CHAPTER II

Following Gillon’s unsuccessful attempt in 1788, to repeal the existing

law, the State of South Carolina, by successive enactments, in spite

of the implied sanction of the Constitution until 1808, prohibited the

importation of slaves[16] up to the year 1803. In that year Governor

James B. Richardson, in his annual message to the General Assembly,

indirectly suggested the repeal of such legislation.

The language of this message is so involved that, considered without

reference to its effect, it seems to indicate some sympathy with

the prohibition of the importation; but carefully considered, the

secret sympathy of this official with those he condemns is obvious.

The promptness with which it was seized upon by the opponents of

prohibition, and the arguments culled from it, indicate that it was the

opening wedge by which the defence against the black flood, was split,

to admit it in such volume, as to make subsequent efforts to stop the

flow almost useless.

That portion of the message which dealt with the importation of Negro

slaves reads as follows:

“All possible diligence and my best efforts have been used to carry

effectually into operation the law prohibiting the importation of

Negroes into the State, but it is with concern that I have here to

state to you, that it has been without success; whether it must be

attributed principally to the ill consequences that are apprehended

would result from carrying the law into operation by emancipating

the Negroes so brought in (a remedy deemed more mischievous than the

evil of their introduction in servitude) or whether the interests of

the citizens is so interwoven with that species of property, that it

prevents their aiding the law in answering the salutary purposes,

I will not presume to determine; but I am inclined to believe both

causes operate as preventatives; for those people are continued to be

brought into the State beyond the possibility of prevention. In all

laws intended for the general benefit, they should be so calculated

that their operation should be found equal in every part of the State;

where this is not the case it means that there is some radical defect

therein, or it is inimical to the interest of the citizens; with this

law such is the situation; for in the present state of things, the

citizens in the frontier and sea coast districts do accumulate this

property without the possibility of being detected, while those of the

interior and middle districts only experience the operation of that law

from their remote situation, etc.... This indeed is a circumstance to

be lamented, but such is the true state of our situation and therefore

becomes a subject worthy of your consideration and one that I trust

will engage your endeavors to render equally energetic in every part of

the State that law which experience has proved partial in its operation

and is oppressive upon such citizens in the interior districts as hold

it the object of desire to augment their capital in the accumulation of

such property.”[17]

This expression of opinion from the Governor brought up in the House

the appointment of “a committee to inquire whether any and what

amendments are necessary, to the Act entitled, ‘An Act to prevent Negro

slaves from being brought into or entering this State’[18]; in the

Senate a bill to permit their importation.”[19]

The leading opponent in the Senate of the bill to permit importation

was State Senator Robert Barnwell, at that time in his forty-second

year. He had served with credit in the Revolutionary war, in the

course of which he had been seriously wounded; had been a delegate

to the Continental Congress; and later a member of Congress from the

2nd Congressional district of South Carolina, later still he had been

elected Speaker of the South Carolina House of Representatives.[20]

He is described by Edward Hooker as “a tall, portly, well-built man

of about sixty years—a man of singular gravity, and possessed of

great influence in the Senate. Said to be an eminent orator and very

religious character.”[21]

A synopsis of Mr. Barnwell’s remarks on this occasion has been

preserved, although, as became more and more the custom with regard

to all utterances concerning slavery, in any way critical, much was

suppressed. The account reads as follows: “He maintained that by the

immense influx of these persons into the State, the value of this

species of property would be considerably diminished, insomuch that

he did believe Negroes would be soon not worth one half of what they

might be sold for. The value of the produce raised by their labor would

be in like manner depreciated. * * * The permission given by the bill

would lead to ruinous speculation. Everyone would purchase Negroes.

It was well known that those who dealt in this property would sell

it at a very long credit. Our citizens would purchase at all hazards

and trust to fortunate crops and favorable markets for making their

payments and it would be found that South Carolina would in a few

years, if this trade continued open, be in the same situation of debt,

and subject to all the misfortunes which that situation had produced

as at the conclusion of the Revolutionary war. The honorable member

adduced in support of his opinion other arguments still more cogent

and impressive, which from reasons very obvious, we decline making

public.”[22]

The most prominent advocate of the bill was State Senator William

Smith, the schoolmate of Andrew Jackson, later judge, and, later still,

United States Senator, the most determined of Calhoun’s political

opponents in after years. He was a native of North Carolina, of

somewhat indefinite age, a reformed drunkard; but a man of firmness and

power, and also of pleasing appearance.[23]

