Maryland Constitution of 1864
Encyclopedia
The Maryland Constitution of 1864 was the third of the four constitution
s which have governed the U.S. state
of Maryland
. A controversial product of the Civil War
and in effect only until 1867, when the state's present constitution
was adopted, the 1864 document was short-lived.
, who had control of the state at the time. The document outlawed slavery, disenfranchised
Southern sympathizers, and reapportioned the General Assembly
based upon the number of white inhabitants. This provision further diminished the power of the small counties where the majority of the state's large former slave population lived. One of the framers' goals was to reduce the influence of Southern sympathizers, who had almost caused the state to secede in 1861.
or who had given it "any aid, comfort, countenace, or support." It also made it difficult for them to regain the full rights of citizenship and required office-holders to take a new oath
of allegiance to support the state and union and to repudiate the rebellion.
Furthermore, the influence of the small counties which had large slave populations, and tended to have supported secession and to have opposed union efforts during the war, was reduced by basing representation solely on white population. The constitution did emancipate the slaves, but this did not mean equality. The franchise was restricted to "white" males. Additionally, the Maryland legislature refused to ratify both the 14th Amendment
, which conferred citizenship rights on former slaves, and the 15th Amendment
, which gave the vote to African Americans.
Maryland's 1864 constitution created for the first time the position of Lieutenant Governor. The office was held by only one person, Christopher C. Cox
, until a 1971 amendment to the 1867 constitution re-created the position.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s which have governed the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. A controversial product of the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
and in effect only until 1867, when the state's present constitution
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
was adopted, the 1864 document was short-lived.
Drafting
The 1864 constitution was largely the product of strong UnionistsUnion (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
, who had control of the state at the time. The document outlawed slavery, disenfranchised
Disfranchisement
Disfranchisement is the revocation of the right of suffrage of a person or group of people, or rendering a person's vote less effective, or ineffective...
Southern sympathizers, and reapportioned the General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
based upon the number of white inhabitants. This provision further diminished the power of the small counties where the majority of the state's large former slave population lived. One of the framers' goals was to reduce the influence of Southern sympathizers, who had almost caused the state to secede in 1861.
Ratification
The convention which drafted the document convened on April 27, 1864 and completed their work by September 6. The constitution was then submitted to the people for ratification on October 13, 1864. It was approved by a vote of 30,174 to 29,799 (50.31% to 49.69%). This was a very controversial result, since the state, though part of the Union, still had many Confederate ties and sympathies. The tally of those voting at their usual polling places was opposed to this Constitution by 29,536 to 27,541. However, the constitution secured ratification after the soldiers' votes were tallied. Soldiers from Maryland serving in the Union Army voted overwhelmingly in favor, 2,633 to 263.Notable features
By design, the constitution disenfranchised those Marylanders who had left the state to fight for or live in the ConfederacyConfederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
or who had given it "any aid, comfort, countenace, or support." It also made it difficult for them to regain the full rights of citizenship and required office-holders to take a new oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
of allegiance to support the state and union and to repudiate the rebellion.
Furthermore, the influence of the small counties which had large slave populations, and tended to have supported secession and to have opposed union efforts during the war, was reduced by basing representation solely on white population. The constitution did emancipate the slaves, but this did not mean equality. The franchise was restricted to "white" males. Additionally, the Maryland legislature refused to ratify both the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, which conferred citizenship rights on former slaves, and the 15th Amendment
Fifteenth Amendment to the United States Constitution
The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude"...
, which gave the vote to African Americans.
Maryland's 1864 constitution created for the first time the position of Lieutenant Governor. The office was held by only one person, Christopher C. Cox
Christopher C. Cox
Christopher C. Cox was a United States politician from Maryland.Born in Baltimore, Cox was a member of the National Union Party, a coalition of Democrats loyal to the Union and Republicans during the Civil War....
, until a 1971 amendment to the 1867 constitution re-created the position.
External links
- http://aomol.net/html/conventions3.html The Archives of Maryland extensive site on Constitution of 1864. Includes Debates, Precedings, list of members, etc.