USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 32
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An extensive knowledge of history is of the greatest impor- tance to a lawyer-after the history of our own country that of England-from its intimate connection with all our man- ners, customs and laws-will best deserve your attention. With the leading authors you are already familiar. Hume, with all his partialities and misrepresentations, contains so much pro- found wisdom-such a deep insight into the motives of con- flicting parties-such masterly sketches of character-all in so enchanting a style, that he will ever stand at or near the head of philosophical historians. For accurate and unpreju- diced narrative, there is no one that I prefer to my old favorite, Rapin ; Hallam's History of the Middle Ages, and his Consti- tutional History of England, you ought by all means to read.
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It is said by Polybius, I think, that chronology and geography are the eyes of history; and certainly no one who wishes to read history understandingly, will be without his chronologi- cal tables and his atlas within his reach. He can have but very crude and imperfect notions of the chain of events, who does not know the relations of time which they held to each other, and the places in which they happened. But if chro- nology and geography may be called the eyes of history, laws may well be called the spirit, the soul of history. They are the true, and I had almost said, the only true permanent me- morials and exponents of the mind of the times, and throw more light on the manners, and customs, and condition of society, than any or all other sources. I cannot spare time to illustrate this opinion as perhaps it deserves, but I strenuously advise you, in reading the history of any period, to consult, so far as you can, the laws passed during that period. Read where you can their preambles and provisions ; trace the causes which led to them, the manner in which they were received, the effects which they produced, how they acted on the people, and the people reacted on them. Unless his- tory be read in this manner, it is little better than a romance. The guides in the study of ancient history are so numerous, that I would only occupy your time and my own, were I to give you my sentiments of a course of reading in that de- partment. You can scarcely go wrong. There are, however, three books, which I rather think are not generally read, and which yet are more deserving of attention than most of those on ancient history, generally put into the hands of a student, and, therefore, I point them out to you. The Origin of Arts, &c., by President Goguet-a work originally French, but of which we have a good translation; Anacharsis' Travels, and Gillie's Universal History-not his History of Greece, which is far inferior to Mitford.
In attending to the more solid part of knowledge, we ought not to forget its ornaments ; and no man can pretend to a complete skill in the English language and literature, who is not familiar with our poets. But, this is so extensive a subject, that I scarcely know, within the space to which I
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must confine myself, how to advise. You ought to give some portion of your time to this study, I will not merely say the reading of our best poets-with Shakspeare and Milton especially, you ought to make yourself familiar-and to imprint select passages from them on your memory. You will scarcely have leisure to give much time to this depart- ment, but more may be done in a short time, if well employed, than you can imagine. You ought to know something of Chaucer, and Spencer, and Ben Jonson and his cotempo- raries, and as much as you well can of Dryden and Pope. During the last fifty years, we have had a perfect flood of poetry ; but much will scarcely live fifty years longer. Those who have had the greatest popularity, have not, in my judgment, best deserved it. Wordsworth deserves to survive Byron and Scott. His Ode to Duty, is one of the noblest things in our language. As a relaxation from severe studies, you will find a perusal of our best novels, both interesting and instructive-the extent of them is almost boundless-but every gentleman ought to know such works as the Tale of a Tub, Tom Jones, Roderic Random, Gil Blas, Don Quixotte, and very many others, which form an important department in literature, and which would furnish the mind of a lawyer, with material of great value to him. This letter would become a pamphlet equally tedious, perhaps, to you and to me, were I, however briefly, to touch on all the topics which present themselves to me. I must, I find, limit myself, and come at last to the studies strictly professional. You have already read Blackstone, Vattel, Starkie on Evidence, and Stephens on Pleading. This is a good beginning. You think of studying Grotius and Puffendorf in the originals; I fear you will scarcely find time for them. The time that you might give to them, I would much rather you would give to their masters-Thucydides, Xenophon, Polybius, Livy, Sallust and Tacitus, in the original if possible. Grotius would repay your labor, Puffendorf scarcely. He is a very heavy writer- laboring after questions of morals which no one ever doubted ; to be consulted rather as a book of general principles, and especially, when joined to Montesquieu, which you have also
