoes" from the state. It was a result of the Missouri Compromise, which admitted Missouri as a slave state and Maine as a non-slave state simultaneously to maintain the balance between slave and free states in the nation.
The 1865 Constitution was passed by a new constitutional convention elected in November 1864, which met in January 1865. It was ratified on June 6, 1865, and remained in effect for ten years. The end of the Civil War and the passage of the 13th Amendment to the U.S. Constitution later in 1865 abolished slavery nationwide. However, Missouri's unique status as a border state and part of the Union during the war meant that it was not included in the Emancipation Proclamation. Therefore, the 1865 Missouri Constitution played a crucial role in ending slavery specifically within the state.
The inclusion of loyalty oath provisions in the 1865 Constitution caused controversy. These provisions were later struck down by the U.S. Supreme Court in Cummings v. Missouri (1867). The constitution's role in abolishing slavery in Missouri, however, marked a significant shift from the state's initial acceptance of slavery in its first constitution.
The issue of slavery in Missouri had been a source of controversy even before the 1865 Constitution. During the Missouri Constitutional Convention of 1861-63, the delegates chose against secession and did not produce a new constitution. Instead, they functioned as the de facto pro-Union government when the governor and other pro-Confederate politicians fled Jefferson City. This convention's decision against secession indicated a shift in Missouri's stance on slavery, which was solidified by the 1865 Constitution's abolition of slavery.
The abolition of slavery in Missouri through the 1865 Constitution was a pivotal moment in the state's history, reflecting the broader changes occurring throughout the nation during the post-Civil War era. It represented a break from Missouri's past acceptance of slavery and brought the state into alignment with the national movement towards emancipation.
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It was ratified after the Civil War
Missouri's second constitution was ratified in 1865, after the end of the Civil War. This constitution abolished slavery in the state, which had not been included in the Emancipation Proclamation due to its status as a border state and part of the Union. The second constitution was known as the "Draconian Constitution" due to its loyalty oath provisions, which were later struck down by the US Supreme Court in Cummings v. Missouri (1867).
The ratification of the 1865 constitution was preceded by a period of political upheaval in Missouri during the Civil War. The Missouri Constitutional Convention of 1861-63 was elected to decide on secession but chose against it, instead operating as the de facto pro-Union government when the Confederate-supporting governor and other politicians fled Jefferson City. This convention did not produce a new constitution, but it provided for elections to a new constitutional convention in November 1864, which passed the second constitution.
The first Missouri constitution had been adopted in 1820, as a result of the Missouri Compromise. This compromise admitted Missouri as a slave state and Maine as a non-slave state simultaneously, in order to maintain the balance between slave and free states in the nation. The Missouri territory had been given the authority to create a constitution and state government by Congress, and the first Missouri Constitutional Convention assembled in St. Louis in June 1820. The convention, composed of 40 men from 15 Missouri counties, met for 38 days before approving the document on July 19, 1820.
The second Missouri constitution of 1865 reflected the changing nature of the nation in the aftermath of the Civil War, particularly with regard to slavery. While the first constitution had specifically excluded "free negroes and mulattoes" from the state, the second constitution abolished slavery altogether. This change brought Missouri in line with the 13th Amendment to the U.S. Constitution, which abolished slavery nationwide later in 1865.
The 1865 constitution also included provisions that established the framework for the state's government. It provided for three branches of government: legislative, executive, and judicial. This structure laid the groundwork for the modern government of Missouri, which continues to operate within the framework established by this post-Civil War constitution.
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It was known as the Draconian Constitution
Missouri's second constitution, ratified in 1865 following the end of the Civil War, was known as the "Draconian Constitution". This was due to its controversial loyalty oath provisions, which were later struck down by the US Supreme Court in Cummings v. Missouri (1867).
The 1865 constitution was passed by a new constitutional convention that had been elected in November 1864. This convention operated as the de facto pro-Union government of Missouri when Governor Claiborne Fox Jackson and other politicians who supported the Confederacy fled from Jefferson City.
