Local History: George C. Thilenius: Delegate to the 1865 Constitutional Convention

The date Jan. 11 is recognized as Emancipation Day in Missouri. On this date in 1865, delegates to the Missouri Constitutional Convention approved an ordinance abolishing slavery in the state. The ordinance was a response to an earlier order from the General Assembly for the gradual emancipation of the enslaved, which Unionists thought operated too slowly. Three weeks later, Congress proposed the 13th Amendment abolishing slavery in the U. S., which was ratified Dec. 18, 1865.

The 1865 Constitution, often called the Drake Constitution because the Radical Republican lawyer Charles D. Drake had an outsized influence on drafting it, was adopted by the General Assembly and ratified by the voters. It forbade state compensation to enslavers for the loss of their property and required holders of elected office, teachers, lawyers, clergy and voters to swear an oath that included a statement that they had never supported the Southern cause. Opponents called it the "Draconian Constitution" for this provision. Two years later, the U. S. Supreme Court struck down the loyalty oath provision.

Cape Girardeau’s elected delegate and signatory to the Constitutional Convention was Col. George C. Thilenius, a German immigrant born in the Kingdom of Hanover on Aug. 10, 1829. The family came to America in 1849 after the failed 1848 revolution to unite Germany under a liberal, democratic constitution. The Thilenius family opened a store in St. Louis, and George obtained employment with a sugar refinery in 1852. He spent three years in Cuba assisting in a branch refinery. Upon his return to St. Louis, he married Margaretha Fromann and the couple moved to Cape Girardeau.

Many German immigrants, including Thilenius, despised slavery and supported the Union, having experienced the deep divisions of the German principalities. He enlisted and became first lieutenant of Company A, Cape Girardeau Battalion, Home Guards June 1-Sept. 29, 1861. He oversaw part of the construction of the forts in Cape Girardeau and enlisted as a captain, promoted to lieutenant colonel of the 56th Enrolled Missouri Militia Sept. 1, 1862. Enrolled Missouri Militia were state units called into service when needed, usually for routine tasks of guard duty, labor or assisting regular U.S. troops. Thilenius was a well-respected leader who went beyond the call of duty to aid the Union war effort.

As was common in many parts of Missouri, Thilenius won as the Republican candidate for delegate to the 1865 Constitutional Convention. Opponents were either in rebellion against the government, felt threatened or simply refused to vote. He viewed his work on the Drake Constitution with pride for the rest of his life.

George C. Thilenius became mayor of Cape Girardeau after the Civil War (1867-1873). A key accomplishment during his term was the implementation of public schools in Cape Girardeau. He founded Cape City Mills, which won a medal of merit for best flour at the World’s Exposition in 1873 in Vienna, Austria. He won election as Cape Girardeau’s representative to the General Assembly in 1898-1901.

Bill Eddleman, Ph.D. Oklahoma State University, is a native of Cape Girardeau County who has conducted genealogical research for over 25 years.