identical with the adoption or rejection of that measure. Fur-
ther, an analysis of the voting based on whether the votes cast
were Barton or anti-Barton votes, gives the same results and
divides the delegates into the same four classes as are obtained
when the votes are analyzed from the standpoint of their being
successful or unsuccessful votes on constitutional measures.
Associated with Barton in framing the constitution in the
committees were seven of his friends, John Rice Jones, John
D. Cook, Edward Bates, James Evans, John Scott, Jonathan
Smith Findlay, and, to some extent, Jonathan Ramsay. ^^
The first five of these were lawyers; Findlay was a schoolmaster-
politician; and Ramsay, a successful farmer, a shrewd business
man and a politician combined: all were aspirants for political
honors. These men were not only active on the floor of the
convention but, excepting Scott, they filled all the places on
the two principal constitutional committees, and two of them
held the chairmanship of the two most important minor com-
mittees.^^
Of the forty-one delegates Jones was easily the most learned,
the most highly educated, the most accomplished, and perhaps
the most successful financially. One of the oldest men in the
convention, Jones possessed the best trained and the deepest
mind in that body. It is, therefore, not surprising that Barton
appointed him chairman of the select committee, the first
and only committee to draft a complete constitution for Mis-
souri in 1820 that was printed and discussed by the conven-
'• Although these men did not vote together on all measures, they had many
views in common and were friends. Ramsay was. perhaps, loss under the sway
of Barton than any of the seven. Jones was more of a colleague than a lieutenant
of Barton.
••The first four committees appointed to draft a constitution were of no
importance. Their reports were never read by the convention or printjnl. The
select committee was given practically unlimited power in eiianging tliese reports.
We also do not regard the land committee on tlie permanent seat of government.
compo.sed of ('ook of .Ste. (ienevieve. Pratto and Dawson, of any importance in
regard to the authorship of the constitution, since this report was tabled and never
later considered. The committee on enrollment was purely a ch>rieal body tliat
was created simply to see that the constitution was correctly engrossed and en-
rolled as it had been passed. The membership of tliis eoniinittee was tl»e same
as that of the committee on style except that Findlay wa.s cliainnan of the former
and Bates of the latter.
Authorship of the Missouri Constitution. 205
tion.2o The constitution reported by this committee was the
ground plan that guided the delegates in framing and adopting
Missouri's first constitution. Jones was also appointed chair-
man of the committee on schedule and banking, whose report
was largely adopted by the convention so far as it related to
purely schedule provisions and to the permanent seat of govern-
ment.2^
The co-workers of Jones on the select committee were
Evans, John D. Cook and Ramsay. The appointment of Evans
to this committee was, we believe, largely a result of Barton's
friendship for him. Both were boon companions, both enjoyed
the cup, both were able lawyers and were about the same age,
and both were at this time very popular in Missouri. It is
a sad commentary on the lives of Barton and Evans that both
later became mental and financial wrecks. The logical delegate
for Evan's place on the select committee was General William
V. Rector, the chairman of the original committee on the
executive department. Barton and his friends probably did
not trust Rector or could not rely on his support. The fatal
rupture between these men may have had its inception about
this time. Just three years and one week after the appoint-
ment of the select committee, Joshua Barton, elder brother of
David, was killed by T. C. Rector, brother of William V., in a
duel, which was caused by the former charging General Rector
of corruption in office: and one year and one day later through
the efforts of Senator Barton, General William V. Rector was
dishonorably dismissed from office by the head of the United
States General Land Office, acting on order of the President of
the United States.^^
The appointment of John D. Cook was also a pleasant and
politic act of Barton's. The logical appointee for Cook's place
was Judge Richard S. Thomas, chairman of the original com-
»o Jones had previously been appointed chairman of the legislative committee,
one of the four committees whose reports were handed over to the select com-
mittee.
2' The other members of the schedvile committee were Houts and McFerron.
Judging from the barren results that McFerron obtained on the floor of the con-
vention, it is not probable that he was able to thwart Jones on this committee.
Little is known of Houts except that he was a merchant at this time.
"â– "'Edwards Great West, p. 332; Afo. Intell., July 31, 1824.
