Florida Constitution Of 1885
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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 Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, Florida, Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In ...
"for the purpose of reforming the "
Carpetbag A carpet bag is a top-opening travelling bag made of carpet, commonly from an oriental rug. It was a popular form of luggage in the United States and Europe in the 19th century, featuring simple handles and only an upper frame, which served ...
" Constitution of 1868", according to course literature from the
University of Virginia The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...
. It was Florida's fifth constitutional convention and restored the election of many public officials, reduced the salaries of the governor and other state officers, made the governor ineligible for reelection, abolished the office of lieutenant governor, and provided for a legislature of fixed numbers. The agreed-upon constitution added a residency requirement, forbade a second consecutive term for the office of governor, made the cabinet elected instead of appointed, and made many state and local offices elective. It also gave the legislature the option of requiring the payment of a
poll tax A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources. Head taxes were important sources of revenue for many governments fr ...
as a requirement for voting (Article VI, Section 8). This was a compromise between smaller "black belt" counties who wanted more offices elected and those from larger and more prosperous counties. The poll tax
disenfranchise Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...
d African-Americans, and anyone else too poor to pay the tax.
Racial segregation Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
in schools was mandatory (Article XII, Section 12). The constitution also prohibited marriage between "a white person and a person of negro descent" (Article XVI, Section 24). The constitution ratified at the convention passed with a vote of 31,804 to 21,243. It was "the model" of Florida's government until 1968 and "represented the regression to racial discrimination which was occurring throughout the South in the post-
Reconstruction era The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
period.""Rise And Fall of the Slave South," University of Virginia The Constitution was weighted in favor of counties. Each new county was entitled to one to three representatives according to population. Every ten years the lower house was automatically reconstructed on a basis of these members for each of the five largest counties, two members for each of the next eighteen, and one for each remaining county. In 1930, the big counties of the time, containing Florida’s largest cities, Jacksonville, Tampa, and Miami, had a combined population of 451,977, and had nine representatives and three senators. The four smallest counties had a combined of population of only 30,000, but had four representatives and three senators. This overrepresentation of rural, conservative areas led to increasing tension in twentieth-century Florida politics, as central and then south Florida grew. It was a major factor leading to the current Constitution of 1968, which changed apportionment.