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read, will be quite sufficient to introduce you to our Muni- cipal Law. You have read Blackstone, but I recommend to you to make yourself a perfect master of him, so that, if possi- ble, you may have every principle laid down by him, present to your mind, and have ready command over it. You will find even the committing to memory his leading definitions, an important and valuable exercise. Not that I, by any means, set the very high value on Blackstone that is said to have been done by Lord Mansfield. He is often inaccurate, and is not now allowed to be quoted as an authority in Eng- land. But still, he is the very best book (if an exception is not to be made in favor of Kent) that we have, to open the way to the more recondite writers. When you have given Blackstone a second perusal, I would then recommend to you, to read Wooddeson, and compare him, at every step, with Blackstone. Let Kent's Commentaries follow Wood- deson, you cannot too carefully study Kent. His book to you, is even more important than Blackstone. It is really astonishing how much he has compressed into so small a space. For, considering the mighty mass of materials which he has sifted, and the exceedingly numerous and accurate principles which he unfolds, four octavo volumes may be estimated a very small space. When you have thoroughly mastered Blackstone and Kent, and not till then, and are in complete possession of the more general technology of the law, I would strenuously recommend to you the study, the diligent, careful, minute study, of Coke's first Institute Little- ton, with his, Coke's Commentaries on Littleton. This book lies at the very foundation of our law, and I would almost say that no man can be a great Common Law lawyer, who is not master of it. Coke is, by far, the greatest of our law writers. His dicta are authority, not, it is true, always correct, but so seldom wrong, that he approaches as nearly to infallibil- ity as any one human mind can be expected to do. His works- all of them-are a perfect mine of legal learning. Every line almost, is an apothegm, an axiom, and all this embodied in so quaint, and I would say so good a style of genuine old English, and blended with such spirited remarks, and such
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quiet humor, as to combine instruction with pleasure, in a far higher degree than any other of our legal classics. I would say of him, as Quintilian says of Cicero, with the alteration of a single word, Coke, (he did not usually, I believe, latinize his own name,) jam non hominis sed legis nomen habitior. Ille se proficisse sciat cui Coke valde placebit.
By the time that you have read the first Institute, you will have made such progress, that any attempt to direct your reading beyond this point, would, I presume, be unnecessary. Cruise on Real Property, and Fearne on Remainders and Executor's Devises, will, probably, claim your attention ; and these, I think, will lay a deep and broad foundation for any legal superstructure you can raise on them. On Commercial Law, Abbott on Shipping, Chitty on Bills, Gow on Partner- ships, and Phillips on Insurance, will well reward the time you may give to them. Jones on Bailments, though not entirely accurate-what book on law is ?- presents the most beautiful specimen of legal logic in our language, and treats with much discrimination and ability, a subject of boundless application. The Acts of Assembly of our own State, and our State Reports, will require a careful examination, and in read- ing them, you will find it of great future value to you, if you have copies of your own, and make your notes and refer- ences as you go along. Chitty on Pleas and Pleading will occupy some of your time; and I advise you, that, in every form of action, whether ex contractu or ex delicto, while you are reading the doctrine, draw up for yourself the pleadings, from the writ to the execution; copy them in a book, and keep them by you for future use. These forms are like an experiment in natural philosophy : they show the principles in action, and make them better understood than any mere definition or description could ever do. Starkie is the best book we have on Evidence. Make yourself most familiar with the law on this subject: it is of the very last impor- tance, and the practicing lawyer is called on for it, at the instant he may least expect it. On every other part of the law you may, probably, find time for inquiry and consid- eration. This must be at your immediate command. For a
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legal opinion on any other matter of law, you may draw on your library, as a merchant draws on his money in bank. But, for questions of Evidence, you must, at the moment, be ready : they must be in your head, and you must know, at once, where to find them : they must be your ready cash-in your pocket-without the necessity of any draft to make them available.
Keep constantly and carefully, a common-place book, and note in it every remarkable case and observation that occurs to you. Methodical arrangement in this, is of the utmost im- portance. You will find many directions about the best method of keeping such a book.
Organize, if you can, a club of students, of your own stand- ing, or older, with whom you may discuss points of law. Under good management, this exercise is invaluable; and you ought to spare no pains to secure its benefit. If you fail, after all your efforts, then adopt the custom of discussing some point aloud every day, by yourself. If you can get any one to listen to you, so much the better. Your own good mother would be no unmeet audience. Some persons might smile, perhaps sneer, at this advice. It would be, because they know no better. Experience has convinced me of its advan- tages.
