Louisiana's Constitution: Congress' 1864 Rejection Explained

why did congress reject louisiana new constitution in 1864

In 1864, Louisiana's new constitution was rejected by Congress due to its lack of voting rights, Black Codes, and a recall on the Constitutional Convention, which ultimately resulted in the New Orleans Riot. The constitution was also vehemently condemned by Black Louisianans and angered Republicans in Congress, who refused to recognize it. The convention was also criticized for its absenteeism, extravagances, and free liquor and cigars, with final costs exceeding $250,000.

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The 1864 constitution was drafted by only 19 of Louisiana's 48 parishes

The 1864 Louisiana Constitution was drafted by delegates from only 19 of the state's 48 parishes. These 19 parishes were the ones occupied by Union forces, and the convention was summoned by General Nathaniel P. Banks, commander of the occupied areas of Louisiana, on orders from President Lincoln. The convention was held in Liberty Hall, New Orleans, the same place where a convention had voted to leave the Union three years prior.

The 1864 Constitution was notable for abolishing slavery and establishing a minimum wage and a nine-hour workday. It also provided for state-funded segregated public education and a lottery to fund the state government. However, it did not grant all Black Louisianans full social or political equality, and it failed to address voting and civil rights for newly freed people. The convention was also known for absenteeism, free liquor and cigars, and other extravagances, with final costs exceeding $250,000.

The 1864 Constitution was vehemently condemned by Black Louisianans and angered Republicans in Congress, who refused to recognize it. Governor Michael Hahn recalled the constitutional convention in July 1866, but when the conventioneers and their supporters gathered, they were attacked by a white mob, resulting in the deaths of mostly Black Louisianans. This event led to the creation of the Fifth iteration of Louisiana's organic law.

The Reconstruction Acts of 1867, which were passed in response to the increasing violence and suppression of Black voting rights, put General Philip H. Sheridan in command of Louisiana. These acts authorized Sheridan to register all adult Black and white men who had not supported the Confederacy to vote, effectively enfranchising Black men and disenfranchising most white men. The 1868 Louisiana Constitution, drafted with the prominent participation of Black Louisianans, incorporated a bill of rights, eliminated the Black Codes, and lowered the number of capital crimes.

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It was criticised for its absenteeism, extravagance, and free liquor and cigars

The 1864 Louisiana Constitution was drafted during a convention that lasted four months, from April to July. It was convened by Gen. Nathaniel P. Banks, who was acting under orders from President Lincoln, with the aim of allowing Louisiana to rejoin the Union.

The convention was criticised for absenteeism, extravagance, and the provision of free liquor and cigars. Delegates only came from 19 of Louisiana's 48 parishes, specifically those occupied by Union forces. The convention's final costs exceeded $250,000.

Despite the convention's shortcomings, the resulting constitution did include some progressive measures. It abolished slavery, granted the vote to all white males, provided tax money for the education of both white and black children, established a minimum wage, and created a nine-hour workday.

However, the 1864 Constitution was vehemently condemned by Black Louisianans and angered Republicans in Congress, who refused to recognise it. The constitution was used by ex-Confederates, who quickly dominated the general assembly, to further restrict the rights of freed people through the Black Codes.

The convention and the resulting constitution were also marred by violence. In July 1866, a white police mob attacked a crowd of Black and white Louisianans who had gathered for a constitutional convention, killing 37 people. This incident highlighted the violent tactics used by white Democrats to suppress Black people's rights and regain power.

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It was vehemently opposed by Black Louisianans and Republicans in Congress

The Louisiana Constitution of 1864 was vehemently opposed by Black Louisianans and Republicans in Congress. The Constitution was drafted by a convention called by Gen. Nathaniel P. Banks, the commander of the occupied areas of Louisiana, on orders from President Lincoln. The convention was assembled to bring Louisiana back into the Union. However, the Constitution was drafted by delegates from only 19 of Louisiana's 48 parishes, specifically those under Union occupation. The convention was also marred by absenteeism, extravagance, and allegations of free liquor and cigars being provided to delegates.

The 1864 Constitution abolished slavery and established a minimum wage and a nine-hour workday. However, it only granted voting rights to white males and did not address the voting rights of freedmen. This angered Republicans in Congress, who refused to recognize the Constitution. Black Louisianans also vehemently condemned the Constitution, as it did not grant them voting rights and allowed ex-Confederates to dominate the general assembly and impose greater restrictions on Black people through the Black Codes.

