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Wtidwell Colonial south carolinas's influence on the american constitution

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This research examines whether or not the colonial statutes of South Carolina, created between 1600 and 1787, helped to shape the American Constitution regarding race and the institution of slavery. …

This research examines whether or not the colonial statutes of South Carolina, created between 1600 and 1787, helped to shape the American Constitution regarding race and the institution of slavery. The research suggests that South Carolina’s persistence and insistence that the institution of racial slavery be protected by the Constitution was a major influence on the perception of slavery by its framers. The Constitution was the document that ultimately encompassed most of the political thoughts and issues found in colonial America.
This research was based on the premise that the field of Black Studies was in need of an analysis and comparison of the similarities between the racism that existed in colonial America and racism after the adoption of the American Constitution and its amendments.
The researcher found that South Carolina’s diligence and insistence during the Constitutional Convention of 1787, that racial slavery be protected by the Constitution, was the major influence on how the American Constitution would be worded, in reference to slavery as a means of representation and possible economical gains.
The conclusions drawn from the findings suggest that, the American Constitution emerged as an inherently racist document supporting slavery as a means of furthering American economic needs. The colonists in all the British colonies (South Carolina included) passed a series of laws that helped maintain the structure of slavery and gave them control over their slave labor. However, colonial South Carolina statutes, more than other colonies, were developed to maintain slavery. These statutes were later supported by the American legal system.

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  • Language is important because “it most easily manifests its author’s conceptual incarceration or conceptual liberation.” Attitude was displayed in the original framers’ perspective direction relates to the framers’ visions of the country
  • Define what “racist” is… Be careful using the word “never”. Can you really support that statement? Maybe, “Blacks will find it difficult to achieve . . .” Odel writes about the Constitution in a Marxis content…
  • "All Negroes . . . who were or will be bought or sold as slaves 'are hereby made and declared slaves, to all intents and purposes'; except those who have been freed or who can prove their freedom." Paul Finkelman, Defending Slavery: Proslavery Thought in the Old South (Boston: University of Tulsa College of Law, 2003), 169
  • Slavery is defined as, the concept embodied in the terms servitude, service, and servant was widely embracive. Servant was a more generic term than slave was. Slaves could be "servants," but servants should not be "slaves". This principle, which was common . . . suggests a measure of precision in the concept of slavery. Winthrop D. Jordan, The White Man's Burden (New York: Oxford University, 1974), 31.
  • 1721 act empowered watchmen to protect the city from rebellions
  • These provisions of the Constitution gave the South only a partial victory. Although it granted protection of slavery, it did allow South Carolina to gain political strength in the Electoral College and House of Representatives.
  • Transcript

    • 1. BY WYLIE JASON DONTE' TIDWELL, III [email_address] Twitter: Follow me @wylie.tidwell Or http://www.facebook.com/wylie.tidwell © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 2. Purpose
      • The purpose of this thesis is to investigate whether or not (the extent to which) the racist colonial statues of South Carolina, created between 1600 and 1787, shaped the American Constitution into a racist document. This particular research will not focus on the impacts of racist documents upon Native American and Indentured Servants, but rather the African slaves that comprised the largest labor force in colonial South Carolina.
      • The colonists throughout the British colonies (South Carolina included) passed a series of laws to help maintain their structure of slavery that would also control their slave labor.
      • South Carolina was a result of the American colonies reliance on slavery for economic gains, with racism as the driving force. This was embedded into the American Constitution to continue racial slavery moving forward after the 1787 Constitutional Convention.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 3. Significance of Study
      • To add to the field of Black Studies in the analysis and comparison of the similarities between the racism that existed in colonial America and racism after the adoption of the American Constitution and its amendments.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 4. Significance of Study cont.
        • Therefore, if the Constitution is a racist document, Blacks will never be able to achieve equality in America due to American racism. The Constitution was the document that ultimately encompassed all the thoughts and issues found in colonial America, which were used as the last piece to solidify slavery in America.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 5. CONCEPTUAL FRAMEWORK
      • Asante’s Location theory
        • Three major concepts
        • 1. Language
          • it most easily manifests it author’s conceptual incarceration or conceptual liberation.
        • 2. Attitude
          • displays the original writer’s perspective, while direction relates to the author’s visions.
        • 3. Direction
          • The affects of an authors language and attitudes and corresponding outcomes.
