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TheLiberian Constitution of 1847 was the firstconstitution of theRepublic of Liberia. Largely modeled on theConstitution of the United States, it remained in effect from its adoption on 26 July 1847 until its suspension by thePeople's Redemption Council, following thecoup d'état on 12 April 1980.
The modern state of Liberia began with the 1820 arrival of settlers from theUnited States-basedAmerican Colonization Society (ACS), an organization whose goal was to set up a country in Africa forfreeborn people of color andemancipated slaves.[1]
The ACS created an initial constitution for the colony, which kept all governance of the colony in the hands of the ACS.[2]: 414 It created a Board of Managers, composed of "agents" of the ACS, which would be in charge of handling "all questions relative to the government of the Settlement" and all disputes between Individuals".[3]: Article 3 It anticipated a handover of governance to the settlers once the colony was settled.[3]: Art. 2 The settlers themselves agreed to an initial governing document, theElizabeth compact, which was named after the ship they arrived on. No copies of this document remain today.[2]: 413–414
The Liberian capital,Monrovia, was founded in 1822. Named after then-President of the United StatesJames Monroe, it reflected the colony's close relationship with the United States, which would be reflected in its government and governing documents.[2] The 1820 constitution underscored this connection by stating that the settlement was under common law "as in force and modified in the United States".[3]: Art. 8
While the ACS directly led the settlement at Monrovia, state auxiliaries of the ACS created separate settlements nearby, which prompted the need for a revised governing system. Proposals to merge the colonies in the 1830s included an ACS-headedunitary state, or a federation of states under anArticles of Confederation-style government.[2]: 414–415
In 1839, after some of the state settlements merged with Monrovia to form theCommonwealth of Liberia, the ACS drafted a constitution and called a constitutional convention for the settlers to draft amendments to it. The Liberian assembly drafted a new constitution, but this draft was largely rejected by the ACS. The accepted colonial constitution maintained an ACS-appointed colonial governor, who had veto power over the locally-elected governing council, and who served as Chief Justice of the Supreme Court. Despite the ACS's continued control over the colony, this did represent an increase in self-governance, and whenJoseph Jenkins Roberts became the firstAfrican-American governor of the colony in 1841, the desire for Liberian self-rule grew.[2]: 415–416
Liberia in the 1840s was in a state of governmental limbo, with some self-rule, some governance by a non-state colonization society (the ACS), and a poorly-defined relationship with the United States government. The U.S. government had funded and provided naval support to the colony but did not claim the colony or handle its foreign relations.[2]: 416–417 In November 1846, a referendum was held to determine whether there was public support for creating a constitutional convention. The referendum passed with a slim majority but low voter turnout.[4]
Twelve delegates formed theconstitutional convention in July of 1847. The proceedings of the convention are poorly documented. The records kept during the convention were subsequently lost, with the primary extant coverage based on the private diary ofone delegate who considered the other delegates to be "universally deficient".[2]: 418 [4]: 53 [5]: 85
There were a variety of potential influences on the 1847 constitution, though limited documentation makes it difficult to determine which aspects of the constitution came from where. The ACS tried to influence the authors of the new constitution to protect the ACS's rights within the new nation. They also sent along recommendations from an Americanlaw professor,Simon Greenleaf. His suggestions may have formed an early draft of the constitution, but that draft was rejected, and many important aspects of the 1847 constitution do not fit with Greenleaf's or the ACS's desires.[2]: 418 [4]: 53
The convention approved theLiberian Declaration of Independence on July 26, and the final form of the constitution on July 28. The constitution was approved by aSeptember referendum, again with low voter turnout, but this time with a heavy majority. Only 269 of the estimated 600 eligible voters (Americo-Liberian men over the age of 21) cast ballots. The constitution was ratified 211-58, led by heavy support in Monrovia proper (which voted 111-0 in favor).[4]: 53
The 1847 constitution was influenced both by its previous colonial constitutions and theConstitution of the United States. Because of these influences, it is sometimes referred to as a replica of the U.S. Constitution. However, the Liberian constitution re-interpreted the American constitution in ways that reflect "the uneasy reconciliation of foreign constitutional ideals with local realities". Notable examples include its restriction ofcitizenship andland ownership to "persons of color", and its extension of economic rights to women.[2]: 410, 431 [4]: 54
The constitution created aunitary state, without thesubnational units orfederalism that the United States had in its constitution. Article I of the Liberian Constitution enshrinedcivil liberties similar to those protected by theBill of Rights in the United States Constitution.[2]: 418–420 Articles two through four laid out the powers of the threebranches of government: thelegislative (Article II),executive (Article III), andjudicial branches (Article IV). Article V laid out additional provisions not covered in the other articles.[5]: 86
The executive branch was led by thePresident, elected bypopular vote to a two-year term. Allland-owning male citizens over the age of 21 were eligible to vote, and land ownership was also required to hold office. The constitution also specified the presence of five cabinet offices that were mostly within the executive branch, but with some obligations to the Legislature as well.[2]: 424–426
Legislative power was held by theLegislature, abicameral body made up of aHouse of Representatives and aSenate. Both were elected directly by popular vote.[2]: 427–428 The judicial branch was explicitly given the power ofjudicial review.[5]: 86
The 1847 constitution differed from its American predecessor on its treatment of various rights. The Liberian constitution was explicitlyChristian, but also prevented the government from favoring any form of Christianity over another. Women were permitted to own property, even after marriage, though women wereineligible to vote.[2]: 422, 424 Discrimination against "tribal" Liberians (as opposed to theAmerico-Liberians) was enshrined in law, as they were banned from most jobs and schools. They did not hold full citizenship rights, nor did they gain representation in the Legislature until 1873.[6] Indigenous Africans were only granted the right to vote if they had "conformed to the forms, customs, and habits of civilized life" for three or more years.[2]: 434
The 1847 Constitution remained in force, with some amendments, until the1980 Liberian coup d'état.[5] After thePeople's Redemption Council took power in 1980, they suspended the constitution. The executive and legislative branches' powers were combined into the PRC, and the judicial branch was replaced by a series of "Special Tribunals".[7]: 101–102
The 1847 constitution was officially replaced in 1984, after voters approved a newConstitution of Liberia in anational referendum; Article 95(a) of the new constitution officially abrogated the old one.[5]: 187 [8]
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