Malcolm Rivera
South Carolina has had several constitutions throughout its history, each with its own unique impact on the state's political landscape. The state's constitutional history is marked by struggles over representation and power, often driven by the tension between the Backcountry and the Lowcountry, as well as the quest for democratic reforms and the push for racial equality. The constitutions of 1778, 1865, 1868, and 1895 all played significant roles in shaping South Carolina's government and its relationship with the rest of the United States. The 1868 constitution, for example, was a crucial step in South Carolina's readmission to the American Union after the Civil War, while the 1895 constitution was designed to disenfranchise African Americans and solidify white male elites' power. Each constitution reflects the complex political and social dynamics of its time, offering valuable insights into South Carolina's evolution as a state.
| Characteristics | Values |
|---|---|
| Purpose | Preservation and perpetuation of liberties |
| Legislative authority | Bicameral legislature with a lower house (General Assembly) and an upper house (Legislative Council) |
| Religion | Christian Protestant religion as the established religion of the state |
| Powers of the executive branch | Diminished |
| Suffrage | Universal adult male suffrage, but with measures to disenfranchise African Americans |
| Representation | Increased representation for the Backcountry, but continued underrepresentation of the region compared to the Lowcountry |
| Judicial appointments | Legislature jointly elected judges, sheriffs, and military officers |
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What You'll Learn
Increased democratic concessions
South Carolina's new constitution of 1868 was a significant step towards the state's readmission to the American Union after the Civil War. It addressed several key issues, including increased democratic concessions, which were aimed at improving representation and governance in the state.
The new constitution increased democratic representation for the Backcountry region, which had long been underrepresented in South Carolina's political and economic systems. The basis for representative apportionment was changed, with provisions for reapportionment that took into account the "particular and comparative strength and taxable property" of different parts of the state, as well as the "number of white inhabitants and such taxable property." This resulted in a significant increase in the Backcountry's share of the legislature, from 30% to 40%.
However, it is important to note that these democratic concessions did not extend to all citizens of South Carolina. The constitution's framers, including the dominant figure of Tillman, sought to disenfranchise African Americans and bar them from participation in the political process. This was achieved through subtle changes in wording, such as replacing the 1868 constitution's "personhood" with the 1895 constitution's "intelligence", which had a disproportionate impact on African Americans due to variations in the quality of education.
The new constitution also introduced measures to limit the power of the state's executive branch, increasing the representative nature of governance. This included the creation of a bicameral legislature, with the lower house (General Assembly) electing the upper house (Legislative Council). The two chambers jointly elected key officials, including the president, vice president, and members of the privy council.
Overall, while the new constitution made some strides towards increased democracy and representation in South Carolina, it also entrenched the power of white male elites and excluded African Americans from political participation, reflecting the complex and often contradictory nature of democratic reform in the post-Civil War era.
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Diminished executive power
South Carolina's new constitution, signed in 1895, significantly diminished the power of the executive branch. This change increased the representative nature of governance in the state, giving more power to the people.
The constitution's preamble establishes the principle of popular sovereignty, with "the people" envisioned as the white male elites who held suffrage at the time. This shift in power was a concession to the Backcountry, who had long been underrepresented in the state's political and economic systems. While this change did increase their representation, the planters still maintained control, and the region remained disproportionately underrepresented compared to the Lowcountry.
The new constitution's focus on representative governance built upon earlier reforms. The 1778 constitution, for example, introduced provisions for reapportionment and established the theoretical basis of representation based on the strength and taxable property of different parts of the state, with consideration given to the number of white inhabitants. This resulted in the Backcountry's share of the legislature increasing from 30% to 40%.
The 1868 constitution, framed by elected delegates from across South Carolina, was a significant step towards the state's readmission to the American Union after the Civil War. This constitution established the framework for a working government, including the adoption of the 13th Amendment and the acknowledgement of the end of slavery. However, it was criticised for not including enough reform and for its failure to repudiate the state's war debt.
The 1895 constitution, like its predecessors, had a disenfranchising effect on African Americans. By changing the criterion for suffrage from "personhood" in the 1868 constitution to "intelligence" in the 1895 version, the framers of the new constitution aimed to bar African Americans from participating in the political process. This change also negatively impacted many poor whites due to variations in the quality of education.
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Established Christian Protestant religion
The Constitution of South Carolina, enacted on March 19, 1778, established Christian Protestant religion as the official religion of the state. This meant that all denominations of Christian Protestants in South Carolina were guaranteed equal religious and civil privileges, as long as they conducted themselves peacefully and faithfully.
