Attendance Records of the state Constitutional Convention, 1867–1868

After the Civil War, Virginia and other Confederate states were required by Congress to write new state constitutions in order for their representatives to be seated in Congress. Virginia's convention met from December 3, 1867 to April 17, 1868, and included 24 Black men among the 105 elected delegates. They were the first Black men elected to public office in Virginia. The African American delegates participated in the discussions and debates and voted to approve the new state constitution. They played an important role in changing the policies and practices of state governance. This document includes entries for three of the Black delegates—Thomas Bayne, John Brown, and David Canada—in the convention's attendance book. The book documents the days that each member attended the convention and how much pay they received for their service. 

The "Underwood Constitution," as it was sometimes known because the convention's president was federal judge John C. Underwood, institutionalized the right of Black men to vote.  Delegates debated whether to amend the preamble to the constitution by replacing the word “men” with the words “mankind, irrespective of race or color.” Along with many white delegates, some Black delegates opposed the suggestion because they preferred to keep any references to color or race out of the constitution. A new section was added, however, stating that "all citizens of the State are herby declared to possess equal civil and political rights and public privileges."

The new constitution created a more democratic form of county government. It also included for the first time a provision to allow the state constitution to be amended. One of its most important reforms was requiring the creation of a statewide system of free public schools, a major priority for those Virginians who had been enslaved and denied an education.

The voters in Virginia ratified their new constitution in 1869 by a vote of 210,585 in favor and only 9,136 opposed. After the General Assembly also ratified the Fourteenth and Fifteenth Amendments later in 1869, Congress passed a bill (signed by President Ulysses S. Grant on January 26, 1870), allowing Virginia’s Senators and elected representatives to take their seats in Congress. The act ended Congressional Reconstruction in Virginia.  
 

Citation: Virginia Constitutional Convention (1867-1868), Attendance book, 1867-1868. Accession 40656. State Government Records Collection, Library of Virginia, Richmond, Va. 23219.

Related Document Bank entry: The First Vote, Engraving Published in Harper's Weekly, 1867

Learn more about Thomas Bayne in his Dictionary of Virginia Biography entry at Encyclopedia Virginia. 

Learn more about John Brown in his Dictionary of Virginia Biography entry at Encyclopedia Virginia. 

Learn more about David Canada in his Dictionary of Virginia Biography entry at Encyclopedia Virginia.

VS.9, VUS.7, USII.4,CE.2, CE.7, GOVT.6

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Scan it: Scan the documents. What do you notice about them? What do you think they were used for?

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Be a Journalist: Thomas Bayne, John Brown, and David Canada were three of the Black delegates who were elected to and participated in the 1867-1868 Constitutional Convention. You are a journalist preparing to interview one of these men, what are the three most important questions you would ask? Why are they important?

Food for Thought: This was the first time Black delegates helped write Virginia's state constitution. What impact might that have had on changes from previous constitutions?