Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/166

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126
HISTORY OF THE COLONIES.
[BOOK I.

admiralty, of supreme ordinary, and of appointing magistrates and militia officers. All laws were subject to the royal approbation or dissent; but were in the mean time in full force.

§ 140. On examining the statutes of South Carolina, a close adherence to the general policy of the English laws is apparent. As early as the year 1712, a large body of the English statutes were, by express legislation, adopted as part of its own code; and all English statutes respecting allegiance, all the test and supremacy acts, and all acts declaring the rights and liberties of the subjects, or securing the same, were also declared to be in force in the province. All and every part of the common law, not altered by these acts, or inconsistent with the constitutions, customs, and laws of the province, was also adopted as part of its jurisprudence. An exception was made of ancient abolished tenures, and of ecclesiastical matters inconsistent with the then church establishment in the province. There was also a saving of the liberty of conscience, which was allowed to be enjoyed by the charter from the crown, and the laws of the Province.[1] This liberty of conscience did not amount to a right to deny the Trinity.[2] The Church of England had been previously established in the province [in 1704] and all members of the assembly were required to be of that persuasion.[3] Fortunately, Queen Anne annulled these obnoxious laws; and though the Church of England was established, dissenters obtained a toleration, and the law respecting the religious qualification of assembly-men was shortly afterwards repealed.


  1. Grimké's South Carolina Laws, (1712,) p. 81, 98, 99, 100.
  2. Id. Act of 1703, p. 4.
  3. 1 Holmes's Annals, 489, 490, 491; 1 Hewatt's South Carol. 166 to 177.