206 Missouri Struggle for Statehood.
mittee on the judiciary. Thomas' insurgent activity in trying
to get the reports of the four original committees read before
the convention was undoubtedly displeasing to the self-appointed
leaders of that body. On the other hand, John D. Cook was
loyal, was endowed with great ability, and with the aid of his
elder brother, Nathaniel, who was also a delegate, wielded a
remarkable influence.^^ Although a young man, being barely
thirty years old, John D. Cook was the only delegate that was
a member of both the select committee and the committee on
style. He was also preeminent among the delegates in holding
the largest number of constitution committee places, being a
member of four committees and chairman of another,^* and in
being one of the two delegates later appointed to the Supreme
Court of Missouri.25 John Cook and Scott shared the distinc-
tion of being the only delegates who ranked foremost in the
convention in being introducers of adopted measures on which
no votes were recorded, in being introducers of adopted measures
on which votes were recorded, and in being leaders in casting
successful votes.
While Evans and John Cook worked in harmony with
Barton, as is easily seen in a survey of the votes recorded in the
Journal on the most important measures of the constitution,
Ramsay seems to have maintained an independent attitude
toward the lawyer junto. In fact, it is difficult to ascertain
why General Jonathan Ramsay was appointed on the select
committee instead of General Duff Green.-^ This may have
»• Both Evans and the Cooks were consistent supporters of Barton.
•« Member of original judiciary committee, select commiitoe. committee on
style, committee on enrollment: chairman of public land committco on perman .»nt
seat of government.
" Cook was appointed one of the first three judges of the Supreme Court of
Missouri in 1820 by (Jovernor McNair and again in 1822, after a constitutional
amendment had passed that vacated tin; Supreme and Circuit Court Judgeships.
He resigned in 182:^ and in 182r) was appointed to the soutiu'ru circuit of Mi.ssouri
after its former incumbent, Richard S. Thomas, had bt>cn inipt>ached. It is
interesting to note that Thomas' chief advocate in his impeacinnent trial was
John D. Cook. (Mo. Gazette, Doc. 6, 1820; Mo. JntelL, Dec. 31, 1822. Feb. 1.
1825; Houck, op. cit.. III. 10.)
" The original committee on the bill of rights, etc., was composed of Ramsay.
JIammond and (Jrecm. One of these was to be appointed on the select committee:
Barton cho.se Kamsay. llaintnond was an impossihh' appointee owing to the
selection of .loners. Evans and Cook, who all canui from count i(>s lying soutli of
the Mis.souri River. It would have been obviously impolitic to have ai)pointed
Authorship of the Missouri Constitution. 207
been done by Barton for fear that Ramsay, who really deserved
the place, would otherwise feel insulted and wield his great
influence in opposing important measures of the leaders.^^
If this was the purpose of Barton and his friends, of placating
Ramsay, it was only partly successful.^^ Ramsay's activity in
the convention was directed towards realizing the wishes of his
pioneer constituents, regardless of the approbation or criticism
of the St. Louis and south-east Missouri delegates. Ramsay
tried, however, to have struck out the thirty year minimum
age qualification for judges. This was entirely for the advan-
tage of Bates who was only twenty-six years of age at that time
and who was a very probable candidate for appointment to the
Supreme Court bench, if Governor Clark were elected. ^^ Green
was also under thirty years of age but was more inclined towards
business than law. However, the machinery and the mind of
the convention when opposed to Ramsay, was successful, and
his influence was relatively small in the framing of the consti-
tution.
In striking contrast to Ramsay was the youthful Edward
Bates. The latter had not yet attained the age of twenty-
seven years, and under the constitution that he w^as so instru-
the fourth member of this committee from that section. It wets essential to have
on the select committee at least one representative of the northern pioneer coun-
ties. Ramsay was perhaps a stronger man for the place than Green. Ramsay
was at this time forty-five years old, possessed a commanding personality, and
had great business ability. His military and civil record in Kentucky was dis-
tinguished, and, despite his lack of education, he was a leader not to be ignored
or antagonized. Besides, Ramsay was the type of man who could cast more
votes on the floor than in the committee. Green, on the other hand, was only
twenty-nine years old, and although a man of good education and a member of
the bar, had the faculty of making enemies faster than friends. Even in his own
county, Howard, Green by his fearlessness and his many enterprises had aroused
much opposition. Green was also not pleasing to the St. Louis politicians in
his stand for very conservative guards being imposed on stockholders of the state
bank. He was, however, the superior of Ramsay in versatility and intellect, and
later played an important part in the nation's history.
