USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 25
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In stature Governor Johnson was six feet three inches in height, and in the meridian of life had a well formed, vigorous, muscular frame. In his earlier life, he frequently entered
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into the chase, and indulged in other athletic exercises with much zest. In his old age he had become more corpulent. The frosts of seventy winters had silvered over locks that were black, and dimmed the once dark brown eye, but his heart was still young, notwithstanding many bodily afflictions.
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JAMES J. CALDWELL.
I approach the brief sketch of this Chancellor with very much the feelings with which a parent would undertake to announce the death of a child. James J. Caldwell was a native of Newberry district, and began the preparation of his life for virtue and usefulness under my care, when I taught in the Newberry Academy, in 1813. He was born the 13th of January, 1799. His father, Daniel Caldwell, was of that race of Scotch-Irish Presbyterians whose love of liberty and learn- ing was shown in their own country, and in the land of their adoption. He and his wife both died in the great epidemic with which Newberry was visited in December, 1815, January and February, 1816. They left a family of five very young and interesting children, of whom James J. was the oldest, and the only male.
After I ceased to teach, in the summer of 1813, he went to Mount Bethel Academy, in Newberry district, and under the care of Mr. Elisha Hammond finished his academical course. He entered the Junior Class of the South Carolina College in December, 1815, and graduated in December, 1817, in the class of which Fishburne and Baynard received the first and second honors, and in which are found the illustrious names of McWillie, Butler and Glover. He received a distinction in that class, which placed him on a footing with those whom I have last named.
After his graduation, he entered my office and studied law under my care. He taught school for the year 1819 in the Academy at Edgefield, and returning from Edgefield in the fall or winter of 1819, finished his legal course, and was admitted to the Bar in the spring of 1821. He married Nancy McMor- ries, the oldest daughter of James McMorries, Esq., who had been his guardian. Together they experienced as much hap- piness as falls to the usual lot of mortals, until death, which spares neither great nor small, severed the tie. Alone he
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struggled on with his profession, and after some time succeeded in establishing himself firmly at Newberry.
In 1830, he was elected a member of the House of Repre- sentatives, and continued a member until December, 1835, when he was elected Solicitor.
Here it ought to be remarked that, although Mr. Caldwell never was a member of any temperance organization, he uni- formly refused to treat the people when he was a candidate. His success at the polls showed that a virtuous man's election never need depend upon corrupting voters with intoxicating drink. In 1833 he was elected by the Legislature Brigadier General of the 10th Brigade of South Carolina Militia. In December, '35, he was elected Solicitor, and the harrassing duties of that office he ably performed until December, 1846, when he was elected a Chancellor, in the place of Chancellor Johnson, who was then elected Governor. The duties of this office, heavy as they usually are, he materially increased, by his anxious desire to have his cases and decrees accurate in every particular.
He removed to Columbia some years before he was elected a Chancellor, and resided in the immediate neighborhood of the city when he was elected. His health was feeble from the time he grew up to man's estate, and from the period of his election as Chancellor, it was manifest to me that he was over- tasking himself, and undermining health and life in the pur- suit of eminence.
In January, 1850, I strenuously opposed his riding the Southern Circuit, in the following month. I saw, however, he would do it, and I plainly told him that I thought his life would pay the penalty ; but he thought duty demanded it, and accordingly began, but was obliged to abandon the Circuit at Barnwell.
On the 11th of March, 1850, while at home, the intelli- gence of his death fell upon my ears, with as startling an effect as a peal of thunder on a clear day! He died in the 52d year of his age. Thus perished, in the full tide of success, my pupil. If his health had equalled his industry, he
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would have increased, year by year, in favor and usefulness. Chancellor Caldwell was remarkable for his morality, ex- cess of no kind ever had a place with him. He was a kind husband, an affectionate parent and gentle master.
Like General Jackson, he stood by his friends, and they by him. He was fond of encouraging and developing youthful talent. But sometimes he struck a rock expecting a spark, and was answered by darkness. From his office in Columbia proceeded many young lawyers, instructed and prepared by him. He was a good lawyer; and if he had lived, he would have rivalled, if not excelled, some of his able brethren in Equity. But three years afforded little opportunity to establish the character of a Chancellor. In Court, he was patient and. kind, and all who had business when he presided went away pleased.
