Historical Marker for Abolitionist Federal Judge John C. Underwood in Clarke County

Historical Marker for Abolitionist Federal Judge John C. Underwood in Clarke County

A state historical marker issued by the Virginia Department of Historic Resources was dedicated recently in Clarke County. The marker is intended to educate and inform the public about a person, place, or event of regional, state, or national importance. In this regard, erected markers are not memorials.

This one, near the Burwell-Morgan Mill in Millwood, recalls the work of John C. Underwood, a 19th-century federal judge and anti-slavery activist who served as president of the Virginia Constitutional Convention of 1867–68. The convention resulted in the state’s Constitution of 1869—often referred to as the “Underwood Constitution”—which gave Black men the right to vote, created a free public schools system, and established other democratic reforms.

John C. Underwood (1809-1873)

John C. Underwood, an attorney from New York, settled near here in the early 1850s. Harassed for his anti-slavery activism and his work on behalf of the Republican Party, he left Virginia in 1856. President Abraham Lincoln appointed him a federal judge for Virginia’s eastern district in 1863. An outspoken advocate of equal rights for African-Americans after the Civil War, Underwood was elected president of Virginia’s Constitutional Convention of 1867–68. Among the convention’s 105 members were 24 African-Americans. The “Underwood Constitution,” ratified in 1869, granted Black men the right to vote, established a system of free public schools, and secured other democratic reforms.

The recent dedication program began with a welcoming address from DHR Director and Virginia’s State Historic Preservation Officer Julie Langan. Speakers included Colita N. Fairfax, Chairperson of the Virginia Board of Historic Resources; preservation consultant Maral Kalbian; Travis Voyles, Secretary of Natural & Historic Resources; and Delegate Delores Oates of the 31st District.

Born in New York in March, 1809, attorney John C. Underwood settled in Clarke County, Virginia, in the early 1850s. An outspoken abolitionist, he left Virginia in 1856 after he was harassed for his anti-slavery activism and his work on behalf of the Republican Party. In 1863, President Abraham Lincoln appointed Underwood to the position of federal judge for Virginia’s eastern district.

He was elected president of Virginia’s Constitutional Convention of 1867–68. The convention included 105 members, 24 of whom were African-American. During his time as president of the convention, Underwood endorsed equal rights for African-Americans as well as universal suffrage. His work with the convention culminated in the “Underwood Constitution,” which was ratified in 1869.

The Underwood Constitution recognized the 14th and 15th amendments of the U.S. Constitution, which granted citizenship to African-Americans and gave Black men the right to vote. It also established a system of free public schools and implemented significant tax reforms. Underwood died in December, 1873 in Washington, D.C.

Virginia’s historical highway marker program began in 1927 with installation of the first markers along U.S. Route 1. It is considered the oldest such program in the nation. Currently there are more than 2,600 state markers, mostly maintained by the Virginia Department of Transportation.