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Fundamental Constitutions of Carolina

 
US History Encyclopedia: Fundamental Constitutions of Carolina

Carolina, Fundamental Constitutions Of, drafted in 1669, reflected the Crown's attempts to establish a highly traditional social order in the American colonies and to undermine the considerable power of the existing General Assembly. While maintaining the right to religious liberty, the document regulated the proprietary colonies according to the legally established Church of England and placed control in the hands of gentry. It called for a manorial system in which serfs would be bound to land controlled by nobility and established a palatine's court composed of eight proprietors. The oldest lord proprietor in residence would be governor.

In North Carolina, which was settled primarily by poor farmers who had migrated from Virginia, the Fundamental Constitutions proved unenforceable. Settlers refused to live on manors and chose instead to manage their own small farms. Led by John Culpeper, farmers rebelled against taxes on their tobacco and annual quit-rents; in 1677 they deposed the governor and forced the proprietors to abandon most of their land claims.

In South Carolina the Fundamental Constitutions fared no better. There, too, colonists refused to accept either the established laws or the quitrents and chose instead to forge their own economic system, dependent on enslaved African labor from Barbados. Slaves were used to raise cattle and food crops for trade with the West Indies. The Fundamental Constitutions were revised into obsolescence by the close of the seventeenth century.

Bibliography

Craven, Wesley Frank. The Colonies in Transition, 1660–1713. New York: Harper and Row, 1968.

Kammen, Michael. Deputyes & Libertyes: The Origins of Representative Government in Colonial America. New York: Knopf, 1969.

—Leslie J. Lindenauer

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Wikipedia: Fundamental Constitutions of Carolina
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First page of the Fundamental Constitutions of Carolina.

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 in 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.

Contents

Authorship

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Part of a series on
John Locke
Social contract
Limited government
Tabula rasa
State of nature
Right to property
Labor theory of property
Lockean proviso
Works
Fundamental Constitutions
of Carolina
(1669)
A Letter Concerning Toleration (1689)
Two Treatises of Government (1689)
An Essay Concerning
Human Understanding
(1690)
Some Thoughts Concerning
Education
(1693)
Of the Conduct of
the Understanding
(1706)
Notable People
Robert Filmer
Thomas Hobbes
1st Earl of Shaftesbury
David Hume
Jean-Jacques Rousseau
Adam Smith
Immanuel Kant
Thomas Jefferson
Related
Empiricism
Classical liberalism
Polish brethren

The Fundamental Constitutions are usually attributed to John Locke, in collaboration with his patron Anthony Ashley-Cooper, 1st Earl of Shaftesbury, a leading Lords Proprietors 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 are the document's princial 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-Enlightenment 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 England 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 sixty 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 Proprietor in England. The two major ranks in the Carolina nobility would be the landgraves, with 48,000 acres (190 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 Province (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.

See also

References and further reading

  • Sirmans, M. Eugene. Colonial South Carolina: A Political History, 1663-1763. Chapel Hill: University of North Carolina Press, 1966.
  • Weir, Robert M. Colonial South Carolina: A History. Columbia: University of South Carolina Press, 1997.

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