USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 11
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In 1800 he was voted for as an opponent to Mr. Jefferson. He failed ! That was the death-struggle of his party, (the Federal.) In 1801 he was elected at the head of the first Board of Trustees of the South Carolina College. He never sought office afterwards. For more than fifteen years before his death, he was the President of the Bible Society of Charleston, to which office he was appointed by the unani- mous voice of the Christian community of Charleston.
He died 16th August, 1825, in his eightieth year. Full of years, glory and usefulness, he was gathered to his fathers.
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We append the epitaph inscribed to the memory of this illustrious citizen, which is on an entabliture in the interior of St. Michael's Church, Charleston, S. C. The design of this memorial, as well as the inscription, are by Charles Fraser, Esq. :
TO THE MEMORY OF GENERAL CHARLES COTESWORTH PINCKNEY, ONE OF THE FOUNDERS OF THE AMERICAN REPUBLIC. IN WAR, HE WAS THE COMPANION IN ARMS
AND THE FRIEND OF WASHINGTON : IN PEACE, HE ENJOYED HIS UNCHANGING CONFIDENCE, AND MAINTAINED WITH ENLIGHTNED ZEAL
THE PRINCIPLES OF HIS ADMINISTRATION, AND OF THE CONSTITUTION. AS A STATESMAN, HE BEQUEATHED TO HIS COUNTRY THE SENTIMENT, MILLIONS FOR DEFENCE, NOT A CENT FOR TRIBUTE. AS A LAWYER, HIS LEARNING WAS VARIOUS AND PROFOUND ; HIS PRINCIPLES PURE, HIS PRACTICE LIBERAL. WITH ALL THE ACCOMPLISHMENTS OF THE GENTLEMAN, HE COMBINED THE VIRTUES OF THE PATRIOT AND THE PIETY OF THE CHRISTIAN. HIS NAME IS RECORDED IN THE HISTORY OF HIS COUNTRY, INSCRIBED ON THE CHARTER OF HER LIBERTIES, AND CHERISHED IN THE AFFECTIONS OF HER CITIZENS. OBIIT XVI. AUGUST. MDCCCXXV. ÆTATIS, LXXIX.
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CHARLES PINCKNEY.
Having undertaken to write a sketch of the life and services of this eminent man, I deeply regret that I have not in my possession, a number of papers and documents relating to him, which would have enabled me to have written much more fully and satisfactorily than I can from memory alone. As it is, however, I will endeavor so to arrange the incidents and circumstances of his highly distinguished and eventful life, as will convey some idea to the reader of who and what he was, and to what extent he was identified with the politi- cal history of his country.
Charles Pinckney was the eldest son of Col. Charles Pinck- ney, an eminent lawyer-one of the most decided Whigs and patriots of the American Revolution, who was President of the Convention of South Carolina, in January, 1775, Presi- dent of the Senate in 1779, and President of the Council 1780. He was born in Charleston, in the year 1758. He was educated by Dr. Oliphant, who was, at that time, the prin- cipal schoolmaster in the city. His entire education was received in Charleston, which, considering that he was a highly accomplished classical scholar, and subsequently, be- came a lawyer and civilian of the very highest distinction, certainly reflects no small credit upon the literary institutions of our city at that early day. He studied law, under his father, who was an ornament of the profession, and, like his father, he became, in early manhood, a decided Whig, and did all in his power to aid his State in her resistance to the tyranny and oppressions of North and Bute.
In 1779, when but of age, he was elected a Member of the Provincial Legislature, to represent Christ Church Parish.
In 1780, he was taken prisoner by the British, and sent, in the schooner Pack Horse, with a large number of other pris- oners, amongst whom were some of the most respectable and distinguished citizens of Charleston, to St. Augustine, where
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they were detained for a considerable time on board that prison ship. He was appointed by his fellow-prisoners, in conjunc- tion with General John Barnwell, to protest against this act of perfidy and outrage. He penned the communication to the British authorities, so that his first essay in political life, was from a prison ship, an incident of which a republican most justly might be proud. The remonstrance drawn up by him on that occasion, is preserved in Ramsay's History of the Revolution in South Carolina.
In 1785, he was appointed one of our delegation to the old Congress, being then in his 27th year.
