American Legal History

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TheEstablishedChurchInSouthCarolina 5 - 01 Dec 2009 - Main.JosephForderer
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Introduction

The Church of England was firmly established in South Carolina from the very beginning starting with the era when the colony was ruled by the proprietary government. The Fundamental Constitutions of Carolina (1669) announced that the Church of England was the “only true and orthodox and . . . national religion . . . of Carolina.” This applied to both North and South Carolina as they did not split up until the early 18th Century. Additionally, the parliament had the duty of maintaining the church with funds and building the church in the colony. The Church of England remained established in South Carolina until the Constitution of 1778 which replaced Anglicanism with Christianity as the officially recognized religion. Finally in 1790, the state no longer officially endorsed a specific religion and declared that “the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this state to all mankind.” Although this Constitutional provision came with a few caveats (religion could not be used as an excuse for licentiousness or for disrupting the peace and safety of the state), it officially marked the end of the established church in South Carolina.

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The fall of the established church in South Carolina, like in most other states/colonies, could very well be attributed to the rise of enlightenment thinking and a trend toward religious tolerance. Although this may very well have been a factor, another key driving force behind this trend toward disestablishmentarianism was economic in nature. South Carolina in the 17th and 18th Centuries was still a fairly wild and developing place. A populous divided on religious lines is not the best way to ensure economic prosperity, especially when the situation is exacerbated by the fact that the state is using one man’s tax dollars to subsidize another man’s religion. Consequently over the course of the 18th Century, there have been several pushes in the general direction of disestablishment and unity, not because religious freedom was a fundamental right and ideal in itself, but because it was a pragmatic way of ensuring that there would be sustained economic development.
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The fall of the established church in South Carolina, like in most other states, could potentially be attributed to the rise of enlightenment thinking and a trend toward religious tolerance. Although this probably was a factor, it does not tell the whole story of disestablishment. Another key driving force behind this trend toward disestablishmentarianism was the colony's desire for sustained economic development. South Carolina in the 17th and 18th Centuries was still a fairly wild and developing place. The economy was in its infancy and needed stability to ensure steady growth. An established church and the religiously divided population that such an institution amplifies, seem at odds with stable economic growth. Consequently over the course of the 18th Century, there have been several pushes in the general direction of disestablishment and unity. Several of these pushes were not driven by the idea that religious freedom was seen as a fundamental right and ideal in itself, but because disestablishment was a pragmatic way of ensuring that there will be sustained economic development. This article illustrates several instances where the economic ramifications of the established Church are considered.
 

1704 Act Requiring Assembly Members to Conform to the Church of England

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 Conclusion
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I have attached some potential sources.
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See below for attachments of the cited sources.
 -- JosephForderer - 21 Nov 2009
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  • Church_Act_1706_1708.pdf: This is the Church Act of 1706 which essentially establishes the Anglican Church in the Province.

http://www.learnnc.org/lp/editions/nchist-colonial/1657 The Fundamental Constitutions of Carolina (1669). See section 96.

 
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META FILEATTACHMENT attachment="Church_Act_1706_1708.pdf" attr="" comment="This is the Church Act of 1706 which essentially establishes the Anglican Church in the Province." date="1258044755" name="Church_Act_1706_1708.pdf" path="C:\Users\Joseph\Documents\Law School\2L\Am. Leg. Hist\Church_Act_1706_1708.pdf" size="335151" stream="C:\Users\Joseph\Documents\Law School\2L\Am. Leg. Hist\Church_Act_1706_1708.pdf" user="Main.JosephForderer" version="1"
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META FILEATTACHMENT attachment="Documents_relating_to_the_French_Protestants_in_1760s.pdf" attr="" comment="S.C. Urges the settlement of French Protestants" date="1258577581" name="Documents_relating_to_the_French_Protestants_in_1760s.pdf" path="C:\Documents and Settings\jforde\Desktop\Documents relating to the French Protestants in 1760s.pdf" size="438955" stream="C:\Documents and Settings\jforde\Desktop\Documents relating to the French Protestants in 1760s.pdf" user="Main.JosephForderer" version="1"
META FILEATTACHMENT attachment="Woodmason_Sermon_urging_Unity.pdf" attr="" comment="Sermon urging unity among Protestants" date="1258577629" name="Woodmason_Sermon_urging_Unity.pdf" path="C:\Documents and Settings\jforde\Desktop\Woodmason Sermon urging Unity.pdf" size="75498" stream="C:\Documents and Settings\jforde\Desktop\Woodmason Sermon urging Unity.pdf" user="Main.JosephForderer" version="1"
META FILEATTACHMENT attachment="State_Convention_on_Adoption_of_the_Federal_Constitution.pdf" attr="" comment="Some hesitancy is asserted over the Federal Constitution's %22too great latitude allowed in religion%22" date="1258578294" name="State_Convention_on_Adoption_of_the_Federal_Constitution.pdf" path="C:\Documents and Settings\jforde\Desktop\State Convention on Adoption of the Federal Constitution.pdf" size="154728" stream="C:\Documents and Settings\jforde\Desktop\State Convention on Adoption of the Federal Constitution.pdf" user="Main.JosephForderer" version="1"
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META FILEATTACHMENT attachment="1704_Act_regarding_Oaths_of_office[1].pdf" attr="" comment="Document contains criticisms of the Act of 1704" date="1259625264" name="1704_Act_regarding_Oaths_of_office[1].pdf" path="C:\Users\Joseph\Desktop\1704_Act_regarding_Oaths_of_office[1].pdf" size="2930885" stream="C:\Users\Joseph\Desktop\1704_Act_regarding_Oaths_of_office[1].pdf" user="Main.JosephForderer" version="1"
META FILEATTACHMENT attachment="William_Tennents_Speech_before_the_Assembly[1].pdf" attr="" comment="" date="1259625811" name="William_Tennents_Speech_before_the_Assembly[1].pdf" path="C:\Users\Joseph\Desktop\William_Tennent's_Speech_before_the_Assembly[1].pdf" size="1561323" stream="C:\Users\Joseph\Desktop\William_Tennent's_Speech_before_the_Assembly[1].pdf" user="Main.JosephForderer" version="1"

Revision 5r5 - 01 Dec 2009 - 00:31:34 - JosephForderer
Revision 4r4 - 21 Nov 2009 - 22:23:04 - JosephForderer
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