User:8ritan/Constitution of North Carolina
Constitution of 1776
[edit]In the pivotal months leading up to the creation of the Constitution, North Carolina was in a unique position of being governed by a council of safety of only thirteen members. Following this unique position, the Fifth North Carolina Provincial Congress ratified the first constitution, accompanied by a Declaration of Rights, on December 18,1776. The congress debated the Constitution for only 3 days before passing it like law.[1]
Before the constitution was enacted and North Carolina became a state, North Carolina had a strong governing power.[1] The governor had veto power, and was keeping the interest of the British King in mind. Maintaining a good relationship on an international level was important for American success. The Americans needed European investment in order to thrive. Leading up to the revolution most of the gentry, the wealthy, aristocratic class, was up to their neck in debt. They were relying on European investment to bring success to the American economy. Appeasing the King was necessary, but this would soon shift with the establishment of statehood. The governor would be stripped of their veto power, and there would be a council that votes on decisions.[1]
Although the constitution affirmed the separation of power between the three branches of government, the General Assembly held the true power. Until 1836, the General Assembly members were the only state officials who were elected by the people. The General Assembly picked Judges, the Governor and the members in the Council of State. Judges had life terms and governors had a one-year term. The Governor had little power and in many cases needed the consent of the Council of State to exercise the power that the office did hold. The Governor was also held to strict term limits; a person could only hold the office three terms in every six years. The constitution established a judicial branch, but did not well define this branch's structure. The constitution also lacked a system of local government. Universal suffrage was not an element of this constitution. Only landowners could vote for Senators until 1857. To hold state office required land ownership until 1868.
Most clauses in North Carolina’s declaration were taken from Maryland, Virginia, and Pennsylvania. Following the trends of fellow sister states. Even so, it was the “revolutionary” constitution of North Carolina.[2] Enacting State constitutions would be a very crucial step in the growth of democracy in America. With these new parameters in place, between 62 and 83 percent of the white adult males could vote in most counties of North Carolina.[1] This would mean that the constitution would be very well received by land owning white men. The majority of other groups would be left out of political participation because of land ownership being a requirement to participate. By the standards of today, this may not seem very democratic, but it is a crucial stepping stone in America turning into what we know it as today.
More importantly, the constitution featured a weak executive branch, with most of the power going to the legislature. The governor, the first being Richard Caswell (who was the president of the Fifth North Carolina Provincial Congress), would be voted in by a legislature, not the people, and would serve a one year term, renewable up to three consecutive terms, with limited powers and no power to veto.[1] The house of commons would be elected by all free men who owned at least 50 acres of land, and senators elected by all freeholders who had at least 50 acres of land in the county. To hold office, you had to be a Protestant Christian, a religious test to be in power and there were land requirements. 100 acres of land was required to hold the position as senate.[1] This restricted who could run for the position, limiting the power that the people had. The strong legislative control highlighted a belief that representatives of the people should hold the power. This would be a step forward and more democratic than the tyrannical British rule that was previous to this constitution. The constitution would also feature a declaration of rights, signed by Richard Caswell, the first governor, and James Green, clerk of Provincial Congress.
This new government placed power in a body of representatives elected by the people. This was a great step forward for democracy in America. Power was shifting to the people. Moving to a more republican government meant that more power would be consolidated in the public. During this time, the gentry was afraid of giving the common people too much power, they thought the common people would come for their wealth. But, the people would get more power as time goes on. Also as I mentioned earlier, 62 to 83 percent of white land owning men could vote. Although there is still a large number of people, women, enslaved, Native Americans, even free black people, and non-land owners, who would not participate in politics, it would still be a more democratic government than that of a tyrannical British government.
The Declaration of Rights would hold many important powers for the people of North Carolina. Article one would allow for popular sovereignty, “all political power is vested in and derived from the people.”[3] The third demanded equality, although during this time period it would only apply to white men. Article nine, the right to a trial by jury, protection against arbitrary rule. Article 12, the right against unjust seizure, similar to the later fourth amendment of the U.S. Bill of Rights. Article 15, declaring freedom of the press. Article 17, the right to bear arms. Something that is heavily debated over today was something not debated at all in this time. The right to bear arms was seen as necessary for the defense of the state. Lastly, Article 19, calling for religious freedom, but this had limits. Office holders still had to be of Protestant Christian religion. These are some highlights of the Declaration of Rights from North Carolina in 1776. Featuring 25 sections total, it would be expanded over time.[3]
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[edit]References
[edit]- ^ a b c d e f Adams, Willi Paul, ed. (2001). The first American constitutions: Republican ideology and the making of the state constitutions in the Revolutionary era (Expanded ed ed.). Lanham, Md: Rowman & Littlefield Publishers. ISBN 978-0-7425-8010-7.
{{cite book}}:|edition=has extra text (help) - ^ Ketcham, Earle H. (1929). "The Sources of the North Carolina Constitution of 1776". The North Carolina Historical Review. 6 (3): 215–236. ISSN 0029-2494.
- ^ a b Dippel, Horst, ed. (2009-09-29). Constitutional Documents of the United States of America 1776–1860, Part VII: Vermont–Wisconsin Addendum et Corrigendum. De Gruyter Saur. ISBN 978-3-598-35757-2.