cation of powers. After remaining in this unsettled state for some time it was determined to aps point a committee to prepare a draught of a constitution, or form of government, on the sole authority of the people; though they still acknowledged themselves subjects of the king of Great-Britain. In consequence thereof, a temporary constitution was agreed to on the 26th of March 1776, "until an accommodation of the unhappy differences between the two countries should be obtained." The constitution then adopted was as exact a copy of the british form of government as the situation of Carolina would permit. A legislative body was constituted of three separate and independent branches; and an executive officer by the name of president was elected with ample powers, approaching to royalty. The reconciliation then expected by some and wished for by more, was not realized. This temporary constitution in a little more than two years gave place to a new one, formed on the idea of independence which in the mean time had been declared.. The distinction between a constitution and an act of the legislature was not at this period so well understood as it has been since. The legis lature elected under the constitution of 1776, with the acquiescence of the people, undertook to form a new constitution; and, to give it activity, with the forms, and under the name of an act of assembly. This after being fully discussed was finally ratified in 1778. The religious rights of the people on which the preceding constitution was silent, now for the first time obtained attention. The establishment of the church of England, which took place

in 1706, had been continued till the revolution. But growing illumination on the principles of govern→ ment, and the temper of the times, pointed out the impropriety of continuing under a free constitution that legal pre-eminence of one denomination of christians over all others which had been conferred partly for political purposes under a very different system of government. In making a new arrangement on the subject of religion, the distinction between toleration and establishment was retained. To the former all were entitled who acknowledged, "that there was one God-that there was a future state of rewards and punishments-and that God was to be publicly worshipped." To the latter all christian protestants were equally entitled, and it was declared "that the christian protestant religion was the established religion of the state," and "that all denominations of them should enjoy equal religious and civil privileges ;" and "that the societies of the church of England then formed should continue incorporate and hold the property in their possession." To preserve the idea of an established religion, and at the same time to do equal justice to all denominations of protestants, the public support heretofore given to the church of England was withdrawn; and the privileges of the establishment and particularly of incorporation were held out on easy terms to all christian protestants. To accomplish this, an extensive nominal religious establishment was adopted on a plan similar to that suggested by Mr. Locke in the fundamental constitutions of the province. This contemplated to grant on petition the privileges of incorporation and of an

established church to any 15 persons who would associate for public worship, give themselves a name, and subscribe in a book the five following terms of communion. "1st. That there is one eternal God, and a future state of rewards and punishments. 2d. That GoD is publicly to be worshiped. 3d. That the christian religion is the true religion. 4th. That the holy scriptures of the Old and New-Testament are of divine inspiration, and are the rule of faith and practice. 5th. That it is lawful and the duty of every man, being thereunto called by those that govern, to bear witness to truth." They who had been called dissenters conformed to the new establishment, and readily obtained the privileges of incorporation and as such were enabled to sue for and hold their property without the intervention of trustees. Thus, all christian protestants were put on an equal footing, and in consequence thereof harmony and good-will was increased. At that time, there was no church of roman catholics in the state, nor of any denomination not comprehended under the general term of christian protestants, except that of the Jews.

The whole of this system distinguishing between toleration and establishment-between christian protestants and others, was abolished by the constitution of 1790; and religion was placed where it ought to be in a state of perfect freedom, in the following words: "The free exercise and enjoyment of religious profession and worship without discrimination or preference, shall for ever hereafter be allowed within VOL. II. T

this state to all mankind, provided that the liberty of conscience thereby declared shall not be so construed as to excuse acts of licentiousness or justify practices, inconsistent with the peace or safety of this state."

By the constitution of 1778 the title of the executive officer was changed from president to governor, and he was deprived of his negative on the laws. Instead of a legislative council to be chosen by the representatives from their own body, a second branch of legislature, denominated a senate was to be constituted by election of the people. The idea of a legislature consisting of a single branch, though advocated by some, was generally reprobated.

This constitution carried the people through the revolutionary war, and continued till the year 1790. The chief difficulty attending it, was its great expense in supporting an enormously large representation. But it was deemed impolitic to lessen it while the war raged.

The state of South-Carolina was one of 13 confederated states whose general interests were managed by a congress of deputies from each. The powers of congress were found inadequate to the good government of the union, when the pressure of war and the cement of common danger was over. A more efficient form of government was called for by the states. South-Carolina readily agreed to a proposition from Virginia for digesting such a form of government by a general convention and appointed Henry Laurens, John Rutledge, Charles Cotes

worth Pinckney, Pierce Butler, and Charles Pinckney to represent the state in the same. The four last named attended and assisted in the deliberations of the convention, and concurred in the plan of government recommended by them. The people promptly adopted the present constitution of the United States, which was originally proposed in 1787 by this convention of delegates from the individual states. Since that period the government is complex...

A federal legislative, executive, and judicial power pervades the state; but is confined to objects of a general nature more within the purview of the United States than of any particular one.

Every power that is necessary to a common national government has been ceded to the United States, but all that is purely domestic in its operation and consequences is reserved and exercised by, the state.

This reform of the common bond of union which was adopted by South-Carolina in 1788, necessarily involved another. To new model the constitution of the state in conformity to that of the United States, a convention of the people of South-Carolina was called in 1790 which formed a constitution adapted to the new order of things. The large representation which, from motives of policy, began and had been continued through the war, was diminished one half and several other improvements were adopted.

Though the form of government in South-Caro