Malcolm Rivera
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The state's first constitution was written by colonial proprietor Anthony Ashley Cooper and his secretary, John Locke. The most recent constitution, adopted in 1895, was motivated by the desire to disenfranchise Black voters. The 1895 constitution created requirements for voting, such as residency length, poll taxes, literacy tests, and property ownership. South Carolina's various constitutions have reflected critical turning points in the state's history, including its entry into the federal union in 1790, Reconstruction in 1868, and economic distress in 1895.
| Characteristics | Values |
|---|---|
| Year of adoption | 1865 |
| Reason for adoption | To recognize the abolition of slavery, equalize legislative representation, and be readmitted to the Union after the Civil War |
| Changes made | Direct elections for the governor, governor's veto power, bill of rights |
| Previous constitution | 1861 |
| Next constitution | 1868 |
| Number of constitutions | 7 |
| First constitution | 1669 |
| Latest constitution | 1895 |
Explore related products
What You'll Learn
To recognise the abolition of slavery
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The adoption of a new constitution in 1865 was to recognise the abolition of slavery and further equalise legislative representation.
The 1865 Constitution
The 1865 Constitution was adopted following the end of the Civil War. It recognised the abolition of slavery and further equalised legislative representation. However, this equalisation only recognised the white population, and only white men could be elected to the legislature. The 1865 Constitution also included a bill of rights, which was absent from prior constitutions.
The 14th Amendment
In 1867, Radical Republicans took control of the U.S. Congress and ended Presidential Reconstruction. Under the Reconstruction Acts, the former Confederate states were required to adopt new constitutions and ratify the 14th Amendment. As a result, South Carolina was required to adopt a new framework of government.
The 1868 Constitution
In April 1868, South Carolina voters approved a new constitution. This constitution was revolutionary as it embodied many democratic principles absent from previous constitutions. It provided for population alone, rather than wealth or the combination of wealth and population, as the basis for House representation. It continued the popular election of the governor and abolished debtors' prisons, property ownership as a qualification for office holding, and race-based limits on male suffrage.
The 1895 Constitution
The 1895 Constitution was adopted by a convention and not submitted to a popular referendum. It re-introduced the Black Codes as Jim Crow laws, disenfranchising Black voters through requirements such as length of residency, poll taxes, literacy tests, and property ownership.
Seeking Relief: Understanding Manifest Constitutional Errors
You may want to see also
To equalise legislative representation
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The adoption of the US Constitution in 1787 prompted South Carolina to revise its constitution in 1790. However, the 1790 constitution maintained an imbalanced legislative apportionment scheme, which favoured the Lowcountry and dissatisfied many Upstate residents.
In 1794, a group of prominent Upstate residents, including Wade Hampton I and John Kershaw, formed the Representative Reform Association to challenge the system. Despite initial rejection from the Lowcountry-dominated legislature, the Upcountry residents eventually prevailed. In 1808, the constitution was amended to create an apportionment system based on the total white population.
The 1865 constitution, adopted after the Civil War, further equalised legislative representation. However, this equalisation only recognised the white population, and only white men could be elected to the legislature. The 1868 constitution, approved by South Carolina voters, was revolutionary as it embodied many democratic principles absent from previous constitutions. It provided for population alone, rather than wealth or a combination of wealth and population, as the basis for House representation. It also continued the popular election of the governor, abolished debtors' prison, provided for public education, and abolished property ownership as a qualification for office holding.
The 1895 constitution, on the other hand, was adopted by a convention without a popular referendum. It re-introduced requirements for voting, including residency, poll taxes, literacy tests, and property ownership, which effectively disenfranchised Black voters.
Who Drafted the Texas Constitution of 1869?
You may want to see also
To grant suffrage to all white men over 21
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The state's current constitution was adopted on December 4, 1895.
The 1868 constitution was significant because it embodied many democratic principles absent from previous constitutions. It 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, abolished debtors' prison, provided for public education, and abolished property ownership as a qualification for office holding.
