Simone Lawson
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, a secretary to one of the province's proprietors, Anthony Ashley Cooper, and was designed to encourage a feudal social structure. The Constitutions introduced safeguards for religious refugees and progressive attitudes towards religious tolerance. However, it also had less liberal elements, promoting aristocracy and slavery in North America. The document was never fully employed nor ratified, and Carolinians frequently repudiated it as impractical and unrealistic.
| Characteristics | Values |
|---|---|
| Date of issue | 1 March 1669 |
| Date of first publication | 1698 |
| Purpose | To protect proprietary interests and avoid the creation of a democracy |
| Main authors | John Locke and Anthony Ashley Cooper |
| Main beneficiaries | The eight Lord Proprietors of Carolina |
| Main provisions | The erection of hereditary nobility and recognition of noble titles, the promotion of slavery, and the introduction of safeguards for religious refugees |
| Level of religious tolerance | High |
| Level of democracy | Low |
| Complexity of implementation | High |
| Number of articles | 120 |
| Nature of the document | Part constitution, part promotional tract |
| Nature of the government | Feudal |
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What You'll Learn
Religious tolerance and liberty
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. The document was drafted by John Locke, a secretary to one of the colony's proprietors, Anthony Ashley Cooper, also known as the 1st Earl of Shaftesbury. Locke's writings became famous after the Glorious Revolution of 1689, bringing attention to the Constitutions for their value in the context of classical liberalism.
The Fundamental Constitutions of Carolina introduced safeguards for groups seeking refuge for religious reasons. Article 97 of the document stated:
> "...the natives who...are utterly strangers to Christianity, whose idolatry, ignorance, or mistake gives us no right to expel or use them ill; and those who remove from other parts to plant there will unavoidably be of different opinions concerning matters of religion, the liberty whereof they will expect to have allowed them...and also that Jews, heathens, and other dissenters...shall not be forced to worship or maintain any religion against their consent."
The level of religious tolerance portrayed in the Constitutions was acclaimed by Voltaire, who advised:
> "Cast your eyes over the other hemisphere, behold Carolina, of which the wise Locke was the legislator."
The Constitutions also had less liberal elements compared to Locke's more famous "Two Treatises of Government". Article 110 of the Constitutions stated:
> "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever."
Pursuant to this provision, slaveholders were granted absolute power of life and death over their slaves, and the document held that being a Christian did not alter the civil dominion of a master over his slaves. The Constitutions also included the erection of hereditary nobility and the recognition of noble titles, which raised controversies.
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Landownership and feudalism
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, who served as secretary to Anthony Ashley Cooper, one of the Province of Carolina proprietors. It was designed to encourage a feudal social structure and protect proprietary interests.
The Constitutions introduced a highly structured form of government, with an intricate system of courts, manors, and serfs. The province was divided into counties, which were further subdivided into seigniories, baronies, and precincts, corresponding to the three classes of society: proprietors, local nobility, and freemen. The amount of land an individual held determined their rights and responsibilities in the province.
The sale and purchase of land were initially prohibited to preserve the chain of tenancy from the proprietors to the freemen. However, this prohibition was later lifted, and landownership became the bedrock of society. The Constitutions also introduced the concept of hereditary nobility and the recognition of noble titles, such as cassique and landgrave, which could be passed down from father to son. These nobles were granted special privileges, such as being tried only in the Chief Justice's Court.
The Fundamental Constitutions promoted both aristocracy and slavery in North America. It granted slaveholders absolute power of life and death over their "negro slaves", regardless of the slave's religion. This provision reinforced the idea of slavery as a civil dominion of the master, separate from religious considerations.
Overall, the emphasis on landownership and tenancy in the Fundamental Constitutions of Carolina contributed to its feudalistic nature and complex system of government.
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Hereditary nobility
The Fundamental Constitutions of Carolina were drafted in 1669 and included provisions for the establishment of a hereditary nobility. The Constitutions created a feudal social structure that divided the province of Carolina into eight signiories and eight baronies, with each barony consisting of twelve thousand acres. The eight signiorities were granted to the eight proprietors, while the eight baronies were granted to the hereditary nobility. This division aimed to preserve the balance of power in the government.
The establishment of a hereditary nobility in Carolina was a controversial aspect of the Fundamental Constitutions. The King's original charter to the eight proprietors prevented them from granting titles already in use in England, such as Earl or Baron. As a result, two new titles, cassique (or cazique) and landgrave, were created to be passed down from father to son. These nobles were granted privileges, including being tried only in the Chief Justice's Court and being found guilty only by a jury of their peers.
