A Constitution for Carolina
What kind of society does a constitution build when its drafters fear, in their own words, a numerous democracy? The Carolina text answers with ranks fixed by land and birth, and with a freedom of worship wider than England allowed.
The Fundamental Constitutions tie power to land. Eight proprietors sit at the top, a hereditary nobility of landgraves and cassiques beneath them, and below these the leet-men, tenants bound to a lord’s estate whose children are leet-men to all generations. Every freeman is given absolute power over his negro slaves. Beside this stand clauses of another temper: any seven persons agreeing in a religion may form a church, nobody may revile another’s worship, and Jews and heathens are to be won by persuasion. Lawyers may not plead for money, and commentaries on the constitution are forbidden. How the parts were meant to fit, the document does not say.
- political institutions
- property
- aristocracy
- hereditary succession
- constitutionalism
- political representation
- legal procedure
- religious toleration
Enter a dialogue
- The Carolina constitution lets any seven people found a church, and gives every freeman absolute power over his slaves. How could one document hold both?
- Under the Carolina constitution the children of leet-men, tenants tied to a lord’s land, stay leet-men forever. Why make a status hereditary in a new country?
- Pleading for money is “a base and vile thing” in the Carolina constitution, and commentaries on its text are banned. What does it fear from lawyers?
- In Carolina nobody over seventeen was to have the law’s protection without belonging to some church. Why require a religion while leaving the choice of it free?
- Jews, heathens and dissenters, the Carolina constitution says, are not to be scared off but won by good usage. What does it expect tolerance to achieve?