Delegates

Delegates included seven African Americans.Florida's Black Public Officials, 1867-1924 by Canter Brown Jr. University of Alabama Press (1998) page 145 * Henry C. Baker -
Nassau Nassau may refer to: Places Bahamas *Nassau, Bahamas, capital city of the Bahamas, on the island of New Providence Canada *Nassau District, renamed Home District, regional division in Upper Canada from 1788 to 1792 *Nassau Street (Winnipeg), ...
* Thomas N. Bell -
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
* William A. Blount - Escambia * Daniel Campbell -
Walton Walton may refer to: People * Walton (given name) * Walton (surname) * Susana, Lady Walton (1926–2010), Argentine writer Places Canada * Walton, Nova Scotia, a community ** Walton River (Nova Scotia) *Walton, Ontario, a hamlet United Kingdo ...
*
Wallace B. Carr Wallace B. Carr (June 22, 1853-1931) was an American state legislator in Florida. He served in the Florida House of Representatives in 1881 and 1887. He represented Leon County. He served in the Committee in Agriculture. He was born in Leon Count ...
-
Leon Leon, Léon (French) or León (Spanish) may refer to: Places Europe * León, Spain, capital city of the Province of León * Province of León, Spain * Kingdom of León, an independent state in the Iberian Peninsula from 910 to 1230 and again fro ...
, an African American * Lewis D. Carson -
Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
* Syd L. Carter -
Levy Levy, Lévy or Levies may refer to: People * Levy (surname), people with the surname Levy or Lévy * Levy Adcock (born 1988), American football player * Levy Barent Cohen (1747–1808), Dutch-born British financier and community worker * Levy Fi ...
* Henry W. Chandler -
Marion Marion may refer to: People *Marion (given name) *Marion (surname) *Marion Silva Fernandes, Brazilian footballer known simply as "Marion" *Marion (singer), Filipino singer-songwriter and pianist Marion Aunor (born 1992) Places Antarctica * Mario ...
, an African American * Thomas E. Clark -
Jackson Jackson may refer to: People and fictional characters * Jackson (name), including a list of people and fictional characters with the surname or given name Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Qu ...
* Thomas L. Clarke -
Jefferson Jefferson may refer to: Names * Jefferson (surname) * Jefferson (given name) People * Thomas Jefferson (1743–1826), third president of the United States * Jefferson (footballer, born 1970), full name Jefferson Tomaz de Souza, Brazilian foo ...
* Simon Barclay Conover, M.D. -
Leon Leon, Léon (French) or León (Spanish) may refer to: Places Europe * León, Spain, capital city of the Province of León * Province of León, Spain * Kingdom of León, an independent state in the Iberian Peninsula from 910 to 1230 and again fro ...
* James Wood Davidson - Dade * Henry H. Duncan -
Sumter Sumter may refer to: People Given name * Sumter S. Arnim (1904–1990), American dentist * Sumter de Leon Lowry Jr. (1893–1985), United States Army general Surname * Rowendy Sumter (born 1988), Curaçaoan footballer * Shavonda E. Sumter ( ...
* George P. Fowler - Putnam * F. B. Genovar - St. Johns *
Thomas Van Renssalaer Gibbs Thomas Van Renssalaer Gibbs (September 16, 1855 – October 31, 1898) was a member of the 1885 Florida Constitutional Convention, served in the Florida House of Representatives, and was a school administrator. He was nominated to West Point by R ...
- Duval, an African American * James D. Goss - Marion * Jonathan C. Greeley -
Duval Duval is a surname, literally translating from French language, French to English language, English as "of the valley". It derives from the Normans, Norman "Devall", which has both English and French ties. Variant spellings include: Davolls, Deav ...
* William F. Green - 4th district * Robert Henderson -
Taylor Taylor, Taylors or Taylor's may refer to: People * Taylor (surname) **List of people with surname Taylor * Taylor (given name), including Tayla and Taylah * Taylor sept, a branch of Scottish clan Cameron * Justice Taylor (disambiguation) Plac ...
* John R. Herndon - 28th district * Henry Clay Hicks -
Franklin Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral d ...
* William A. Hocker -
Sumter Sumter may refer to: People Given name * Sumter S. Arnim (1904–1990), American dentist * Sumter de Leon Lowry Jr. (1893–1985), United States Army general Surname * Rowendy Sumter (born 1988), Curaçaoan footballer * Shavonda E. Sumter ( ...
* Samuel E. Hope - Hillsborough * Joseph H. Humphries -
Polk Polk may refer to: People * James K. Polk, 11th president of the United States * Polk (name), other people with the name Places *Polk (CTA), a train station in Chicago, Illinois * Polk, Illinois, an unincorporated community * Polk, Missouri ...
* John B. Johnson - Alachua * John Newton Krimminger -
Santa Rosa Santa Rosa is the Italian, Portuguese and Spanish name for Saint Rose. Santa Rosa may also refer to: Places Argentina *Santa Rosa, Mendoza, a city * Santa Rosa, Tinogasta, Catamarca * Santa Rosa, Valle Viejo, Catamarca *Santa Rosa, La Pampa * Sa ...
*
John T. Lesley John Thomas Lesley (May 12, 1835 – July 13, 1913) was a cattleman and pioneer in Tampa, Florida. He fought in the Third Seminole War and was a captain in the Confederate Army during the Civil War. Lesley formed his own volunteer company t ...
- Hillsborough * Austin S. Mann - 22nd district *
