Fundamental Constitutions of Carolina
Encyclopedia
The Fundamental Constitutions of Carolina were adopted in March 1669 by the eight Lords Proprietor of the Province of Carolina
, which included most of the land between what is now Virginia
and Florida
. It replaced the Charter of Carolina and the Concessions and Agreements of the Lords Proprietors of the Province of Carolina (1665). Unpopular with many of the early settlers, the Fundamental Constitutions were never ratified by the assembly, and were largely abandoned by 1700.
, in collaboration with his patron Anthony Ashley-Cooper, 1st Earl of Shaftesbury, a leading Lord Proprietor with a long-standing interest in colonial affairs. While there is some question of the degree to which Locke, as Shaftesbury's secretary, bears responsibility for their final form, most likely the pair were the document's principal architects, the other proprietors making minor contributions.
institutions of serfdom and slavery.
was established as the official state church, Dissenters
were offered both civil and political rights in the new colony. Elections were to be held by secret ballot
, which was not yet common practice in England in the seventeenth century. Laws were to expire automatically after one hundred years, thus preventing outdated regulations from remaining on the books.
in England. The two major ranks in the Carolina nobility would be the landgraves
, with 48,000 acres (194 km²) apiece, and the caciques with 24,000 acres (97 km²) apiece. The Fundamental Constitutions envisioned a society that would also include both serfs (called "leetmen") and slaves. The unicameral parliament would be permitted to debate only those measures that had previously been approved by the Lords Proprietors, thus ensuring that the proprietors maintained control over colonial affairs.
(today's South Carolina
), who preferred the more flexible royal charter as a basis for government. Consequently, the Fundamental Constitutions were never ratified by the assembly, and they were largely abandoned as an instrument of government by 1700. Nevertheless, several of their provisions, such as the guarantee of religious freedom and the modest property requirement for suffrage, helped to shape the culture of South Carolina and, later, of North Carolina
.
Province of Carolina
The Province of Carolina, originally chartered in 1629, was an English and later British colony of North America. Because the original Heath charter was unrealized and was ruled invalid, a new charter was issued to a group of eight English noblemen, the Lords Proprietors, in 1663...
, which included most of the land between what is now Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
and Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. It replaced the Charter of Carolina and the Concessions and Agreements of the Lords Proprietors of the Province of Carolina (1665). Unpopular with many of the early settlers, the Fundamental Constitutions were never ratified by the assembly, and were largely abandoned by 1700.
Authorship
The Fundamental Constitutions are usually attributed to John LockeJohn Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
, in collaboration with his patron Anthony Ashley-Cooper, 1st Earl of Shaftesbury, a leading Lord Proprietor with a long-standing interest in colonial affairs. While there is some question of the degree to which Locke, as Shaftesbury's secretary, bears responsibility for their final form, most likely the pair were the document's principal architects, the other proprietors making minor contributions.
Mixture of ideologies
The Fundamental Constitutions contain an intriguing mixture of liberal and feudalist ideas, spanning from then modern concepts of representative government and partial religious freedom to preservation of pre-EnlightenmentAge of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
institutions of serfdom and slavery.
Liberal provisions
On the one hand, the Fundamental Constitutions aimed to create a representative government in which many men could participate. The property requirement for voting was a mere 50 acres (0.2 km²), while the property requirement for holding a seat in the legislature was 500 acres (2 km²). These requirements were both quite modest in a seventeenth-century context. Moreover, although the Church of EnglandChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
was established as the official state church, Dissenters
English Dissenters
English Dissenters were Christians who separated from the Church of England in the 16th, 17th and 18th centuries.They originally agitated for a wide reaching Protestant Reformation of the Established Church, and triumphed briefly under Oliver Cromwell....
were offered both civil and political rights in the new colony. Elections were to be held by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
, which was not yet common practice in England in the seventeenth century. Laws were to expire automatically after one hundred years, thus preventing outdated regulations from remaining on the books.
Feudal provisions
On the other hand, one of the goals of the Fundamental Constitutions was to create an orderly society controlled by a titled, landed gentry in Carolina and ultimately by the Lords ProprietorLords Proprietor
Lords Proprietor was the name for the chief or highest owners or proprietors of certain English proprietary colonies in America, such as Carolina, New Jersey and Barbados....
in England. The two major ranks in the Carolina nobility would be the landgraves
Cassiques
Cassiques and Landgraves were intended to be a fresh new system of titles of specifically American lesser nobility, created for hereditary representatives in a proposed upper house of a bicameral Carolina assembly. They were proposed in the late 17th century and set out in the Fundamental...
, with 48,000 acres (194 km²) apiece, and the caciques with 24,000 acres (97 km²) apiece. The Fundamental Constitutions envisioned a society that would also include both serfs (called "leetmen") and slaves. The unicameral parliament would be permitted to debate only those measures that had previously been approved by the Lords Proprietors, thus ensuring that the proprietors maintained control over colonial affairs.
Failure to ratify
The Fundamental Constitutions were unpopular with most of the early settlers in the southern half of the ProvinceProvince of South Carolina
The South Carolina Colony, or Province of South Carolina, was originally part of the Province of Carolina, which was chartered in 1663. The colony later became the U.S. state of South Carolina....
(today's South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
), who preferred the more flexible royal charter as a basis for government. Consequently, the Fundamental Constitutions were never ratified by the assembly, and they were largely abandoned as an instrument of government by 1700. Nevertheless, several of their provisions, such as the guarantee of religious freedom and the modest property requirement for suffrage, helped to shape the culture of South Carolina and, later, of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
.
See also
- British colonization of the AmericasBritish colonization of the AmericasBritish colonization of the Americas began in 1607 in Jamestown, Virginia and reached its peak when colonies had been established throughout the Americas...
- colonial period of South CarolinaColonial period of South CarolinaThe history of the colonial period of South Carolina focuses on the English colonization that created one of the original Thirteen Colonies. Major settlement began after 1712 as the northern half of the British colony of Carolina attracted frontiersmen from Pennsylvania and Virginia, while the...
- North Carolina ConstitutionNorth Carolina ConstitutionThe Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, United States; it is the highest legal document for the state and subjugates North Carolina law...
- Colony of Carolina (comprising the Province of Albemarle and the Province of Clarendon)Province of CarolinaThe Province of Carolina, originally chartered in 1629, was an English and later British colony of North America. Because the original Heath charter was unrealized and was ruled invalid, a new charter was issued to a group of eight English noblemen, the Lords Proprietors, in 1663...
- Province of North CarolinaProvince of North CarolinaThe Province of North Carolina was originally part of the Province of Carolina in British America, which was chartered by eight Lords Proprietor. The province later became the U.S. states of North Carolina and Tennessee....
- Province of South CarolinaProvince of South CarolinaThe South Carolina Colony, or Province of South Carolina, was originally part of the Province of Carolina, which was chartered in 1663. The colony later became the U.S. state of South Carolina....
- South Carolina ConstitutionSouth Carolina ConstitutionThe Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895...