South Carolina’s Ratification
Ratification of the Constitution by the State of South Carolina, May 23,
1788. South Carolina was the eighth state to do so. South Carolina’s
ratification message included several small suggested changes to the
Constitution, including one to say “no other religious test” rather than “no
religious test” in Article 6, an indication
that the oath to the Constitution was considered by this body as a religious
oath. The following text is taken from the Library of Congress’s copy of
Elliot’s Debates.
In Convention of the people of the state of South Carolina, by their
representatives, held in the city of Charleston, on Monday the 12th day of May,
and continued by divers adjournments to Friday, the 23d day of May, Anno Domini
1788, and in the 12th year of the independence of the United States of
America.
The Convention, having maturely considered the Constitution, or form of
government, reported to Congress by the Convention of Delegates from the United
States of America, and submitted to them by a resolution of the legislature of
this state, passed the 17th and 18th days of February last, in order to form a
more perfect union, establish justice, insure domestic tranquillity, provide
for the common defence, promote the general welfare, and secure the blessings
of liberty to the people of the said United States, and their posterity,
— Do, in the name and behalf of the people of this state, hereby assent
to and ratify the said Constitution.
Done in Convention, the 23d day of May, in the year of our Lord 1788, and of
the independence of the United States of America the twelfth.
THOMAS PINCKNEY, President.
Attest. John Sandford Dart, Secretary.
And whereas it is essential to the preservation of the rights reserved to
the several states, and the freedom of the people, under the operations of a
general government, that the right of prescribing the manner, time, and places,
of holding the elections to the federal legislature, should be forever
inseparably annexed to the sovereignty of the several states, — This
Convention doth declare, that the same ought to remain, to all posterity, a
perpetual and fundamental right in the local, exclusive of the interference of
the general government, except in cases where the legislatures of the states
shall refuse or neglect to perform and fulfil the same, according to the tenor
of the said Constitution.
This Convention doth also declare, that no section or paragraph of the said
Constitution warrants a construction that the states do not retain every power
not expressly relinquished by them, and vested in the general government of the
Union.
Resolved, That the general government of the United States ought never to
impose direct taxes, but where the moneys arising from the duties, imports, and
excise, are insufficient for the public exigencies, nor then until Congress
shall have made a requisition upon the states to assess, levy, and pay, their
respective proportions of such requisitions; and in case any state shall
neglect or refuse to pay its proportion, pursuant to such requisition, then
Congress may assess and levy such state’s proportion, together with interest
thereon, at the rate of six per centum per annum, from the time of payment
prescribed by such requisition.
Resolved, That the third section of the sixth article ought to be amended,
by inserting the word “other” between the words “no” and “religious.”
Resolved, That it be a standing instruction to all such delegates as may
hereafter be elected to represent this state in the general government, to
exert their utmost abilities and influence to effect an alteration of the
Constitution, conformably to the aforegoing resolutions.
Done in Convention, the 23d day of May, in the year of our Lord 1788, and of
the independence of the United States of America the twelfth.
THOMAS PINCKNEY, President.
Attest. John Sandford Dart, Secretary.