The failure of the 1864 Constitution to address voting rights for freedmen and the imposition of Black Codes ultimately led to the New Orleans Riot. In 1867, Louisiana was placed under military rule, and a Third Reconstruction Act was passed, enfranchising adult black males and requiring the ratification of the Fourteenth Amendment for Congressional representation. A new constitution was drafted and ratified in 1868, which provided a formal bill of rights, eradicated the Black Codes, and removed property qualifications for holding office.

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It was supported by President Andrew Johnson, who pardoned former rebels

The Louisiana Constitution of 1864 was supported by President Andrew Johnson, who was known for his lenient stance towards former rebels and ex-Confederates. Johnson issued pardons to thousands of former Confederate officials and soldiers, requiring them to swear a loyalty oath to the United States and free any slaves they owned. This was in line with the attitude of reconciliation advocated by President Lincoln, who had also planned for amnesty for former Confederates during his presidency.

Johnson's proclamation of May 29, 1865, extended amnesty to most former Confederate officials and soldiers, though it excluded those whose personal property exceeded $20,000 (equivalent to $411,000 in 2024). Those excluded from general amnesty could apply to the president for a special pardon, and Johnson spent a significant amount of time granting these requests. The pardons were often controversial, as they did not restore ownership to former slaves or return confiscated property.

The Louisiana Constitution of 1864, supported by Johnson, abolished slavery and granted voting rights to all white males. It also provided for tax money to educate both white and Black children, established a minimum wage, and created a nine-hour workday. However, it did not address the lack of voting rights for Black males, which would later be addressed by the Reconstruction Acts of 1867.

The support of President Johnson for the Louisiana Constitution of 1864 and his pardoning of former rebels were part of his broader approach to reconciliation and amnesty for former Confederates in the aftermath of the Civil War.

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It failed to grant voting rights to freedmen

The Louisiana Constitution of 1864 was rejected by Congress because it failed to grant voting rights to freedmen. This was part of a broader issue of civil rights for Black people in the state, which was a key concern for Republicans in Congress.

The 1864 Constitution was drafted by a convention called by General Nathaniel P. Banks, commander of the occupied areas of Louisiana, on orders from President Lincoln. The convention lasted four months, from April 9 to July 25, 1864. It was Louisiana's chance to rejoin the Union after the Civil War. However, only 19 of Louisiana's 48 parishes, those occupied by Union forces, sent delegates to the convention.

The 1864 Constitution abolished slavery and granted the vote to all white males. It also provided for tax money to educate both white and Black children, established a minimum wage, and created a nine-hour workday. While this was a step forward in terms of racial equality, it still fell short of granting voting rights to freedmen, which was a key demand of Black Louisianans and Republicans in Congress.

The failure to grant voting rights to freedmen in the 1864 Constitution led to continued violence and suppression of Black people's rights in Louisiana. Governor Wells recalled the constitutional convention in the summer of 1866, but a peaceful gathering of conventioneers and supporters was attacked by a mob of white policemen and other white people, resulting in the deaths of 37 onlookers, most of whom were Black. This incident highlighted the ongoing efforts of white Democrats to use violence to suppress Black voting rights and regain power in the state.

It wasn't until the Constitution of 1868 that Louisiana's constitution provided a formal bill of rights and enfranchised freedmen, while also disenfranchising ex-rebels. This constitution was the result of the Reconstruction Acts of 1867, which enfranchised adult Black males and called for new constitutional conventions.

Frequently asked questions

The Louisiana Constitution of 1864 was an attempt by the state to rejoin the Union after the Civil War. It abolished slavery, granted the vote to all white males, provided tax money for the education of both white and Black children, established a minimum wage, and created a nine-hour workday.

The Louisiana Constitution of 1864 was rejected by Congress because it did not include a bill of rights and was seen as a hindrance to the civil rights of freedmen. It also allowed ex-Confederates to dominate the general assembly, which led to increased restrictions on the freedoms of Black people in the state through the Black Codes.

The rejection of the 1864 Constitution led to the recall of the constitutional convention in 1866 by Governor Wells. This resulted in an attack on the conventioneers and their supporters by a group of white policemen and other white people, leaving 37 people dead and many more injured. This prompted Congress to pass the Reconstruction Acts of 1867, which granted voting rights to adult Black males and called for new constitutional conventions.

The 1867 constitutional convention resulted in the creation of a new constitution for Louisiana, which was ratified in 1868. This constitution included a formal bill of rights, eradicated the Black Codes, removed property qualifications for holding office, and continued to disfranchise former Confederates.

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