In 1786, he united with Mr. Monroe, in opposing the relin- quishment of the Mississippi, and, in that year, he was also appointed by Congress, one of a committee to the Legislature of New Jersey, to urge that State to comply with the requisi- tion of Congress, which it had refused to do, respecting the contribution of its quota for the support of Government. The embassy succeeded. The committee requested him to address the Legislature, which he did ; and his speech is preserved in Carey's Museum, vol. 2, pp. 153-4.
In 1787, being then twenty-nine years old, he was appointed by the Legislature, one of four delegates to the Federal Con- vention-that august body, which was composed of the most eminent men from every part of the Union-and whose im- portant office it was to revise the Articles of the Old Confed- eration, and to devise and recommend an entire new Consti- tution for the future government of the United States. He submitted and advocated a plan of government, prepared by himself, the greatest part of which was adopted by the Con- vention, and is incorporated in the present Constitution-so much so, that he has always been considered as entitled to the high and honorable designation of the Father of the Consti- tution. Sketches of his speeches in the Convention are pre- served in "The Madison Papers." Some of them are also preserved in " Elliott's Debates," in the Federal Convention.
Young as he was, and surrounded, too, as he was, by the most eminent sages and statesmen of the country, to have as- sumed and maintained such a position, in such a body, as to
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have caused their work literally and emphatically, to be iden- tified with him, as his, is certainly an honor of no ordinary character; and it would have been a source of great gratifica- tion to the writer to have been able to exhibit, in a condensed form, the principles and policy by which he was governed in the composition of his plan. Suffice it, however, to say, that though our ancestors had just emerged from the colonial state, and were, necessarily, much imbued with British princi- ples and habits of thought and action, yet, it is evident that Mr. Pinckney very widely departed from the monarchical, and made large advances to the republican form of govern- ment, from the fact that, since the adoption of the Constitu- tion, amidst all the changes that the country has undergone, and the decided spirit of democracy that almost everywhere prevails, not a single political feature of that instrument has been altered, nor has any fault been ever found by the people with the general tone and spirit by which it is pervaded. Nor indeed, would it be easy for human ingenuity to devise a plan more admirably adapted to a country like ours, em- bodying, as it does, the beautiful two-fold principle of State Rights and Popular Sovereignty-one branch of the Legis- lature representing the people in their sovereign capacity, the other representing the States in their federative union, and the Executive Department representing both. Such a system was intended to endure forever, and so it would, but for the bad passions of men, who, rather than not rule, would ride to power upon the ruins of their country, and the fanatical ignor- ance of the masses, who suffer themselves to be led blind- folded, by the wily arts of political aspirants. In reference to this part of his life, Mr. Pinckney frequently spoke of the deep diffidence and solemnity which he felt, being the youngest member of the body, whenever he addressed the Federal Con- vention.
In 1788, he was appointed a delegate to the State Conven- tion, by which the Federal Constitution was ratified. His speeches in that body, in favor of adopting the Constitution, are preserved in "The Debates in the State Convention," as arranged and published by the late Benjamin Elliott, Esq.
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In 1789, he was elected Governor of South Carolina, for the first time.
1790, he was elected President of the State Convention by which the present Constitution of the State of South Carolina was adopted.
1791, he was re-elected Governor, without opposition.
In 1795, he delivered a very able and eloquent speech, in St. Michael's Church, in opposition to Jay's treaty with Eng- land. There was a very large popular meeting on that occa- sion, and a great contest between the old Republican and Federal parties. A number of eloquent speeches were made on both sides. Mr. Pinckney's speech is preserved in the American Remembrancer.
In 1796, he was a third time elected Governor of the State. In this election he was opposed by General Pickens.
In 1798, he was elected a Senator to the Congress of the United States, in which election, he was again opposed by General Pickens. During his service in the Senate, he de- livered a number of speeches upon different subjects, espe- cially two, very able, in relation to the proper organization of the Judiciary Department of the Government.
During the year 1800, he was very active and efficient in promoting Mr. Jefferson's election to the Presidency of the Union. He wrote and published a series of political addresses to the people of the State, under the signature " A Repub- lican," strongly advocating the support of Mr. Jefferson. He also, during the same year, wrote and published a series of papers, under the signature of " A Planter," in especial oppo- sition to, and denunciation of, the memorable "Alien and 'Sedition Laws," which were enacted during the administra- tion of the elder Adams.
