USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36
In October of that year, a volunteer company of Artillery, (in the place of that in which he had served at Camp Alston, and which had been disbanded,) was raised at Newberry, and he was elected captain. To this point in his life he always refers as conferring more pleasure and pride than any other.
His first Equity speech was made at Laurens, before Chan-
b
xviii
JOHN BELTON O'NEALL.
cellor DeSaussure, at the June Term of 1814, for Washington Equity District. The Chancellor's approving smile was of great benefit to him then, and so was his friendship ever after. His first law speech was made at Union Court House, in Octo- ber, 1814, in a malicious prosecution case; notice of which was made in the sketch of James McKibben. When the case was going on, Judge Crenshaw, then a practicing lawyer, said to the defendant, James Duncan, son of Alexander Duncan, "you had better employ me, the young man who is about to speak against you is not known to you." "Never mind," was the old man's reply; "cousin Josey (meaning Colonel Joseph Gist) will fix them." But the old gentleman learned, in the sequel, by a verdict of two hundred dollars, that "the race was not always to the swift, nor the battle to the strong." His first law speech at Laurens was, in November, 1814, in defence of a poor fellow, for stealing a sheep, who was ac- quitted. These were voluntary speeches, and led the way to reputation and future employment. Young lawyers mistake much their duty to themselves, in declining opportunities to speak without fee or reward. His early success at the Bar he always attributed more to the favor of the people, and the encouraging helping hand extended to him by the Bench and Bar, than any intrinsic merits which he possessed. For he knows now, that his legal acquirements then were very slender.
In October, 1815, he had the misfortune to be visited with an attack of fever; he, however, kept pace with the business of his office, in the midst of successive and daily intermittent attacks. At Court, by the blessing of God, he was able to maintain his usual stand at the Bar.
At the October election of 1816, he was returned third, out of four members of the House of Representatives, from New- berry District. This gave him the opportunity of being more generally known, and probably furthered his views of ad- vancement; but if he had the privilege to live his life over, he would not seek such a position so early in life. On the 2d December, 1816, the degree of Master of Arts was con- ferred on him by the South Carolina College. On the 7th of
xix
JOHN BELTON O'NEALL.
August, in 1817, he was elected from the rank of Captain to that of Colonel of the Eighth and Thirty-ninth Regiments of Militia. He was enthusiastically fond of the military, and soon raised his regiment to a proud position as militia. The whole regiment were devotedly attached to their Colonel. Like many other young men, his vanity was played upon by professed friends, and he was presumptuous enough to offer for Major-General against his commander and friend, Brigadier-General Tucker. That he was defeated was ex- actly what he deserved. The officers of his own regiment evinced their fidelity by giving him an unanimous vote. This consoled their young colonel in his defeat; and has ever since been gratefully referred to.
In the December Session of the General Assembly of that year, he voted for the increase of the Judges' salaries; the consequence was, that at the elections of 1818 and 1820 he was left at home. This period of rest from political pursuits, he thinks, was of immense advantage to him; it made him a much better lawyer, and increased his reputation and business.
In 1816, he was appointed by Governor Pickens one of his Aids, with the rank of Lieutenant-Colonel; this appointment he resigned, in consequence of his election as Colonel. In December, 1817, he was elected a Trustee of his Alma Mater, the South Carolina College; and he has filled that office ever since, with the exception of a year, from December, 1821, to December, 1822. Thus, for forty years, he has sedulously watched over the interests of that great institution.
On the 25th of June, 1818, he was married to Helen, eldest daughter of Captain Sampson Pope and Sarah Strother, his wife, of Edgefield. For forty-one years they have together toiled through life, enjoying much of happiness, and, in the death of all their children, drinking the cup of sorrow to its dregs.
In June, 1820, his grandmother, Hannah Kelly, died; by her will, she devised to him "Springfield;" thither, in August of that year, he removed, and there he has resided ever since; adding to it many adjoining farms, and the mills on Bush River, just above the Forty-fifth line, Rail-road crossing.
XX
JOHN BELTON O'NEALL.
In 1822, he was returned second to the House of Represen- tatives in the General Assembly of South Carolina, and, by successive biennial elections, he was returned in 1824 and 1826. In 1824 and 1826, he was elected Speaker of the House of Representatives, without opposition. During the four years in which he held that great office, there was only a single appeal from his decisions, and in that his decision was sustained. No Reading Clerk existed at his first term; the consequence was, that he read all bills, reports, and reso- lutions. He had a wonderful facility in this respect. His voice was clear, his enunciation distinct; he read, with great ease and rapidity any writing presented to him. His quick and ready eye, and a prompt understanding of the scope of the writer, constituted the whole secret of his art of reading- being able to make out a word going before and another after an obscure writing, enabled him to read the sentence.
