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Gc 975.7 On2b v.2 1198428
GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 02294 3630
Digitized by the Internet Archive in 2016
https://archive.org/details/biographicalsket02onea
BIOGRAPHICAL SKETCHES
OF THE
BENCH
AND BAR
OF
S outh Carolina:
BY
JOHN BELTON O'NEALL, LL. D.,
PRESIDENT OF THE LAW COURT OF APPEALS AND THE COURT OF ERRORS.
To which is added,
THE ORIGINAL FEE BILL OF 1791. WITH THE SIGNATURES IN FAC-SIMILE.
THE ROLLS OF ATTORNEYS ADMITTED TO PRACTICE, FROM THE RECORDS AT CHARLESTON AND COLUMBIA, ETC., ETC.
IN TWO VOLUMES.
VOL. II.
CHARLESTON, S. C. S. G. COURTENAY & CO., PUBLISHERS. No. 9 BROAD STREET. 1859.
1198428
CONTENTS VOLUME TWO.
ATTORNEY GENERALS:
Bailey, Henry.
38
Hayne, Robert Y ..
11
Letters written at his death
18
Legaré, Hugh S
34
Pringle, J. J.
3
U. S. DISTRICT ATTORNEYS:
Gadsden, John.
51
Parker, Thomas.
47
SOLICITORS:
Clarke, Caleb.
76
Davis, W. R ..
81
Evans, D. R.
59
Ervin, James
63
Elmore, F. H.
85
Proceedings in the U. S. Senate
and House of Representatives .. . 86
Edwards, J. D.
102
Hanna, W. J.
105
Jeter, J. Speed
83
McIver, A. M
104
Pearson, P. H.
99
Player, T. T.
101
Saxon, B. H.
74
Stark, Robert.
66
MEMBERS OF THE BAR:
Bowie, George.
207
Bacon, Edmund ..
222
Blanding, Abraham
236
Letters illustrative of his char-
acter. 243
Bowie, Alexander,
420
Butler, George.
476
Brooks, Whitfield
473
MEMBERS OF THE BAR:
Carnes, Peter. .
148
Creswell, Robert.
173
Cogdell, John S ..
.215
Chappell, J. J.
250
Cross, G. Warren
258
Clifton, W. C. C ..
270
Calhoun, J. C ....
.283
A memoir, by B. F. Porter, of
Alabama ...
.289
Crafts, William, Jr.
345
Extract from Rev. S. Gilman's
memoir ..
.351
Eulogy by E. S. Courtenay . 357
Caldwell, John
368
Crenshaw, A.
.371
Cuningham, R.
395
Clendenen, R.
423
Courtenay, E. S.
536
Caston, W. Thurlow
587
Dunlap, John.
175
Dozier, A. Giles
211
Dellett, James.
426
Dawson, L. E.
51S
Egan, Thomas.
231
Ervin, J. R
374
Elliott, Benjamin
402
Elmore, B. T.
.501
Elliott, Benjamin, Jr.
.581
Ford, Timothy
150
Farrow, Samuel
159
Fraser, Charles-
313
Felder, John M
325
Incidents in the early history
of Orangeburg
337
Falconer, William
343
Farrow, Patillo
.503
iv.
INDEX.
MEMBERS OF THE BAR:
Goodwin, Charles 146
Griggs, Isaac. 176
Geddes, John. .209
Gibbes, W. Hasell.
213
Gist, Joseph.
219
Grimké, T. Smith
378
Glascock, John S.
408
Gregg, James.
430
Grimké, Henry
542
Griffin, N. L.
546
Hagood, Johnson
163
Hooker, John
247
Hanford, Enoek
317
Hunt, B. F
436
Herndon, Z. P.
4S2
Henry, James E.
.522
Harrison, Thomas
544
James, Benjamin.
171
James, J. Stobo ..
516
Lowndes, William
260
Levy, Chapman
281
Lomax, William
419
MeCready, John.
