What events led to the ratification of south carolinas constitution of 1868?

Transcription (manuscript excerpt)

The 1868 state constitution for South Carolina was revolutionary because it embodied many democratic principles absent from previous constitutions. The new document provided for population alone, rather than wealth or the combination of wealth and population, as the basis for House representation. It also continued popular election of the governor. Additionally, the 1868 constitution abolished debtors’ prison, provided for public education, abolished property ownership as a qualification for office holding, granted some rights to women, and created counties.

The popularly elected governor was given a veto that required a two-thirds vote of the General Assembly to override. A two-thirds legislative vote was also required to issue any bonded debt. In 1873 an additional amendment required that two-thirds of the voters confirm an increase in the general obligation debt of the state.

The 1868 constitution’s Article X provided for a uniform system of free public schools. Although not implemented until decades later, the constitution mandated that the schools should separate for at least six months each year and that all children had to attend school at least twenty-four months (four academic years) as soon as enough facilities were available. Provisions for the deaf and blind were also ordered. Schools were financed by a poll tax, and an 1878 amendment added a property tax to increase support for public education. Maintenance of the state university was made mandatory, and the creation of a normal school and an agricultural college was also required. The status of the newly freed African Americans was also solidified in the 1868 constitution. Race was abolished as a limit on male suffrage. Disfranchisement could be only for murder, robbery, and dueling. The Black Codes that had passed under the constitution of 1865 were overturned. There was no provision against interracial marriage, and public schools were open to all races.

the articles of confederation only set up the continental congress at the federal level. there were no executive or judicial branches except within the states. the states were allowed to keep every right that was not specifically given to congress. the bonding of the states was through a 'firm league of friendship' that best served as a defense agreement against invasion. states were not allowed to use taxes as a way to discourage treaties, and states were extremely limited in their dealings with foreign nations.

not many historians today talk about the strengths of the articles of confederation, likely because of how unpopular the document quickly became. the articles did set the legislative body, congress, as the highest power in the nation because of the fear of monarchy. congress had the sole power to declare war, assign treaties, entertain foreign relations, and operate post offices. disputes between states and territorial issues were to be brought to congress. the document also stipulated that canada was allowed to enter the union if they desired.

there were more weaknesses than strengths under the articles of confederation. the lack of power given to the continental congress strangled the federal government. the articles gave congress the power to pass laws but no power to enforce those laws. if a state did not support a federal law, that state could simply ignore it. congress had no power to levy taxes or regulate trade. without a federal court system or executive leader, there would be no way to enforce these laws, either. amending the articles of confederation would also require a unanimous decision, which would be extremely difficult.

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