I take leave of him here, by saying to South Carolina, my own as well as his loved mother,
" Day by day do thy great ones go down to the grave; But thy genius expires not, but soars like the morn,
When it rises, pavilioned in light, from the wave,
As glorious as though but that moment 'twere born."
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GEORGE W. DARGAN.
This gentleman, the son of Timothy Dargan, Esq., was born third of April, 1802. His father was a very intelligent and excellent man, a member of the Baptist Church. He was for very many years a member of the House of Representatives, and was in that body in 1814, when General Williams was nominated as Governor. When inquired of whether the General would accept the office, he replied, that he had no doubt, if asked, he would say, that he would not have the office; but if elected without an inquiry, he would accept: "For," said he, "he has never refused to serve in any capacity in which the people demanded his services." A rule, we may add, that he himself always observed.
Chancellor Dargan received the usual school education in the neighborhood where he was born, and was prepared for college by Edward Park, the son of Dr. Thos. Park, Professor of Languages in the South Carolina College, at the academy near Darlington Court House. His teacher, (Edward Park,) was a well educated man, and afterwards became distin- guished. His training gave his pupil the foundation of a literary knowledge, upon which he afterwards so successfully established his reputation.
Chancellor Dargan entered the sophomore class of the South Carolina College in December, 1818, and graduated with distinction in 1821. In his class were many young men of great promise, who subsequently realized early expec- tations in their lives of usefulness and eminence. Among them I recognize the names of the Rev. Basil Manly, Dr. Maximilian Laborde, Drayton Nance, Esq., John P. Zim- merman, Esq.
Soon after he received his degree of A. B. he commenced the study of the law at Society Hill, with Josiah J. Evans, Esq., then the sole and a leading lawyer on the northern, now the southern, circuit. He was admitted to the Bar in
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1823, and settled at Darlington Court House, entering at once upon a large and lucrative practice.
In 1826, he was elected Commissioner in Equity for the Cheraw Equity District, composed of Darlington, Marlborough and Chesterfield: in that office, he was distinguished for his accurate Reports, and the legal learning and judgment which he displayed. His Report in the case of Gee vs. Hicks, Rich- ardson's Equity, Case 5, was, I know, an exceedingly able one : his positions, some of which were overruled by that wise and good Chancellor, DeSaussure, were sustained by the Court of Appeals. It was that Report which, I think, Colonel Gregg asked the Court of Appeals to preserve. It is in the records of the Court, and perhaps enough of it appears in the Report to indicate its excellence. He held that office until December, 1841, when he resigned.
In October, 1842, he was elected to the Senate of South Caro- lina, and in 1846 he was re-elected. In this body he was much distinguished by his ability and devotion to his duties. He was elected a Chancellor, in 1847, to supply the place of Chancellor Harper.
He was struck by apoplexy on Saturday night, the 14th of October, 1858, and after lingering for eight months, he closed his useful life, at the residence of his mother-in-law, Mrs. Quigly, in the City of Columbia, on Sunday night, 13th June, 1859.
He and his brother, Julius A. Dargan, Esq., were partners in the practice of the law, from 1837 to his election as Chan- cellor.
His first wife was Mary A. Wilson, the daughter of Samuel Wilson, of Darlington. They were married 21st December, 1826. His amiable and excellent lady died 4th March, 1843. She was the mother of seven children, all of whom are dead except two-Adela E., now the wife of Dr. William A. Player, and Georgiana Henrietta: this child, though not yet fifteen years of age, during the long and painful illness of her father, devoted herself to him with sleepless attention and unwearying kindness. What greater loveliness can be pre- sented than such attention to a dying parent?
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His second wife was Elizabeth M. Wilson, the relict of the Rev. John Wilson. She was the daughter of Major Joshua Phyer, of Fairfield, and of his second wife, (now Mrs. Quigly.) This interesting lady still survives: they were married 15th December, 1846. She was the mother of four children by him: only two now survive, William Phyer and Edwin Julius.
