Charles Pinckney at the Constitutional Convention

Charles Pinckney was one of four delegates South Carolina sent to the Constitutional Convention.

Library of Congress

Charles Pinckney became a delegate to the Constitutional Convention before he turned 30 years old. At the convention, he was a frequent speaker and contributor to the document that would form our country’s government. What did Pinckney think the new country should be? Let’s find out.

The Pinckney Draft

Charles Pinckney wanted to make a difference in what the Constitution became. As a result, he came to the convention prepared. He brought a draft plan for how the new government would run – now known as the Pinckney plan.On May 29, 1787, according to James Madison, Pinckney “laid before the House the draft of a federal government which he had prepared, to be agreed upon between the free and independent States of America.” [1] The contents of the draft, unfortunately, have not survived to the present day. In 1818, Pinckney sent an alleged version of his draft to Secretary of State John Quincy Adams. The document contained many proposals that were part of the final Constitution, and Pinckney would personally take credit for “more than three-fourths of it [the Constitution] in the very words of my plan”. [2]

Whether the 1818 Pinckney draft is legitimate is a question of scholarly debate. The draft was criticized by Madison, who claimed that Pinckney had altered his document to enhance his role in the Constitutional Convention. Many writers have argued that Pinckney’s draft was either legitimate or fake – arguments from each side can be found in the Notes section. [3] [4] For this article, we will leave the alleged draft to the side and focus on Pinckney’s arguments during debate at the Convention.

A Strengthened Government

In 1787, Charles Pinckney wanted a strong central government – much stronger than what the Articles of Confederation allowed. Under the Articles, it was difficult to pass national legislation, and Congress’ powers over the states were very limited.

During debates at the Constitutional Convention, Pinckney proposed several ideas that would allow the federal government to control its own defense, rather than leaving it to the states. He argued that state militias alone were not sufficient for national defense, and that the federal government must be able to raise its own army. He also proposed many functions of government that are still in use today, such as a patent office, which did not make it into the final draft. [5][6]

Some of Pinckney’s arguments advocated for more Congressional control over other branches and levels of government. He repeatedly advocated for Congress to have the power to veto state laws [7], as well as an easier threshold for Congress to override the President’s vetoes. [8] The override power was added to the Constitution, but the veto over state laws was not.

A Bill of Rights?

A controversial debate at the convention was whether individual rights would be specifically listed in the Constitution. Charles Pinckney repeatedly proposed examples of such rights, and many of them are in the Constitution as amended.

In August, Pinckney proposed a list of 12 ideas that would influence the eventual Bill of Rights. These included freedom of the press, the inability of government to quarter soldiers in homes, the abolition of religious tests for public office, and the strong protection of habeas corpus (the right to know what you are held in prison for). [9] The passages on habeas corpus and religious tests would become part of the original Constitution – a strong departure from the religious monarchies of Europe.

Early in the Convention, Pinckney “doubted the propriety or necessity” of having a process to amend the Constitution without Congress’ consent. [10] His objection was ultimately not followed – Article V of the Constitution provided for an amendment process, including the ability of the states to call a convention without Congress. We do not know whether he formally changed his mind on this, but many of the civil liberty protections he suggested were not adopted during the original convention.

After a hard-fought ratification process, Congress and the states passed ten amendments to the Constitution by 1791 – now known as the Bill of Rights. Pinckney’s proposals would form elements of today’s First, Third, Sixth, and Seventh Amendments.

A Constitution for Whom?

While Pinckney proposed some individual rights, they were for a select few. Pinckney and his fellow South Carolina delegates were among the most vociferous defenders of slavery at the Constitutional Convention.

Pinckney’s status as a plantation owner, and slaveholder, is directly visible in his convention speeches. While debating the workings of the US Senate, Pinckney argued that “there is a real distinction between the Northern and Southern interests. North Carolina, South Carolina, and Georgia, in their rice and indigo, had a peculiar interest which might be sacrificed”. [11] He made decisions throughout the convention that served to protect his “peculiar interest”.

One “interest” was the recapture of escaped enslaved workers. In April of 1787, on the eve of the Convention, this possibility was exemplified in his own backyard. The Charleston Morning Post published an advertisement for “Cudjoe”, a 35-year old escapee, along with seven others, who had escaped from St. Andrew’s Plantation and had once been owned by Charles Pinckney’s father. [12] At the convention, Pinckney argued for “fugitive slaves and servants” – like Cudjoe and his party – “to be delivered up like criminals.” Ultimately, the Constitution would be written with Pinckney’s interests in mind – not those of Cudjoe or other enslaved persons. [13]

Another topic Pinckney debated concerned representation in Congress. Would enslaved workers count toward the population of their states, even though they could not vote or have other basic rights? Southerners like Pinckney urged that they should be counted in full, stating that Black people “are the laborers, the peasants, of the Southern States. They are as productive of pecuniary resources as those of the Northern States. They add equally to the wealth, and, considering money as the sinew of war, to the strength, of the nation”. [14]

This rhetoric may sound egalitarian – but there was a twist. Pinckney had the goal of getting Black Americans counted equally in the census – but without the ability to vote, or any protections against their enslavement. He would eventually accept a compromise on this point – “all other persons”, or enslaved workers, were counted as 3/5ths of a person instead. [15] As a result, Southern states like South Carolina would get increased representation in Congress – and be able to keep people in chains on places like Snee Farm. Charles Pinckney could have his cake and eat it too.

