Isabella Carter
The Fundamental Constitutions of Carolina were a set of laws created in 1669 that outlined the government and society of the Carolina colony. These laws were designed to protect the interests of the Lords Proprietors and prevent the establishment of a democracy. The Constitutions included rules regarding land distribution, the power of proprietors, and the role of settlers in the colony. They also introduced safeguards for religious groups seeking refuge and promoted both aristocracy and slavery in North America. While the Fundamental Constitutions were never fully employed or ratified, they still played a significant role in shaping power dynamics in the Carolinas.
| Characteristics | Values |
|---|---|
| Date adopted | March 1, 1669 |
| Replaced | Charter of Carolina and the Concessions and Agreements of the Lords Proprietors of the Province of Carolina (1665) |
| Purpose | To protect Proprietary interests and to avoid the creation of a democracy |
| Authors | John Locke and Anthony Ashley Cooper, 1st Earl of Shaftesbury |
| Promoted | Aristocracy and slavery in North America |
| Religious tolerance | Yes |
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What You'll Learn
- The Fundamental Constitutions of Carolina were adopted on March 1, 1669
- The Constitutions were drafted by John Locke
- The document was designed to encourage a feudal social structure
- The Constitutions promoted both aristocracy and slavery
- The document was meant to protect proprietary interests and avoid democracy
The Fundamental Constitutions of Carolina were adopted on March 1, 1669
The Fundamental Constitutions of Carolina were a set of laws created in 1669. They were adopted on March 1, 1669, to be precise, by the eight Lords Proprietors of the Province of Carolina. These Lords had been granted the colony by King Charles II. The Constitutions were designed to shape the form of government and society in the colony, which included most of the land between what is now Virginia and Florida.
The Fundamental Constitutions of Carolina were described as "reactionary" and encouraged a feudal social structure. This meant that they promoted aristocracy and slavery in North America. For example, Article 110 of the Constitutions stated that "Every freeman of Carolina shall have absolute power and authority over his negro slaves". This gave slaveholders the power of life and death over their slaves.
The Constitutions also included rules that were hard for settlers to implement for practical reasons. For instance, they stated that all manner of comments and expositions on any part of the Constitutions or laws of Carolina were prohibited. This was likely because the Colonists, settlers, and the British Crown wanted to keep themselves at a distance from the Constitutions. The Fundamental Constitutions of Carolina also introduced safeguards for groups seeking refuge for religious reasons, which were later acclaimed by Voltaire.
The Constitutions were drafted during John Locke's service to one of the Province of Carolina proprietors, Anthony Ashley Cooper, so it is thought that Locke had a major role in creating them. However, some historians argue that Locke was only a paid secretary and that he wrote the Fundamental Constitutions much as a lawyer writes a will.
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The Constitutions were drafted by John Locke
The Fundamental Constitutions of Carolina were a set of laws created by the Lords Proprietors of Carolina, which included most of the land between what is now Virginia and Florida. These laws were designed to shape the government and society of the colony and promote a feudal social structure. While the exact involvement of John Locke in drafting the Fundamental Constitutions of Carolina is debated by historians, it is widely alleged that he played a major role in their creation.
The Constitutions were drafted during Locke's service to one of the Province of Carolina proprietors, Anthony Ashley Cooper, also known as the 1st Earl of Shaftesbury. Locke was a secretary to Cooper, and some historians argue that he wrote the Fundamental Constitutions as a paid secretary, much like a lawyer writes a will. However, others, including historian David Armitage and political scientist Vicki Hsueh, believe that Locke and Cooper co-authored the document. This belief is based on the fact that the Constitutions were published before Locke's widely known writings, such as "Essay Concerning Human Understanding" and "Two Treatises of Government," which were published in 1689 and 1690.
Armitage suggests that the Fundamental Constitutions were the first printed work associated with Locke, and they brought attention to his later writings, particularly in the context of classical liberalism. Voltaire, for instance, 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."
The Fundamental Constitutions of Carolina were adopted on March 1, 1669, by the eight Lords Proprietors of the Province of Carolina. This date marked the confirmation and dissemination of the Constitutions to the Colony. However, it is important to note that the colonists officially recognized the July 21, 1669, version of the Constitutions, which was sealed by six proprietors as "the unalterable form and rule of Government forever." The Constitutions introduced certain safeguards for groups seeking refuge for religious reasons. Additionally, they promoted both aristocracy and slavery in North America, with Article 110 stating that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever."
While the Fundamental Constitutions of Carolina were never fully employed nor ratified, they did shape power in the Carolinas, particularly regarding land distribution. The main purposes of the Constitutions were to protect Proprietary interests and avoid the creation of a democracy, instead promoting a feudal government structure.
