Jonah Patel
Alabama has had six constitutions since 1819, with the post-Civil War constitutions being adopted in 1865, 1868, and 1875. The 1865 Constitution was a revision of the 1861 Constitution, which had taken Alabama out of the Union before the Civil War. The 1865 Constitution removed any mention of secession and recognised the abolition of slavery as outlined in the 13th Amendment to the US Constitution. However, it did not guarantee legal equality for African Americans, and so was rejected by Congress. As a result, Alabama adopted the 1868 Constitution, which recognised the 13th, 14th, and 15th Amendments. This was replaced by the 1875 Constitution, which rolled back many of the advances of the Reconstruction constitutions by reducing the size of government, decreasing funding for public education, and weakening the political power of African Americans.
| Characteristics | Values |
|---|---|
| Date of adoption | 1865 (replaced in 1868) |
| Reasons for adoption | To allow Alabama to re-enter the Union after the Civil War |
| Based on | The 1861 Constitution |
| Key changes from 1861 Constitution | Removed language of secession, recognised abolition of slavery, invalidated 1861 Ordinance of Secession, banned slavery, repudiated state's war debt |
| Key similarities to 1861 Constitution | Retained the Declaration of Rights |
| Key issues | Did not guarantee legal equality for African Americans, leading to the passing of "Black Codes" |
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What You'll Learn
Alabama's 1865 Constitution
Alabama has had six constitutions since 1819, with the 1865 Constitution being the third. The 1865 Constitution was written during the Reconstruction period following the American Civil War. It was a revised version of the 1861 Constitution, which had taken Alabama out of the Union. The 1865 Constitution removed any mention of secession and recognised the abolition of slavery as inscribed in the Thirteenth Amendment to the U.S. Constitution. Alabama ratified the Thirteenth Amendment on December 2, 1865, and it achieved final ratification with Georgia's vote on December 6.
The 1865 Constitution was adopted in response to the Confederate loss in the Civil War. It was required by the U.S. Congress for Alabama to re-enter the Union. The document is written on 34 sheets of paper, bound together at the top with string, and measures 15 by 9.25 inches. The last page is signed by Benjamin Fitzpatrick, president of the convention, and William H. Ogbourne, secretary of the convention.
The 1865 Constitution included the Declaration of Rights enshrined in the 1819 and 1861 Constitutions, invalidated the 1861 Ordinance of Secession, banned slavery, and repudiated the state's $20 million war debt. A notable debate among delegates was over how representation would be apportioned. Prior to the Civil War, representation was based on the white and enslaved populations, allowing the Black Belt planters to dominate antebellum politics. The 1865 convention, however, apportioned representation based on the white population only, giving largely white North Alabama counties control of Reconstruction in Alabama.
The 1865 Constitution did not guarantee legal equality for African Americans. In fact, the legislature soon passed "Black Codes" to control freed slaves, especially in agricultural labour, which angered the U.S. Congress. As the Alabama Constitution of 1865 was required to comply with all dictates of Presidential Reconstruction to rejoin the Union, its failure to do so led to its rejection by Congress. When the Republican-controlled Congress met in late 1865, it refused to seat newly elected U.S. Senators and Representatives from the South, including Alabama, as southern states selected ex-Democrats and former Confederates for political office. Congress then instituted its own Plan of Reconstruction, which was much more radical than President Johnson's plan.
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The 1868 Constitution
Alabama has had six constitutions since 1819, with the Alabama Constitution of 1868 being the fourth. The 1868 Constitution was drafted during the Reconstruction period, following the Confederacy's defeat in the American Civil War in 1865.
The 1865 Constitution, which had allowed Alabama to re-enter the Union, did not guarantee legal equality for African Americans. As a result, it was rejected by Congress, and Alabama responded with the 1868 Constitution. The 1868 Constitution recognised the Fourteenth Amendment to the U.S. Constitution, which granted citizenship and due process to African Americans.
However, the 1868 Constitution failed to achieve ratification and was never adopted. The convention could not reach a majority vote for ratification, and it was replaced by the Alabama Constitution of 1875, which rolled back the progressive elements of the 1868 Constitution.
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Alabama's 1861 Constitution
Alabama has had seven constitutions to date, all but the current one established via State Conventions. The Alabama Constitution of 1861, also known as the "Secession Constitution", was the second of these. It was passed during Alabama's Secession Convention, which removed the state from the Union on 11 January 1861, in response to the election of Republican Abraham Lincoln as president in 1860. The 1861 Constitution was a revised version of the state's original 1819 Constitution, which had served as the framework for Alabama's governmental system.
The 1861 Constitution was never ratified by the voters of Alabama and was eventually replaced by the Alabama Constitution of 1865, which allowed for the state's readmission to the Union after the Civil War. The 1865 Constitution removed any mention of secession and recognised the abolition of slavery as inscribed in the Thirteenth Amendment to the U.S. Constitution. However, it did not guarantee legal equality for African Americans, and "Black Codes" were soon passed to control freed slaves. As a result, the 1865 Constitution was rejected by Congress, and Alabama adopted a new constitution in 1868, which recognised the Fourteenth Amendment to the U.S. Constitution.