178
MeKibben, James.
263
Miller, John B.
.272
Miller, Stephen D
410
Murphy, John.
416
MeDuffie, George 463
MeCraven, John. 487
McCord, D. J. 509
Mc.Willie, William
.505
May, P. H. .514
Nibbs, William 156
Noble, Patrick
390
Nott, Henry J.
.512
Pinekney, Thomas 111
Pinekney, C. C.
130
Pinekney, Charles
138
Patterson, Angus
441
Pepoon, B. F.
477
Preston, W. C.
531
MEMBERS OF THE BAR:
Porter, B. F. .549
Pope, Thomas H. 556
Rutledge, Edward.
115
Letter of John Rutledge 120
Rhett, A. M. 569
Simons, K. L. 182
Letters, &e. . 186
Eulogy by John Gadsden. 192
Simkins, Eldred.
276
Simons, E. P.
488
Tribute of Rev. S. Gilman 498
Sims, Alexander D. .560
Dr. Zimmerman's Eulogy 561
Singleton, R. W. .567
Siegling, John Jr. 539
Taylor, Robert A
469
Taylor, John.
16S
Tillinghast, R. L.
585
Witherspoon, I. D.
.558
Wilson, John Lyde
.319
Ward, Henry Dana.
.394
Williams, Thomas.
459
Witherspoon, John D.
233
Walker, J. Murdoch
574
Letter from Hon. W. D.Porter, 576 Yaneey, B. C. .322
Roll of Chief Justices. 597
" Law Judges
. ib.
66 66 Chancellor ib .
" Reeorders 598
Attorney Generals.
ib .
66 " Solicitors. it .
66 " Adm. Judges for the Distriet of South Carolina ...... ib.
« " U. S. Attorneys for the Dis- triet of South Carolina .. 599
" Attorneys admitted at Charles- ton .. ib.
" " Attorneys admitted at Colum- bia. 605
ATTORNEY GENERALS.
JOHN JULIUS PRINGLE.
John Julius Pringle, an eminent lawyer of South Carolina, for sixteen years Attorney General of that State, was born in Charleston on 22d July, 1753. His classical education was begun there, and completed in the then recently chartered College of Philadelphia, under the auspices of the Rev. William Smith, where he acquired the elements of a scholar- ship for which he was remarked through life. After completing his collegiate course, he returned to Charleston, and com- menced reading law in the office of Chief Justice John Rutledge, in the year 1772. After remaining there some time, he went to England, and became a student in the Temple. In the choice of his profession, he may have been influenced by the fact of his father's having served as Associate Judge of the Common Pleas, in the province of South Carolina, under appointments received respectively in 1760 and 1762.
Whilst engaged in his studies at the Temple, where he laid the foundation of his future eminence at the Bar, the great question of the subjugation of the colonies was the leading topic of discussion both in and out of Parliament, and he engaged his pen in the cause of his country. An article, published by him in one of the daily papers, was written with so much ability and displayed such correctness of information on American affairs, that the Duke of Richmond, an active and prominent opponent of the Ministry, in the House of Lords, solicited, through the editor, an interview with its author.
Having kept the requisite number of terms at the Temple, he might have been called to the Bar but for the oaths of allegiance which he would have been compelled to subscribe.
The Revolutionary war breaking out, he went over to the Continent, and remained some time in France. Whilst there, in 1778, he became the Secretary of Mr. Ralph Izard, who
4
ATTORNEY GENERALS.
had been appointed by Congress a Commissioner to the Court of Tuscany. We find in Sparks' Life of Franklin, that Mr. Izard, upon some real or imaginary grievance, addressed a letter to Dr. Franklin, requesting an explanation. Mr. Pringle, who was the bearer of it, was instructed to submit to Dr. Franklin the particular grounds of Mr. Izard's complaint, which he did, and furnished Mr. Izard with a written state- ment of his interview and conversation with Dr. Franklin, which is reported by Mr. Sparks. The ability displayed in his account of this interview would show to the inquiring reader the maturity of his mind. There was no interruption, however, of his friendly visits to Passy.