A laughable incident between him and his friend, Hugh S. Legaré, may here be stated. The practice to read every report and the documents, had been so altered, as merely to require the reading of the reports. The Speaker had left the Chair, and placed in it his friend, Colonel Gregg, while he sought a short relaxation ; returning, he found the House in a warm discussion on rescinding the recent rule, and returning to the former practice. At the instance of Colonel Gregg, the Speaker resumed the Chair, and presented the question; and the House, by a large vote, refused to rescind the rule. When the vote was announced, H. L. Pinckney, Esq., asked, if a member might not still call for the reading of the docu- ments? He was answered, "yes." In the course of a few moments, a favorable report was read; and Mr. Legaré called for the reading of the documents, which was done. The Speaker, seeing his object, determined on his cure. In a few moments, a favorable report of the Committee on Pensions was read. Mr. Legaré rose, and said, "I claim the reading of the documents." The Speaker, in a mild and pleasant manner, said, "will the gentleman come to the Chair, and read for his own information and that of the House?" He could not resist the request. He came to the Chair with ob- vious reluctance. A large auditory was present; the gallery
-
xxi
JOHN BELTON O'NEALL.
was full of ladies. Fortunately for the Speaker's purpose, the petition was a long one, from Brushy Creek Fork, Chester District, in a very cramped and difficult hand. Mr. Legaré began his task in a very halting, hesitating manner; at every sentence, he had to be prompted. The members enjoyed the scene much: the titter soon became a broad, loud laugh, which extended to the galleries. The late Judge Axson, with his broad, laughter-loving Dutch face, placed himself right under the Speaker's desk, and, every-now-and-then, cried out, "the gentleman don't read loud enough." After a long, pro- tracted, and blundering reading, the petition was read through ; one out of the nine accompanying affidavits was handed to Mr. Legaré; with much difficulty, he mastered the words, "Before me, personally appeared, A. B .; " halting there, he said to the Speaker, "it is all d-d nonsense," who replied, "if you are satisfied, the House is." He abandoned the read- ing; the House concurred in the report; and the Speaker, after this reading-lesson of Mr. Legaré's, as Judge Butler facetiously termed it, was never asked to read any more documents.
In February, 1823, he was elected Brigadier-General of the Tenth Brigade, Fifth Division, of the South Carolina Militia; and on the 20th of August, 1825, he was elected and com- missioned Major-General of the Fifth Division. In that and the previous election for Brigadier General, the officers of the Thirty-ninth Regiment gave him an unanimous vote. In his election as Major-General, he succeeded in rising over the head of a friend and relative-a much older officer and a most worthy man-Brigadier-General Dawkins, of Union. His commission, as Major-General, is signed by his much-valued friend, Governor Manning; and is, therefore, carefully pre- served.
In 1827, the appropriation of ten thousand dollars, for the relief of Mr. Randolph was made. The Speaker was known to be favorable to the measure, though he did not vote. In 1828, the people of Newberry, who have always been remark- able for seizing upon matters of money appropriated, as objec- tions to their members, did that which no other district could
xxii
JOHN BELTON O'NEALL.
have been persuaded to do, refused to return the Speaker ; and, of consequence, lost the honor of having that officer as one of their representatives.
On the 20th of December, 1828, John Belton O'Neall was elected and commissioned as an Associate Judge. He imme- diately accepted the great trust; qualified, and entered on its duties. He rode the Southern, Western and Middle Circuits, and commenced, in the fall of 1830, the Eastern, now the Northern Circuit; but, at Chesterfield, he was taken danger- ously sick. As soon as he could ride, his friend, Dr. Smith, insisted on his accompanying him to his residence, at Society Hill, which he did; this kind attention was rapidly restoring him, when intelligence reached him, that two of his children were dead, and a third at the point of time. He returned rapidly home, and in a few days saw his eldest daughter die, a lovely child of ten years of age. He did not resume his circuit ; his friend, Judge Johnson, of the Court of Appeals, held the Courts from Marion to the close.
