In December 1874, Governor Houston appointed a committee to discuss the idea of a constitutional convention. The Democratic party, which made up the appointed committee, agreed on the idea of a constitutional convention. An election, set in August 1875, determined whether or not a convention would happen and who the delegates would be. The Republican party, although smaller than the Democratic party, agreed that a new constitution was needed. The election took place on August 03, 1875. The majority voted in favor of a constitutional convention. The committee would be made up of ninety-nine delegates: eighty Democratic delegates, twelve Republican delegates (four of which were African Americans), and seven Independent delegates.
The delegates gathered in Montgomery in September 1875 with Leroy Pope Walker as president of the convention. The majority of the delegates were attorneys. Many of the delegates were also Confederate veterans. The 1875 Alabama Constitution was seen as a Black Belt victory. There were several agrarian triumphs over the forces of commerce. The 1875 constitution bill of rights proclaimed that "established fact" declared against secession from the Union, that foreigners had the same rights as native-born citizens, and that there could be neither educational nor property qualifications for voting or holding office. The office of lieutenant governor was abolished as well as the State Board of Education. The constitution of 1875 was ratified on November 16, 1875.