The report of his remarks upon this occasion is brevity itself, but

sufficient to condemn him, as it is apparent that in a spirit of

pessimism he voted against his convictions. The report is: “Mr. Smith

said he would agree to put a stop to the importation of Negroes but he

believed it to be impossible. For this reason he would vote for the

bill.”[24] The House had meantime reported that “the laws prohibiting

the importation of Negroes can be so amended as to prevent their

introduction among us,” but a strong faction were for action on the

Senate bill. “Mr. Drayton was of the opinion that the committee should

proceed to consider the bill from the Senate rather than the report

of the committee of this House. He confessed that he was a friend to

that bill in its utmost latitude. Many of the planters had cash which

they could not so well dispose of as in purchasing Negroes, and he did

not see why they should not be allowed to improve their estates in the

best manner they were able, as well as merchants or any other class of

persons.”[25]

The House was not, however, swayed from its course. It proceeded

to consider the report of the committee, and a bill in accordance

therewith was arranged to be brought before the House on the 12th. On

that date, upon a motion to postpone the second reading to February

1, 1804, the same was lost by a vote of 41 to 63; and upon the

following day the bill from the Senate came up, and, by a vote of 55

to 46, became a law.[26] With the majority appears only one great

name, Langdon Cheves. With the minority is recorded the name of a new

member, Joseph Alston, destined to something of a career, who on this

occasion, in opposition to the bill permitting importation, made a

notable speech.[27]

From the achievement of her independence in 1783, South Carolina

had legislated against the importation of Negro slaves with greater

and greater severity. The indications are all that this reversal of

her past policy was the result of the matter having been sprung as

a surprise by Governor Richardson in the second year of his term of

office, when the Senate was two to one in favor of such action as he

suggested, and even in the more popular branch of the Legislature

a majority of nine in one hundred and one votes could be secured.

Under these conditions, that a strong effort should have been at

once inaugurated by those who opposed the importation, to repeal the

Act permitting same was natural, and, upon the reassembling of the

Legislature in the fall of 1804, a bill having such for its purpose

was introduced, pressed to a vote in the Senate, and lost by only one

vote, the record being 16 for, 17 against repeal of Act permitting

importation, and two absent.[28]

Four days later the House went into committee on the following

resolution: “Resolved, that in the opinion of this House, it is

inexpedient and impolitic to permit the importation of slaves into this

State, and that a committee of five be appointed to bring in a bill for

that purpose.”[29] The resolution was adopted by a vote of 69 to 39,

and among the names of the majority appears that of William Lowndes.

Thus the two Houses being unable to agree before adjournment, it was to

be inferred, from the heavy majority in the House, against importation

and the extremely narrow margin by which it had been sustained in

the Senate, the fight would again be made, at the convening of

the Legislature, in the fall of 1805. And so it was, for upon its

reassembling Governor Paul Hamilton at once and pointedly referred

to the subject in his message: “I should be wanting in my endeavors

towards the public good were I to omit soliciting you to legislate on

the importation of slaves. Abstractedly from other considerations of

it, on which indeed much may be said, I feel myself bound to represent

its continuance as productive of effects the most injurious, in

draining us of our specie, thereby embarrassing our commercial men

and naturally lessening the sales of our produce; that viewed with

reference to population it increases our weakness not our strength;

for it must be admitted that in proportion as you add to the number

of slaves, you prevent the influx of those men who would increase the

means of defence and security. I will add, that an immediate stop to

this traffic is, in my judgment, on every principle of sound policy,

indispensable.”[30]

The message at once engaged the attention of the newly elected House,

to the Speakership of which Joseph Alston had been elected. The young

Speaker was a most interesting personality. His father, with perhaps

one exception, was the largest slave-owner in the State, and of the

latter, we are informed, that “in his opinion the true interests of

the planter were in exact accord with the dictates of an enlightened

humanity. The consequence was that his numerous plantations were models

of neatness and order and his slaves always exhibited an appearance of

health and comfort, which spoke well for their treatment.”[31]

