Eleanor Finch
South Carolina has had a total of seven constitutions, adopted in 1669, 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The constitution of 1778 formally recognized South Carolina's independence from Great Britain, and the Church of England was disestablished in the state. The 1790 constitution was adopted after South Carolina entered the federal union, and the 1868 constitution was adopted during Reconstruction. The 1895 constitution, considered the current governing document, was adopted in response to economic distress. Several individuals have contributed to the constitutions of South Carolina, including Rawlins Lowndes, Edward Rutledge, Pierce Butler, and Charles Cotesworth Pinckney.
| Characteristics | Values |
|---|---|
| Number of constitutions | 7 |
| First constitution | 1669 |
| Current constitution | 1895 |
| First governmental framework | Fundamental Constitutions of Carolina |
| Authors of the first governmental framework | Anthony Ashley Cooper, 1st Earl of Shaftesbury and his secretary John Locke |
| First constitution after becoming a free and independent state | 1776 |
| First state constitution | 1776 |
| Constitutional convention | 1790, 1865, 1868, 1895 |
| Key spokesmen for the Madison-Wilson caucus | Pierce Butler |
| Influential Founding Fathers | Charles Cotesworth Pinckney, Christopher Gadsden |
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What You'll Learn
The Founding Fathers: Pierce Butler, Charles Cotesworth Pinckney, and more
Pierce Butler, born in 1744 in Ireland, was one of the most aristocratic Founding Fathers from South Carolina. He came from a family of British aristocracy and pursued a military career, becoming a major in His Majesty's 29th Regiment. During the colonial unrest, he was posted to Boston in 1768 to quell disturbances. When the Revolution broke out, Butler took up the Whig cause and was elected to the assembly in 1778. He later served as adjutant general in the South Carolina militia in 1779 and took over leadership of the democratic upcountry faction in the state, refusing to support his planter group. In 1786, he was appointed to a commission to settle a state boundary dispute, and the following year, he was elected to the Continental Congress and the Constitutional Convention. At the convention, he was an outspoken nationalist and a key spokesman for the Madison-Wilson caucus.
Charles Cotesworth Pinckney, cousin of Charles Pinckney, was also a Founding Father from South Carolina. He was a leader of the Federalist Party and played a significant role in swaying members of the body to vote to unanimously disestablish the Church of England in South Carolina.
Another Founding Father from South Carolina was Charles Pinckney, cousin of Charles Cotesworth Pinckney. Although one of the youngest delegates, he claimed to have been the most influential and contended that his draft was the basis of the final Constitution. Historians have rejected this assertion but recognize his significant contributions to the final draft and the resolution of problems during debates. He also worked for ratification in South Carolina and later became the state's governor from 1789 to 1792.
Other notable Founding Fathers from South Carolina include Edward Rutledge, who helped reorganize the state's government and served as president of the lower house of the legislature from 1776 to 1778, and Wade Hampton I, who formed the Representative Reform Association to challenge the imbalanced apportionment scheme in the constitution.
The Constitution of 1876: A Historical Overview
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The Fundamental Constitutions of Carolina, 1669
The Fundamental Constitutions of Carolina, written in 1669, was the first governmental framework for what is now the state of South Carolina. It was drafted by the lead colonial proprietor, Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary, John Locke. The document was influenced by philosophers such as James Harrington and promoted religious tolerance (except for Catholics) and a system of government based on land ownership.
The Fundamental Constitutions established the eight proprietors of the colony as the head of its government, along with a bicameral parliament. It introduced safeguards for groups seeking religious refuge and outlined a non-common law system that encouraged a feudal social structure. The document was considered "reactionary" and included rules that were difficult for settlers to implement in practice. One of the most notable aspects of the Fundamental Constitutions was its promotion of both aristocracy and slavery in North America. Article 110 stated that "Every freeman of Carolina shall have absolute power and authority over his negro slaves, of whatever opinion or religion soever," granting slaveholders the power of life and death over their slaves.
The Fundamental Constitutions were adopted on March 1, 1669, by the eight Lords Proprietors of the Province of Carolina, which included the land between present-day Virginia and Florida. It replaced the Charter of Carolina and the Concessions and Agreements of the Lords Proprietors from 1665. While the colonists officially recognized the July 21, 1669, version, later versions were introduced in 1682 and 1698. The proprietors suspended the Constitutions in 1690, and it was only partially put into operation before being abrogated in 1693.
The Fundamental Constitutions of Carolina had a significant impact on the power structure in the Carolinas, particularly in shaping land distribution. However, it was never fully employed nor ratified, and concerns arose among colonists regarding the exaltation of proprietors as noblemen and the practical challenges of implementing its rules. Despite this, the document gained attention due to John Locke's involvement, especially in the context of classical liberalism and religious tolerance.
South Carolina has had several constitutions since the Fundamental Constitutions of Carolina, including those adopted in 1776, 1778, 1790, 1861, 1865, 1868, and 1895. Each constitution reflected the changing political and social landscape of the state, addressing issues such as independence from Britain, slavery, democracy, and civil rights.
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The 1778 Constitution: religious disestablishment
The Constitution of South Carolina is the governing document of the U.S. state of South Carolina. It outlines the structure and function of the state's government. South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The 1778 Constitution replaced a temporary constitution written in 1777 and formally recognised South Carolina's independence from Britain.
The 1778 Constitution played a significant role in shaping religious disestablishment in South Carolina. It was influenced by the religious landscape of the state at the time, which was predominantly Christian. The Constitution declared the "Christian Protestant religion" as the state's established religion. This declaration was accompanied by detailed and explicit provisions that set it apart from other state constitutions. For example, it required a Christian confession of faith from churches incorporated by the state.