The difficulty of obtaining a safe passage homeward, compelled him to go to Holland, from which he returned by way of the West Indies, in one of the islands of which he was detained some time by illness. Having reached his native city, he was admitted to the Bar in 1781, and thenceforward applied himself most diligently to the practice of the law.
In 1787 he was chosen Speaker of the House of Assembly, and served in that capacity for two years. His fellow-citizens manifested their high confidence in him by offering to send him a delegate to the Convention at Philadelphia, which he declined, on account of the absence which it would necessarily require from professional duties, to which he had determined exclusively to devote himself. But he consented to serve in the Convention which formed the Constitution of the State.
Having now acquired a standing of eminence at our Bar, he received from General Washington the appointment of District Attorney in the United States Court for South Carolina. His commission, which bore date 20th September, 1789, being accompanied by a request from the President that he would not decline its acceptance, as it was desirable that there should be no refusal of office by any one to whom an appointment was tendered under the new government. He therefore accepted it, and served until, by his special recommendation, the late Mr. Thomas Parker was put in his place, who filled the office ably and honorably until his death, in 1820.
It must be known to all acquainted with our history that
5
ATTORNEY GENERALS.
the treaty of peace between the United States and Great Britain was followed by difficulties that threatened its speedy interruption. Infractions of its provisions were mutually charged by the parties. Those alleged against the United States related to the payment of debts, the confiscation of property, and the prosecution of persons for their conduct during the war. It being important that the government should be informed of the truth, a letter was addressed to Mr. Pringle by Mr. Jefferson, then Secretary of State, 12th August, 1800, " with the special approbation of the President," requesting him to obtain and transmit information of all proceedings and decisions whatsoever in this State, which might be considered infractions of the treaty, and also of all acts and circumstances which might enter into the justification or explanation of them.
On the 20th of December, 1792, he was appointed Attorney General of South Carolina, which office he filled with dis- tinguished ability and untiring industry for sixteen years ; attending annually, under the existing arrangements of the Courts, two terms of four different circuits. During that interval, several important offices were tendered to him by the General Government, which he uniformly declined, in pursu- ance of his determination to make his native State and City the scene of his labors.
Being temporarily absent at Philadelphia, early in 1796, to argue a case before the Supreme Court; whilst there, an offer was indirectly made to him to appoint him a commissioner under Mr. Jay's treaty. But his preference of home prevailed, and he returned to Charleston early in March of that year. The spell that bound him to his native city was too strong to be broken. It fortified him against every attraction of office and honor that would force him from its sphere. Of this he gave the most striking proof in resisting the inducements offered to him in the following letter :
" WASHINGTON, JUNE 15, 1805.
Sir : The office of the Attorney General of the United States being vacant, it would be extremely pleasing to me if I
6
ATTORNEY GENERALS.
could avail the public of your services in that station; I therefore take the liberty of proposing the commission to you. Though the circumstances which may principally influence your decision are unknown to me, it may not be improper to state sonie which lie more immediately under my view than your own. The practice in the Supreme Court of the United States, held here, and the District Courts of Columbia, held here and at Alexandria, is said to be easy and profitable. The higher Courts of Maryland and of the United States, within that State, are within half a day's ride, to wit: at Anapolis and Baltimore. The recess, which the administration is in the practice of taking in the months of August and September, would enable them to dispense with your attendance till October or November, although it will be acceptable at any earlier moment convenient to yourself. So soon as you shall signify to me your acceptance, a commission shall be forwarded to you. And should we be not so fortunate as to obtain your aid, an early notice of that is desirable.
Accept my salutations and assurances of great respect,
TH. JEFFERSON. TO JOHN JULIUS PRINGLE, Esq.
