Malcolm Rivera
The 1895 Constitution of South Carolina was the state's seventh constitution and was adopted to allow the state government to become more centralized. It severely limited the rights of African Americans, with most no longer able to vote. The constitution also established the public school system in South Carolina and gave greater authority to the General Assembly to run the state.
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What You'll Learn
- The 1895 Constitution allowed the state government to become more centralized
- The General Assembly was given greater authority to govern the state
- The rights of African Americans in South Carolina were severely limited
- The constitution introduced a more rigorous voter registration process
- The preamble establishes the principle of popular sovereignty
The 1895 Constitution allowed the state government to become more centralized
The 1895 Constitution of South Carolina allowed the state government to become more centralized. The constitution, which came into effect on December 4, 1895, was the seventh in the state's history, replacing the previous iteration from 1868. The 1895 Constitution gave greater authority to the General Assembly to run the state, which included severely limiting the rights of South Carolina's African American citizens.
The 1895 Constitution shifted the focus of voter registration from "personhood" to "intelligence". This meant that until January 1, 1898, individuals had to answer questions about any constitutional provision to qualify as a voter. The constitution envisioned "the people" not as the whole of South Carolina's population but as the white male elites who had the right to vote at the time. This move towards centralized governance under the General Assembly was a reaction to the dominance of Lowcountry elites and their affluent "Bourbon" allies.
The 1895 Constitution also established the principle of popular sovereignty, which was reflected in the preamble. Additionally, it created several elected offices within the state government, including the Secretary of State, Commissioner of Agriculture, and Comptroller General. The constitution also regulated the creation of counties, with Saluda County being formed out of Edgefield County.
The 1895 Constitution of South Carolina, therefore, centralized power in the hands of the General Assembly and certain elected officials, while also limiting the rights of African Americans and restricting voting rights to white male elites. This marked a shift in the balance of power and represented a departure from the previous constitution's commitment to civil rights and equal protection.
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The General Assembly was given greater authority to govern the state
South Carolina's 1895 Constitution gave greater authority to the General Assembly to govern the state. This was the state's seventh constitution, and it was adopted at a critical turning point in South Carolina's history, following economic distress. The constitution was amended 330 times between 1895 and 1968, making it one of the longest state constitutions in the US.
The 1895 Constitution allowed the state government to become more centralized. The General Assembly was given greater power to run the state, and this included severely limiting the rights of African American citizens. The voter registration focus shifted from "personhood" to "intelligence". Potential voters had to answer questions about any constitutional provision to qualify as a voter until January 1, 1898. The constitution envisioned "the people" as white male elites who had suffrage at the time.
Article I of the constitution, which deals with the state's electoral process, was reorganized in 1971. While section six permits the General Assembly to allow for literacy tests for voting, this was outlawed by the Voting Rights Act of 1965. Article VI clarified and increased the governor's removal powers, allowing the suspension of any state or local official (except legislators or judges) indicted by a grand jury. It also included the "long ballot", which allowed for the election of several state officials, including the secretary of state, attorney general, and superintendent of education.
Article VII regulates the creation of counties, and it was amended in 1970 to authorize the creation of regional councils of government. The 1895 convention created Saluda County out of Edgefield County, and since then, ten new counties have been created, for a total of forty-six.
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The rights of African Americans in South Carolina were severely limited
The 1895 Constitution aimed to centralize power in the state government and increase the authority of the General Assembly. One of the main ways it limited the rights of African Americans was through the disenfranchisement of Black voters. The voter registration requirements changed from "personhood" in the 1868 Constitution to "intelligence" in the 1895 Constitution, which included literacy tests and ownership of property. These new requirements were designed to bar African Americans from participating in the political process, as they were often uneducated due to previous laws that had prevented them from accessing education.
The 1895 Constitution also required individuals to answer questions about any constitutional provision to qualify as a voter. These changes disproportionately impacted African Americans and poor whites, who had historically been denied equal access to education. The motivations behind the new constitution were clear: white male elites feared the growing political power of African Americans and sought to preserve their dominance.