The constitution abolished slavery in Missouri, which was not included in the Emancipation Proclamation due to its status as both a border state and part of the Union during the war. The 13th Amendment to the U.S. Constitution later abolished slavery across the country in the same year.
The loyalty oath provisions in the 1865 constitution were designed to ensure that citizens swore allegiance to the Union. However, they were seen as overly harsh and restrictive, leading to the constitution's nickname. The specific provisions are unclear, but they were significant enough to be challenged and ultimately struck down by the Supreme Court.
The "Draconian Constitution" remained in effect for ten years, after which a fourth constitutional convention was held in 1875, resulting in a new constitution for the state.
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Its loyalty oath provisions were struck down by the US Supreme Court in 1867
The 1865 Constitution of Missouri, drafted during the early Reconstruction Era after the American Civil War, included controversial provisions requiring voters to take a loyalty oath. These oaths, designed to exclude former Confederates from political life, caused significant debate and had legal repercussions. The oath stated:
> "I do solemnly swear that I have not, directly or indirectly, since the adoption of the Constitution of the United States, by combine, conspiracy, or secret concert with any person or persons whatsoever, attempted to hinder or prevent the Federal authorities, in any of the States or Territories of the United States, from exercising and performing, or caused or encouraged, or aided, or abetted, the hindrance or prevention of the exercise or performance of any of the constitutional powers, or duties, or prerogatives, of the government of the United States, or of any department, or officer thereof, and that I have not, by such means, or otherwise, combined, conspired, or acted with any person or persons, or advised or encouraged any person or persons, to do any acts, or to assemble with others, for the purpose of hindering or preventing the free and unimpeded course of the Constitutional laws of the United States, in the hands of the officers of the Federal government, in any State or Territory thereof, and that I will, in future, faithfully support, and cause to be faithfully supported, the Constitution of the United States, and the Constitution and laws of the State of Missouri, and that I will faithfully protect, defend, and cause to be protected and defended, the Union of the States, and the Union of the State of Missouri, in particular, from all open or secret enemies and assaults, foreign or domestic, and that I will support and cause to be supported, the free institutions and rights of the people, against all assaults, from any and every quarter or source whatsoever."
The oath effectively required voters to swear allegiance to the Union and disavow any past efforts to hinder the federal government's actions. Those who refused to take the oath lost their right to vote, hold office, serve on juries, or practice law in the state. The provisions particularly targeted individuals who had supported the Confederacy or had been members of the secessionist Missouri State Guard during the war.
The controversy surrounding these loyalty oaths led to a Supreme Court case, *Cummings* v. *Missouri* (4 Wall. 277), decided in 1867. The Court ruled that the oaths violated the Constitution's ex post facto clause (Article I, Section 10), which prohibits the passage of laws that retroactively change the consequences of actions that were legal when committed. The Court also found that the oaths violated the Constitution's prohibition on bills of attainder (Article I, Sections 9 and 10), which are legislative acts that inflict punishment without a judicial trial.
As a result of the Supreme Court's decision, Missouri's loyalty oath provisions were struck down, and the state was forced to revise its constitution. This event highlighted the complex legal and political challenges faced during Reconstruction, as states struggled to balance the restoration of the Union with the need for reconciliation and the protection of individual rights.
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Frequently asked questions
The 1865 Missouri Constitution, also known as the "Draconian Constitution", included loyalty oath provisions that were deemed controversial and were eventually struck down by the US Supreme Court in Cummings v. Missouri (1867).
The loyalty oath provisions in the 1865 Missouri Constitution were seen as overly harsh and restrictive, hence the label "Draconian". These provisions required individuals to swear loyalty to the state government and were likely aimed at preventing secessionist sentiments and actions.
Apart from the loyalty oath provisions, another controversial aspect of the 1865 Missouri Constitution was its delayed abolition of slavery. While the 13th Amendment to the U.S. Constitution abolished slavery nationwide in 1865, Missouri's unique position as both a border state and part of the Union during the Civil War meant that it was not included in the Emancipation Proclamation. This delay in emancipation led to criticism and highlighted the complex political dynamics of the time.