The constitution also made provisions to ensure that Christian Protestant societies could retain and acquire religious property for the purpose of worship. Specifically, it allowed the Church of England societies in the state to continue holding the religious property they already possessed.
The establishment of Christian Protestant religion as the official religion was in line with the proliferation of eighteenth-century British political theory in South Carolina during the revolutionary period and into the nineteenth century. The state's commitment to the ideal of virtual representation can also be seen in the constitution's creation of a bicameral legislature, with the lower house (General Assembly) electing the upper house (Legislative Council).
The constitution of 1778 was designed to be temporary and reflected South Carolina's desire for independence from Great Britain. It was a step towards aligning the state's government with that of the Union, but it was later nullified by the U.S. Congress in 1867 as it did not include enough reform. A new constitution was crafted in 1868, which included measures such as the ratification of the 13th Amendment to the U.S. Constitution, prohibiting slavery.
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Ratified the 13th Amendment
South Carolina's ratification of the 13th Amendment in November 1865 was a significant step towards the abolition of slavery in the United States. The 13th Amendment, passed at the end of the Civil War, abolished slavery and involuntary servitude across the nation, except as punishment for a crime.
The Amendment was initially passed by the Senate in April 1864, but it was not until Lincoln's intervention that the House of Representatives approved it in January 1865. The Amendment was then ratified by the required number of states (27 out of 36) in December 1865, with South Carolina being one of the first.
South Carolina's adoption of the 13th Amendment was a crucial moment in the state's history. The state had a complex relationship with slavery, and its constitution had previously reflected this. The new constitution of 1865, crafted by a convention of delegates, was a step towards aligning with the Union. It abolished slavery and provided a framework for a working government.
However, South Carolina's ratification of the 13th Amendment was not without controversy. The state issued an interpretive declaration, stating that Congress could not legislate on the political status or civil relations of former slaves. This was an attempt to prevent Black suffrage and maintain control over the rights granted to freedmen.
The state legislature also immediately began to legislate Black Codes, creating a separate and discriminatory set of laws, punishments, and acceptable behaviours for individuals with black ancestry. These Codes restricted land ownership, employment opportunities, and constitutional rights for Black individuals, perpetuating a system of economic subservience.
Despite these challenges, the ratification of the 13th Amendment by South Carolina and other states marked a turning point in the nation's history, setting the stage for further expansion of civil rights and the Reconstruction Amendments.
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Disenfranchised African Americans
South Carolina's new constitution of 1895 was designed to disenfranchise African Americans, taking away their right to vote. The constitution's framers sought to bar African Americans from participation in the political process.
The new constitution changed the focus of voter registration from ""personhood" to "intelligence". This meant that individuals had to be able to answer questions about any constitutional provision and pass a literacy test to qualify as a voter. This was a deliberate attempt to prevent African Americans from voting, as it was assumed that they would be less educated than whites and therefore less able to pass the tests.
The new constitution also required voters to have at least $20 in property, which would have disproportionately affected African Americans, who were more likely to be poor. In addition, voter registration books were kept open for only a short time each month, and re-registration was required every time a voter moved, even within the same precinct. These measures made it more difficult for African Americans to register to vote, even if they had passed the literacy test.
The impact of these changes was significant. By 1896, in a state where blacks comprised nearly 60% of the total population, only 5,500 black voters had succeeded in registering. The new constitution effectively disenfranchised African Americans in South Carolina for nearly 70 years, until the passage of federal civil rights legislation in the mid-1960s.
It is important to note that the disenfranchisement of African Americans in South Carolina was part of a broader pattern of racial injustice and suppression of voting rights in the Southern states during the Reconstruction era. Despite the passage of the Fifteenth Amendment, which guaranteed the right to vote regardless of race, Southern states passed laws that disproportionately affected African Americans' ability to vote.
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Frequently asked questions
The main purpose was to disenfranchise African Americans, barring them from political participation.
It diminished the power of the executive branch while increasing the representative nature of governance in the state.
The Backcountry saw an increase in representation, with their share of the legislature rising from 30% to 40%.
The governor signed the new constitution, which was a step towards South Carolina's readmission to the American Union after the Civil War.
The Christian Protestant religion was established as the official religion of the state, with all denominations of Christian Protestants enjoying equal religious and civil privileges.
