Malcolm Rivera
The Fundamental Constitutions of Carolina, also known as the Grand Model, was a form of government and society for the Carolina colony from 1669 to 1698. It was drafted by John Locke during his service to Anthony Ashley Cooper, one of the Province of Carolina proprietors. The Constitutions introduced safeguards for groups seeking refuge for religious reasons and promoted both aristocracy and slavery in North America. It established a complex system of government with an emphasis on landownership and tenancy, which has been deemed feudalistic.
| Characteristics | Values |
|---|---|
| Date of Adoption | March 1, 1669 |
| Authors | John Locke and Anthony Ashley Cooper |
| Purpose | To protect proprietary interests and avoid the creation of a democracy |
| Government | Feudal, headed by nobles with titles of palatine, landgrave, and cacique |
| Society | Established a system of aristocracy with lords, provincial nobles, and freemen |
| Slavery | Authorized and protected, with slaveholders granted absolute power over their slaves |
| Landownership | Emphasized as the bedrock of society |
| Religious Tolerance | Provided safeguards for groups seeking refuge for religious reasons |
| Implementation | Never fully adopted due to its complexity and impracticality |
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What You'll Learn
Religious freedom and tolerance
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the form of government and society for the Carolina colony from 1669 to 1698. It was drafted during John Locke's service to Anthony Ashley Cooper, one of the Province of Carolina proprietors. While it is widely alleged that Locke had a major role in the making of the Constitutions, some historians argue that he was only a paid secretary and wrote the Fundamental Constitutions as a lawyer writes a will.
The Constitutions introduced safeguards for groups seeking refuge for religious reasons and promoted progressive attitudes towards religious toleration for its time. Voltaire acclaimed the level of religious tolerance portrayed in the Constitutions, stating, "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator."
However, the Fundamental Constitutions also had less liberal elements compared to Locke's more famous works, such as the "Two Treatises of Government". It established a system of aristocracy and promoted slavery in North America. Article 110 of the Constitutions stated that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever." This provision granted slaveholders the power of life and death over their slaves, regardless of the religion of the slaves.
The emphasis on landownership and tenancy in the Fundamental Constitutions has been deemed feudalistic. It set up a complex system of government with a hierarchy of nobles, including palatine, landgrave, and cacique, who were granted special privileges. The amount of land an individual held determined their rights and responsibilities in the province.
In conclusion, while the Fundamental Constitutions of Carolina did promote religious freedom and tolerance, it also contained elements of aristocracy, slavery, and feudalism that were less aligned with the egalitarian and democratic ideals associated with Locke's later works.
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Land ownership and aristocracy
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the form of government and society for the Carolina colony from 1669 to 1698. The document was drafted by John Locke during his service to Anthony Ashley Cooper, one of the Province of Carolina proprietors. It is widely alleged that Locke had a major role in the making of the Constitutions, with historian David Armitage suggesting that the Constitutions were co-authored by Locke and Cooper. However, some argue that Locke's role was more akin to that of a paid secretary.
The Constitutions established a system of landownership and aristocracy, with the Lords Proprietors at the apex of society. The amount of land an individual held determined their rights and responsibilities in the province. The province was divided into counties, which were further divided into seigniories, baronies, and precincts, corresponding to the three classes of society: proprietors, local nobility, and freemen.
The Fundamental Constitutions introduced the titles of cassique and landgrave, which would be passed down from father to son. These nobles were granted privileges such as being tried only in the Chief Justice's Court and being found guilty only by a jury of their peers. The social pyramid described in the constitution included landless tenants, called leetmen, at the base.
The Constitutions also included provisions for the sale and purchase of land, which were initially prohibited to preserve the chain of tenancy from the proprietors to the freemen. The written provisions of the constitution were to be unalterable, and upon arriving in Carolina, settlers were expected to affirm their allegiance to the proprietors and their support of the Fundamental Constitutions.
The emphasis on landownership and tenancy in the Fundamental Constitutions has been deemed feudalistic. The document's complicated system of government has been called anachronistic, and it was never fully adopted, with Carolinians frequently repudiating it as impractical and unrealistic.
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Slavery and serfdom
The Fundamental Constitutions of Carolina, a highly structured document with a complicated system of government, was promulgated by the eight Lords Proprietors of the Province of Carolina on March 1, 1669. It replaced the Charter of Carolina and the Concessions and Agreements of the Lords Proprietors of the Province of Carolina (1665).
The inclusion of a clause about negro slavery in the Fundamental Constitutions has been interpreted as evidence of Locke's cooperation with Charles II's plans to promote slavery and hierarchy in the empire. Locke's involvement in amending the Fundamental Constitutions, particularly his retention of the clause about negro slavery, has been used to argue that he agreed with and intended to justify the institution and practices of Afro-American slavery.
