The North Carolina Constitutional Convention of 1835 was a meeting of delegates elected by eligible voters in counties in the United States state of North Carolina to amend the Constitution of North Carolina written in 1776 by the Fifth North Carolina Provincial Congress. They met in Raleigh, North Carolina from June 4, 1835, to July 11, 1835, and approved several amendments to the constitution that were voted on and approved by the voters of North Carolina on November 9, 1835. These amendments improved the representation of the more populous counties in the Piedmont and western regions of the state and, for the first time, provided for the election of the governor by popular vote rather than election by the members of the General Assembly.
Demand for a new constitution
Map of North Carolina published in 1833
The population distribution had changed since the time of the original constitution was written in 1776. The number of counties had increased from 38 at the time of the first general assembly in 1777 to 68 in 1835. Many new counties had been created in the central Piedmont[note 1] and Western regions of the state. The population of the 23 counties in the Piedmont region (344,184) and eight counties in the Western region (80,592) combined exceeded that of the 34 counties in the Eastern region (313,211) in 1830. This created a greater demand for roads, schools, and infrastructure in the faster growing counties, especially the Piedmont region. The 1776 constitution had spelled out one senator for each county, at least two delegates to the house of commons for each county, and one senator from each of eight large towns, also called districts or boroughs. The governor was also chosen by the general assembly vice the voters in each county.[1][2][3]
The 1776 Constitution was worded with restrictions on who could and who could not vote, as follows:[3]
"That all freemen of the age of twenty-one Years, who have been inhabitants of any one county within this State twelve months immediately preceding the day of any election, and shall have paid public taxes shall be entitled to vote for members of the House of Commons for the county in which he resides."
"That no clergyman, or preacher of the gospels of any denomination shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of the pastoral function."
"That no person, who shall deny the being of God or the truth of the Protestant religion, or the divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State."
Freemen included former slaves, so they were allowed to vote in North Carolina from 1777 to 1835.
Amendments to the constitution
Out of the convention came many amendments. Among those changes was fixing the membership of the Senate and House at their present levels, 50 senators and 120 representatives. Each county received at least one representative in the House and the remainder of the 120 representatives were assigned based on population of the counties. Senators were elected from districts that were laid out based on the amount of taxes paid to the state for each county. Also, the office of Governor became popularly elected. These changes gave the more populous western counties more of a say in government but still favored those who owned property, since this was required to vote and hold office. The vote was taken away from freed slaves in this convention, which followed a national trend. The most ardent supporters of disenfranchisement were located in the Eastern regions, where the black population was higher and slavery had been more established. The convention approved the changes on July 11, 1835. The convention's proposed changes were adopted by vote of the people on November 9, 1835 with 26,771 in favor and 21,606 against. These changes remained in effect until 1868 when the Constitution was next changed.[4][5][6][7][8][9]
The convention also provided amendments that eliminated private acts that granted divorces, changed names, and legitimizing persons; provided procedures to impeach of state officers; procedures to remove judges for disability; established biannual legislative sessions; and provides provisions for amending the constitution.[5]
Officers
President Nathaniel MaconChairman pro tempore David Lowry Swain
The following officers were chosen by the delegates to the convention:[10]
In 1835, the counties of North Carolina were characterized as either eastern or western counties. The more sparsely populated counties were in the west. The voters from the counties elected two delegates for each county in elections held in April 1835. In 1835, there were 38 Eastern counties and 27 Western counties (Western and Piedmont Regions, see table). The following delegates were elected by the eligible voters of North Carolina:[5][11]
^The Piedmont region as is commonly referred today was probably included in what is now called the Western region and just referred to as the Western region.
^Samuel Price Carson was a U.S. Congressman from North Carolina (1825–1833).
^Daniel Moreau Barringer was a U.S. Congressman from North Carolina (1843–1849).
^Samuel Tredwell Sawyer was U.S. Congressman from North Carolina (1837–1839).
^William J. Gaston was U.S. Congressman from North Carolina (1813–1817).
^Richard Dobbs Spaight, Democratic party, was the Governor of North Carolina (1835–1836)
^Louis Dicken Wilson was a Brigadier-General of the 5th North Carolina Brigade and participated in the Mexican-American war.
^Robert B. Gilliam was elected to be a U.S. Congressman from North Carolina in 1870 but died before he could take his office.
^Josiah Crudup was a U.S. Congressman from North Carolina (1821–1823).
^John Motley Morehead was the Governor of North Carolina (1841–1845).
^John Branch, Democratic party, was the Governor of North Carolina (1817–1820).
^Kenneth Rayner was a U.S. Congressman from North Carolina (1839–1845).
^Asa Biggs was a U.S. Congressman (1845–1847) and a U.S. Senator (1855–1858) from North Carolina.
^James Strudwick Smith was a U.S. Congressman from North Carolina (1817–1821).
^William Montgomery was a U.S. Congressman from North Carolina (1835–1841).
^Alfred Dockery was a U.S. Congressman from North Carolina (1845–1847, 1851–1853).
^Charles Fisher was a U.S. Congressman from North Carolina (1819–1821, 1839–1841).
^Franklin Meshack was a U.S. Congressman from North Carolina (1807–1815).
^Nathaniel Macon was a member of the United States House of Representatives from 1791 to 1815 and a member of the United States Senate from 1815 to 1828.
^Weldon Nathaniel Edwards was a U.S. Congressman from North Carolina (1813–1827).
^Yancey County was created in 1833 from sections of Burke and Buncombe Counties, so it was not included in the 1830 Census. Census figures for the 1840 Census are shown instead, even though the population in 1830 was part of these other two counties.
References
^1830 U.S. Federal Census as listed in articles on each county.
Notes: Prior to the Constitution of 1868: the lower house of the North Carolina Legislature was known as the House of Commons and the leader of the Senate was called the Speaker of the Senate.