In 1802, he was appointed by Mr. Jefferson, Ambassador to Spain, in which service he continued until 1806. Mr. Pinck- ney had the high honor, while Minister to Spain, of having negotiated the treaty, by which, not only Louisiana was ac- quired by the United States, but also all that vast territory which now constitutes the State of Texas; an acquisition, not only highly advantageous, in a military and commercial
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point of view, to the Union generally, but of inestimable value in relation to the Southern and slave-holding States.
Immediately upon his return from this embassy, he was again elected to the Legislature from Christ Church Parish- the very parish by which he had first been introduced into public life in 1779, and at the first session of the Legislature, in December, 1806, he was again, and for the fourth time, elected Governor of the State.
In 1810, he was elected a member of the Legislature, from St. Philip and St. Michael.
In 1812, he was re-elected to the Legislature, from St. Philip and St. Michael. At that time politics ran very high in Charleston. Our country was then at war with Britain. Mr. P. was a very decided and powerful advocate of that war. The federal party made every effort in their power to defeat him. But they were unable to succeed.
In 1814, he retired from active political life, but, notwith- standing his unwillingness to be further engaged in politics, he was again compelled to come forth, in 1818, as a candidate for Congress, from Charleston District. The field had been, for some time, occupied by two distinguished gentlemen-in the election of either of whom Charleston District would have been represented by a Federalist. The Republican party at length became excited, and having determined, if possible, that such an issue should not take place, they nominated Mr. Pinckney, went vigorously to work in his support, and he was elected by a large majority.
In 1820, he made a very able and admirable speech in Con- gress, on the celebrated Missouri Compromise Bill. To his honor be it said, he was opposed to that compromise-one of the very few Southern men that were. His opposition showed equally his firmness, his foresight, and sagacity. He distinctly foresaw the effects of the measure, and earnestly warned the South against them .* The Missouri Compromise has since (a few years ago) been repealed. Its repeal was hailed with great gratification by the slave-holding States, from whom an
*This speech is preserved in Niles' Register, 18th volume, pages 349 and 350.
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oppression and a stigma were thus removed. And its repeal would still have continued to be a just subject of rejoicing to the South, if the oppression and the stigma, which it inflicted, had not been revived and enforced in another, more insidious, and more effectual form, by the passage of an Act, (the Kansas Nebraska Act,) and the propagation of the new-fangled doc- trine connected with it, known by the name of Squatter Sovereignty, of which the practical effect is, and was, doubt- less, intended to be, under the pretended garb of equal rights and non-intervention by Congress-to deny protection, by the Federal Government, to the persons and property of slave- holders in the common Territories of the Union, and thus, literally and forever to exclude them from regions bought by their treasure and their blood, and thus enable the enemies of the South to execute their threat-their disorganizing, treason- ble, and destructive threat-that not another slave State shall ever be admitted into this Confederacy. But it is not my pur- pose to dilate upon this subject, though I cannot help feeling that we have arrived at a crisis, in which the South is literally placed between Scylla and Charybdis-in which its only means of preventing the success of the great Abolition party of the North, seems to be by uniting with and supporting that Free-soil Democratic party of the North-whose success would constitute, by the votes of the slave States themselves, not only a virtual surrender of their rights, but even a distinct and absolute acknowledgment, on the part of those States, that they had no right in the Territories for which to contend.