Amongst the private reasons of Mr. Pringle for declining this honor, was one (known to the writer of this memnoir, too characteristic of his heart not to be mentioned). He had an aged and infirm parent, to whose brief remnant of life his presence imparted its chief earthly solace. To quit her, was impossible.
Being conspicuous and leading at the Bar in the early history of our State, it is not too much to say that no one has made a deeper impression upon the principles of our juris- prudence. His learning was various and profound, and his arguments remarkable for their ingenuity. An instance of this singular ingenuity, which attracted, at the time, the general admiration of his brethren of the Bar, may be found in his reasoning in the amicable suit of J. R. Pringle and wife vs. Exors. of McPherson, reported in 2 DeS. Eq. Rep. 524. Another of his arguments may be found in Lindsay's
7
ATTORNEY GENERALS.
case, 2 Bay, 38. Judge Richardson, accounting, in a dissent- ing opinion, for the successful impression left by Lindsay's case, says, in The State vs. Dawson, 2 Hill's Law Rep. 114, "The City, too, employed the Telamonian Ajax of the day, and he held his broad shield over the city claim for extension, and put his strong hand over the pages of Bynkershock and Vattel," &c.
He was as remarkable for his modesty as he was for his ability, so that it was said of him, as it was of the distin- guished Sir Matthew Hale, that he was as remarkable for declining honors as others are for seeking them.
After relinquishing the office of the Attorney General of the State, he seldom appeared in Court, except as counsel in some leading case. Very few of the lawyers of the present day have brought into the heat and dust of the Forum so much of classical attainment and refined literary taste.
And when his professional labors were ended, the attain- ments, which had been ornaments before, became the solace of his declining years.
1
Among the sources of pleasure accompanying him in re- tirement was that of having seen four of the former students of his office elevated to the Bench of his native State-Chan- cellors Marshall and Waties, and Judges Lee and Richardson. The early election of Judge Waties to the Common Pleas Bench, 1789, was mainly owing to the friendly exertions of Mr. Pringle. And it is but due to him to say, that he always manifested an affectionate interest in the advancement of those who had received their legal education under his aus- pices, at the same time extending the greatest kindness and indulgence to all the younger members of the Bar, whom he was ever willing to assist with friendly counsel and gratui- tous professional services.
Whilst invariably declining offices that would remove him from the endearments of domestic life, and whose competi- · tions and responsibilities were correspondent to their eleva- tion, he was not unwilling to be useful to his fellow-citizens at home, and served them in several capacities. He was President for four years of the Board of Trustees of the Col-
8
ATTORNEY GENERALS.
lege of Charleston; also, for a like term, President of the Charleston Library Society. For several years he was Chair- man of the Vestry of St. Michael's, and, upon his resignation, presented to the church the large chandelier that now adorns its interior. Withdrawn from all worldly employments at the approach of old age, and receiving its warnings and admoni- tions with that tranquillity which is the concomitant of virtue, he sought and enjoyed no other society than that of his own family. His mind had been disciplined by affliction, and its fruits were patience.
Reading, to the last, was his chief employment; Provi- dence, in its kindness, having left to him this resource, by the unimpaired preservation of his sight. Though familiar with classic and English literature, the branch of the latter in which he appeared most to delight was the writings of the great divines. The sermons of Barrow and Atterbury were almost his inseparable companions. He also greatly admired the gigantic intellect of Bishop Horseley, whose sermons on the "Lord's Resurrection," contained, as he said, as able and triumphant an exposition of evidence as he had ever read. The highest reward of a virtuous life is peace at the last.
" Nulla recordanti lux est ingrata gravisque;
Nulla subit, cujus non meminisse velit."
In this happy repose of conscience he was gathered to his fathers.
[Extract from the Charleston Courier of 20th March, 1843.]
DEATH OF THE HON. JOHN JULIUS PRINGLE.