Power to…Some Property Owners

One of Pinckney’s proposals, which did not become law at the convention, nevertheless informed the style of government his state of South Carolina would create. Pinckney repeatedly supported property requirements for office, a system which could make politics the exclusive realm of wealthy people.

On August 10^th, Pinckney “thought it essential that members of the legislature, etc. should be possessed of competent property to make them independent and respectable”. [16] He even specified what that number should be: “were he to fix the quantum of the property required, he should not think of less than one hundred thousand dollars for the President, half of that sum for each of the judges, and in like proportion for members of the legislature.” Adjusted for inflation, that is over $3.3 million dollars today. [17]

This was rejected unanimously by the convention. However, South Carolina went a step further in 1790, when they passed their state Constitution. In order to be a legislator in SC, you had to own 500 acres of land and ten slaves, or have at least $11,000 in real estate value. Additionally, South Carolina also required voters to hold property – at least for the first twenty years of its Constitution. That provision would be repealed in 1810. [18] [19]

South Carolina also adopted another Pinckney suggestion – letting the legislature elect the executive. [20][21] The legislature also appointed South Carolina’s senators, and its electors for President of the US. As a result, plantation owners like Pinckney had given themselves nearly unlimited political power. A legislature made up of predominantly slaveholding landowners controlled every major decision in the state – and eventually drove the country into a Civil War. [22]

Conclusion

Charles Pinckney was an extremely influential delegate to the Constitutional Convention. His writings and arguments are still brought up today at the United States Supreme Court.Pinckney helped to dramatically change our form of government, and to protect some individual rights that we value today. However, he was shaped by a culture that didn’t recognize the rights of most people in South Carolina – enslaved workers[YK2] and impoverished residents. Some of his advocacy was crucial to the foundation of the United States – and some would steer the country toward a bloody Civil War.

Notes:

[1]: The Records of the Federal Convention of 1787, Vol. I. Edited by Max Ferrand. New Haven, 1911. P. 23. Accessed via Library of Congress: https://www.loc.gov/resource/llscdam.llfr001/?sp=51&st=image
Note: This source will be noted as “Madison’s Notes” going forward. Example: “Madison’s Notes – May 29.”
[2]: Letter from Charles Pinckney to Robert Hayne, 1821 Mar. 31. Cited by Lynn Uzzell, “The Deep South’s Constitutional Con”, St. Mary’s Law Journal, Vol. 53, 2022 Sept. 29.
[3]: Burns, Margie. “The Mystery of Charles Pinckney’s Draft of the U.S. Constitution Revisited.” The South Carolina Historical Magazine, Vol. 117, No. 3 (JULY 2016), pp. 184-204. Accessed via JSTOR: https://www.jstor.org/stable/44809417?seq=1
[4]: Uzzell, Lynn. “The Deep South’s Constitutional Con”. 53 ST. MARY'S L.J. 711 (2022). Accessed via Commons: https://commons.stmarytx.edu/cgi/viewcontent.cgi?article=1806&context=thestmaryslawjournal
[5]: Madison’s Notes – August 18
[6]: Madison’s Notes – August 17
[7]: Madison’s Notes – August 23
[8]: Madison’s Notes – September 12
[9]: Madison’s Notes – August 20
[10]: Madison’s Notes – June 5
[11]: Madison’s Notes – July 2
[12]: “Ten Pounds Reward.” Charleston Morning Post and Daily Advertiser, 27 Apr 1787. P.3. Accessed through newsbank.com, 11 July 2023.
[13]: Madison’s Notes – August 28
[14]: Madison’s Notes – July 12
[15]: United States Constitution, Article I, Section II. Accessed via constitutioncenter.org: https://constitutioncenter.org/the-constitution/articles/article-i#article-section-2
[16]: Madison’s Notes – August 10
[17]: “CPI Inflation Calculator.” Accessed via officialdata.org: https://www.officialdata.org/us/inflation/1787?amount=100000
[18]: “Constitution of South Carolina – 1790.” P. 3259. Accessed via columbia.edu: https://moglen.law.columbia.edu/twiki/pub/AmLegalHist/TheEstablishedChurchInSouthCarolina/S.C._Constitution_of_1790.pdf
[19]: Edgar, Walter. South Carolina: A History. Columbia, 1998. Pp. 250-259.[20]: “Constitution of South Carolina – 1790.” P. 3267.
[21]: Madison’s Notes – July 17
[22]: Graham, Jr., Cole Blease. “The Evolving South Carolina Constitution.” Journal of Political Science, November 1996. Accessed 18 Feb. 2024: https://digitalcommons.coastal.edu/cgi/viewcontent.cgi?article=1229&context=jops