However, the 1778 Constitution also made strides towards religious liberty and equality. Notably, it omitted a provision for paying ministers from parish funds, making the financial support of religion voluntary. Additionally, it extended corporate status to all Protestant religious societies that affirmed the fundamental Christian doctrines outlined in the Constitution. This extension granted equal civil and religious privileges to Protestant churches, promoting a sense of religious equality within the Protestant denomination.
The Constitution's approach to religious disestablishment was largely influenced by the work of Rev. William Tennent, a Presbyterian minister among the Christian "dissenters" in the state's interior. Tennent advocated for the equal treatment of all Christian denominations before the law, rather than religious neutrality or secularisation. This stance aligned with the religious landscape of South Carolina at the time, which had a small number of non-Christians.
The 1778 Constitution's religious provisions set a precedent for future constitutions in South Carolina. The 1790 Constitution, for example, provided for religious freedom "without distinction or preference," granting equal religious freedom to Protestants and non-Protestant groups, such as Roman Catholics. This evolution towards religious freedom and disestablishment in South Carolina mirrored similar trends in other states, such as Virginia and New Jersey, and contributed to the shaping of religious liberty in the United States.
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The 1865 Constitution: the abolition of slavery
The 13th Amendment to the United States Constitution, passed in 1865, abolished slavery and involuntary servitude across the nation. The Amendment was the first of three Reconstruction Amendments adopted following the American Civil War. While slavery was sparingly mentioned in the Constitution before 1865, the 13th Amendment provided that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction".
The road to the 13th Amendment began in 1863 when President Abraham Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free". Lincoln recognised that this proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The Senate passed the Amendment in April 1864, but the House initially did not. Lincoln took an active role in ensuring the Amendment's passage through Congress, and it was approved by the House of Representatives on January 31, 1865.
On February 1, 1865, President Lincoln approved the Joint Resolution of Congress, submitting the proposed Amendment to state legislatures. By December 6, 1865, the Amendment had been ratified by the required 27 of the then 36 states. Lincoln, unfortunately, did not live to see the ratification, as he was assassinated by a Confederate sympathiser on April 14, 1865, just five days after the Civil War ended. The 13th Amendment was officially certified and accepted into the Constitution on December 18, 1865, marking a significant turning point in American history and expanding the civil rights of Americans.
In the same year that the 13th Amendment was passed, South Carolina adopted a new constitution that recognised the abolition of slavery and further equalised legislative representation. This constitution was adopted following the end of the Civil War. While it did include a bill of rights, it fell short of true democracy, as only the white population was recognised in the equalisation of legislative representation, and only white men could be elected to the legislature. Qualified Black men were not eligible to vote, and civil rights for former slaves were not satisfactorily defined. Due to these issues, Congress disallowed the 1865 constitution and ordered the creation of a new one.
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The 1895 Constitution: the Jim Crow laws
The Jim Crow laws were state and local laws that enforced racial segregation in the Southern United States in the late 19th and early 20th centuries. The term "Jim Crow" originated from a minstrel routine performed by Thomas Dartmouth ("Daddy") Rice, beginning in 1828. It became a derogatory term for Black people and was used to identify the laws that reinstated white supremacy in the American South after the Reconstruction era.
In South Carolina, the Jim Crow Constitution of 1895 was a revision of the state's previous constitution from 1868. The 1868 constitution, created during Reconstruction, was a remarkable document that granted African American males, comprising 60% of the voting population, equal protections under the law. It abolished property ownership as a qualification for office-holding, created a State Board of Education, and made provisions for the deaf and blind, among other progressive measures.
However, by the 1880s, agricultural and labor groups in South Carolina began agitating for a new constitution. Benjamin R. Tillman, elected governor in 1890, capitalized on poor whites' and conservative aristocrats' fears of the political power held by the large African American majority in the state. Tillman's growing political power led to a referendum for a Constitutional Convention in the 1894 general election, which passed despite accusations of fraud.
The 1895 Constitution of South Carolina was adopted by a convention of delegates, which included 112 Tillmanites, 42 Conservatives, and six Republicans (five of whom were Black). This new constitution effectively disenfranchised African Americans through a combination of poll taxes, literacy tests, and residency requirements. While the constitution gave the right to vote to all male property taxpayers who could read and write the state constitution, local white voting registrars could use their discretion to disqualify Black voters. Additionally, the constitution mandated racial segregation in public facilities, reversing the progress made by the previous constitution.
The Jim Crow laws in South Carolina and other Southern states were a manifestation of authoritarian rule directed at one racial group. They were a tool to remove the political and economic gains made by African Americans during the Reconstruction era and reinstate white supremacy in the region.
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Frequently asked questions
The 1778 Constitution of South Carolina was influenced by the Founding Fathers, including Christopher Gadsden, Charles Cotesworth Pinckney, and Pierce Butler.
The 1778 Constitution formally recognised South Carolina's independence from Great Britain, with the legislature adopting the names "Senate" and "House of Representatives". The document also emphasised the role of religion and disestablished the Church of England in South Carolina.
The 1865 Constitution was adopted after the Civil War and acknowledged the abolition of slavery. It also equalised legislative representation, but only for the white population, as qualified Black individuals were still denied the right to vote.
The 1895 Constitution was influenced by agricultural and labour groups and was adopted by a convention without a popular referendum. It continued the tradition of legislative control of local government and gave rise to Jim Crow laws, which disenfranchised African Americans through literacy tests and poll taxes.