*' Ramsay was so outvoted on this committee that he was helpless in thwart-
ing the will of Barton and others, and his appointment was no risk in this respect.
»« Ramsay opposed the following important measures that were advocated
by the lawyer leaders: S2,000.00 salary for the governor («/., p. 20); a court of
Chancery, composed on one Chancellor {J., pp. 23, 40, 41); high salary for judges
(«/., p. 24); state bank (J., pp. 29, 30); and favored individual responsibility of
stockholders of state bank (J., p. 30) and viva voce voting (J., p. 38), both of which
were opposed by Barton and some of his friends.
*> Journal, p. 41.
208 Missouri Struggle for Statehood.
mental in framing he was in 1820 disqualified by his youth from
being governor, lieutenant-governor, state senator, judge of a
circuit court, supreme court judge, or chancellor. Despite his
age Bates was appointed as chairman of the committee on style,
which in importance ranked next to, if it did not equal, the
select committee. By order of the convention every article
and section of the constitution after passing through the com-
mittee of the whole was entrusted to this committee for proper
revision. Its impress was, therefore, left on every part of that
instrument. In appointing Bates at the head of the committee
on style Barton not only filled an important place with a devoted
friend and admirer but also with a remarkably gifted politician
and lawyer. A man of high ideals, strong character, well-
poised independence, fearless courage, and of almost unlimited
intellectual capacity, Bates was a fitting choice to do the last
constructive work on Missouri's first constitution and to perfect
and polish that document for future generations.^*^
The other members of the committee on style, John D.
Cook and Jonathan Smith Findlay, were also exceptionally
able men. The latter, who alone of these three has not been
considered, was a man of fine education, rare intellectual at-
tainments, and high moral principles. Engaged at this time in
school teaching, Findlay appears to have wielded considerable
influence in the Boone's Lick county, and was greatly respected
for his ability as a writer and for his courage as a man.^^ His
last public office was that of register of the land office at Lex-
ington, Missouri, which he held until two years before his death.
Three of his brothers were Congressmen from Pennsylvania
and Ohio, and one held the two highest offices in the gift of the
former state, being elected Governor and later United States
Senator."'^ Findlay enjoyed the full confidence of Barton and
was appointed on two other committees, being chairman of both
the committee on enrollment and the very important committee
on a state bank and branches. The reports of both these com-
*o Besides beiiif? aj)i)()int('(l on the coinniit tee on style. Hates was also a niembor
of the original committee on the judiciary and of tlu^ committee on enrollment.
«' Mo. Intrll., .luly Hi. 1819; Mar. 19. 1821; Nov. 10. 1832.
•« Ibid.. Nov. 10. 18.32.
Authorship of the Missouri Constitution. 209
mittees were adopted by the convention without further un-
necessary change, a compliment to their makers. The mem-
bers of the latter committee besides Findlay were Benjamin
H. Reeves of Howard and Colonel Thomas F. Riddick of St.
Louis. Reeves was one of the leading men in north Missouri,
was repeatedly elected state senator, and became Missouri's
second lieutenant-governor.^^ Riddick was the greatest of the
founders of the St. Louis public school system. His official
career in Missouri began in 1804 and continued till his death
in 1830. He was probably the author of the article in the
constitution on the state bank, as his experience in that line
was more extended than that of either Findlay or Reeves.^"*
Although a member of no committee, the Honorable John
Scott, a delegate from Ste. Genevieve, was very instrumental
in the drafting of one entire article and several important
sections of the constitution. To Scott belongs the great honor
of being the author of Missouri's excellent constitutional pro-
visions relating to education.^^ It was indeed appropriate
that a university graduate should have been permitted by for-
tune to be the one who not only obtained the large grants of
public land that made possible the establishment of a great
public school system of education in Missouri with a state
university at its head but who also drafted and had adopted the
fundamental provisions in that commonwealth's first constitu-
tion that safeguarded the treasures and encouraged their eco-
nomic conservation, on which Missouri's present free public
school system and state university were founded. ^^ And, if we
may be pardoned for a digression, equally appropriate was it
that another university graduate, James S. Rollins, was later
given the honor of fathering the bill that created the university
that had been so carefully provided for by Missouri's last terri-
torial Delegate and her first United States Representative in
^''Official Manual Mo., 1913-14, pp. 103, 150flf; Mo. IntelL, Oct. 3, 1835.