The 1861 Constitution provided for a tripartite government organised under a presidential system, with executive power vested in the Governor of Alabama, legislative power in the Alabama State Legislature, and judicial power in the Judiciary of Alabama. The Constitution established a bicameral legislature of popularly elected members of the House of Representatives and Senate, and protected universal suffrage for all white males 21 years and older who had been in the state for more than one year. It also established an executive branch led by a popularly elected governor and an independent judiciary system.
The 1861 Constitution included an oath of office for members of the General Assembly and all officers, executive and judicial:
> "I do solemnly swear [or affirm, as the case may be] that I will support the Constitution of the State of Alabama so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of [position] according to law, so help me God!"
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![Constitution, State of Alabama: As Adopted by the Constitutional Convention, September 3rd, 1901 ... 1901 [Leather Bound]](https://m.media-amazon.com/images/I/61vI5PkK8ZL._AC_UY218_.jpg)
Alabama's Secession Convention
On December 6, 1865, Alabama adopted a new state constitution during its post-Civil War reconstruction period. This came about after the state held a secession convention in January 1861, where delegates assembled to debate and determine Alabama's response to the election of Abraham Lincoln and the secession crisis then engulfing the nation.
The Alabama Secession Convention of 1861 was a critical event in the state's history, setting the stage for its role in the Civil War and the subsequent reconstruction era. The convention was held in Montgomery, the state capital, from January 7 to 11, 1861. 66 delegates, elected by the people of Alabama, represented the state's different counties. The convention was marked by passionate debates and strong emotions as the delegates grappled with the momentous decision of whether to secede from the Union or remain a part of it.
The delegates were predominantly wealthy planters and professionals, many of whom owned slaves and had a vested interest in preserving the institution of slavery. They were influenced by a mix of factors, including a strong sense of states' rights, a commitment to slavery, and a fear of the Republican Party's growing power. The recent election of Abraham Lincoln, an outspoken opponent of slavery, as President, had heightened tensions and prompted Southern states to reconsider their position within the Union.
The convention's proceedings began with the election of a president, during which William Yates was chosen. In his inaugural address, Yates emphasized the convention's importance, stating that it would determine Alabama's destiny. The delegates then formed committees to discuss and report on various topics, including the state's grievances against the federal government, the potential consequences of secession, and the practical steps required for establishing a new government.
The convention witnessed heated debates between those advocating for immediate secession and those favoring a more cautious approach. The immediate secessionists argued that Alabama should join other Southern states in forming a new nation, citing a belief in states' rights and a fear of the federal government's growing power. They contended that the election of Lincoln signaled a shift towards abolition and that secession was necessary to protect their way of life.
However, the cooperationists, or conditional unionists, argued for remaining in the Union, provided certain demands were met. They sought concessions from the federal government, including the enforcement of the Fugitive Slave Act and the extension of slavery into the territories. They also proposed amendments to the US Constitution that would protect slavery and southern interests. Some cooperationists even suggested forming a new southern confederacy within the Union, ensuring a stronger position for negotiation.
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Alabama's 1875 Constitution
Alabama has had six constitutions over two centuries. The Alabama Constitution of 1875 was the fifth of these. It was ratified on November 16, 1875, and replaced the Alabama Constitution of 1901, which further eroded the political power and voting rights of African Americans and poor whites.
The 1875 Constitution was framed by a coalition of southern Democrats, also known as "Bourbon-Redeemers", who sought to end Congressional Reconstruction, shrink the size of government, increase centralised power, decrease the political power of African Americans, and restore pre-war white political and social supremacy. The Democrats urged white Alabamians to put aside their class differences to redeem the state from the racially integrated Republican Party and the Alabama Constitution of 1868.
The 1875 Constitution was defined in 17 articles. It lowered taxes to appeal to agricultural and industrial interests, abolished the state Board of Education, cut state funds for education, segregated schools, and placed Auburn University and the University of Alabama under a board of trustees appointed by the governor. It also reduced the amount of time that the legislature would meet by shifting to biennial sessions that would last no more than 60 days.
The 1875 Constitution did not attempt to overtly disenfranchise African Americans or write white supremacy into law, as this could have provoked Congressional Republicans to send federal troops to the state or limit Congressional representation. However, it did remove the declaration from the 1868 Constitution that mirrored the Declaration of Independence's assertion that "all men are created equal", replacing it with the statement that "all men are equally free and independent".
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Frequently asked questions
Alabama adopted a post-Civil War constitution in 1865.
The Alabama Constitution of 1865 was a revised version of the 1861 Constitution that removed any mention of secession and recognised the abolition of slavery.
The 1861 Constitution, also known as the "Secession Constitution", provided a governmental framework for the state of Alabama as it joined the Confederate States of America.
The 1865 Constitution did not guarantee legal equality for African Americans. The legislature soon passed "Black Codes" to control freedmen, especially in agricultural labour.
Yes, the Alabama Constitution of 1868 replaced the 1865 version. It recognised the Thirteenth, Fourteenth, and Fifteenth Amendments, which abolished slavery, established due process and equal protection under the law, and prohibited the denial of the right to vote based on race, colour, or previous servitude.
