Simone Lawson
South Carolina has had seven constitutions, the first of which was adopted in 1669. The current constitution came into effect on December 4, 1895. 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 constitution of 1778 was framed by the general assembly of South Carolina and passed as an act on March 19, 1778, though it did not come into effect until November of that year. It was the only constitution to be submitted directly to the popular electorate for approval. The 1868 constitution was revolutionary because it embodied democratic principles absent from previous constitutions.
| Characteristics | Values |
|---|---|
| Date of adoption | March 26, 1776 |
| Legislative authority | Vested in a general assembly, consisting of a senate and a house of representatives |
| Governor and commander-in-chief | To be chosen jointly by the senate and house of representatives, to continue for two years, and to be of the Protestant religion |
| Lieutenant-governor | To be chosen jointly by the senate and house of representatives, to continue for two years, and to be of the Protestant religion |
| Privy council | To be chosen jointly by the senate and house of representatives, to continue for two years, and to be of the Protestant religion |
| Oath of office | All persons appointed to any office shall take an oath to support, maintain, and defend the constitution of South Carolina |
| General assembly | To be a full and free representation of the people of the colony, deemed the general assembly of South Carolina, and to continue until October 21, 1776 |
| Legislative council | To consist of 13 members, 7 of whom shall form a quorum, and to be chosen by the general assembly |
| President and commander-in-chief | To be chosen jointly by the general assembly and legislative council, or from among the people at large |
| Vice-president of the colony | To be chosen jointly by the general assembly and legislative council, or from among the people at large |
| Penal laws | To be reformed, with punishments made less harsh and more proportionate to the crime |
| Military | To be subordinate to the civil power of the state |
| Liberty of the press | To be inviolably preserved |
| Amendment process | No part of the constitution shall be altered without 90 days' notice and the consent of a majority of the senate and house of representatives |
| State name | To be known as the State of South Carolina |
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What You'll Learn
- The first constitution was written in 1669 by Anthony Ashley Cooper and John Locke
- It was based on religious freedom and a government by landownership
- The 1778 constitution was passed by the general assembly of South Carolina
- The 1868 constitution was the only one submitted to the popular electorate for approval
- The 1895 constitution was adopted at a critical turning point in the state's history
The first constitution was written in 1669 by Anthony Ashley Cooper and John Locke
The first constitution of South Carolina, known as the Fundamental Constitutions of Carolina, was written in 1669 by Anthony Ashley Cooper, the lead colonial proprietor, and his secretary, John Locke. The document outlined a society based on hereditary property and religious toleration (except for Catholics) and established a system of government based on land ownership. It placed the eight proprietors of the colony at the head of its government, creating a nobility of men called landgraves.
The Fundamental Constitutions of Carolina were drafted during Locke's service as secretary to Cooper, one of the Province of Carolina proprietors. As such, it is widely believed that Locke played a significant role in creating the constitution. Historians David Armitage and political scientist Vicki Hsueh, for instance, argue that the constitution was co-authored by Locke and Cooper. However, historian Holly Brewer contends that Locke's role was more akin to that of a lawyer drafting a will, as the document was legally written for, and signed and sealed by, the eight Lord Proprietors to whom Charles II had granted the colony.
The first draft of the constitution, also known as the "Grand Model," is in Locke's handwriting. This draft was shipped to Port Royal in the fall of 1669, with another copy sent to the settlement at Albemarle on the West Ashley River, arriving in early 1670. This version outlined a society where it was not legal to sell or purchase land, and all settlers in Carolina were required to pledge their support for the constitution and their allegiance to the proprietors.
Four other versions of the Fundamental Constitutions were drafted between 1669 and 1698, with the last edition issued in 1698. Over time, more political power was granted to the colonists, and the 1670 draft was altered to encourage settlement by various religious groups, including Huguenots, Baptists, and Congregationalists. The final version of the document was much shorter than the original and removed much of the focus on an established aristocracy.
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It was based on religious freedom and a government by landownership
South Carolina's first constitution, the Fundamental Constitutions of Carolina, was written in 1669 by the colonial proprietor Anthony Ashley Cooper, the 1st Earl of Shaftesbury, and his secretary, John Locke. The constitution was based on religious freedom and a government by landownership. It established a system of government that encouraged new settlement based on landownership and provided for religious freedom (except for Catholics). The document placed the eight proprietors of the colony at the head of its government and framed the colony as a social hierarchy.
The Fundamental Constitutions were influenced by philosophers such as James Harrington and encouraged new settlement. It also inspired the colonial Commons House of Assembly, which became the significant governing body of the colony. This early constitution was temporary and suited to the situation of the time, with the British colonies still seeking an accommodation with Great Britain.