His speech on the Missouri question was the last act of Mr. Pinckney's public life. After that he retired again to private life. Having suffered very heavy pecuniary misfortunes, by which his large and opulent estate had departed from him, he secluded himself much from the world. But he retained his cheerfulness and love of employment. He was constantly occupied in reading or writing-principally in the latter. He wrote a pamphlet of some two hundred pages in support of Mr. Monroe's election to the Presidency, when he was opposed by Mr. Crawford. He also wrote an account of his travels in Europe-having traveled extensively through Spain, and Italy,
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and Germany, and France. For a long period of his life, he was engaged in correspondence with Mr. Jefferson, Mr. Madi- son, Mr. Monroe, and other eminent Americans. He left amongst his papers numerous letters received from them-all of the most friendly character, and also others from Dr. Franklin and the Marquis LaFayette. Mr. P. was constantly employed, and, indeed, indefatigably, as a writer. As a public speaker, he was dignified, commanding, and impressive. His eminent ability was accompanied and recommended by the remarkable persuasiveness and courtesy of his manner, and the invariable fairness of his arguments, and the justice which he never failed to render to opponents. His voice was uncom- monly clear, and musical, and sonorous. There were often- times when he was very ardent and impassioned, and his speaking rose to the very highest order of eloquence. Hence his powerful influence as a public man. He was emphatically the founder, and for a long time the leader, of the old Repub- lican party of South Carolina. The people had unbounded confidence in his integrity, his sincerity, and his high charac- ter, as well as in the purity and soundness of his political principles. He commenced his political career as a Republican, a lover of popular liberty, and a devoted champion of the great doctrine of State-Rights; and he maintained his princi- ples, with unswerving fidelity and consistency, to the close of his existence. No man ever charged him with political ter- giversation. As, in the beginning, he was a firm coadjutor of Jefferson, so, in his very last effort, that on the Missouri Com- promise, he made as fine an exhibition of the relative rights and powers of the General and State Governments, and as powerful and conclusive a demonstration of the political equality of the States, and of the right of citizens of the slave- holding States to occupy the common territory of the Union, and to carry their slave property with them, and of the duty of the General Government to protect them and their property there, until the territory should become a State, and, as such, determine its own political and social institutions for itself, as was ever delivered by any statesman on the floor of Congress. He was a man of very enlarged and liberal views, and always
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earnestly desirous to sustain the principles of free govern- ment, and to maintain the equal rights and privileges of all classes of our citizens. He warmly advocated the abolition of the Primogeniture laws. It was principally owing to his influence and exertions, in the Convention which formed our State Constitution, that the civil and political disabilities, which had all along previously been imposed upon Hebrews, were removed, and no longer suffered to disgrace our Govern- ment. He it was, as Governor, who first recommended the establishment of free schools, in a message to the Legislature, in which he eloquently depicted the advantages of a general system of popular education. Nor was there any project or enterprize, generally speaking, of a patriotic or public-spirited description, calculated to reflect honor on the State, or to promote the welfare of the people, which did not find in him an enlightened friend and firm supporter. He was a man of great personal dignity. He was a delightful convivial com- panion. His conversational powers were perhaps never excelled. There was a charm about him, which arose partly from his fascinating manners, and his sweet musical voice, but principally, perhaps, from the vast fund of knowledge, information, and anecdote, which he possessed, of almost every kind and character; and from the remarkable readiness, and ease, and power, with which he could either impart in- struction, enter into argument, or contribute to amusement. In conclusion, it is almost unnecessary to add, that he was a man of high-toned sentiment and sterling integrity, loved and admired by his friends, bitterly opposed and impugned by his enemies, and one whom his country always delighted to honor, through all the vicissitudes of his varied and eventful life.
Mr. Pinckney died in 1824, aged sixty-six years. He had three children-Frances Henrietta, who married the late Hon. Robert Y. Hayne; Mary Eleanor, who married the late David Ramsay ; and Henry Laurens, who is the sole survivor of his family.
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CHARLES GOODWYN.
This gentleman was in the "sere and yellow leaf" when I first saw him. He had a great reputation, as a lawyer, in the early administration of justice in South Carolina; was a native of England, and was admitted to the Bar, in Charles- ton, on 28th May, 1784.
I have heard it said, that, after the conclusion of Jay's treaty, when the excitement was very high, and public meet- ings were held in Charleston on the subject, Mr. Goodwyn, who was then a stranger, at a meeting in Charleston, sprang upon the stage, and made a speech against the treaty, which electrified the whole audience, thenceforward he was favor- ably known.
He, after his admission, settled at Ninety-Six, and practiced much in the County Courts. It is said, that, on one occasion, he was making a speech to the Jury, before their worships, the County Circuit Judges, at Laurens; the president, who had taken a drop too much, was very drowsy, and dropped off into a comfortable nap. Mr. Goodwyn elevated his voice, as he became excited, so as to awaken his worship, he ex- claimed, "take care, Goodwyn, don't do that again," he dropped off into another unconscious state. While Good- wyn's case grew more and more interesting, as his argument and his speech grew louder and louder, so much so as to arouse the Justice, who arose in great wrath, threatening to trounce the lawyer for disturbing his rest.
Mr. Goodwyn married a daughter of General Andrew Williamson-the "Cow-Driver," as the children designated him. Judge Ramsay married the other daughter; together, they bought Silver Bluff, now the property of Senator Ham- mond. The debt thus contracted caused ruin to both.
