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APPENDIX.

No. I.

EFFORTS OF GENERAL CHARLES COTESWORTH PINCKNEY TO SUPPRESS DUELLING.

It is possible that some persons of the present generation need to be informed that the opinion of this gentleman upon every subject of public concern is entitled to the most respectful consideration. He was a native of South Carolina, of which Colony his father was Chief Justice. He was sent to England to be educated, and acquired there a high reputation as a scholar. He completed his legal studies in the Temple during the controversies which preceded the Revolution, and returned to South Carolina and entered upon the duties of his profession. His services in the field were soon required. He was commissioned a captain, and rose rapidly to the command of a regiment. In the battles of Brandywine and Germantown he was an aide-de-camp to Washington, and acquitted himself with distinguished honor. Transferred to the South at a subsequent period of the war, and to the defence of his native State, his zeal and good conduct were much commended by military men of rank. At the fall of Charleston he became a close prisoner, and was refused the privilege even of following to the tomb the remains of his only He was a member of the Convention that framed the Constitution of the United States, and exerted great influence in procuring its adoption by the people of South Carolina. The affection and confidence of Washington were often manifested, since he offered him successively the offices of Judge of the Supreme Court of the United States, of Secretary of War, of Secretary of State, of Minister to France, and of Major-General in the army. He declined the judicial and cabinet appointments, but accepted the others. His love of country was of the loftiest

son.

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kind, and two instances of his exhibition of it may be mentioned. Thus, when abroad on his mission, and the French agents demanded a loan as a prerequisite to a treaty, he replied, “ Millions for defence, but not a cent for tribute"; a sentiment which has passed into a maxim. So again, when some of his friends, solicitous for his honor, advised him to resent the supposed injustice of the Commander-in-chief in naming Hamilton (his junior in the army of the Revolution) as his superior in the army raised during the difficulties with France, he said, "I am confident that General Washington has sufficient reasons for this preference. Let us first dispose of our enemies; we shall then have leisure to settle the question of rank."

When, in the year 1800, General Pinckney was a candidate for the Vice-Presidency, Hamilton preferred him to Mr. Adams for the first office. In the election for the fifth term, he was the opponent of Jefferson, and in that for the sixth, of Madison, for the Presidency. In private life he was one of the most exemplary of men. His manners were frank, his morals pure, his religious affections warm and active, his charities broad and liberal.

The fall of Hamilton was the immediate cause of the two papers here inserted. The first is an official communication as Vice-President-General of the Society of the Cincinnati of the United States, to the President of the New York State Society of the Cincinnati, and is dated at Charleston, South Carolina, August 18, 1804.

"SIR,- With deep affliction, I received the account of our irreparable loss by the death of our late President-General. This deplorable event has been sensibly felt and lamented in this part of the Union, even by those who were not personally acquainted with him, and who did not coincide with him in politics. By me, who have witnessed his calm intrepidity and heroic valor, on trying occasions, and was acquainted with his transcendent abilities and amiable qualities, and honored with his particular friendship, his loss is most poignantly felt, and his memory will be ever most affectionately revered.

"Is there no way of abolishing, throughout the Union, this absurd and barbarous custom, to the observance of which he fell a victim? Duelling is no criterion of bravery; for I have seen cowards fight duels, and I am convinced real courage may often be better shown in the refusal than in the acceptance of a challenge. If the Society of Cincinnati were to declare their abhorrence of this practice, and the determination of all their members to discourage it as far as they had influence, and on no account either to send or accept a challenge, it might tend to annul this odious custom, and would be a tribute of respect to the sentiments and

memory of our late illustrious chief. If the State Society of New York should coincide with me in opinion, I should be glad to have their sentiments how best to carry it into execution; whether by submitting it to a meeting of the General Society at New York, Philadelphia, or Baltimore, or by referring the matter at once to the different State Societies, for their consideration.

"I have this day received your favor of the 25th of July, and am much obliged to the State Society, and to yourself, for it. With sentiments of great respect, I have the honor to be

Your most obedient servant,

"CHARLES COTESWORTH PINCKNEY, V. P. G. S. C.” The above communication was followed, in September of the same year, by the following circular. It was addressed to clergymen and others of standing in South Carolina, with the accompanying Memorial. The postscript was, however, omitted in the letters to laymen.

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SIR,- Having been appointed by the South Carolina State Society of the Cincinnati, and the American Revolution Society, a joint committee for draughting and circulating a memorial to the Legislature, praying for legislative interference to restrain the practice of duelling, we have agreed on the inclosed memorial, and transmit it to you, with our earnest request that you would use your most vigorous exertions to have it generally signed. It is unnecessary to dilate on the mischievous consequences of duelling, to induce your endeavors to check a practice so dishonorable to this State, in which it is our boast to be governed by laws, and not by men. The necessity of applying to the Legislature on the subject, is obvious; for it is well known that the existing laws have never brought any duellist to serious inconveniences, and there is wellfounded reason for believing that they never can, in consequence of the weight of precedents to the contrary. Our only alternative, therefore, is to acquiesce in the practice of duelling, or to restrain it by a new law. The difficulties of framing any law that may afford an adequate remedy to the evil are great, but not insurmountable.

