CHAPTER XIII.

CHARLES COTESWORTH PINCKNEY.

Charles Cotesworth Pinckney of South Carolina, the eldest son of a chief

justice of that Colony, distinguished both as a soldier and a civilian,

was educated in England, and read law at the Temple. He returned to his

native province in 1769, and commenced the practice of his profession;

which, like many of the young American barristers of that day, he was

obliged to abandon for the duties of the camp, when the troubles of the

Revolution began. He became colonel of the first regiment of the

Carolina infantry, and served under General Moultrie in the defence of

the fort on Sullivan's Island. This gallant resistance having freed the

South, for a time, from invasion, Pinckney repaired to the Northern

army, and was made aide-de-camp to General Washington; in which capacity

he served at the battles of the Brandywine and Germantown. He afterwards

acquired great distinction in the defence of South Carolina against the

British under Sir Henry Clinton.

On the return of peace, he devoted himself to the law, in which he

became eminent. He belonged to that school of public men, who had been

trained in the service of the country under the eye of Washington, and

who had experienced with him the fatal defects of the successive

governments which followed the Declaration of Independence. Of his

abilities, patriotism, and purity of character we have the strongest

evidence, in the repeated efforts made by Washington, after the

establishment of the Constitution, to induce him to accept some of the

most important posts in the government.

He was, indeed, one of that order of men to whom Washington gave his

entire confidence from the first. A ripe scholar, a profound lawyer,

with Revolutionary laurels of the most honorable kind,--wise, energetic,

and disinterested,--it is not singular that the people of South Carolina

should have selected him as one of their delegates to an assembly, which

was to frame a new constitution of government for the country to whose

service his earlier years had been devoted.

General Pinckney entered the Convention with a desire to adhere, if

possible, to the characteristic principles of the Confederation; but

also with the wish to make that government more effective, by giving to

it distinct departments and enlarged powers.[444] But in the progress of

the discussions, he surrendered these views, and became a party to those

arrangements by which mutual concessions between the opposing sections

of the Union made a different form of government a practicable result.

He was a strenuous supporter of the interests of the slaveholding

States, in all that related to their right to hold and increase their

slave population. He contended earnestly against a grant of authority to

the general government to prohibit the importation of slaves; for he

supposed that his constituents would not surrender that right. But he

finally entered into the arrangement, by which the postponement of the

power to prohibit the slave-trade to the year 1808 was made a ground of

consent on the part of the Southern States to give the regulation of

commerce to the Union. He considered it, he said, the true interest of

the Southern States to have no regulation of commerce; but he yielded

it, in consideration of the losses brought upon the commerce of the

Eastern States by the Revolution, and of their liberality towards the

interests of the Southern portion of the Confederacy.

The framers of the Constitution of the United States have often been

bitterly reproached for permitting the slave-trade to be carried on for

twenty years after the period of its formation; and the Eastern States

have been especially accused of a sordid spirit of trade in purchasing

for themselves the advantage of a national regulation of commerce by

this concession. It is the duty of History, however, to record the facts

in their true relations.

At the time when the Convention for framing our Constitution was

assembled, no nation had prohibited the African slave-trade. The English

Quakers, following the example of their American brethren, had begun to

move upon the subject, but it was not brought formally before Parliament

until 1788; the trade was not abolished by act of Parliament until 1807,

nor made a felony until 1810. Napoleon's decree of 1815 was the first

French enactment against the traffic.

But in 1787, many of the members of the American Convention insisted

that the power to put an end to this trade ought to be vested in the new

government which they were endeavoring to form. But they found certain

of the Southern States unwilling to deprive themselves of the supply of

this species of labor for their new and yet unoccupied lands. Those

States would not consent to a power of immediate prohibition, and they

were extremely reluctant to yield even a power that might be used at a

future period. They preferred to keep the whole subject in their own

hands, and to determine for themselves when the importation should

cease. The members of the Convention, therefore, who desired the

abolition of this trade, found that, if they attempted to force these

States to a concession that it ought to be immediately prohibited,

either the regulation of commerce--the chief object for which the

Convention had been called--could not be obtained for the new

Constitution, or, if it were obtained, several of the Southern States

would be excluded from the Union. The question, then, that presented

itself to them was a great question of humanity and public policy, to be

judged and decided upon all the circumstances that surrounded it.