I do not remember to have heard Mr. Goodwyn make more than one speech, and that was in the Court of Appeals, in one of the jury-land cases, when he was for the defendant.
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Patrick Duncan, the plaintiff, was present with his land- papers, in a tin-box. Mr. Goodwyn, in allusion to it, said, " Patrick Duncan's tin-box is worse than Pandora's box-in the bottom of that, there was hope, but in Patrick Duncan's box there is no hope." This, said in his indescribable rage and manner, was irresistibly ludicrous.
When I first knew the old gentleman, in the spring of 1815, at Edgefield, he still represented many cases; but he uni- formly moved for a continuance, and generally succeeded. This carried out a former practice, a retainer, to begin, and then a refresher for each continuance.
Mr. Goodwyn died many years since, leaving descendants in Edgefield. His style of speaking had more of the English accent than suited American hearers. It was too pompous- depending more upon words than matter. He was a fluent speaker, and, when young, was, I presume, entitled to the reputation of which I have already spoken.
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PETER CARNES.
This gentleman is better known for his humor than any- thing else. He was a native of Maryland. I know that his wife was Elizabeth Wirt, from the fact of seeing a copy of his will, made by my grandfather, at whose house, “Spring- field," he was once dangerously ill. I see from the rolls of Attorneys in Charleston, he was admitted to the Bar on 8th March, 1785.
To Chief Justice Rutledge, and other boon companions, at Ninety-Six, he described his life. He said, that he began first, as a house-carpenter-that this did not at all answer his purposes. He next tried his hand as a mill-wright, then as the manufacturer of balloons. Neither of these prospering, he became a Methodist exhorter. Here again he failed, which drove him to the Bar. As a lawyer, he said he had succeeded wonderfully. Chief Justice Rutledge said to him, "Brother Carnes, how much would your balloon carry up?" Carnes, looking round and espying Shaw, who was an Englishman- (he was admitted to the Bar, in Charleston, 10th August, 1784)-and a very diminutive man, walked up to him, slapped his hand upon his shoulder, and said, "it would carry on a good, stout chunk of a boy, as big as brother Pop Corn." Shaw was very excitable; this observation filled him brim- full of wrath. Carnes said, " brother Shaw often provokes me until I am ready to knock him down, but when I look at him, he looks so much like a pretty little gal, that I feel like kissing him." At this moment, William Tate, a lawyer, re- markable for a frizzly head, entered the room, Carnes, wheel- ing round and facing him, said, "enter frizzly." Tate, who, like Shaw, was irascible, said, " Mr. Carnes, I should like to know what you mean ?" Carnes said, "Tate, you look like the fragments of a hail storm borne upon a whirlwind."
The Chief Justice's shield was all which saved Carnes from the wrath of the two subjects of his wit.
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William Tate was admitted to the Bar, in Charleston, 20th February, 1787. He was one of the government recruits for the Revolution in France. He went to France, received a com- mission as Chef de Brigade or Demi-Brigade. He was landed as a part of the invading army of Ireland-captured-and after many years' absence-I think, about 1819-returned to this State. I remember seeing him once-a very venerable grey- headed gentleman. What became of him I do not know. His brother, Robert, once owned the plantation north of Sa- luda, in Newberry, opposite to Saluda Old Town, which, at the time I speak of seeing William Tate, was the property of Major William Dunlap, and was claimed in a bill in equity, by William Tate and others. They failed.
In a case of trespass for assault and battery, tried at Ninety- Six, William Shaw, above spoken of, was the defendant's Attorney. Peter Carnes was for the plaintiff. Mr. Shaw pleaded, " molletur manus imposuit." The case turned out, in proof, to be a very aggravated assault and battery. Carnes said to the Judge, when, in his turn, he had the opportunity to address them, " Gentlemen, you all know I am no Latin scholar, but I think I can translate the gentleman's plea, ' mol- letur,' he mauled, ' manus,' the man, ' imposuit,' and imposed upon him. Now, gentlemen, did you ever hear of such impudence-to shamefully abuse my client, and then to come into Court and brag of it?" The argument was irresistible. Other anecdotes of this great humorist, will be found in the Annals of Newberry, at pages 12, 20, 21, 22.
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