This election to the Speakership was the beginning of a political

career for Joseph Alston, which soon led to the Governorship and might

well have extended into national fields, had it not been for the

tragedy which cut it short. He had just married Theodosia Burr, the

fascinating and accomplished daughter of Aaron Burr. But the death of

his only son in 1812 and almost immediately after, the loss of his wife

at sea, seemed literally to destroy all his interest in life and take

it from him. This debate in 1805, in which he was the foremost figure,

is alluded to in the diary of Edward Hooker, by whom we are informed

that the principle speakers in the House were Simons, Alston, Miles,

Taylor and Wright. The resolution under consideration, as drawn up by

Joseph Alston, was prefaced with several considerations, such as the

inconsistency of the slave trade with the precepts of Christianity—with

justice, humanity, etc., and later with the true interests of

the State. In the argument of Mr. Miles, of Richland, appear the

extraordinary insinuations of Governor Richardson, as to the injustice

of the law with regard to those who found it difficult to violate it,

and whom it did prohibit from importing slaves. Of the members of

the House and Senate who sufficiently struck the attention of Hooker

to draw from him something like a pen portrait, Barnwell, Lowndes

and Alston stand out the clearest. He estimated Alston to be about

twenty-eight years of age. He was not quite twenty-seven. He describes

him thus: “Mr. Alston is a short man and rather thick. Of a dark

complexion, with thick black hair and a formidable pair of whiskers,

that cover a great part of his face, and nearly meet at the chin. His

dress and demeanor are well deserving the name buckish. When not in

the legislative hall, he may be seen as often as anywhere, about the

stables, looking at fine horses, dressed in a short jockey-like surtout

or frock, and laced and tossled boots, with a segar in his mouth, and

much more of the ‘gig and tandem’ levity than the austere virtues of a

senatorial leader. Indeed he is one of the last persons that I should

have picked out from the crowd of people in town for a president of one

branch of the Legislature.”

Of the speech he says: “Alston’s speech appears to me more like an

extemporaneous one, though it is said by such as are acquainted with

him that he always, without exception, writes his speeches. He like

Simons, used notes, but did not recur to them so often; nor did he

confine himself so much to method, nor avoid so scrupulously every

expression not stamped with elegance, yet his arrangement was not bad,

nor his language undignified. He did not at first speak with uncommon

fluency, indeed he stammered a little, but when he became once fairly

engaged his words appeared to flow with great ease. His figures

and allusions were eminently striking and beautiful, and his speech

abounded with them. He dropped some excellent moral and political

sentiments, quoted two or three texts of sublime morality from the

Scriptures, and with great vehemence and apparent sincerity urged the

House to consult the dictates of justice and humanity, in opposition

to sordid interest. His manner of delivery was extremely good and

his gestures forcible and expressive. He labored some time, and with

success, to show that the increase of slaves tends to destroy that

equality which is the basis of our republican institutions and insists

that it is not only unjust to bring them in, but demonstrably injurious

to the real interests of the State. In his argument was a fund of good

sense and useful information. The utmost silence pervaded the House

while he spoke thirty-five or forty minutes.”[32]

The resolution was adopted, and the bill prohibiting importation was

sent to the Senate by a vote of 56 to 28.[33]

Later, by the same pen, we have a brief description of the last speech

upon this bill of that Senator, who in opposition to it, may be said to

have cast the most important vote he was ever called upon to give.

Allusion has been before made to the brief reason given by Senator

William Smith for his vote, for opening the ports to importation of

slaves, which he declared himself not in favor of, but thought it

impossible to prevent, in 1803, when he, constituting one of the

majority of two to one in that branch of the General Assembly, voted to

open them. Public opinion had swept away that great majority, and from

the House, with just such a vote, two to one, the bill to prohibit came

to the Senate. The following is Hooker’s description of the situation,

and the part played by Smith:

“The bill having passed the lower House, the public feeling is excited

about its event here. Mr. Smith, a lawyer from York District, made a

long and rather tedious speech against it. He is not fluent, nor does

he use the handsomest language, but in the course of his argument gets

out considerable that is to the purpose.”[34]

Smith’s vote was sufficient to kill the bill. It failed of passage by

15 to 16 in the Senate.[35] He thus, by his vote alone made impossible,

what he claimed to favor, but declined to support, because he asserted

he believed to be impossible. Later in the United States Senate he

disclosed, that in the four years he thus secured for the slave trade

to pour its flood upon South Carolina, in 202 vessels, 39,075 slaves

were brought into the port of Charleston[36] for which he had the

effrontery to hold almost everybody but himself responsible. This

disastrous piece of legislation increased the Negro population of South

Carolina in that decade 41 per cent, against an increase of only 9

per cent whites, and checked almost entirely the remarkable increase

of whites, which had marked the previous decade. As to the effect

upon the business of Charleston, in the reminiscence of one of the

editors of the daily press, we have an illuminating illustration of the

truth of Senator Barnwell’s prophecy. Says Mr. Thomas: “In November

1803, I returned from my fourth voyage with a printed catalogue of

fifty thousand volumes of books in every branch of literature, arts

and sciences, being by far the largest importation ever made into the

United States. I had only got them opened and arranged for sale three

days when news arrived from Columbia that the Legislature then in

session had opened the port for the importation of slaves from Africa.

