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The Maryland Constitution of 1864 was the third of the four constitutions 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.
The 1864 constitution was largely the product of strong Unionists, 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.
The language in the constitution that outlawed slavery in the state was contained in a "Declaration of Rights", and it said, "That hereafter, in this State, there shall be neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted; and all persons held to service or labor as slaves, are hereby declared free."
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. [1]
This was a very controversial result, since the state, though part of the Union, still had many Confederate ties and sympathies. [1]
A majority of the voters who voted at their usual polling places opposed the Constitution, by a vote of 29,536 to 27,541. [lower-alpha 1] Soldiers from Maryland serving in the Union Army voted in favor of the Constitution, by a vote of 2,633 to 263. The total vote was in favor of the Constitution, by a vote of 30,174 to 28,380 (52% to 48%). [1]
On October 29, 1864, Governor Augustus Bradford issued a proclamation that the Constitution had been adopted. The Constitution went into effect on November 1, 1864. [1]
Marylanders who had left the state to fight for or live in the Confederacy or who had given it "any aid, comfort, countenace, or support" were prohibited from voting or holding public office in the state. [2] It also made it difficult for them to regain the full rights of citizenship, and it required office-holders to take a new oath of allegiance to support the state and union and to repudiate the rebellion. [2]
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. [3] 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. [4] The Lieutenant Governor was to preside over the Senate, could cast a vote in the Senate in the case of a tie, and would succeed the Governor in case of death, resignation, leaving the state, or disqualification. [1] The office was held by only one person, Christopher C. Cox, until a 1971 amendment to the 1867 constitution re-created the position.
The constitution also gave the Maryland General Assembly the authority to enlarge the state of Maryland by accepting territory contiguous to Maryland from Virginia, West Virginia, or the federal government, if both Congress and the territory's residents agreed. [5] This came about because many Marylanders believed that the residents of either part or all of West Virginia could be tempted to join with Maryland. There were also some Marylanders who wanted to ask the residents of Loudoun County and the Eastern Shore of Virginia to join Maryland. Despite these portions being added to the Maryland Constitution, none of these areas ended up having a vote on joining the state of Maryland. [1]
The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War. The Proclamation had the effect of changing the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. As soon as slaves escaped the control of their enslavers, either by fleeing to Union lines or through the advance of federal troops, they were permanently free. In addition, the Proclamation allowed for former slaves to "be received into the armed service of the United States". The Emancipation Proclamation played a significant part in the end of slavery in the United States.
The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
In the American Civil War (1861–65), the border states were four, later five, slave states that primarily supported the Union. They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia. To their north they bordered free states of the Union, and all but Delaware bordered slave states of the Confederacy to their south.
The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments.
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution, as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850, provided that a slave did not become free by entering a free state and must be returned to his or her owner.
The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.
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 governed. It was last amended in 2022.
The Maryland Constitution of 1776 was the first of four constitutions under which the U.S. state of Maryland has been governed. It was that state's basic law from its adoption in 1776 until the Maryland Constitution of 1851 took effect on July 4 of that year.
Abraham Lincoln's position on slavery in the United States is one of the most discussed aspects of his life. Lincoln frequently expressed his moral opposition to slavery in public and private. "I am naturally anti-slavery. If slavery is not wrong, nothing is wrong," he stated. "I can not remember when I did not so think, and feel." However, the question of what to do about it and how to end it, given that it was so firmly embedded in the nation's constitutional framework and in the economy of much of the country, was complex and politically challenging. In addition, there was the unanswered question, which Lincoln had to deal with, of what would become of the four million slaves if liberated: how they would earn a living in a society that had almost always rejected them or looked down on their very presence.
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government, though it may be superseded by the United States Constitution and U.S. federal law as per the Supremacy Clause.
The recorded history of Maryland dates back to the beginning of European exploration, starting with the Venetian John Cabot, who explored the coast of North America for the Kingdom of England in 1498. After European settlements had been made to the south and north, the colonial Province of Maryland was granted by King Charles I to Sir George Calvert (1579–1632), his former Secretary of State in 1632, for settlement beginning in March 1634. It was notable for having been established with religious freedom for Roman Catholics, since Calvert had publicly converted to that faith. Like other colonies and settlements of the Chesapeake Bay region, its economy was soon based on tobacco as a commodity crop, highly prized among the English, cultivated primarily by African slave labor, although many young people came from Britain sent as indentured servants or criminal prisoners in the early years.
Lyman Trumbull was an American lawyer, judge, and politician who represented the state of Illinois in the United States Senate from 1855 to 1873. Trumbull was a leading abolitionist attorney and key political ally to Abraham Lincoln and authored several landmark pieces of reform as chair of the Judiciary Committee during the American Civil War and Reconstruction era, including the Confiscation Acts, which created the legal basis for the Emancipation Proclamation; the Thirteenth Amendment to the United States Constitution, which abolished chattel slavery; and the Civil Rights Act of 1866, which led to the Fourteenth Amendment to the United States Constitution.
Augustus Williamson Bradford, a Democrat, was the 32nd Governor of Maryland in the United States from 1862 to 1866. He served as governor during the Civil War and paid a heavy price for his devotion to the Union.
The Virginia Conventions have been the assemblies of delegates elected for the purpose of establishing constitutions of fundamental law for the Commonwealth of Virginia superior to General Assembly legislation. Their constitutions and subsequent amendments span four centuries across the territory of modern-day Virginia, West Virginia and Kentucky.
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The later versions were adopted in 1799, 1850, and 1891.
During the American Civil War (1861–1865), Maryland, a slave state, was one of the border states, straddling the South and North. Despite some popular support for the cause of the Confederate States of America, Maryland did not secede during the Civil War. Governor Thomas H. Hicks, despite his early sympathies for the South, helped prevent the state from seceding.
The Missouri Constitutional Convention of 1861–1863 was a constitutional convention held in the state of Missouri during the American Civil War. The convention was elected in early 1861, and voted against secession. When open fighting broke out between Pro-Confederate governor Claiborne Fox Jackson and Union authorities, and Union forces occupied the state capital, the convention formed a provisional state government, and functioned as a quasi-legislature for several years. The convention never did produce a new constitution; that task was delegated to a new convention, elected in 1864.
The Constitution of the State of Nevada is the organic law of the state of Nevada, and the basis for Nevada's statehood as one of the United States.
Slavery in Maryland lasted over 200 years, from its beginnings in 1642 when the first Africans were brought as slaves to St. Mary's City, to its end after the Civil War. While Maryland developed similarly to neighboring Virginia, slavery declined in Maryland as an institution earlier, and it had the largest free black population by 1860 of any state. The early settlements and population centers of the province tended to cluster around the rivers and other waterways that empty into the Chesapeake Bay. Maryland planters cultivated tobacco as the chief commodity crop, as the market for cash crops was strong in Europe. Tobacco was labor-intensive in both cultivation and processing, and planters struggled to manage workers as tobacco prices declined in the late 17th century, even as farms became larger and more efficient. At first, indentured servants from England supplied much of the necessary labor but, as England's economy improved, fewer came to the colonies. Maryland colonists turned to importing indentured and enslaved Africans to satisfy the labor demand.
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