On the first day of December, 1830, Judge O'Neall was elected a Judge of the Court of Appeals, and entered immedi- ately upon its duties. With Johnson and Harper, he encoun- tered and performed the labors of the Court of Appeals- Herculean as they were-until December, 1835. The extent of them may be judged from a reference to 2 Bailey, 1 & 2 Hill, Bailey's Equity, 3 Rich., 1 & 2 Hill's Chancery Reports, Richardson's Equity Cases.
The decision, The State ex parte McCrady vs. Hunt, 2 Hill, so displeased the dominant party, that the Court of Appeals, which had done more to give symmetry to the law, than had ever been known before, was abolished, and Johnson and Harper assigned to Equity and O'Neall to the Law. He has ever since then given most of his attention and labors to the Courts. The fact is, he has neglected his own affairs, and much injured his own estate, to serve the people. In May, 1850, on the death of Judge Richardson, he became Presi- dent of the Court of Law Appeals and of the Court of Errors. His recorded labors from December, 1835, are to be seen in 3 Hill, Dudley, Rice, 1 & 2 McMullen, Cheves, 1 & 2 Speer,
xxiii
JOHN BELTON O'NEALL.
1st, 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, Richardson, and 1st, 2d, 3d, 4th, and 5th Strobhart.
In 1846, the degree of L.L. D. was conferred on him at Columbia College, District of Columbia, and was repeated a few years since at Wake Forest, North Carolina.
In May, 1847, he was elected President of the Greenville and Columbia Rail-road. Aided by an unfaltering devotion, he succeeded in carrying the enterprise successfully forward to Anderson, and within eighteen miles of Greenville; when, in May, 1853, he surrendered the work to other hands. Afterwards, the work had to be carried forward by the indi- vidual credit of the president and his friend and endorser, Colonel Simeon Fair. At different times, himself, and all the directors, were bound for more than one hundred thousand dollars. When the great freshet of 1852 broke down more than thirty miles of the road, and Wm. Spencer Brown, the talented and energetic chief engineer, was drowned, there devolved upon the president a work requiring sleepless vigi- lance and determined energy: that he was enabled to over- come all obstacles is cause of devout gratitude to God, which he has always acknowledged.
On 31st December, 1832, to save a friend, he abandoned the use of spirituous liquors, and in June following gave up the use of tobacco. To these two causes, he ascribes his health, and ability to perform more labor than most men, at his time of life, can accomplish. He joined, soon after, the Head's Spring Temperance Society, Newberry District, where his membership now is, and of which he is president. He became a teetotaller; and, in December, 1841, he was ap- pointed President of the State Temperance Society, which office he still holds. In 1849, he joined the Sons of Tempe- rance, Butler Division, No. 16, at Newberry. He was elected G. W. P. of the Grand Division of South Carolina, October, 1850; and in June, 1852, at the City of Richmond, Virginia, he was elected and installed M. W. P. of the Sons of Tempe- rance, of North America. He attended, in 1853 and 1854, the annual meetings at Chicago, Illinois, and St. John's, New Brunswick. Then, he surrendered his office to his succes-
xxiv
JOHN BELTON O'NEALL.
sor, Samuel L. Telby, of St. John's. In the spring of 1834, the Judge and his wife lost, by the scarlet fever, two of their lovely little girls.
In 1837, he was elected President of the Newberry Baptist Bible Society. To this office, he has annually been elected : much good has been accomplished by this society, under his direction. He is now the President of the Bible Board of the Baptist State Convention-of which body (the Baptist State Convention) he was elected president in July, 1858, and again in 1859.
He was elected President of the Newberry District Agricul- tural Society, in 1839, and has been annually elected ever since. The good accomplished by that society is known by the fact, that Newberry has reclaimed her wasted fields and made more and better improvements in agriculture than any other district in the State. The society has, once or twice, been on the verge of dissolution; but the people of Newberry know too well its importance to permit it to perish.
On the 5th of August, 1857, the crowning sorrow of their lives occurred to the Judge and his wife. Then, their excel- lent daughter, Sarah Strother Harrington, the wife of Dr. Har- rington, their only surviving child, was taken from them by death. They are consoled by the fact, that she was a Chris- tian, and that she has left seven representatives, (four daugh- ters and three sons,) whom may God spare to comfort and assist their grand-parents, and to become good and useful women and men.
Judge O'Neall has written and labored much for his fellow- men. He has always believed where he could contribute even a mite to knowledge, education, temperance, religion and agriculture, it was his duty to make the effort. He wrote, in 1818, many articles on the increase of the Judges' salaries, signed Cato; in 1840, he wrote the Drunkard's Looking- Glass; and, afterwards, the "Wanderer," with many other subsequent fugitive essays and letters in the Temperance Advocate, the Newberry Rising Sun, the Greenville Patriot, Greenville Patriot and Mountainer, and the Southern Enter- prise. He wrote Reminiscences of the Revolution for the
XXV
JOHN BELTON O'NEALL.