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The document was designed to encourage a feudal social structure
The Fundamental Constitutions of Carolina were a set of laws created in 1669 to govern the Province of Carolina, which included most of the land between what is now Virginia and Florida. The document was designed to encourage a feudal social structure, with the king at the top and a hierarchy of power beneath him. This hierarchy included the lords proprietors, who were granted the colony by the king, and below them, the colonists and settlers.
The Constitutions were considered "reactionary" and were designed to prevent the establishment of a democracy in the colony. They included provisions that promoted both aristocracy and slavery in North America. For example, 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 and reinforced the idea of a hierarchical social structure.
The Constitutions also included rules that were difficult for settlers to implement for practical reasons. For example, the requirement that all deeds, leases, and judgments be registered in a central location may have been challenging for settlers who were spread out across the vast colony. The Constitutions also allowed for non-unanimous jury decisions for criminal convictions, which was unusual and likely intended to solidify the power of the lords proprietors.
While the Fundamental Constitutions of Carolina were never fully employed or ratified, they did shape power structures and land distribution in the Carolinas. The document's emphasis on hierarchy and the exaltation of proprietors as noblemen at the apex of society contributed to the development of a feudal social structure in the colony.
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The Constitutions promoted both aristocracy and slavery
The Fundamental Constitutions of Carolina were a set of laws created in 1669 to govern the Province of Carolina, which included most of the land between what is now Virginia and Florida. The Constitutions were written by the eight Lords Proprietors of the province and were meant to establish a government that was agreeable to the monarchy under which the colony lived.
While the Fundamental Constitutions of Carolina were never fully employed or ratified, they did shape power in the Carolinas, particularly in terms of land distribution. One of the main concerns of colonists and settlers was the Constitutions' exaltation of proprietors as noblemen at the apex of a hierarchically designed society. The erection of hereditary nobility and recognition of noble titles raised controversies because the King's original charter prevented the proprietors from granting titles already in use in England, such as Earl or Baron. To get around this, the proprietors created two new titles, cassique and landgrave, that 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 and being found guilty only by a jury of their peers.
The Fundamental Constitutions of Carolina also 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 and held that a Christian master's dominion over his slaves was unaffected by his religion.
In addition to promoting slavery and aristocracy, the Fundamental Constitutions of Carolina also included certain safeguards for groups seeking refuge for religious reasons. 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."
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The document was meant to protect proprietary interests and avoid democracy
The Fundamental Constitutions of Carolina were a set of laws created by the eight Lords Proprietors of the Province of Carolina, which included the land between what is now Virginia and Florida. These laws were meant to protect the interests of the Lords Proprietors and prevent the establishment of democracy in the colony.
The Constitutions were drafted during the time of John Locke, who was serving as a secretary to one of the Lords Proprietors, Anthony Ashley Cooper, also known as the 1st Earl of Shaftesbury. While Locke is often credited with co-authoring the document, some historians argue that his role was more akin to that of a lawyer drafting a will. The Constitutions were meant to establish a feudal social structure, with the Lords Proprietors at the apex as noblemen. This hierarchical structure was at odds with the more egalitarian, democratic, and liberal ideals put forth by Locke in his later works, such as "Two Treatises of Government."
One of the main purposes of the Fundamental Constitutions was to protect the proprietary interests of the Lords. This is evident in the document's focus on land distribution and the establishment of a hierarchy that placed the Lords at the top. The Constitutions also introduced safeguards for groups seeking religious refuge and promoted both aristocracy and slavery in North America. Article 110 of the Constitutions infamously stated that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of whatever opinion or religion soever." This provision granted slaveholders the power of life and death over their slaves and reinforced the civil dominion of a master over his slaves, regardless of religious differences.
The Fundamental Constitutions were also designed to avoid the creation of a democracy in the colony. The Lords Proprietors wanted to establish a form of government that was agreeable to the monarchy under which they lived and prevent the rise of a numerous democracy. This is reflected in the oath of allegiance required by all persons above the age of seventeen in Carolina, in which they promised to "bear faith and true allegiance" to the King, the Palatine, and the Lords Proprietors, defending them and maintaining the government according to the Fundamental Constitutions.
While the Fundamental Constitutions of Carolina were never fully employed nor ratified, they did shape power dynamics and land distribution in the Carolinas. The document's focus on protecting proprietary interests and avoiding democracy had a lasting impact on the region's governance and social structure.
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Frequently asked questions
The Fundamental Constitutions of Carolina were a set of rules that decided how the Province of Carolina would be governed.
The eight Lords Proprietors of the Province of Carolina decided on these rules. They were the ones who had been granted the colony by King Charles II.
The Fundamental Constitutions of Carolina were created on March 1, 1669. However, there were later versions introduced in 1682 and 1698.
Yes, John Locke is believed to have played a major role in creating the Fundamental Constitutions of Carolina. He was working for one of the Lords Proprietors, Anthony Ashley Cooper, at the time.
The Fundamental Constitutions of Carolina included rules about how land was owned and distributed, and how laws were made and enforced. It also included a statement that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever."