Having known Chancellor Dargan, both as a lawyer and a Judge, I can speak of him from my own knowledge. He was a good lawyer, fully capable to understand and manage the most intricate cases. His powers were not those of the rhetorician : he spoke, it is true, fluently and well, but argu- ment was his greatest characteristic. Neither fancy nor pas- sion entered into his speeches. He had not that soul-stirring eloquence which could hold an audience spell-bound. Yet his sound sense, truthfulness and honesty, made all who heard him listen with confiding attention.
On the Bench, Chancellor Dargan was patientand attentive. He heard and understood his cases; and when a Judge is thus possessed of the facts and law, he must decide correctly. A great fault in decisions is in not understanding fully a case at the Bar. When this is the case it requires months, nay, even years, of doubt, to reach a conclusion. Chancellor Eldon's great fault as a Judge was in doubting once and doubting on, until time was wasted, and the parties' means expended, while he was preparing an elaborate judgment. This was, however, not Chancellor Dargan's fault: he wrote, perhaps, more about his cases than was necessary, yet he generally attained an early conclusion, and delivered his judgment within a reasonable time.
Without referring specifically to his many well-reasoned opinions, I refer to his dissenting opinion in Buist vs. Dawes, 4 Equity Reports, 430, as illustrative of his acumen and reasoning. In that case I differed with him, and so did a majority of the Court of Errors; yet I was not insensible to the merits of his dissent.
Though not in the same Court, yet I had frequent oppor- tunities of forming an opinion of him; and I can say with
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truth that he was an ornament to the Equity Bench, and that he is entitled to have it said, as we stand by his tomb, that " he was a just Judge."
In all the relations of life-whether as a citizen, a son, a husband, a father, a master, or a neighbor -- he was without reproach. The law of his nature was kindness to all within his reach. His house was open to hospitality, and his heart was never closed to the appeals of charity and benevolence. His life was, indeed, full of "mercy and good fruits." He was cut down in his prime-still he had rendered his name immortal; and has descended to an early tomb, leaving to his wife and children the best of all inheritances, a name covered with the praises of his fellow men.
The following is the lamentation of one of his gifted class- mates, when he had just witnessed the close of his life; it may speak forth a better exposition of his character than any which I can give:
" He had all the learning which is demanded by his high position; and a most eminent legal gentleman has declared that in a particular department of legal lore-without a knowledge of which no man can be a lawyer-he had perhaps no superior. His fame is established; but I must call atten- tion to a particular feature which is impressively presented by a distinguished member of the Bar of Charleston. I mean that gentleness, that urbanity, that goodness of heart, that for- getfulness of persons, which would secure to the humblest solicitor all the respect and attention which were extended to the most distinguished of the profession. I am here reminded of what Lord Campbell says of Lord Eldon: 'Nor was his graciousness reserved only for his family, friends and favor- ites; it was with him an habitual benevolence, extending to all who came in contact with him. There was no fawning upon royal and noble persons, no ostentation of condescen- sion to private men: he talked as frankly and as courteously with a tenant, a clerk, a servant, or a stranger, according to their respective relations with him, as with a prince of the blood; preserving always a demeanor which was free alike
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from affectation and assumption, and in which natural dignity was tempered with unfailing good humor.'