Augustus Maxwell Augustus Emmet Maxwell (September 21, 1820 – May 5, 1903) was an American lawyer and politician. Maxwell served in a number of political positions in the State of Florida including as one of Florida's Senators to the Confederate States Cong ...
- Escambia * Daniel M. McAlpin, First Assistant Secretary * Alex. L. McCaskill -
Walton Walton may refer to: People * Walton (given name) * Walton (surname) * Susana, Lady Walton (1926–2010), Argentine writer Places Canada * Walton, Nova Scotia, a community ** Walton River (Nova Scotia) *Walton, Ontario, a hamlet United Kingdo ...
* James F. McClellan - Jackson * A. Douglas McKinnon -
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
* Hugh E. Miller - Marion *
William Hall Milton William Hall Milton (March 2, 1864January 4, 1942) was a US Senator from Florida who served as a Democrat. Early life, education, and career Born near Marianna, Jackson County, Florida; attended the public schools of Jackson County, Marianna ...
- Jackson * John W. Mitchell - Leon, an African American * John Neel -
Holmes Holmes may refer to: Name * Holmes (surname) * Holmes (given name) * Baron Holmes, noble title created twice in the Peerage of Ireland * Chris Holmes, Baron Holmes of Richmond (born 1971), British former swimmer and life peer Places In the Uni ...
* B.F. Oliveros - St. Johns * William T. Orman - 5th district * Henry L. Parker - Brevard * John Parsons - Hernando *
Samuel Pasco Samuel Pasco (June 28, 1834March 13, 1917) was an American politician who served as a U.S. Senator from Florida. Biography Pasco was born in London, England, to a family of Cornish ancestry. His family moved to Prince Edward Island in 1841 befo ...
, President - 9th district * John C. Pelot, M.D. -
Manatee Manatees (family Trichechidae, genus ''Trichechus'') are large, fully aquatic, mostly herbivorous marine mammals sometimes known as sea cows. There are three accepted living species of Trichechidae, representing three of the four living species ...
* Samuel Petty -
Nassau Nassau may refer to: Places Bahamas *Nassau, Bahamas, capital city of the Bahamas, on the island of New Providence Canada *Nassau District, renamed Home District, regional division in Upper Canada from 1788 to 1792 *Nassau Street (Winnipeg), ...
, an African American * Theodore Randell -
Madison Madison may refer to: People * Madison (name), a given name and a surname * James Madison (1751–1836), fourth president of the United States Place names * Madison, Wisconsin, the state capital of Wisconsin and the largest city known by this ...
* William H. Reynolds, Secretary * John C. Richard - Bradford * Robert Furman Rogers - Suwannee * Norman T. Scott - Gadsden * James Gamble Speer -
Orange Orange most often refers to: *Orange (fruit), the fruit of the tree species '' Citrus'' × ''sinensis'' ** Orange blossom, its fragrant flower *Orange (colour), from the color of an orange, occurs between red and yellow in the visible spectrum * ...
* James B. Stone -
Calhoun John C. Calhoun (1782–1850) was the 7th vice president of the United States. Calhoun can also refer to: Surname * Calhoun (surname) Inhabited places in the United States *Calhoun, Georgia *Calhoun, Illinois * Calhoun, Kansas * Calhoun, Kentuc ...
* Thomas F. Swearingen - 7th district ( Wakulla-
Liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
) * William F. Thompson -
Leon Leon, Léon (French) or León (Spanish) may refer to: Places Europe * León, Spain, capital city of the Province of León * Province of León, Spain * Kingdom of León, an independent state in the Iberian Peninsula from 910 to 1230 and again fro ...
, an African American * Joseph M. Tolbert - Columbia * John William Tompkins - Columbia * Samuel J. Turnbull - Jefferson * Burton Daniel Wadsworth - Madison * David Shelby Walker, Jr. - 8th district * William T. Weeks -
Bradford Bradford is a city and the administrative centre of the City of Bradford district in West Yorkshire, England. The city is in the Pennines' eastern foothills on the banks of the Bradford Beck. Bradford had a population of 349,561 at the 2011 ...
*
John Westcott John Hugh Westcott FRS, FREng, Hon FIEE (3 November 1920 – 10 October 2014) was a British scientist specialising in control systems and Professor of Computing and Automation at Imperial College London. Career Westcott was educated at Wa ...
- St. Johns * Charles Cooper Wilson - Polk * James E. Yonge, 1st Vice President - Escambia


See also

*
Florida Constitution 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 1838


References


External links


Florida Constitution of 1885


Additional sources

*Charles W. Tebeau, A History of Florida (Coral Gables: University of Miami Press, 1971), 288-290. *Michael Gannon, The New History of Florida (Gainesville: University Press of Florida, 1996), 263-264, 272, 275, 304. *"The Florida Convention," New York Times, June 18, 1885, 1. *"Florida's Constitution," New York Times, August 18, 1885, 11.
Journal of the proceedings of the Constitutional Convention of the state of Florida: which convened at the Capitol, at Tallahassee, on Tuesday, June 9, 1885
{{Constitutions of the United States 1885 in Florida American constitutional conventions Florida law Government of Florida Legal history of Florida Anti-black racism in the United States Defunct state constitutions of the United States History of racism in Florida