"Billon, op. cit., pp. 188f; Edwards Great West, pp. 309ff; Mo. Gazette, April
20, 1820, May 3, 1820, May 12, 1821; Darby, op. cit., pp. 14, 18; Houck, op cit.,
II. pp. 383, 418, III. pp. 49, 71, 103. Riddick had been the largest stockholder
and was the second president of the old Missouri Bank of St. Louis.
» J., p. 38.
" Scott graduated from Princeton University in 1802.
M S— 14
210 Missouri Struggle for Statehood.
Congress. Scott was also the author of an important provision
in the constitution that imposed a Hmitation on gerrymandering
in the estabUshing of senatorial districts.^^ He also secured
the adoption of a clause that disqualified United States soldiers
and sailors in regular service from voting in this state,^^ and
was the author of that section of the constitution that pro-
vided for the compensation of the members of the legislature.^^
Together with John D. Cook, Scott secured the adoption of
that section of the constitution that provided for the temporary
seat of government.'*^ On this last measure, the voting was
sectional: all the St. Louis and the northern county delegates
except three were opposed by all the southern representatives
except one. Even Barton's and Bates' friends, as John Cook,
Evans, Scott, Jones, and many others aligned themselves on
this proposition against St. Louis and her politicians, and
succeeded in leaving the question of the temporary seat of
government an open one in the hands of the legislature instead
of deciding in favor of St. Louis, which had been previously
selected by the convention. On other questions, Scott voted
with the lawyers as a rule. Considering the few days that
Scott's name appears among the ayes and nays, he was re-
markably active and successful in the convention.''^
As a politician and a lawyer, John Scott was able, con-
scientious, and popular. Although not a brilliant speaker like
Barton or even Bates, he was a formidable opponent in debate.
His superior education, scholarly habits, his perfect mastery
of law and history, his attention to details, and his moral
scruples, frequently enabled him to overcome more gifted
orators and advocates. His friendship for Barton and Benton
was a close one, and Benton's rupture with him over the Adams-
Jackson contest inflicted a cruel wound to both.
The framing of Missouri's constitution of 1820 was not the
work of one man. The principal authors were Barton, Bates,
"J., p. 34.
»• Ibid.
** Ibid., p. 30.
*oJ.. pp. 45f.
«' Scott's name docs not appear In the aye and nay voting until July 11th,
on which day the convention began the consideration of tlic report of the com-
mitteo on style. (J., pp. 33 (T.)
Authorship of the Missouri Constitution. 211
John Cook, Jones, Findlay and Scott. These six delegates
held first place as introducers of measures, as voters in the con-
vention, and as members of the three most important com-
mittees — the select committee, the committee on style, and the
committee on a state bank. Barton was the leader both of the
legally organized convention and of the political machine of
that body. He wielded, therefore, the most important influence
of all the delegates on the constitution. Bates, John Cook,
Jones and Findlay, were the great organizers and committeemen
of the convention. Scott was the one conspicuous delegate
who, not holding a committee place, was able to accomplish
things on the floor of the convention. Of these six delegates,
five were lawyers, and one, Findlay, was a pedagogue-politician.
All were remarkably able men. They later held political posi-
tions ranging in importance from that of register of a land office
to that of United States Senator and of United States cabinet
official.
The next set of delegates in importance was Evans, Ramsay,
Riddick, Reeves, Rector and Green. Their impress on the
constitution was, however, comparatively slight. Some were
followers of the "organization;" several were independent but
not hostile to the leaders. All were able men and were ambitious.
