Chapter

Common Law in the City-State of Charleston, South Carolina

William E. Nelson

in The Common Law in Colonial America

Published in print November 2012 | ISBN: 9780199937752
Published online January 2013 | e-ISBN: 9780199301539 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199937752.003.0005
Common Law in the City-State of Charleston, South Carolina

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The proprietary founder of South Carolina and author of its Fundamental Constitutions envisioned his colony as a trading outpost. From the earliest decades, the colony needed law to regulate trade with inland Native Americans and Atlantic partners, as well as for the adjudication of internal disputes. South Carolina quickly turned to the common law for adjudication of internal disputes and regulation of trade with other parts of England's empire, with the result that common lawyers were well ensconced in the colony by the early 1700s. But new forms of administrative law were needed to regulate trade with Native Americans, and they did not fully develop until an Indian war, along with a major conflict with pirates, led to the overthrow of the proprietary regime and the establishment of royal government in the 1720s.

Keywords: administrative law; common law; Fundamental Constitutions; Native Americans; pirates; trade

Chapter.  10797 words. 

Subjects: History of the Americas

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