For the many courtesies and favors shown by interested citizens of the State, the compilers are under obligation. Without the assistance of Missouri editors, lawyers, judges, and public officials, many facts relating to the delegates could not have been obtained. The valued assistance of Mr. Wm. Clark Breckenridge, Mr. Walter B. Stevens, and Judge Walter B. Douglas, of St. Louis, and of Hon. Perry S. Rader, of Jefferson City, should be especially mentioned; also the courtesy of Hon. John L. Sullivan, of Jefferson City, in lending the original journal for copying. It is appropriate that this work should have been completed in July, 1920. One hundred years ago on July 19, 1820, forty-one delegates framed and adopted Missouri's first constitution. The State Historical Society of Missouri is glad of the opportunity to issue this publication as a contribution to the observance of the centennial of this State. THE EDITORS. Biographical Sketches of the Delegates, Journal of the Constitutional Conven- (5) CONSTITUTIONS AND CONSTITUTIONAL CONVENTIONS IN MISSOURI BY ISIDOR LOEB. Missouri has had five Constitutional Conventions but only three Constitutions have existed in the history of the State. The first of these was adopted by the Convention of 1820 and continued to operate until 1865. In 1845 a Constitutional Convention submitted a Constitution which was rejected by the voters. In 1861 a Convention was called for the primary purpose of determining the attitude of Missouri regarding the Union. After deciding by a practically unanimous vote against secession, the Convention adjourned instead of disbanding. It held four other sessions during 1861 and the two succeeding years and practically carried on a provisional government. While it adopted a number of constitutional amendments, the Convention did not undertake to make any general revision of the fundamental law of the State. In 1864 the voters approved the plan of calling a Constitutional Convention, which met in 1865 and drafted a Constitution which was adopted by the voters. This Constitution remained in effect until it was superseded by the present Constitution which was adopted in 1875. While this article is primarily concerned with the Constitutional Convention of 1875 and the conditions which influenced its action, it will be desirable to consider briefly the preceding, Constitutional Conventions which drafted Constitutions and to point out some of the more important features of these instruments. Many provisions of the existing Constitution had their origin in the earlier documents. CONSTITUTIONAL CONVENTION OF 1820. Missouri's admission into the Union was delayed by the contest over the question of slavery extension, but finally an Act of Congress approved March 6, 1820, authorized a Convention for the purpose of forming a Constitution and State government. This Convention, which consisted of fortyone delegates chosen from the fifteen counties in accordance with the apportionment prescribed in the congressional act, met in St. Louis on June 12, 1820, and completed its work in a little more than five weeks, adjourning on July 19th. The Constitution was adopted by a vote of forty to one. The Act of Congress did not require the submission of the Constitution to the voters and the Convention assumed that its adoption of the Constitution marked the establishment of the new State.1 It made provision for an election for State officers to be held on August 28, 1820, and for the inauguration of the new government on September 18, 1820.2 While the machinery of State government was put into operation as provided by the Constitution, the State's Senators and Representative in Congress were not permitted to take their seats because of objection to a clause of the twenty-sixth section of the third article which required the Legislature to pass laws to prevent free negroes from coming into the State. After a contest extending over a period of three months, the controversy was settled by the Second Missouri Compromise on March 2, 1821. This resolution of Congress required the passage of a "solemn public act" by the Missouri Legislature agreeing that the clause in dispute should never be made the basis of any law by which any citizen of any state shall be excluded from any privileges to which he is entitled under the Constitution of the United States. The General Assembly of Missouri passed this act which was approved by the Governor on June 26, 1821. A copy of the act was sent to President Monroe and thereupon in pursuance of the congressional resolution the latter on August 10, 1821, issued his proclamation setting forth the facts and stating that "the admission of the said State of Missouri into this Union is declared to be complete." Constitution, 1820, Schedule, Sec. 1. |