Their biographies reveal six successful politicians who held
offices ranging from that of state representative to that of
national political boss.
The third class of delegates who may possibly have influenced
the framing of the constitution was Buckner, Perry and Ham-
mond. These three delegates were leaders of the opposition.
They were seemingly unable to accomplish much, but it is not
improbable that some compromise measures were adopted
through their influence. These men were well equipped both
in ability and in experience. Their success in the convention
was not, however, striking. The "machine" under the direc-
tion of the leaders was able to accomplish nearly everything
it desired. Barton, Bates, John Cook, Jones, Findlay and Scott,
were the principal authors of the constitution of Missouri of
1820.
CHAPTER VIII.
ORIGIN AND CONTENT OF THE CONSTITUTION.^
The purpose of this chapter is to give an account of the
origin and to analyze the content of the Missouri constitution
of 1820. The origin of the Missouri constitution of 1820 will
be considered by comparing its "Preamble" and thirteen articles
with similar provisions of the then existing twenty-three state
constitutions and the constitution of the United States. The
special features of the Missouri constitution that were excep-
tional in character, will also be set forth. The analysis of the
content of the constitution will consist of dividing it into its
logical parts in conformity with the accepted principles governing
the present science of government. The Missouri constitution
of 1820 followed the normal type of state constitutions and in
general conformed with the accepted scientific principles gov-
erning such organic acts. Few detailed provisions found their
way into this constitution. It was a model of conciseness and
perspicuity, dealing only in broad, general statements. It was
essentially a constitution framed by a sovereign convention,
and not a volume of purely ordinary legislative provisions that
characterize so many modern state instruments. Owing to its
merits in this respect, the Missouri constitution of 1820 lends
itself to a simultaneous discussion of its origin and its content.^
In tracing the origin of the Missouri constitution of 1820
and in estimating the influence exerted on it by other constitu-
tions caution is required. This is on account of several things:
first, verbatim copies in this constitution of sections in other
constitutions were the exception; second, even when such copies
occur they were sometimes the common property of several
states; and third, most of the sections in this constitution,
« For copy of the constitution see Appendix III.
•This chapter Is based on a much more cietaiU'd thesis submitted l>y tlie
author in 1911 to the University of Missouri in partial fulllllment of tlie require-
ments for the degree of Master of Arts. Tlie title of this thesis is: "The First
Constitulion of Missouri. A sludy of its Origin, by Floyd Calvin Shucmakcr."
References here to this work will be given to Shoemaker.
(212)
Origin and Content of the Constitution. 213
although similar to sections in other constitutions, were rarely
confined to any one state but appeared here and there throughout
the Union and were frequently found in a majority of state con-
stitutions. Because of this it is extremely hazardous to say
unqualifiedly that this or that state constitution was the source
of a certain provision in the Missouri constitution.
The Missouri constitution of 1820, excluding the schedule,
naturally divides itself into three parts: a preamble; a defini-
tion of boundaries; and a frame of government, its powers and
limitations — the latter including a bill of rights.
The preamble to the Missouri constitution of 1820 was
unique. No state constitution of that time contained a pro-
totype of it. In no other preamble were found the words "a
free and independent republic." The framing and adopting of
state constitutions by representatives of the people in con-
vention assembled was widespread, although the practice of
adoption or ratification by the people was gaining ground. In
this respect Missouri followed the former rule. Some of the
preambles attached to the constitutions of other states were
long, others short. Some followed the pattern of the United
States constitution, while others gave thanks to God or epito-
mized man's natural rights. The constitutions of Kentucky,
South Carolina, Tennessee, and Virginia, bear the closest
resemblance to the Missouri constitution on this point.^
The definition of the boundaries of Missouri was set forth
in article I, on "Boundaries." This was a verbatim copy of
that part of the Missouri Enabling Act that prescribed what
the boundaries of Missouri should be."^
The frame of government, its powers and limitations, laid
down in the Missouri constitution of 1820, was provided for in
twelve articles. These articles treated "Of The Distribution
Of Powers," "Of The Legislative Power," "Of The Executive
Power," "Of The Judicial Power," "Of Education," "Of In-
ternal Improvement," "Of Banks," "Of The MiUtia," "Of