Charles Daniel Drake was born in Cincinnati, Ohio, on March 11, 1811; he moved to St. Louis, Missouri, in 1834 and practiced law. From 1859 to 1860 he served in the Missouri House of Representatives. In 1865 Drake was a member of the Missouri State Constitutional Convention.
The most radical portions of the constitution adopted in April 1865 dealt with the loyalty or “Ironclad” oath, which required potential voters (along with teachers, office holders and others) to demonstrate that they had not supported the Confederacy, and required them to take an oath to uphold the Missouri and U.S. constitutions. Conservatives opposed the harsh measure, while Germans unsuccessfully advocated the inclusion of black suffrage. After two months of debate, the constitution passed by a vote of 38 to 13. Because Charles Drake was the chairman of the special committee that drafted the report, the document is often called the “Drake Constitution.” The “Ironclad Oath” was removed by 1870, and the 1865 constitution was replaced in 1875.
Elected to the United States Senate, Drake served from March 4, 1867 until December 18, 1870, when he resigned to accept the position of Chief Justice of the U. S. Court of Claims, a position he held until 1885.
Drake died in Washington, D. C., on April 1, 1892, and is buried in St. Louis, Missouri.
Carte-de-Visite by George P. Hall, St. Louis, Mo.
Image Courtesy Wilson’s Creek National Battlefield; WICR 11513