Eleanor Finch
The Constitution of South Carolina has undergone several revisions since the first governmental framework for the state was established in 1669. The state has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The current constitution, in effect since December 4, 1895, outlines the structure and function of South Carolina's government. Notably, South Carolina was the first state to secede from the Union following Abraham Lincoln's victory in the 1860 presidential election. This secession was driven by the state's concerns over violations of the Constitution by the federal government and the perceived threat to the rights of slaveholding states.
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What You'll Learn
South Carolina's 1868 constitution
On January 14, 1868, the South Carolina Constitutional Convention met in Charleston with a majority of Black delegates. The 1868 constitution was revolutionary because it embodied democratic principles absent from previous constitutions. The new document provided for population alone as the basis for House representation, continued the popular election of the governor, abolished debtors' prison, provided for public education, abolished property ownership as a qualification for office holding, granted some rights to women, and created counties. It also abolished race as a limit on male suffrage, overturning the Black Codes that had flourished under the 1865 constitution.
The South Carolina Constitution of 1868 was one of the Reconstruction era constitutional conventions. It passed a resolution asking Congress to lend the state $1 million to buy land for poor whites and Blacks. When Congress rejected the proposal, the first South Carolina legislature under the new constitution passed a homestead law to aid poor farmers and shifted the tax burden to large plantation owners.
The 1868 constitution was South Carolina's sixth, following earlier constitutions in 1669, 1776, 1778, 1790, and 1865. The first governmental framework for what is now the State of South Carolina was the Fundamental Constitutions of Carolina, written in 1669 by the lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke. The 1868 constitution was ratified on April 16, 1868, together with the Constitution of the United States of America.
The South Carolina Constitution has since been amended several times. The current constitution, the state's seventh, took effect on December 4, 1895.
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The Declaration of the Causes of Seceding States
The document contained several grievances against the Federal Government of the United States, accusing it of violating the Constitution and encroaching upon the reserved rights of the individual states. The primary focus of the declaration was the issue of slavery. South Carolina, a slave-holding state, objected to the efforts of some Northern states to abolish slavery and their refusal to extradite escaped slaves, as required by the US Constitution. The declaration argued that the failure of these states to uphold their constitutional obligations voided the agreement between South Carolina and the United States.
The declaration also emphasised the sovereignty of South Carolina as a state, asserting that it had only delegated certain powers to the federal government and retained the right to self-government. It stated that the people of South Carolina had resumed their separate and equal place among nations and declared the union with the other states of North America dissolved. This was in line with the state's earlier assertion of its right to secede, made in 1852, which was not acted upon at that time.
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South Carolina's Declaration of the Causes of Secession
The South Carolina Declaration of Secession, also known as the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, was a proclamation issued on December 24, 1860, by the government of South Carolina. It outlined the reasons for the state's secession from the United States.
The declaration stated that the frequent violations of the US Constitution by the Federal Government and its encroachment upon the reserved rights of the States justified South Carolina's withdrawal from the Federal Union. It argued that the equal rights of the States would be lost, and the slaveholding States would lose their power of self-government and self-protection, with the Federal Government becoming their enemy.
The document asserted that the constituted compact had been deliberately broken by the non-slaveholding States, and as a result, South Carolina was no longer bound by its obligations. It highlighted the election of Abraham Lincoln as President of the United States on an anti-slavery platform as a key factor in the decision to secede.
The declaration also expressed South Carolina's belief in its resumption of a separate and equal place among nations, and its right to levy war, conclude peace, form alliances, and conduct other acts that independent States may rightfully do.
The South Carolina Declaration of Secession was a significant step in the lead-up to the American Civil War, reflecting the growing tensions between the North and the South over the issue of slavery and states' rights.
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The role of slavery
The issue of slavery was central to the constitutional struggle in South Carolina in the mid-19th century. On April 26, 1852, the state declared that violations of the US Constitution by the federal government and its encroachment on states' rights justified its withdrawal from the federal union. However, South Carolina did not immediately secede due to its status as a slaveholding state and its desire to respect the opinions and wishes of other slaveholding states.
The state's eventual secession in 1860 following Abraham Lincoln's election victory was driven in part by concerns over slavery. South Carolina's Declaration of the Causes of Secession cited fears that slaveholding states would lose their power of self-government and self-protection, and that the federal government would become their enemy. This declaration also referenced the non-slaveholding states' refusal to uphold their constitutional obligations, such as denying the right of slave transit and refusing to surrender fugitives charged with crimes.
The 1868 South Carolina Constitutional Convention, with a majority of Black delegates, embodied democratic principles absent from previous constitutions. It abolished race as a limit on male suffrage, overturning the Black Codes of the 1865 constitution. The new constitution provided for public education and abolished property ownership as a qualification for office holding, granting some rights to women.
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The role of religion
The Fundamental Constitutions of Carolina, written in 1669, was the first governmental framework for what is now South Carolina. Influenced by philosophers such as James Harrington, the document espoused religious toleration for all except Catholics and established a system of government based on land ownership. The constitution placed the colony's proprietors at the head of its government, along with a bicameral parliament.
South Carolina's 1790 constitution was influenced by the adoption of the Constitution of the United States in 1787. This period saw a shift in the state's approach to religion, with the 1790 constitution holding more democratic principles than its predecessor.
In 1852, South Carolina declared its secession from the Federal Union, citing violations of the Constitution and encroachments upon states' rights by the Federal Government. This declaration, known as the "Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union," reflected a continuing tension between state and federal powers.
The state's 1868 constitution, drafted during the Reconstruction era, embodied even more democratic principles. It abolished race as a limit on male suffrage, granted some rights to women, and provided for public education. Notably, this constitution also included provisions for the deaf and blind in schools.
In summary, the role of religion in South Carolina's constitutional struggle has evolved over time. While the initial constitutions balanced religious toleration with a land-based governance system, later revisions reflected a shift toward disestablishment and democratic ideals. The state's constitutional history demonstrates a dynamic relationship between religion and governance, with the changing social and political landscape influencing the role and expression of religion within the state's foundational documents.
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Frequently asked questions
South Carolina's constitutional struggle was primarily centred around the state's declaration of secession from the Federal Union in 1852. The state's delegates assembled and declared that frequent violations of the US Constitution by the Federal Government, as well as encroachments upon the rights of the states, justified South Carolina's withdrawal from the Union. This was influenced by the desire to protect the institution of slavery, which was under threat from growing anti-slavery sentiment in the North.
Following the election of Abraham Lincoln in 1860, South Carolina became the first state to secede from the Union. The state's constitutional convention in 1868 resulted in a new constitution that embodied democratic principles, including suffrage for Black men, the abolition of debtors' prisons, and the provision of public education.
South Carolina's constitutional struggle and subsequent secession played a role in the lead-up to the American Civil War. The state's efforts to protect slavery and assert its independence from the Federal Government contributed to the deepening sectional tensions that ultimately led to the war.
