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.