Southern Literary Register, Revolutionary Poetry for the Orion, and a sketch of Joseph M. Jenkins for the Magnolia. He has delivered innumerable addresses on temperance, educa- tion, Sunday Schools, and rail-roads. He has permitted to be published an oration on Public Education, delivered before the Clariosophic Society, incorporate of the South Carolina College; a Fourth-of-July oration, in 1817; and another, on the fourth of July, 1827, on the death of Jefferson; another, on Education, before Erskine College, at the commencement, in 1842; another on Female Education, in 1849, at Anderson, before the Johnson Female Institute; another, on Public Speaking, before Davidson College, in North Carolina, in 1851. He has published, this year, the "Annals of Newberry," and now is about to give Sketches of the Bench and Bar of South Carolina. He gave to the people of South Carolina a Digest of the Negro Law, in 1848. He is sensible that he has worked hard, and endeavored to do good. If he has suc- ceeded, then, every wish of his heart will be gratified; and he will only add, may he be succeeded by others more, much more, useful than he has been.
ORIGINAL FEE BILL.
XXX
ORIGINAL FEE BILL.
Trauung and Engrossing Mortgages, the same as for Conveyances, adding a charge for the Bond for payment of the money.
Marriage Settlements of Real Estate, My Lease and Release, and counterpart with Special Limitations,
£ s. d. 7 12 3.
For ditto, by assignment of Negroes, or other personal property, £ s. d. 5 8 9.
ach Release of Inheritance, or Renunciation of Dauer, including clerk's fees, £ s. d. 2 36.
Each Dedimus Postestamus, for taking do., in- cluding clerk's fees, & s. d. 1 1 9.
For proving and signing away Release of Inherit- ance, ar Renunciation of Dower, when fire- pared ky gentlemen, and who are not Attorneys of the Courts of Law and Equity in this State,
£ s. d. 2 3 6.
Drawing and Engrossing two parts of articles of Go-partnership, being usually special and al- ways different, £ s. d. 5 8 9.
Drawing and Engrossing Common Wills, £ s. d. 353.
Bach Lease of a Plantation and House, or Lot of Land, and Counterpart, with the usual coue- nants for Payment of Rent, Repairing the Premises, and quiet Enjoyment, £ s. d. 353.
xxxi
ORIGINAL FEE BILL.
gach opinion on a question of Law and Equity,
£ s. d. 3 5 3.
For each Letter previous to an action brought, S ..
- 10 -.
For Retaining Fee in every contested cause at Common Law, £ s. d. 353.
Counsel Fee in every Chancery Gause,
(15 guineas,) £ s. d.
16 6 3.
The cases under the Summary Jurisdiction to be Left to the option of each gentleman who may receive what he pleases."
It is further agreed upon and consented to, that on the Plaintiff filing his declaration, agreeally to Laws and the practice of the Court, (to wit. upon or after the expiration of 10 days from the return of the writ,) the defendant shall be at liberty, on enter- ing his appearance, to file the general issue, or such other hlea, as he may think proper, which plea the Attorney for the defendant is to withdraw at the Fecand Court, at the time the docket is made up, (if such plea is only intended as dilatory,) and per- mit the Plaintiff to take his verdict, or order for judgment, (as the case may be. ) Hle not signing his judgment until the sitting of the adjournment
xxxii
ORIGINAL FEE BILL.
f said Pourt ; and in such cases, where the Defendant has no substantial aerence, the plea shall be distinguished by the letters. D. C. written under it.
It is also further agreed upon and consented to, that all suits uncontested, and to which appear- ances have been entered, which were ripe for juda- ment, the last February Bourt, Le and remain in statue quo until the next Court, the Plaintiff's stt- torney taking his order for judgment, to prevent the abatement of the suit by the death of either of the harties, in the intermediate time.
And, whereas a question has arisen among some of the gentlemen of the Bar, whether an applear- ance by the Dft.'s Attorney, upon the . . . . uwrit, (the same not having passed through the Sheriff's hands, ) ought to be considered (in the issuing of the error) as a copy left at the Defendant's residence, or served personally on such Defendant: it is agreed upon, as well in order to remove such doubts in the future, as for the government of present existing cases, that an appearance. so served, be considered as a capy left at Defendant's residence.