" His mind was marked by great vigor and acuteness. His intellectual sight was clear, and there was no confusion of the objects which appeared within the field of vision. Every- thing was distinct and well defined. His propositions were lucidly stated, and enforced with a perspicuity which never allowed misconception of his end and purpose. His under- standing was analytical and argumentative, and when en- gaged in its highest exertions, there was a logical coherence, which might well be compared to solid masonry. With this vigor he united a rich fancy, and a lively taste for the æsthetic and the imaginative. But they were nicely balanced, and the brilliant and enchanting pictures which so frequently played like sun-beams before him, never seduced him from the severer exactions of reason and reflection. If there be any in whose bosoms such a fact would awaken distrust, let me re- mind them that Eldon, Brown, Johnson, our own Webster, Harper, and thousands of the master-spirits of earth, drank freely at the fountain of poetry and fancy, and that a most eminent writer of our times has made the question, whether Homer or Newton had the most brilliant imagination. I may say of him what is said of a great English Chancellor, that he is not free from tinsel, but is characterized by sterling vigor of thought, richness of imagery, and felicity of diction; that in his readings he did not confine himself to legal and anti- quarian lore, but throughout life was a devourer of romances, and in this way sharpened his appetite for judicial labors. His papers are marked by a style in which is combined great vigor, with neatness and elegance; and I could point to some of his decrees, in which the suitors were of the highest social position, where there is displayed a moral eloquence which reflects the greatest honor upon the Judiciary of the State.
"As rich as were the intellectual endowments of Chancellor Dargan, it is with still more pleasure and higher admiration that I contemplate his moral nature. Never have I known a more beautiful character. In love of truth and justice, in
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charity towards others, in amiability and kindness of spirit, in courage to do his duty, and disregard of consequences when set upon his high purpose, I have never seen a higher model. " He was remarkable for his personal independence; but however much he might differ from others, all felt that he acted upon conviction, and that his whole conduct in life was regulated by principle. He was ever in the search of truth and right, and always ready to make any sacrifice, however great, for their attainment. A gentleman of position, when speaking of a business transaction in which his integrity and love of the right shone forth conspicuously, remarked, 'I almost bow down in homage to the purity and justice of that man.' But it is only when we contemplate him in domestic life, in association with his immediate neighbors, in the dis- charge of those duties which belong to the private citizen, that we can rise to full conception of his character. Some men seem to be forgetful of the more quiet and unpretending duties of life when elevated to official rank and power, as if the Deity, in investing them with new functions, had relieved them from the common obligations of humanity. This was not so with Chancellor Dargan. On the contrary, he felt that nothing could absolve him from the responsibilities of the man and the private citizen; and with an earnest conviction that the public officer is but the steward of the Lord, and that of him to whom much is entrusted, much is expected, his sense of obligation was only confirmed and augmented, and a new and higher motive imparted for the faithful discharge of all his duties."
A gentleman, who sustains towards him the dearest relation, and who of all men perhaps is most entitled to speak, in a let- ter now before me, exhibits this feature of his character in lan- guage so just and so appropriate, that I cannot do better than adopt it:
"His chief enjoyment was in the quiet and repose of domestic life, where science, art, literature, and religion com- bined to shed their genial and radiant influences in the embellishments of a home which was at once the temple of taste, of refinement, and of a noble and generous hospitality.
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His door was open at all hours-alike to rich and poor-to all who chose to be his guests. With a generosity almost lavish, he acquired a large property. His means were freely given in aid of the destitute. Full of kindness and benevo- lence, no application for aid was refused."
I have said enough to vindicate his claim to a character truly noble and exalted, and worthy of admiration; but, I have to add that the crowning grace of all was his devotional, religious spirit. It is a fact abundantly proved in the history of our race, that the possession of all the virtues which have been ascribed to Chancellor Dargan, is entirely consistent with a nature which recognizes no life beyond the present, and which even questions the existence of the great God Himself. His whole soul was permeated by a religious sentiment, and no one believed more firmly than himself the great truths of Christianity. A friend, with whom for years he conversed freely, informs me that he had naturally great pride of opinion and of heart, and that the inclination of his mind led him sometimes into unprofitable speculations; that many years ago he had expressed the opinion that he had not an experi- mental knowledge of faith in Christ, and a change of heart; but that he had ardently desired it; that he was in the daily habit of prayer and reading the Scriptures; and that finally all doubts were made to give way to an humble, steady con- fidence in the atonement of our Saviour. Throughout his long and painful existence, he exhibited an habitual resigna- tion to the Divine will. There were no murmurings, no expression of discontent. To very few did earth present as many attractions. With a family of peculiar interest, with ample means for the gratification of his tastes, and the exer- cise of a noble and generous benevolence, in which he took such exalted pleasure, in the full maturity of his powers, but at a period of life when the enjoyments of the world, though they may have lost the keener relish which they once afforded, are better appreciated, and impart a higher satisfaction, with the advantages of the most elevated, social, and official posi- tion, with
" Honor, love, obedience-troops of friends !"
