Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism

After the passage of the enabling act, it was then the responsibility of the people of the Alabama Territory to write a constitution and present it to Congress for approval.¹ The act provided for white manhood suffrage in voting for members of the constitutional convention,² and specified that the election for delegates should be held on the first Monday and Tuesday in May. This permitted a campaign period of about two months.³ Interest immediately became widespread throughout the Territory, and twenty-two candidates entered the field for eight places in Madison County, seven for three places in Limestone County, and four for the two places in Cotaco County.⁴ The campaign aroused especial interest in the Tennessee Valley counties. Although Huntsville was scarcely ten years old, the area abounded in lawyers and lawyer-planters. Many of these were well educated and particularly interested in politics and political theory. The Georgia element among them was strong, although the Tennessee element was predominant.⁵

Several letters to newspapers discussed the coming convention, suggesting the needs in the organic law of the state. James Titus of Huntsville, who had been a member of the legislative council for seven years, and John Leigh Townes, a lawyer of Madison County, wrote to the Huntsville Republican, extolling Jeffersonian principles and eighteenth

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