        • I then added to Asante's location model by showing that the element of place is more than just text, but also geographical regions.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 6. METHODOLOGY
      • Qualitative Research Method
        • Histoiography
          • “ history is used synonymously with the word past and refers conceptually to events of long ago . . . Historiography, then, is a method for discovering from records and accounts, what happened during some past period, but it is not simply fact-centered; rather, historiography seeks to offer theoretical explanations for various historical events.”
            • Burke Johnson and Larry B. Christensen, Educational Research: Quantitative, Qualitative, and Mixed Approaches (Boston: Pearson, 2003); quoted in Bruce L. Berg, Qualitative Research Methods for the Social Science (Boston: Pearson, 2009), 296.
          • The focus of this research is studying events occurring in colonial South Carolina that caused legislation (statutes) to be written to help maintain or strengthen the institution of slavery.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 7. METHODOLOGY continued
      • Qualitative Research Method
        • Histoiography continued
          • Using an Afro-centered historical research focus on the examination of various events in American History (and Government) will provide a better understanding of colonial behaviors and thoughts that would be otherwise trapped in the European historical analysis.
          • Historiography is then helpful in explaining the use of the Easton Model and the workings of political governments.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 8. METHODOLOGY continued
      • David Easton’s “Easton Model” to show the process in which a political system is able to continue as a structure of government and maintain stability through times of change.
      • Four Concepts
      • 1. Persistence
        • all governments desire to maintain their current system and govern it in some fashion that never changes
      • 2. Maintenance
        • When governments seek to maintain the basic values and relationships that characterize the society, economy, and polity . . . for any given society at any given time, the identification of these basic or 'system' values and relationships
      • 3. Stress
        • conditions that challenge the capacity of the system to persist
      • 4. Disturbance
        • activities in the system that are expected to dislodge a system from its current pattern of process
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 9. METHODOLOGY continued © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 10. Research Question
      • What factors related to race and the institution of slavery, as contained in South Carolina statues, affected portions of the U.S. Constitution to become a document based on racist ideals and motives?
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 11. LIMITATIONS
      • Lack of a detailed discussion of all original British colonies
        • based on the large number of slaves in the colony
        • the power of its delegates displayed during the Constitutional Convention.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 12. SIGNIFICANCE
      • The Significance of this study is to explore that during the post civil war years, the same racism found during Colonial America, persisted even with amendments to the Constitution. Which I argue, is a result of South Carolina’s persistence and insistence that the institution of racial slavery be protected by the Constitution even after the abolishment of slavery.
        • Therefore, if the Constitution is a racist document, Blacks will never be able to achieve equality in America due to American racism. The Constitution was the document that ultimately encompassed all the thoughts and issues found in colonial America, which were used as the last piece to solidify slavery in America.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 13. REVIEW OF LITERATURE
      • Three central themes
      • 1. The passage of laws during colonial South Carolina
      • 2. Historical background of the settlers of South Carolina
      • 3. Evidence that suggest slavery was pushed with a racial and economic undercurrent
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 14. FINDINGS
      • The economic divergence between the North and South started as early as the late seventeenth century. This divergence coincided with the development of formal racial slavery, as well as the increase in the production of staple crops (such as tobacco) in the South.
      • The Southern colonies relied on staple crops like rice and tobacco that required a large population of slave labor. As a result, they became very organized “economically, socially, politically, and culturally around the plantation complex more than anything else.”
        • David L. Carlton et al., The South, The Nation and the World: Perspectives on Southern Economic Development (Charlottesville and London: University of Virginia, 2003), 13.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 15. Findings continued
      • The biggest problem in post-colonial America was the lack of a strong central government.
        • “ The Articles functioned as the first national constitution of the United States and, as such, reflected American Political theory as it emerged during the Revolution. Equally important, a textual analysis reveals the extent to which the 1787 Constitution was a logical extension of the Articles of Confederation. Most of the Articles were incorporated in the U.S. Constitution, and several key changes found in the later document were present in embryo in the Articles of Confederation.”
          • Donald S. Luts, "The Articles of Confederation as the Background to the Federal Republic," Publius 20, no. 1 (Winter 1990): 55.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 16. Findings continued
      • Delegates of South Carolina ensure southern interest during the summer of 1787
        • General Charles Cotesworth Pinckney
          • “ I am of the same opinion now as I was two years ago [in 1785] . . . while there remained one acre of swampland un-cleared of South Carolina, I would raise my voice against restricting the importation of Negroes…that the nature of our climate, and the flat swampy situation of our country, obliges us to cultivate our lands with Negroes, and that without them South Carolina would soon be a desert waste.”