However, it is important to note that the 1868 constitution was short-lived. By 1874, conservative Democrats had retaken control of the U.S. Congress, and the Republicans began to divide on the issue of Reconstruction.
The 1895 constitution, drafted by an all-white convention with only six Black delegates, created many requirements to vote, including the length of residency, poll taxes, literacy tests, and property ownership. These requirements effectively disenfranchised Black voters in the state.
The 1810 amendment to the 1790 constitution granted suffrage to all white men over the age of twenty-one. This amendment was adopted after the Upcountry residents, aligned with the newly ascendant Democratic-Republican Party, challenged the system that favored the Lowcountry-dominated legislature. The amendment created an apportionment system based on the total white population, addressing the concerns of the Upcountry residents.
Understanding the Fundamentals of Legal Consideration
You may want to see also
Explore related products
To re-enter the Union after the Civil War
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The adoption of a new constitution in 1865 and 1868 was to re-enter the Union after the Civil War.
In 1865, South Carolina held a constitutional convention, adopting a new constitution that recognised the abolition of slavery and further equalised legislative representation. However, this equalisation only recognised the white population, and only white men could be elected to the legislature. The 1865 constitution also implemented direct elections for the governor and granted him veto power.
In 1867, Radical Republicans took control of the U.S. Congress and passed the Reconstruction Acts, requiring former Confederate states to adopt new constitutions and ratify the 14th Amendment. As a result, South Carolina was required to hold another constitutional convention in 1868 to adopt a new framework of government. This convention was revolutionary as it embodied democratic principles absent from previous constitutions. The 1868 constitution 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.
The 1868 constitution was approved by popular vote, but it did not last long. By 1874, conservative Democrats had retaken control of Congress, and Reconstruction efforts waned. By 1895, Benjamin Tillman, an extremely conservative Democrat, had become governor and later a senator. He successfully pushed for a convention to rewrite the state constitution to disenfranchise Black voters.
The Constitution's Principal Writer: Who Shaped America's Destiny
You may want to see also
To disenfranchise Black voters
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The 1895 constitution was adopted to disenfranchise Black voters.
The 1868 constitution, approved by voters in April 1868, was considered too radical by conservative white residents. It was the first constitution approved by popular vote, and it was adopted at a critical turning point in the state's history during Reconstruction. It was revolutionary because it embodied many democratic principles absent from previous constitutions. 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, 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, overturned the Black Codes, and opened all public schools to all races.
However, by 1874, conservative Democrats had retaken control of the U.S. Congress, and the Republicans began to divide on the issue of Reconstruction. By 1890, Benjamin Tillman had been elected governor by appealing to white farmers, a minority of the state's total population. Tillman, an extremely conservative Democrat, wanted to rewrite the state constitution to disenfranchise Black voters. In 1895, he got his chance, with only six Black delegates. The 1895 constitution created many requirements to vote, including the length of residency, poll taxes, literacy tests, and property ownership. Literacy tests remained in place until the federal Voting Rights Act of 1965.
Charles Cotesworth Pinckney: Constitution Convention's Key Player
You may want to see also
Frequently asked questions
The adoption of the Constitution of the United States in 1787 prompted South Carolinians to revise their constitution.
The new constitution recognized the abolition of slavery and equalized legislative representation. Direct elections for the governor were implemented, and the governor received the power of veto.
The 1868 constitution was revolutionary as it embodied many democratic principles absent from previous constitutions. It provided for population alone, rather than wealth, as the basis for House representation. It also continued with the popular election of the governor, abolished debtors' prison, provided for public education, and granted some rights to women.
The 1895 constitution was adopted by a convention and not submitted to a popular referendum. It created many requirements to vote, including the length of residency, poll taxes, and literacy tests or property ownership.
The constitution of 1776 was temporary, and suited to the situation of their public affairs at that time. It was looking forward to an accommodation with Great Britain.