This venerable and distinguished civilian closed his long and honorable pilgrimage on earth on Friday last, having nearly reached his ninetieth year. He was born in this city about the year 1754, and was the son of the Hon. Robert Pringle, who was appointed Assistant Judge of the then pro- vince of South Carolina, on the 3d March, 1760, and held that office during the successive Chief Justiceships of James Michee, William Simpson and Charles Skinner. He received the rudiments of an excellent classical education in this city and in Philadelphia, and afterwards studied law in the
9
ATTORNEY GENERALS.
Temple, in London. Returning to his native city soon after the Revolution, he commenced the practice of the law with eminent success and ability. He bore a prominent part in the early legislation of our State, and on the 8th March, 1787, he was elected Speaker of the House of Representatives, suc- ceeding Judge Grimké in that office. On the 20th December, 1792, he was appointed Attorney General of the State, and continued to fill that office with eminent ability until he re- signed, and was succeeded by Langdon Cheves on the 17th December, 1808.
For many years before his death, Mr. Pringle had retired from public life and professional engagements, enjoying otium cum dignitate, and embellishing private life by the practice of social virtues, and giving grace to old age by indulgence in literary pursuits.
As a gentleman, he was a model of courtesy and refine- ment; as a lawyer, he was one of the most profound and eminent that ever illustrated our jurisprudence or adorned our Bar; and we are gratified to learn that a sketch of his life may be expected from one who knew him well, and who will do justice to his unsullied purity of character, his eminence in learning, and his soundness of judgment-all combined with a diffidence that instinctively shrank from display, but never from duty.
The funeral of the venerable subject of this inadequate tribute took place on Saturday last, and the several Courts of justice then in session adjourned for the day, in order to do honor to his obsequies.
The Court of General Sessions and Common Pleas, Judge Evans presiding, adjourned on motion of H. Bailey, Esq., Attorney General.
The Court of Equity, Chancellor D. Johnson, presiding, adjourned on motion of the Hon. M. King; and the Chan- cellor ordered the following entry to be made on the journal : The Court, having met this morning according to appoint- ment, immediately adjourned to attend the funeral of the venerable John Julius Pringle, one of the last survivors of the men of the Revolution, and formerly Speaker of the House
10
ATTORNEY GENERALS.
of Representatives and Attorney General of the State, and ordered that this adjournment be entered on the minutes and no farther business be done this day.
The District Court of the United States, Judge Gilchrist presiding, adjourned on motion of E. McCrady, Esq., District Attorney. On the presentation of the motion, his Honor said : The Court agrees with the gentlemen of the Bar, in the pro- priety of paying every respect and honor to the memory of their deceased brother, submitted in their behalf. This testi- mony of respect is due to Mr. Pringle, not only as a member of a profession which he adorned and illustrated by his prac- tice in the days of the Rutledges and the Pinckneys, but as a man distinguished for his virtues in public and private life. Let the Court be adjourned.
The following entry was ordered to be made on the journal : On motion of the United States Attorney, in behalf of the Bar, it is ordered that, in consideration of the death, and in token of the respect of the Bench and the Bar for the memory of the late John Julius Pringle, this Court do now adjourn ; and it is ordered that this rule be entered upon the journals of the Court.
11
ATTORNEY GENERALS.
ROBERT Y. HAYNE.
This gentleman, who filled every walk of life well, and even with distinguished success, passed away not quite twenty years ago, amid the tears and praises of his native State, and yet the monument to perpetuate his name has not been erected,* and I have seen no just biography of his life and actions. To place him properly before the people of South Carolina would be a grateful office to an old friend and fellow-laborer in many of the fields of life.
Robert Y. Hayne was born the 10th day of November, 1791. He was reared in the country, near Charleston, and his education was scarcely beyond academic, but he seems to have stored his own mind with knowledge. He studied law with Judge Cheves, and was admitted to the Bar 2d November, 1812, just eight days before he was of age. This precedent, which was then set, has been repudiated by the Judges since; and each and every young man, who happens now to want a few days of age, at the examination day, is obliged to wait for months after, before he can be examined.
* CITY COUNCIL, Tuesday, Oct. 8, 1839.