The constitution framed by the Provincial Congress of South Carolina in 1776 was not submitted to the people for ratification. It established a general assembly, consisting of a senate and a house of representatives, with a governor and commander-in-chief, a lieutenant-governor, and a privy council, all of the Protestant religion. This constitution was also temporary, and the 1778 constitution, passed by the general assembly, was soon declared to be repealable or amendable at the pleasure of the assembly.
The 1868 constitution was revolutionary, embodying democratic principles absent from previous constitutions. It provided for representation in the House based solely on population, rather than wealth, and continued the popular election of the governor. It also abolished race as a condition for suffrage, opening all public schools to all races and providing for a uniform system of free public schools.
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The 1778 constitution was passed by the general assembly of South Carolina
South Carolina has had a long and complex constitutional history, with the state adopting several constitutions over the years. The first constitution of South Carolina, known as the "Fundamental Constitutions of Carolina", was written in 1669. However, the focus here is on the 1778 constitution and the role of the general assembly in its passage.
The 1778 Constitution of South Carolina was a significant document in the state's history, building upon the previous constitution of 1776. It was passed by the General Assembly of South Carolina, the legislative body of the state, on March 19, 1778, and took effect in November of the same year. This constitution was crafted to suit the new political reality of the United States as the colonies had declared independence from Great Britain in 1776.
The 1778 constitution established the "State of South Carolina" and vested legislative authority in the General Assembly, which consisted of two distinct bodies: a senate and a house of representatives. It also outlined the process for electing a governor and commander-in-chief, a lieutenant governor, and a privy council, all of whom were required to be of the Protestant religion. The constitution further emphasized the importance of a free press, stating that "the liberty of the press shall be inviolably preserved."
One of the notable aspects of the 1778 constitution was its temporary nature. It was intended to be a stopgap measure, as indicated in the preamble, which states that the previous constitution of 1776 was "temporary only and suited to the situation of their public affairs at that period." The 1778 constitution was designed to bridge the gap between the initial declaration of independence and the establishment of a more permanent form of government.
Additionally, the 1778 constitution addressed various other issues, including the division of the state into districts and counties, the reform of penal laws to make punishments more proportionate to crimes, and the protection of the rights of freemen. It also outlined the process for amending the constitution, requiring a 90-day notice period and the consent of a majority in both the senate and the house of representatives.
In summary, the 1778 Constitution of South Carolina played a crucial role in shaping the state's governance during a pivotal moment in American history. Its passage by the General Assembly reflected the state's legislative process and addressed the need for a more permanent constitutional framework following the colonies' independence from Great Britain.
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The 1868 constitution was the only one submitted to the popular electorate for approval
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The 1868 constitution was the only one submitted to the popular electorate for approval.
The 1868 constitution was adopted during the Reconstruction era, a critical turning point in the state's history. It was revolutionary because it embodied many democratic principles absent from previous constitutions. For the first time in South Carolina's history, African American men voted in the election for delegates, and three-fifths of the total were black. Many whites refused to participate in the ratification election.
The 1868 constitution provided for population alone, rather than wealth or the combination of wealth and population, as the basis for House representation. It also continued the popular election of the governor. The document abolished debtors' prison, created counties, gave some rights to women, and provided for public education. It also abolished race as a condition for suffrage, overturned Black codes, and opened all public schools to all races.
Despite the provisions of the 1868 constitution, in 1876, whites regained control of the state government. Known as Redeemers or Bourbon Democrats, these men consisted of the former plantation elite and set about undermining the Reconstruction-era document.
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The 1895 constitution was adopted at a critical turning point in the state's history
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The 1895 constitution was adopted at a critical turning point in the state's history, following a period of general economic distress. This constitution was the seventh and last to be adopted by the state and came into effect on December 4, 1895.
The constitution of 1895 was preceded by the 1868 constitution, which was drafted during the Reconstruction era following the American Civil War. This was a significant document as it embodied many democratic principles that were absent from previous constitutions. It provided for population alone, rather than wealth or a combination of wealth and population, to be the basis for House representation. It also continued the popular election of the governor.
However, in 1876, whites regained control of the state government, undermining the progress made by the 1868 constitution. Known as Redeemers or Bourbon Democrats, these men were the former plantation elite and set about undoing the Reconstruction-era document. This led to a period of economic distress in the state, which eventually culminated in the adoption of the 1895 constitution.
The 1895 constitution was a response to the changing social and political landscape of South Carolina, as the state's rural traditions gave way to urbanization, industrialization, and tourism. It established the foundations for more independent and effective executive and judicial branches and created a basis for more self-directed local governments. As such, the constitution of 1895 played a critical role in shaping the state's future and ensuring that it joined other states in relying on its state constitution to direct important public policy decisions.
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Frequently asked questions
1669.
The lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke.
The Fundamental Constitutions of Carolina.
A social hierarchy based on landownership and religious freedom.
Religious toleration for all except Catholics.
