CAROLINA, Original Constitution of. For many years after the subversion of the old English order by political and religious in subordination, 1642-60, the dominant idea of the conservatives was to prevent its recurrence, as with the conservatives after the French Revolution; and their chief dread was of re publicans and dissenters. It is an almost grotesque incident of this reaction, that by far its narrowest embodiment came from a liberal philosopher and an unbelieving incendiary poli tician,—John Locke and Lord Shaftesbury (Anthony Ashley Cooper). A group of eight noblemen, headed by the famous Lord Claren don, and including Shaftesbury, were granted, on 24 March 1663, a tract called the province of Carolina, after Charles II; as extended 30 June 1665, it included the present North and South Carolina and Georgia, and in theory stretched west to the Pacific. To avoid erect ing a numerous democracy,' in their own words, they had Locke, who was Shaftesbury's secretary, draw up (whether on his own lines or Shaftesbury's is a moot point) a form of government called the aFuniental Constitu tions,' which is a classic for impractical ab surdity even among Utopias. The mass of the people (not alone, be it remembered, the future immigrants, but a considerable population al ready living•there in pure democracy) were to be hereditary leet-men," or serfs of the soil Next above them was a sort of upper middle class commons called lords of the manor,' who could let out 10-acre tenant farms. Over both (as the charter gave the proprietors the right to create titles of nobility other than English ones) were a fantastic self-perpetuat ing colonial noblesse, of landgraves" and 'caciques." Crowning the whole were the pro prietors; the eldest was 'palatine' or viceroy, the others were admiral, chamberlain, high con stable, chief justice, chancellor, high steward and treasurer. The leet-men' held three-fifths of the the nobility and lords of the manor' one-fifth, not to be alienated after 1700; the proprietors the remaining fifth. The prov ince was divided checkerboard fashion into squares, first of counties; then each county into eight gseigneriesu for the proprietors, eight •baromes) for the nobility (each seignory and barony to contain 12,000 acres, perpetually an nexed to the title), and four ''precincts,* and each precinct into four °colonies* for the serfs. There was a parliament; but the commons were carefully kept powerless by giving them only 10 members out of 50, making only freeholders of 500 acres eligible to seats, and electing them for life; with the further proviso that land graves could sit in either house at will, and vote on the same measures in both. All initiative was in a supreme executive council, which pre pared and submitted all legislation to Parlia ment; and the proprietors had a veto on all.
Each proprietor had a superior court at which, he presided in person or by proxy; each noble man.held a court-leet for his barony, and there were precinct courts. The laws were worthy of this closet constitution. The English Church was established and supported by public taxa tion, in a province inhabited by Quakers, and the rest by Scotch Presbyterians, Hugue nots, Lutherans, etc. No one could live or hold property in or be a freeman of the province who did not acknowledge God, and that he is to be publicly worshipped. Every person above 17 not a member of some church, or who did not subscribe the °Fundamental Constitutions* and promise in writing to defend and maintain them, should be an outlaw. There was a severe censorship of the press, of ceremonies, of fashions and of sports, in the hands of the nobility. Paid lawyers were prohibited; thus compelling the commons to put themselves un der a relation of (clientage,* in Roman fashion, to the nobility to avoid ruin. All commentaries on the constitution or laws were forbidden. This constitution was to replace one under which the people were ruled by a council of 12, chosen half by the proprietors and half by the assembly; that assembly consisting of 12 elected freeholders, so that the people had 18 out of 25 votes; with entire freedom of re ligion, civil marriage, security for fiveyears from suit on cause arising outside of the (for protection of emigrant debtors), exemption from taxation for the first year and no political or social superiors anywhere. That is, free Englishmen in virtual democracy were to become at a blow the serfs and villeins of the time of the Norman Conquest. The pro prietors bound themselves by solemn compact to maintain this incredibly foolish instrument as unalterable forever, and evidently expected men to emigrate to a savage wilderness on such terms. Five successive forms of this constitu tion were promulgated before its entire aban donment in 1693, each in turn proclaimed permanent and unalterable; and the result, especially in Albemarle County (afterward North Carolina), was simple anarchy. The people set them utterly at naught; and while the former system had been legally abolished, i it continued in force by sufferance. Resistance to law as a first principle of life became in grained in them; and the character of the col ony was long and deeply injured by the quar ter-century of attempt to force its people, new and old, into this iron mold of extreme feudal ism. For further history see NORTH CAROLINA; SOUTH CAROLINA.