Reconstruction: A Constitutional History

The last two weeks, I introduced readers to Henry Adams, an advocate for the rights, welfare, and livelihoods of his fellow freed men in Louisiana and nearby states following the Civil War, the U.S. historical time period referred to as “Reconstruction.” In restoring the union of the states in the war’s aftermath, what, exactly, was being “reconstructed”? Federal and State constitutions hold a significant part of that answer.

The 13th, 14th, and 15th amendments (changes and additions) to the United States Constitution are sometimes called the “Reconstruction Amendments.” They were passed to abolish slavery and to establish the rights of former slaves. Here they are, with some modifications:

13th Amendment: 1865

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

14th Amendment: 1868

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction (laws) thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge (limit) the privileges or immunities (rights) of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

15th Amendment: 1870

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

At the state level, the Louisiana State Constitution that was created from a constitutional convention in 1868 better represented an actual “reconstruction” than did the amendments to the existing Federal constitution. Black Louisianans were given the right to vote for delegates to the Constitutional Convention of 1868 and they enthusiastically voted for almost 60 percent black delegates. The delegates to this convention then rewrote Louisiana’s Constitution.

A rare lithograph poster in the History Center collection once was among thousands displayed in homes of black Louisianians following the Civil War. The poster features thumbnail portraits of the black delegates to the Louisiana Constitutional Convention of 1868 surround a portrait of Louisiana’s first black Lieutenant Governor, O.J. Dunn.

The new Constitution gave black men the right to vote. It revoked the voting rights of those who had preached or published articles against the United States or who had voted for or signed an ordinance of secession. It integrated free schools and other public places, although most of these changes stayed on paper and were not practiced.

In the election following the 1868 constitution’s ratification, many of these black delegates to the Constitutional Convention were elected to the legislature. It was the first time blacks held public office in Louisiana. However, these changes did not persist. Reconstruction was over by 1877 due to violence and intimidation tactics by white terrorist groups and segregation resumed. These black leaders of the

Reconstruction period, though, had laid down a framework for political, economic, and educational gains. Reconstruction was Louisiana’s first civil rights campaign and would not be the last.

To see this lithograph in person, like our other material that’s cataloged and stored in our climate-controlled archives room in special acid-free document sleeves and boxes, you may ask staff to bring it out to view in our research area. Come visit us at the Bossier Parish Libraries History Center, located at 2206 Beckett St., Bossier City, LA. We are open M-Th 9-8, Fri 9-6, and Sat 9-5. Our phone number is (318) 746-7717 and our email is history-center@bossierlibrary.org  For other facts, photos, and videos, be sure to follow us @BPLHistoryCenter on FB.

Images: 

• "Extract from the Reconstructed Constitution of the State of Louisiana with Portraits of the Distinguished Members of the Convention and Assembly A.D. 1868
• “The First Vote, Engraving published in Harper's Weekly, 1867,” Courtesy of the Document Bank of Virginia

Article by: Pam Carlisle