However, it is important to note that Locke's later writings, such as his Two Treatises of Government, have been interpreted as a rejection of the theory of domination and an argument for inclusive human rights and democracy. The level of religious tolerance in the Constitutions, which permitted settlement by "Heathens, Jews, and other dissenters" and the establishment of any church except for Catholicism, has been highlighted as a progressive aspect of the document.
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Rule of law
The Fundamental Constitutions of Carolina, also known as the "Grand Model", provided the form of government and society for the Carolina colony from 1669 to 1698. It was drafted during John Locke's service to one of the colony's proprietors, Anthony Ashley Cooper, leading to the belief that Locke played a significant role in its creation. However, opinions vary, with some arguing that Cooper was the chief author, while Locke acted as his secretary and copyist.
The Constitutions established a complex system of government and society, with an emphasis on landownership and a feudalistic structure. The province was divided into counties, which were further subdivided into seigniories, baronies, and precincts, reflecting the three classes of society: proprietors, local nobility, and freemen. The amount of land an individual held determined their rights and responsibilities within the province.
The Constitutions introduced a system of nobility, with the Lords Proprietors at the apex, followed by provincial nobles called landgraves and cassiques (or caciques), and finally, freemen. Landless tenants, called leetmen, formed the base of this social pyramid. The document also promoted both aristocracy and slavery, with slaveholders granted absolute power over their slaves, including the power of life and death.
To uphold the rule of law within this hierarchical structure, the Constitutions included specific provisions. For example, it mandated the establishment of a registry in each precinct where all deeds, leases, judgments, mortgages, and other land-related documents were to be recorded. This ensured transparency and provided legal protection for land ownership. Additionally, the Constitutions stipulated that no man could serve as the register of a precinct unless he owned at least 300 acres of freehold land within that precinct, thereby linking landownership with administrative roles.
Furthermore, the Constitutions outlined a complex legislative process, aiming to avoid the creation of a democracy. The government was to be headed by nobles with the titles of palatine, landgrave, and cacique, each with their own courts and a shared Parliament. When proposing a new law, the four estates (palatine and proprietors, landgraves, caciques, and those chosen by the precincts) would deliberate separately. If the majority of any of these estates voted against the proposed law, it would not proceed any further, effectively granting each estate a veto power.
While the Fundamental Constitutions of Carolina established a detailed framework for governance and society, it faced challenges in implementation. Carolinians often repudiated it as impractical and unrealistic, favouring self-determination in their form of government. The complex structure and requirements of the Constitutions proved challenging to establish in a small frontier province.
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Democracy
The Fundamental Constitutions of Carolina, also known as the "Grand Model", was a form of government and society for the Carolina colony from 1669 to 1698. It was drafted during John Locke's service to Anthony Ashley Cooper, one of the Province of Carolina proprietors. While Locke is often credited with co-authoring the document, some historians argue that his role was more akin to that of a paid secretary.
The Constitutions had a complex system of government and a highly structured social hierarchy. At the apex of society were the Lords Proprietors, followed by provincial nobles called landgraves and cassiques (or caciques), and finally, freemen. Landless tenants, called leetmen, formed the base of the social pyramid. The amount of land an individual held determined their rights and responsibilities in the province.
The main purpose of the Fundamental Constitutions was to protect the interests of the Lords Proprietors and to avoid the creation of a democracy. The document introduced a feudal system of government, with power concentrated in the hands of the nobility. Counties, which were the chief units of government, were divided into seigniories, baronies, and precincts, corresponding to the three classes of society.
While the Fundamental Constitutions promoted aristocracy and slavery, it also included provisions for religious tolerance and liberty. It introduced safeguards for groups seeking refuge for religious reasons, which was considered progressive for its time. However, it is important to note that the Constitutions also included Article 110, which granted slaveholders absolute power over their slaves, including the power of life and death.
The Fundamental Constitutions of Carolina was never fully adopted and was frequently repudiated by Carolinians as impractical and unrealistic. The complex structure of government and the emphasis on landownership and tenancy were some of the factors that contributed to its lack of implementation.
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Frequently asked questions
It is widely alleged that John Locke had a major role in drafting the Fundamental Constitutions of Carolina. However, historian Holly Brewer argues that Locke was only a paid secretary and wrote the Fundamental Constitutions much as a lawyer writes a will.
The Fundamental Constitutions of Carolina provided the form of government and society for the Carolina colony from 1669 to 1698. The main purposes of the Fundamental Constitutions were to protect proprietary interests and to avoid the creation of a democracy.
The Fundamental Constitutions of Carolina established a complex system of government and promoted a feudal society based on hereditary landownership. It also introduced safeguards for religious groups seeking refuge for religious reasons.
The Fundamental Constitutions of Carolina was never fully adopted and was frequently repudiated by Carolinians as impractical and unrealistic. The conflict between the proprietors, who sought to implement the constitution, and the Carolina settlers, who wanted to determine their form of government, shaped much of the early political history of Carolina.
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