The Mayor reported to Council the proceedings of the public meeting of citi- zens on the 2d instant, in relation to the death of the Hon. Robert Y. Hayne, in connection with which he offered the following resolutions for the consideration of Council, viz :
Whereas, The citizens; at their meeting on the 2d instant, in relation to the lamented death of the Hon. Robert Y. Hayne, adopted, among others, the follow- ing resolution, viz :
Resolved, That in further testimony of our admiration and gratitude for the character and services of the deceased, we cordially concur in the suggestion of the Honorable the City Council, that a monument be erected to his memory in the centre of the City Square, and that the City Council be, and they are hereby authorized and requested to erect the same in the name of the City of Charleston, and the Neck, &c., &c., &c.
Be it therefore Resolved, 1st, That a monument shall be erected to the memory of the Hon. Robert Y. Hayne, in the centre of the City Square, &c., &c.
The resolutions were unanimously agreed to by the Citizens of Charleston, and by the City Council.
12
ATTORNEY GENERALS.
Knowing the importance to the young and needy of a short time, I confess such a harsh rule has never met my approbation.
Ilis first wife was the daughter of Gov. Chas. Pinckney, by whom he had three children-two sons and one daughter-the former are dead, the latter is still living ; his second wife was the daughter of the late Col. Wm. Alston, by whom he had two sons, both of whom are still living.
Robert Y. Hayne succeeded to most of the business of his great master; who had, in 1810, been elected to Congress. His advice to his pupil, " never distrust yourself," strengthened him for his work then and ever afterwards.
His career at the Charleston Bar was success and reputa- tion at every step. Much of it he owed to his unrivalled statement of his cases: he understood them well, and he presented the clear image of them in his own mind as in a mirror to his auditors.
He was the captain of an uniform volunteer company, and protected one of his men with fearless intrepidity from the outrages of a mob, in consequence of some inconsiderate foolish expression.
In 1814, he was elected to the House of Representatives from St. Philip's and St. Michael's ; and here began the devel- opment of his talent as a legislator-acute, fearless, wise, and laborious. On the election of Gov. Williams,* he was appointed one of his aids, and thereby obtained the title of Col. Hayne,
* In December, 1814, the Legislature seemed not to be satisfied to elect either of the avowed candidates for Governor. The mess at Mrs. McGowen's consisted of a large number of the upper country members; among whom were Col. Starling, Major Robert Wood, and others, with whom I was well acquainted. I was then a little beyond 21, had been admitted to the Bar in May, and had been in service with Col. Tucker and Maj. Wood at Camp Alston. I had, therefore, some of the presumption of youth with the privilege of acquaintance with these eminent men. I had seen by the papers that Gen'l. David M. Williams, of Society Hill, had resigned his commission in the United States service, and was at home. I took the liberty of suggesting to the gentlemen of Mrs. McGowen's mess Gen'l. Williams, as a fit person to be Governor. It met with unanimous approbation, and on consulting his friend, Timothy Dargan, of Darlington, who said he knew the General did not desire the office, but he knew he had never refused to serve when elected, he was put in nomination before the Senate and House of Repre - sentatives, and was elected by an overwhelming vote. A messenger was des- patched to inform him of his election. The messenger met him driving his own wagon near Society Hill, and inquired if Gen'l. Williams was at home ; he was
13
ATTORNEY GENERALS.
by which he was long distinguished. In 1816, I first entered the State House as a member from Newberry. There I first met Col. Hayne, although I had frequently seen him, and admired him as a young and active member. He was, I found, not only intelligent, but a useful member in the preparation and prosecution of business. In December, 1817, the Judges, to obtain the increased salary, resigned. Colonel Hayne was put in nomination against Judge James, and from the indications of the first ballot, would have been elected on the second. Col. Hayne sought the advice of Gen'l. Huger, and after a conference with him, announced to the House that he was not a candidate, and would not accept the office. This saved the Judge for a time.
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