            • Leon A. Higginbotham, In The Matter Of Color: Race & The American Legal Process: The Colonial period (New York: Oxford University Press, 1978), 151.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 17. Findings continued
      • Colonial South Carolina Law
        • Heavily influenced by Barbadian heritage
        • The preamble to the 1712 slave code
          • was primarily a statement focused on the understanding that slavery would be the basis for economic growth in South Carolina.
            • "All Negroes . . . who were or will be bought or sold as slaves 'are hereby made and declared slaves, to all intents and purposes'; except those who have been freed or who can prove their freedom."
              • Paul Finkelman, Defending Slavery: Proslavery Thought in the Old South (Boston: University of Tulsa College of Law, 2003), 24.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 18. Findings continued
        • 1721 "maintaining a Watch and keeping Good Orders in Charles Town”
          • 1737 The patrol system was added
        • 1740 all people defined as slaves would remain slaves for their lifetimes
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 19. Findings continued
      • Southern interest dictates the Constitutional Convention
        • The Enumeration Clause of the U.S. Constitution, which is more commonly known as the Three-Fifths Clause, was introduced into the discussion around June of 1787 by either James Wilson from Pennsylvania, or John Rutledge of South Carolina.
        • Major Pierce Butler of Carolina reminds the delegates that, “The security the Southern states want, is that their Negroes may not be taken from them, which some gentlemen within or without doors, have a very good mind to do.”
          • David O. Stewart, The Summer Of 1787 (New York: Simon & Schuster, 2007), 122.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 20. Findings continued
        • General Pinckney again reminded the delegates of his belief that the government should not have any issues with protecting the property of all Americans, even if that property was slaves.
        • The Three-Fifths Compromise was one of only three compromises during the Constitutional Convention, but one in which the delegates from South Carolina seemed to have the most influence.
      • © 2010
      • WYLIE JASON DONTE’ TIDWELL, III
      • All Rights Reserved
    • 21. Findings continued
      • Results of the Great Compromise
        • The American Constitution is very "vague, open-textured, sometimes ambiguous, and in general in desperate need of elaboration.”
          • Harry H. Wellington, Interpreting the Constitution (Binghamton, NY: Vail-Ballou, 1990), 48.
        • The American Constitution, through compromises made during the Constitutional Convention, became a viable force for the stability needed for the system of slavery to survive
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 22. Findings continued
        • Article I, Section 9, and Paragraph 1
          • This section does not make direct mention of African slaves, but refers to them as “such persons.” This Article then perpetuated the importation of slavery until 1808 without any interference from the federal government.
        • Article I, Section 9, Paragraph 4
          • discusses how taxes would be monitored
        • Article IV, Section 2, Paragraph 3
          • This prohibited any state from emancipating a fugitive slave
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 23. Findings continued
        • Article V
          • The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
            • U. S. Constitution, art. 5.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 24. Findings continued
        • Article 4, Section 4
          • Congress will have power to stop all resurrections
        • Article I, Section 8, Clause 17
          • allowed Congress to regulate all institutions, including slavery, inside the nation’s capital.
        • Article 2, Section 1, Clause 2
          • This Article provided for the indirect selection of the President by the state representatives, based on representation in the Congress. Furthermore, by incorporating the Three-Fifths Clause, it allowed the Electoral College to give slave states greater influence during the election process.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 25. Findings continued
      • In the end, the U.S. Constitution created a government of limited powers when it came to the issue of slavery.
        • “ Madison and Hamilton, with the backing of Thomas Jefferson and George Washington, struck a compromise by which the North secured Southern acquiescence to both financial capitalism and the constitutional doctrine of implied powers . . . along with it came the strong implication that the North would not raise serious objection to the institution of slavery. . . ”
          • Kenneth Bowling, The Creation of Washington, D.C.: The Idea and Location of the American Capital (Landham, Maryland: Mason University, 1991), x.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 26. Conclusions
      • The United States’ government is defined and regulated by the American Constitution.
      • Location was a key factor to consider while analyzing the background of the U.S. Constitution, especially the difference between the Northern states and the Southern states.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved
    • 27. Conclusions continued
      • Charles Beard
        • “ Delegates had their own interests and they made the constitution based on that.”
          • William Boone, "Theories of U.S. Constitution origin," lecture delivered to PSC 548, September 10, 2007, Clark Atlanta University, Atlanta, GA.
      • Location, the constitution, the delegates, Southern thought towards slavery, and the economic rationale for slavery--were played out through legislation.
      © 2010 WYLIE JASON DONTE’ TIDWELL, III All Rights Reserved