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to whom, I ask, could earth be dearer, and present itself in more lovely and attractive aspects! It was the privilege of the writer of this imperfect notice, to see him upon the bed of death-to dispense, with other friends, those kindly offices prompted by affection; to witness his resigned and prayerful spirit ; to hear his last words, " let me go-dismiss me now ;" and to see the final struggle of that noble soul when it left its tenement of clay and ascended to heaven. But I have done. The people of Carolina, who knew him so well, will ever cherish his memory, and the lawyer will be reminded of Lord Chancellor Camden, whom he so much resembled-the univer- sal favorite of the English nation-praised alike by the male- volent Junius, and the generous Almon and Lord Campbell. What was said of him may be well applied to Chancellor Dargan: "that he was endowed with abilities of the highest order, with learning deep and extensive; with taste discrimi- nating and correct; with talents in society most instructive and agreeable; with integrity universally acknowledged; with a kind of benevolent solicitude for the discovery of truth, that won the suitors to a thorough and implicit confidence in him; that with politeness and facility he kept up the true dignity of his important office; that in the midst of exemplary patience, his understanding was always vigilant; that he lived beloved by his family and friends, respected and venerated by his country, and died universally regretted by all good men."
So, too, the voice of his neighbors ought to be heard, and may be well appealed to for a further view of his life and character. In that respect, the following may be usefully read :
PUBLIC MEETING.
In pursuance of a call published in the Flag, a large con- course of citizens assembled at Darlington Court House on the 4th inst., to give expression to their deep sense of the loss which this district, in common with the whole State, has sustained in the death of Chancellor Geo. W. Dargan. On motion, the Hon. I. D. Wilson was called to the Chair, and F. F. Warley, Esq., requested to act as Secretary.
The Chairman, in a few fit and appropriate remarks
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explained the object of the meeting, and took occasion to refer in eloquent terms to the history of his deceased friend, dwelling, more especially, upon the deservedly high and enviable position he occupied as a legislator, while repre- senting this district in the State Senate.
Mr. E. A. Law, with a few appropriate remarks, introduced the following preamble and resolutions, which were seconded by Col. E. W. Charles, and unanimously adopted :
" The people of Darlington District, feeling deeply sensible of the great and irreparable loss which they, in common with the people of the whole State, have sustained in the death of their esteemed and beloved fellow-citizen and neighbor, Chancellor George W. Dargan, deem it not only a duty which they owe to the lamented dead, but a privilege, to give some public expression to the sorrow with which this mournful event has affected them, and to their appreciation of his genuine worth. While mingling our griefs and tears with others around the grave of this truly great and estimable man, it is fit and proper that we, the people of his own district, his immediate neighbors, associates and acquaintances, who knew him long and intimately, and had every opportunity of observing and knowing the excellencies and amiabilities of his character in private and in public, should record our tribute to his virtues, and bear our testimony to the ability and fidelity with which he uniformly discharged his duties as a public officer and a citizen.
Born and reared in this district, he completed his collegiate education at the South Carolina College in 1821, studied law in the office of the late Judge Evans, and was admitted to the Bar in 1823, and the same year commenced the practice in this place. By his talents and application to business, he soon established for himself the reputation of a well-informed and able lawyer, and maintained throughout his professional career, the character of a learned and faithful counsellor, an able and skillful advocate, a high-toned and honorable gentle- man. His magnanimity elevated him above petty artifices and chicanery, and led him to seek the accomplishment of his aims by fair, direct and honorable means, and to rest his
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claims to public confidence and success, upon the soundness of his judgment, the strength of his reasoning, and the fairness and integrity with which he maintained his opinions ; which qualities, in an eminent degree, were blended in his character, and did not fail to secure for him the confidence of all who knew him as a lawyer.
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