The Fundamental Constitutions of Carolina were a significant legal document in the history of the Province of Carolina, drafted in 1669. This document was created under the direction of Anthony Ashley Cooper, with the assistance of the philosopher John Locke. It aimed to establish a structured government for the colony, promoting aristocracy and slavery. Despite its ambitious goals, the Constitutions faced challenges and were eventually suspended
in 1690.
Drafting and Adoption
The Fundamental Constitutions of Carolina were adopted on March 1, 1669, by the eight Lords Proprietors of the Province of Carolina. These proprietors were granted the land by Charles II, covering most of the area between present-day Virginia and Florida. The Constitutions replaced earlier documents, such as the Charter of Carolina and the Concessions and Agreements of the Lords Proprietors of the Province of Carolina from 1665. The drafting process involved John Locke, who served as a secretary to Anthony Ashley Cooper, the 1st Earl of Shaftesbury. Locke's involvement was significant, although historians debate the extent of his influence on the document.
Key Features and Controversies
The Constitutions introduced several notable features, including religious tolerance and a hierarchical government structure. Article 97 provided safeguards for religious groups seeking refuge, allowing any seven or more persons agreeing in any religion to constitute a church. This level of religious tolerance was remarkable for the time and was noted by figures such as Voltaire. However, the document also promoted aristocracy and slavery, with Article 110 granting absolute power to slaveholders over their slaves. This provision reflected the less liberal elements of the Constitutions compared to Locke's later works.
Suspension and Legacy
Despite the ambitious vision of the Fundamental Constitutions, they faced challenges in implementation. The proprietors introduced new versions in 1682 and 1698, but the document was suspended in 1690. The colonists officially recognized the version from July 21, 1669, indicating a disconnect between the proprietors' claims and the colonists' acceptance. The Constitutions' promotion of aristocracy and slavery left a lasting impact on the region, influencing the social and political landscape of North America. The document's legacy is complex, reflecting both progressive ideas of religious tolerance and regressive elements of hierarchy and slavery.