Were they to form a Union that should include only those States willing

to consent to an immediate prohibition of the slave-trade, and thus

leave the rest of the States out of that Union, and independent of its

power to restrain the importation of slaves? Were they to abandon the

hope of forming a new Constitution for the thirteen States that had gone

together through all the conflicts and trials and sacrifices of the

Revolution, or were they to form such a government, and secure to it the

power at some early period of putting an end to this traffic? If they

were to do the latter,--if the cause of humanity demanded action upon

this and all the other great objects dependent upon their

decisions,--how could the commercial interests of the country be better

used, than in the acquisition of a power to free its commerce from the

stain and reproach of this inhuman traffic? By the arrangement which was

to form one of the principal "compromises" of the Constitution, American

commerce might achieve for itself the opportunity to do what no nation

had yet done. By this arrangement, it might be implied in the

fundamental law of the new government about to be created for the

American people, that the abolition of the slave-trade was an object

that ought to engage the attention of Christian states. Without it, the

abolition of this trade could not be secured within any time or by any

means capable of being foreseen or even conjectured.

That the framers of the Constitution judged wisely: that they acted upon

motives which will enable History to shield them from all reasonable

reproach; and that they brought about a result alike honorable to

themselves and to their country,--will not be denied by those who

remember and duly appreciate the fact, that the Congress of the United

States, under the Constitution, was the first legislative body in the

world to prohibit the carrying of slaves to the territories of foreign

countries.[445]

It is no inconsiderable honor to the statesmen situated as General

Pinckney and other representatives of the Southern States were, that

they should have frankly yielded the prejudices, and what they supposed

to be the interests, of their constituents, to the great object of

forming a more perfect union. Certainly they could urge, with equal if

not greater force and truth, the same arguments for the continuance of

the slave-trade, which for nearly twenty years afterwards were

continually heard in the British Parliament, and which postponed its

abolition until long after the people of England had become satisfied

both of its inhumanity and its impolicy. Whether General Pinckney was

right or wrong in the opinion that his constituents needed no national

regulation of commerce, there can be no doubt of his sincerity when he

expressed it. Nor can there be any doubt that he was fully convinced of

the fact, when he asserted that they would not adopt a constitution

that should vest in the national government an immediate power to

prohibit the importation of slaves. He made, therefore, a real

concession, when he consented to the prohibition at the end of twenty

years, and he made it in order that the union of the thirteen States

might be preserved under a Constitution adequate to its wants.

For this, as well as for other services, he is entitled to a place of

honor among the great men who framed the charter of our national

liberties; and when we recollect that by his action he armed the

national government with a power to free the American name from the

disgrace of tolerating the slave-trade, before it was effectually put

down by any other people in Christendom, we need not hesitate to rank

him high among those who made great sacrifices for the general welfare

of the country and the general good of mankind.[446]

FOOTNOTES:

[444] Madison, Elliot, V. 133.

[445] Denmark, it is said, abolished the foreign slave-trade and the

importation into her colonies in 1792, but the prohibitions were not to

take effect until 1804. 1 Kent's Commentaries, 198, note (citing Mr.

Wheaton).

[446] In the first draft of the Constitution reported by the Committee

of Detail, it was provided that the importation of such persons as the

States might think proper to admit should not be prohibited. When the

committee to arrange, if possible, certain compromises between the

Northern and Southern States was raised, this provision, with other

matters, was referred, and it was finally agreed that the importation

should not be prohibited before the year 1808. After the adoption of the

Constitution, Congress, by the acts of March 22d, 1794, and May 10,

1800, prohibited the citizens and residents of the United States from

carrying slaves to any foreign territory for the purpose of traffic. By

the act of March 2, 1807, the importation of slaves into the United

States after January 1, 1808, was prohibited under severe penalties. In

1818 and 1819 these penalties were further increased, and in 1820, the

offence was made piracy. Although the discussion of the subject

commenced in England at about the same time (1788), it was nearly twenty

years before a bill could be carried through Parliament for the

abolition of the traffic. Through the whole of that period, and down to

the very last, counsel were repeatedly heard at the bar, in behalf of

interested parties, to oppose the reform. The trade was finally

abolished by act of Parliament in March, 1807; it was made a felony in

1810, and declared to be piracy in 1824. While, therefore, the

representatives of a few of the Southern States of this Union refused to

consent to an immediate prohibition, they did consent to engraft upon

the Constitution what was in effect a declaration that the trade should

be prohibited at a fixed period of time; and the trade was thus

abolished by the United States, under a government of limited powers,

with respect to their own territories, as soon as it was abolished by

the "omnipotent" Parliament of Great Britain. Moreover, by consenting to

give to the Union the power to regulate commerce, the Southern States

enabled Congress to abolish the slave-trade with foreign countries

thirteen years before the same trade was made unlawful to British

vessels.

History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1 With Notices of Its Principle Framers · 第 13 / 16 章