Charlestan, 25th March, 1791.
The Reader will find fac-similes of the signatures to this agreement on the next and succeeding pages.
To Klass le Gilles William Trafere M. Marchal
Com allen Seas.
Francis Dicking on. George Taylor Junk The + Sal Lowndes Shot. G. Harper
A+ 9 -. mouline. m & Pho. Parker - Timefora
Henry MmDeSaussure
Ho Murale
9. Pringle Theo! Gaillard Francis Auguro ALining Jacob Drayton. Lo- Rutledge Charles Gtes worth Einckney,
Show mit ander Ger. Taylor patRobertson0 Jellackintorno
Dom totale
The Wilson In : Drayton Alexander Edwards
John Gaillard
-
Kich
CHIEF JUSTICES.
NICHOLAS TROTT.
In speaking of the Bench and Bar of South Carolina, the name of Nicholas Trott, L. L. D., ought not to be forgotten.
According to Ramsay, he was an Englishman, who came to this country about the end of the seventeenth century. In 1700 he tells us he was Speaker of the House, and was then on the side of the people, and against the proprietors. In 1703 he was one of the Counsellors, and thenceforward until 1718 when he became too strong for " the Governor, Council, As- sembly and people," he was in favor of the proprietors and against the principles which he had maintained in 1700. In this respect he was like the patriots of the present day, who detest the power and patronage of the general government until they are themselves recipients of its favors. Such a state of things reminds me of the feelings expressed by a simple minded German. A lottery was drawing in one of our little villages; he swore it was one of the greatest pieces of ras- cality in the world; he was the owner of a ticket, and just as his denunciations were at their height, the prize of five hun- dred dollars was drawn against the number of his ticket. "'The fairest ting in the world, and I will whip any one who says it is not," was his exclamation. So of Trott's and the present day's politics ; interest rules and decides.
From 1712 to 1719 he was the Chief Justice. He was super- seded by Richard Allen, who was followed by many others, until '74, but until that time, when William Henry Drayton was appointed, we know little beyond the names of the suc- cessive Chief Justices and their assistants.
Chief Justice Trott was, however, a lawyer who must be re- membered ; his charges in 1718, and his collection of the sta- tute law entitle his name to notice. In October, 1715, it seems he had twenty-four criminals on the calender for Charleston, two of these were for blasphemy. These I presume arose under the Act of 1709, P. L. 4, which subjected an offender who was convicted of blasphemy to forfeiture of office. Ram-
4
CHIEF JUSTICES.
say tells us no such offence is now brought into Court ; that public contempt is the only punishment to which it is now subjected. If, indeed, contempt followed, then it might an- swer the purpose, but the blasphemer is now apt to be the most popular man in his neighborhood. The law of 1703 was, perhaps, too severe. But the shilling penalties of 6 and 7th, might be enforced to great advantage in this State. P. L. 89, 1 Bryce Dig. Tit. 24, Blasphemy, Profaneness, p. 87.
This Chief Justice was, however, like Lord Bacon, capable of being seduced by patronage and money; he was charged, it would seem, upon good grounds, with base and iniquitous prac- tices, such as continuing cases from term to term, and for years, for the sake of fees, giving advices and acting as Counsellor in cases depending in his own Court ; but the proprietors refused to remove him. This led to the revolution of 1719, in which Trott's power was broken down and that of the proprietors forever annihilated.
But even after that, Ramsay tells us, unaided by power, his great abilities gave him great weight. He died in 1760, and his name is extinct in Carolina. He is only known by the unfortunate combinations of legal learning, talents and corruption.
We append the Charge of Chief Justice Trott to the Grand Jury, delivered at the Court of Vice-Admiralty, at Charles- town, in South Carolina, October 30, 1718.
CHARGE TO GRAND JURY.
Gentlemen,-We are here assembled to hold this Court of Admiralty Sessions, and the duty of my office requires me to give in charge to you the things that you are to enquire of and to present.
In a former Admiralty charge, by way of preface or intro- duction to the particular crime of piracy, which will again now be brought before you ;
I then shewed you, first, that the sea was given by God for the use of men, and is subject to dominion and property, as well as the land.
And then I particularly remarked to you, the sovereignty of the Kings of England over the British seas.
5
CHIEF JUSTICES.
I then proceeded, secondly, to shew you that as commerce and navigation could not be managed without laws, so there have been always particular laws for the better ordering and regulating marine affairs ; with an historical account of those laws, and their origin.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.