In addition to restricting voting rights, the 1895 Constitution also limited the rights of African Americans in other ways. For example, it substantially reduced home rule and increased the power of local governments, which were often controlled by whites who opposed racial equality. The constitution was amended numerous times between 1895 and 1968, further shaping the rights and protections afforded to citizens.
The South Carolina Constitution of 1895 marked a significant setback for African Americans in the state, reversing many of the gains made during the Reconstruction era. It institutionalized racial discrimination and disenfranchisement, reflecting the prevailing attitudes and fears of white elites at the time.
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The constitution introduced a more rigorous voter registration process
South Carolina's 1895 Constitution introduced a more rigorous voter registration process, marking a significant shift from the previous requirements. The new constitution centralised power in the state government, granting the General Assembly greater authority to oversee the state's affairs.
Prior to 1895, voter registration limits were lower, with voting rights extended to all male citizens above the age of 21. However, with the new constitution, the criteria for voter eligibility evolved from a focus on ""personhood"" to one of "intelligence." This change disproportionately affected African Americans, as the new registration process was designed to disenfranchise them.
The 1895 Constitution introduced a qualification test as a prerequisite for voting. Prospective voters were required to demonstrate their understanding of constitutional provisions by answering questions about any aspect of the constitution. This intellectual test was a barrier to voting for many, especially African Americans, who were often denied equal educational opportunities.
The implementation of this rigorous voter registration process under the 1895 Constitution reflected the political climate of the time. Many white citizens feared the growing political power of African Americans, prompting Governor John Gary Evans and Senator Benjamin Tillman to advocate for a new constitutional convention in 1894. The convention, approved by a narrow margin, set the stage for the stricter voter registration requirements that took effect in 1895.
The impact of these changes was significant, as they effectively stripped most African Americans of their right to vote. This regression in civil rights contrasted sharply with the progress made under the previous 1868 Constitution, which had granted voting rights to African American men and mandated education for all.
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The preamble establishes the principle of popular sovereignty
The preamble of a constitution introduces the purpose of the constitution and establishes the principle of popular sovereignty. The 1895 South Carolina Constitution's preamble reads:
> We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.
This preamble establishes the principle of popular sovereignty by stating that the power to create and amend the constitution comes from the people of South Carolina. However, it is important to note that at the time of its adoption in 1895, "the people" referred specifically to white male elites who had suffrage, excluding the majority of South Carolina's population, including African Americans.
The 1895 Constitution of South Carolina made significant changes to the state's political system, including centralizing power in the state government and granting greater authority to the General Assembly to run the state. This shift in power dynamics led to a severe limitation of the rights of African American citizens. The constitution's framers intentionally changed the focus of voter registration from "personhood" in the previous 1868 constitution to "intelligence" in the 1895 version, requiring individuals to answer questions about constitutional provisions to qualify as voters. This change effectively disenfranchised African Americans and barred them from participating in the political process.
The 1895 Constitution of South Carolina also provided funding for primary education and established a system of liquor control in the state, known as the Dispensary. It was amended numerous times between 1895 and 1968, making it one of the longest state constitutions in the United States. Many of the rights outlined in the constitution mirror those found in the federal Bill of Rights, such as freedom of speech, religion, and protection from double jeopardy. Additionally, it includes provisions not found in the federal constitution, such as a prohibition on debtors' prisons and a section defining South Carolina residency.
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Frequently asked questions
4th December 1895.
The 1895 Constitution allowed the state government to become more centralized and gave greater authority to the General Assembly to run the state.
The 1895 Constitution severely limited the rights of African American citizens. Voting was restricted to those who could answer questions about any constitutional provision.
The 1895 Constitution gave more power to the General Assembly, which was dominated by white male elites. This allowed them to suppress the rights of African Americans and centralized power in the state.
The 1895 Constitution included provisions that are also found in the federal Bill of Rights, such as freedom of speech and religion. It also included unique provisions, such as a prohibition on debtors' prisons.