"It is not to be supposed that our Legislature is less wise than that of several of our sister States, whose laws have been so operative, that in several of them duels are absolutely unknown. If a respectable number of the friends of good government, morality, and religion sign the memorial we have forwarded, or any similar one, the Legislature, ever attentive to the wishes of their constituents, will enter seriously on the business, and we doubt not of their ability to frame such regulations as will certainly abolish the evil.

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1

Independent of any law which may be passed, the sentiments of the most respectable part of the community, in opposition to duelling, declared and avowed by signing the memorial, will have a very beneficial effect. It will tend to correct the public opinion, and to restrain all who wish for the esteem of their fellow-citizens from engaging in a practice which the virtue and good sense of the community have so pointedly

denounced. These, and many other arguments which must occur on reflection, will be sufficient to convince you, that, in procuring signers to the memorial, you will do a service acceptable to God and beneficial to man. We have further to request you to forward the memorial to Columbia, by the first Monday in November next, that they may all be presented together to the Legislature on the first day of their meeting; when we hope for the sublime pleasure of seeing an abhorrence of duelling pointedly expressed by many thousands of our most deserving citiWe We are, with great respect,

zens.

Your most obedient servants,

"CHARLES C. PINCKNEY,

JAMES KENNEDY,

WILLIAM READ,

"DAVID RAMSAY,

HENRY W. DESAUSSURE,

WILLIAM ALLEN DEAS,

JAMES LOWNDES,

RICHARD FURMAN,

Committee

of the Cincinnati.

Committee

of the American Revolution Society.

"P. S. Impressed with a firm belief that many advantages would result from illuminating the public mind on the inconsistency of the spirit and principles of the practice against which the memorial is levelled, with the spirit and principles of our holy religion, we earnestly request, as a particular favor, that you would, at some convenient early day, preach a sermon on the sin and folly of duelling. When the public sentiment is correctly made up on this subject, the advocates for duelling will be struck with their inconsistency in claiming for themselves the high and honorable appellation of Christians. In our opinion, public previous notice of the day on which the proposed sermon will be preached would in general be both proper and useful; but on this subject you will judge for yourself.

"To the Honorable the President and Members of the Senate, and the Honorable the Speaker, and the other Members of the House of Representatives of the State of South Carolina.

"The Memorial of the subscribers, citizens of the said State, showeth, "That your memorialists are deeply impressed with grief at the prevalence of the custom of duelling, which, trampling upon all laws, human and divine, sweeps off many useful citizens, leaving their families a prey to sorrow, and often to poverty and vice.

"That this custom originated in dark and barbarous ages, when a regular and impartial administration of justice was unknown and unpractised; but it ought not to be tolerated by the civilization of modern times, under a legislation which has provided, or may easily provide, adequate redress for all serious injuries committed against the life, liberty, fame, or property of the citizen.

"That this custom erects a tribunal for the settlement of personal differences, in which, contrary to all sound principles, a man becomes the sole judge in his own cause; whence, as might have been expected

from such a code, the only punishments for the lowest, as well as highest offences, are written in blood.

"That restraining personal resentments, by giving the attribute of vengeance to the laws, was the greatest victory obtained by civilization over barbarism; but the custom of duelling is too well calculated to defeat the beneficial effects of that triumph, and to weaken the authority of all laws, by accustoming men to contemn their sanctions.

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"That your memorialists are apprehensive, from the frequency of the practice of late years, that this custom is gaining ground, and seems likely to be carried to such great lengths, as to degrade men to the condition of gladiators, and to introduce anew the reign of barbarism. That, from the nature of the human mind, men are ever ready to follow examples, especially those set by eminent persons; when, therefore, the body of the community perceives great, and in other respects virtuous citizens, shedding each other's blood on slight provocations, or trivial pretences, the fatal practice becomes general. Thus the barriers between virtue and vice, innocence and guilt, are broken down; and that horror of shedding human blood wantonly, which is the best safeguard of the peace of society, is greatly diminished, or wholly destroyed. "That, in countries where distinctions of rank are sanctioned, a pernicious custom may exist, and be confined to the higher orders of society, and be comparatively little destructive ;- but that, in our country of equal laws, rights, and rank, such custom, if unchecked by the laws, will necessarily become general, and spread its destructive effects far and wide in the community, to the desolation of thousands of families.

"That this mortal vengeance is not resorted to merely in cases of grievous injuries, for which the laws may not have provided an adequate remedy; but in many cases of trivial offence, which a generous mind would willingly pardon, this tyrant custom is supposed to impose an obligation to call out to the field of blood even a companion or friend, who may have unguardedly given the provocation.

"That this absurd custom decides no right, and settles no point; as the religion and philosophy of modern times will not admit that the Almighty Disposer of events will interpose his power on such an impious appeal to his justice; which the credulity of the Gothic nations believed when this custom existed among them in the form of judicial combat. It is, therefore, conceded universally, that the innocent and aggrieved person is as likely to be the victim as the guilty offender, and probably more so, as a mild and peaceable man would be less inclined to acquire or exert a murderous skill, the effect of which he abhors.

"That the pretence of those who would excuse this custom on the ground that it polishes society, and prevents assassination, is wholly unfounded; as the most polished nations of ancient times, the Grecians and Romans, and the most humane and civilized nations of modern times, the Chinese, have enjoyed society in perfection, without the adventitious aid of this pernicious and unnatural custom; which, though in direct hostility to the principles of Christianity, prevails only in Christian Europe and America.

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