The Fundamental Constitutions specified that there would be as many landgraves as counties in Carolina and twice as many cassiques. These nobles were considered members of the hereditary nobility and were granted the right to sit in the provincial parliament. The first landgraves and cassiques were to be nominated and chosen by the lords proprietors and the palatine's court. Additionally, these nobles had the power to alienate, sell, or make over their dignity and baronies to another person before the year 1701.
The erection of hereditary nobility in Carolina was seen as a promotion of hierarchy and aristocracy, contrasting with the egalitarian and democratic ideals of John Locke's later works. The recognition of noble titles and the exaltation of proprietors as noblemen at the apex of a hierarchical society were points of contention. Despite these controversies, the Fundamental Constitutions of Carolina were notable for their level of religious tolerance, which was acclaimed by Voltaire.
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Slavery
The Fundamental Constitutions of Carolina, adopted on March 1, 1669, established a hierarchical social structure with the Lords Proprietors at the apex, followed by provincial nobles (landgraves and cassiques or caciques), and freemen. Landless tenants, known as leetmen, formed the base of this social pyramid.
While the Fundamental Constitutions laid the groundwork for slavery in Carolina, the "Act for the Better Ordering of Slaves" in 1690 further codified the institution of chattel slavery in South Carolina. This act imposed harsh punishments on slaves, including whipping, branding, and nose-slitting. Runaways faced severe consequences, such as being branded with an "R" on their cheek or losing an ear.
The Act of 1740, also known as the "Slave Code of 1740," solidified the denial of rights for slaves and served as the foundation for slavery in South Carolina until 1865. It influenced slave codes throughout the Southern United States. The Act of 1740 also regulated various aspects of slave life, including travel, clothing, and certain activities.
The Fundamental Constitutions of Carolina, with its complex system of government and societal hierarchy, set the stage for the subsequent codification and enforcement of slavery in the region. The influence of individuals like John Locke and Anthony Ashley Cooper, who were involved in drafting the document, has been a subject of historical debate.
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John Locke's influence
The Fundamental Constitutions of Carolina, adopted on March 1, 1669, was a legal document written for and signed by the eight Lord Proprietors to whom Charles II had granted the colony. The Constitutions were drafted during John Locke's service to one of the proprietors, Anthony Ashley Cooper, leading to the widely held belief that Locke played a significant role in their creation.
According to historian David Armitage and political scientist Vicki Hsueh, the Constitutions were co-authored by Locke and Cooper, also known as the 1st Earl of Shaftesbury. However, historian Holly Brewer offers a differing view, arguing that Locke was merely a paid secretary, writing the document as a lawyer would a will. Locke's later writings, which gained fame after the Glorious Revolution of 1689, brought attention back to the Constitutions, particularly regarding their value in classical liberalism.
The Fundamental Constitutions of Carolina introduced certain safeguards for groups seeking refuge for religious reasons, which was acclaimed by Voltaire, who praised the "wise Locke" as the legislator of Carolina. The Constitutions also promoted both aristocracy and slavery in North America, with Article 110 granting slaveholders absolute power of life and death over their "negro slaves."
While Locke's early involvement in the Fundamental Constitutions has been interpreted as evidence of his support for Charles II's plans to promote slavery and hierarchy, Brewer argues that his later writings demonstrate a reactionary stance against these societal visions. Locke's influence on the Constitutions is further questioned by the document's less liberal and more aristocratic nature compared to his more famous work, "Two Treatises of Government."
Despite the debate surrounding Locke's exact role and intentions, the Fundamental Constitutions of Carolina, with their focus on property rights and religious tolerance, had elements that aligned with Locke's philosophical contributions.
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Frequently asked questions
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 main purposes of the Fundamental Constitutions were to protect proprietary interests, avoid the creation of a democracy, and establish a feudal social structure.
The Fundamental Constitutions of Carolina were created by the eight Lords Proprietors of Carolina, who were supporters of Charles II. It is widely alleged that John Locke, a secretary to one of the proprietors, Anthony Ashley Cooper, had a major role in the making of the Constitutions.
The Fundamental Constitutions of Carolina introduced certain safeguards for groups seeking refuge for religious reasons, promoting religious tolerance. It also had less liberal and more aristocratic elements, promoting both aristocracy and slavery in North America. The Constitutions established a complex system of government with an emphasis on landownership and tenancy, which has been deemed feudalistic.
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