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Florida Constitutional Convention of 1838 was convened on December 3, 1838 to fulfill the requirement for a
United States territory In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts). The United States asserts sovereign rights for ...
being admitted to the union as a
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
. An act was passed by the
Florida Territorial Council The Legislative Council of the Territory of Florida, often referred to as the Florida Territorial Council or Florida Territorial Legislative Council, was the legislative body governing the American territory of Florida (Florida Territory) before st ...
in 1838, and approved by
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Richard Keith Call Richard Keith Call (October 24, 1792 – September 14, 1862) was an American attorney, politician, and slave owner who served as the 3rd and 5th territorial governor of Florida. Before that, he was elected to the Florida Territorial Council and a ...
, calling for the election of delegates in October 1838 to a convention to be held at
St. Joseph, Florida St. Joseph was a boomtown that briefly became the largest community in Florida, United States, before being abandoned less than eight years after it was founded. St. Joseph was founded in 1835 on the shores of St. Joseph Bay. A brief period of pros ...
. The delegates were to draft a constitution and
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
for the Territory of Florida. The Constitutional Convention convened with Robert R. Reid presiding as president and
Joshua Knowles Joshua () or Yehoshua ( ''Yəhōšuaʿ'', Tiberian Hebrew, Tiberian: ''Yŏhōšuaʿ,'' Literal translation, lit. 'Yahweh is salvation') ''Yēšūaʿ''; syr, ܝܫܘܥ ܒܪ ܢܘܢ ''Yəšūʿ bar Nōn''; el, Ἰησοῦς, ar , يُوشَع ...
secretary. The work of the Convention was carried out by eighteen committees, whose members were familiar with that particular area of government. The process was a relatively simple one, since they used the constitutions of several other Southern states as models. Only on the subject of banking did much debate take place. The Convention adjourned ''
sine die In mathematics, sine and cosine are trigonometric functions of an angle. The sine and cosine of an acute angle are defined in the context of a right triangle: for the specified angle, its sine is the ratio of the length of the side that is oppo ...
'' on January 11, 1839. A handwritten copy of the 1838 Constitution or "Form of Government for the People of Florida," signed by Convention President, Robert Raymond Reid, and Convention Secretary, Joshua Knowles resides at the State Archives of Florida. Considered "a secretary's copy" this document is the only known copy of the 1838 Constitution. The original Constitution, signed by all the delegates, has never been found. The preamble to the Constitution of 1838:


Delegates

This is a list of
delegate Delegate or delegates may refer to: * Delegate, New South Wales, a town in Australia * Delegate (CLI), a computer programming technique * Delegate (American politics), a representative in any of various political organizations * Delegate (United ...
s to the Florida Constitutional Convention held in St. Joseph, Florida, 1838—1839: * Richard C. Allen,
Calhoun County Calhoun County is the name of several counties in the United States of America named after U.S. Vice President John C. Calhoun: * Calhoun County, Alabama * Calhoun County, Arkansas * Calhoun County, Florida * Calhoun County, Georgia * Calhoun Cou ...
*
Walker Anderson Walker Anderson (July 18, 1801 – January 18, 1857) was a Florida lawyer and Democratic politician who served on the Florida Supreme Court from 1851 to 1853. He was born in Petersburg, Virginia, on July 18, 1801. He studied law at Raleigh, No ...
, Escambia County *
Thomas Baltzell Thomas Baltzell (July 11, 1804 – January 1866) was an American lawyer and politician who was the first popularly elected chief justice of the Florida Supreme Court. Baltzell was also a Florida Territory Senator and a Florida State Representativ ...
, Jackson County * C. E. Bartlett, Franklin County * Abraham Bellamy, Jefferson County * Samuel C. Bellamy, Jackson County * Edmund Bird,
Alachua County Alachua County ( ) is a county in the north central portion of the U.S. state of Florida. As of the 2020 census, the population was 278,468. The county seat is Gainesville, the home of the University of Florida since 1906, when the campus ope ...
* Thomas M. Blount, Escambia County *
Wilson Brooks Wilson may refer to: People *Wilson (name) ** List of people with given name Wilson ** List of people with surname Wilson * Wilson (footballer, 1927–1998), Brazilian manager and defender * Wilson (footballer, born 1984), full name Wilson R ...
, Columbia County * Thomas Brown, Leon County * Joseph B. Browne,
Monroe County Monroe County may refer to seventeen counties in the United States, all named for James Monroe: * Monroe County, Alabama *Monroe County, Arkansas * Monroe County, Florida * Monroe County, Georgia *Monroe County, Illinois *Monroe County, Indian ...
* Edward C. Cabell, Jefferson County * John G. Cooper Nassau County * Alexander W. Crichton, Duval County * William P. Duval,
Calhoun County Calhoun County is the name of several counties in the United States of America named after U.S. Vice President John C. Calhoun: * Calhoun County, Alabama * Calhoun County, Arkansas * Calhoun County, Florida * Calhoun County, Georgia * Calhoun Cou ...
*
Richard Fitzpatrick General Richard FitzPatrick (24 January 174825 April 1813), styled The Honourable from birth, was an Anglo-Irish soldier, wit, poet, and Whig politician. He sat in the British House of Commons for 39 years from 1774 to 1813, and was a "sworn b ...
, Dade County * Isaac Garasson, Alachua County * Samuel Y. Garey, Duval County *William Haddock, Nassau County * William B. Hooker, Hamilton County * John M. G. Hunter,
Gadsden County Gadsden County is a county located in the panhandle of the U.S. state of Florida. As of the 2020 census, the population was 43,826. Its county seat is Quincy. Gadsden County is included in the Tallahassee, FL Metropolitan Statistical Area. Ga ...
* Edwin T. Jenckes, St. Johns County *
David Levy Yulee David Levy Yulee (born David Levy; June 12, 1810 – October 10, 1886) was an American politician and attorney. Born on the island of St. Thomas, then under British control, he was of Sephardic Jewish ancestry: His father was a Sephardi from Mo ...
St. Johns, County *Richard H. Long, Jackson County * John W. Malone, Gadsden County *
William Marvin William Marvin (April 14, 1808 – July 9, 1902) was a United States district judge of the United States District Court for the Southern District of Florida and the 7th Governor of Florida. Education and career Marvin was born in Fairfield, Ne ...
,
Monroe County Monroe County may refer to seventeen counties in the United States, all named for James Monroe: * Monroe County, Alabama *Monroe County, Arkansas * Monroe County, Florida * Monroe County, Georgia *Monroe County, Illinois *Monroe County, Indian ...
* Banks Meacham, Gadsden County * Richard J. Mays, Madison County *
Joseph McCants Joseph is a common male given name, derived from the Hebrew Yosef (יוֹסֵף). "Joseph" is used, along with "Josef", mostly in English, French and partially German languages. This spelling is also found as a variant in the languages of the mo ...
, Jefferson County * Daniel G. McLean, Walton County * George E. McClellan, Columbia County * John C. McGehee, Madison County * John L. McKinnon Walton County *
Jackson Morton Jackson Morton (August 10, 1794 – November 20, 1874) was an American politician. A member of the Whig Party, he represented Florida as a U.S. Senator from 1849 to 1855. He also served as a Deputy from Florida to the Provisional Congress of th ...
, Escambia County * Samuel Parkhill, Leon County * John M. Partridge Jefferson County *
Leigh Read Leigh may refer to: Places In England Pronounced : * Leigh, Greater Manchester, Borough of Wigan ** Leigh (UK Parliament constituency) * Leigh-on-Sea, Essex Pronounced : * Leigh, Dorset * Leigh, Gloucestershire * Leigh, Kent * Leigh, Staff ...
, Leon County * Robert R. Reid, St. Johns County * Stephen J. Roche, Washington County * E. Robbins, Washington County * Jose S. Sanchez St. Johns County * Albert G. Semmes, Franklin County * Samuel B. Stephens, Gadsden County * John Taylor, Leon County * Leslie A. Thompson, Leon County *
George Taliaferro Ward George Taliaferro Ward (1810 – May 5, 1862) was a major cotton planter and politician from Leon County, Florida. He served in the Confederate Army as a colonel during the American Civil War, dying near Williamsburg, Virginia. Early life and m ...
, Leon County * Joseph B. Watts, Hamilton County * John F. Webb, Columbia County * James D. Westcott, Leon County * E. K. White, Alachua County *William H. Williams,
Mosquito County Mosquito County (also labeled on maps as Musquito County) is the historic name of an early county that once comprised most of the eastern part of Florida. Its land included all of present-day Volusia, Brevard, Indian River, St. Lucie, Martin, ...
* Alfred L. Woodward, Jackson County * Oliver Woods, Duval County * Benjamin D. Wright, Escambia County *
William Wyatt William Wyatt may refer to: * William Wyatt (cricketer) (1842–1908), English cricketer * William Wyatt (scholar) (1616–1685), English scholar *William Wyatt (settler) (1804–1886), Australian settler * William Wyatt (weightlifter) (1893–1989 ...
, Leon CountyPolitical graveyard
/ref>


See also

*
Constitution of Florida The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitu ...
*
Florida Constitutional Convention of 1885 Florida's Constitution of 1885, its fifth, was drawn up by the Constitutional Convention of 1885. The convention was held from June 9, 1885 until August 3, 1885 in Tallahassee, Florida "for the purpose of reforming the "Carpetbag" Constitution of 1 ...


References

{{Constitutions of the United States 1838 in Florida American constitutional conventions Florida law Government of Florida Legal history of Florida Florida Constitution Delegates Defunct state constitutions of the United States fr:Constitution de la Floride