The news had not been five hours in the city before two large British

Guineamen that had been laying off and on the port for several days,

expecting it, came up to town, and from that day my business began to

decline, although then in a situation to carry it on to three times the

extent I had ever done before. Previous to this the planters had large

sums of money laying idle in the banks, which they liberally expended

not only for their actual, but supposed wants. A great change at once

took place in everything. Vessels were fitted out in numbers for the

coast of Africa, and as fast as they returned their cargoes were bought

up with avidity, not only consuming the large funds which had been

accumulating, but all that could be procured, and finally exhausting

credit and mortgaging the slaves for payment, many of whom were not

redeemed for ten years afterwards to my knowledge.”[37]

On the other hand the State of Ohio, which had been admitted in 1800

with 45,628 whites and only 336 colored, was so disturbed by the

growth of its colored population that before they reached in number

two thousand, that State passed the notorious Black Laws of January 9,

1805, of which Section 4 reads as follows: “That no black or mulatto

person shall hereafter be permitted to be sworn or give evidence in

any Court of record or elsewhere in the State in any cause depending

or matter of controversy, where either party to the same is a white

person, or in any prosecution which shall be instituted in behalf of

this State against any white person.”[38]

While South Carolina did not permit the full sweep of such in her

Courts,[39] holding a free person of color born of a free white woman

an admissible witness yet, with such legislation in Ohio, and Indiana,

it is not surprising, Fiske, of New York, six years later failed to

establish his contention that “color was a mere matter of accident *

* * All men were born free and equal”; and that his attempt to reject

the Senate amendment to the Orleans bill, i. e. the insertion of the

word “white” before the words “free male inhabitants,” in defining the

electorate, should have been brushed aside by Sheffey, of Virginia,

with the simple declaration that “such doctrines would prostrate the

civil institutions of Virginia.”[40] It was one thing to protest as

Col. Mason did against the slave trade; but, with some four hundred

thousand slaves, double what any other State possessed, Virginia was

prepared to contend for her property rights, and the position seems to

have been met with acquiescence by Congress.

FOOTNOTES:

[16] Stat. S. C. Vol. 7 pp. 431-448.

[17] _Charleston Courier_, December 5, 1803.

[18] Ibid. December 6, 1803.

[19] Ibid. December 13, 1803.

[20] S. C. Hist. & Genealog. Mag. Vol. 2, p. 72.

[21] Annual Report American Hist. Ass. 1896, Vol. 1, p. 870.

[22] _Charleston Courier_, December 26, 1803.

[23] Jervey, Robert Y. Hayne & His Times, p. 148.

[24] _Charleston Courier_, December 26, 1803.

[25] Ibid. January 2, 1804.

[26] _City Gazette and Daily Advertiser_, December 21, 1803.

[27] Memoirs of Aaron Burr, Vol. 2, p. 270.

[28] _Charleston Courier_, December 12, 1804.

[29] Ibid. December 24, 1804.

[30] _Charleston Courier_, December 2, 1805.

[31] Jervey, Robert Y. Hayne & His Times, p. 534.

[32] Annual Report American Hist. Assn. 1896, Vol. 1, p. 868.

[33] _Charleston Courier_, December 13, 1805.

[34] Annual Report American Hist. Assn. Vol. 1, p. 878, 1896.

[35] _Charleston Courier_, December 9, 1805.

[36] Charleston Year Book, 1880, p. 263.

[37] Thomas’s Reminiscences, Case Tiffany & Burnham, Vol. 2, p. 35.

[38] C. L. Martzolff, Ohio University, Nov. 30, 1909.

[39] S. C. Reports, Brevard, Vol. 2, p. 145. _State vs. McDowell._

[40] _Charleston Courier_, February 27, 1811.

The slave trade · 第 2 / 12 章