I have said nothing to you of the Civil Law. It is not that I have forgotten it. But it is so extensive a topic, that I cannot trust myself to enter on it, and I fear I have already tired your patience. It is now near two o'clock in the morn- ing, and I am myself, tired. But if my remarks shall be of any benefit to you, I shall think my time well bestowed, and most sincerely wishing you all success,
I am, with great regard, my dear sir,
Very truly yours, M. KING."
APPENDIX.
JOHN RUTLEDGE .*
The following documents, connected with the most inter- esting period of the history of South Carolina, it is thought, will not be unacceptable to the readers of these volumes. It was shortly after the victory of Eutaw, when the freedom of the State had become a moral certainty, although Charles- ton still remained in the possession of the enemy, that these declarations of public opinion were promulgated. They in- dicate the feelings of bitterness and vengeance that still burned in the hearts of the men who had fought and suffered, during the long struggle of their country for independence. This fa- mous assembly was greatly censured at the time by some, for the vindictiveness of its proceedings, in the passage of the Confiscation, Amercement, and Banishment Laws. Subse- quently, however, at the first meeting of the General Assembly in Charleston, after the evacuation of the city by the British, many of the most rigorous of these measures were modified; and to their honor be it said, that the majority of the members of this last mentioned assembly consisted of those very men who had composed the Jacksonborough assembly, and who had voted for the enactment of the severe laws which have been just referred to.
While their blood was hot, and the enemy was within their borders, their vengeance knew no bounds.
When their cause had triumphed, and their work was done, and the country they loved was free, their hearts melted, and pity, and the spirit of humanity, pervaded their counsels and dictated their acts.
The accompanying papers were written under the first con- dition of feeling.
* Circumstances beyond the control of the Publishers, prevented the placing of this, and the succeeding articles, in their proper order.
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The Speech of John Rutledge, Esq., Governor and Comman- der-in-Chief of the State of South Carolina, to the Gen - eral Assembly met at Jacksonborough, on Friday, 18th January, 1782.
" Honorable Gentlemen of the Senate, Mr. Speaker
and Gentlemen of the House of Representatives-
"Since the last meeting of a General Assembly, the good people of this State have not only felt the common calamities of war, but, from the wanton and savage manner in which it has been prosecuted, they have experienced such severities as are unpracticed, and will scarcely be credited by civilized nations.
" The enemy unable to make any impression on the North- ern States-the number of whose inhabitants, and the strength of whose country, had baffled their repeated efforts-turned their views towards the Southern, which, a difference of cir- cumstances, afforded some expectation of conquering, or at least of greatly distressing. After a long resistance, the re- duction of Charleston was effected, by the vast superiority of force with which it had been besieged. The loss of that garrison, as it consisted of the Continental troops of Virginia and the Carolinas, and of a number of militia, facilitated the enemy's march into the country, and their establishment of strong posts in the upper and interior parts of it; and the un- favorable issue of the action near Camden, induced them vainly to imagine, that no other army could be collected which they might not easily defeat. The militia, commanded by the Brigadiers Sumter and Marion, whose enterprising spirit and unremitted perseverance, under many difficulties, are deserving of great applause, harrassed and often defeated large parties ; but the numbers of those militia were too few to contend effectually with the collected strength of the enemy. Regardless, therefore, of the sacred ties of honor, destitute of the feelings of humanity, and determined to extinguish, if possible, every spark of freedom in this country, they, with the insolent pride of conquerors, gave unbounded scope to the exercise of their tyrannical disposition, infringed their
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public engagements, and violated the most solemn capitula- tions. Many of our worthiest citizens were, without cause, long and closely confined-some on board of prison-ships, and others in the town and castle of St. Augustine-their properties disposed of at the, will and caprice of the enemy, and their families sent to a different and distant part of the Continent without the means of support. Many who had surrendered as prisoners of war were killed in cool blood: several suffered death in the most ignominious manner, and others were delivered up to savages, and put to tortures under which they expired. Thus the lives, liberties and properties of the people were dependent solely on the pleasure of Brit- ish officers, who deprived them of either, or all, on the most frivolous pretences. Indians, slaves, and a desperate banditti of the most profligate characters, were caressed and employed by the enemy to execute their infamous purposes. Devasta- tion and ruin marked their progress and that of their adhe- rents; nor were their violences restrained by the charms or influence of beauty and innocence-even the fair sex, whom it is the duty of all, and the pleasure and pride of the brave to protect-they, and their tender offspring, were victims to the inveterate malice of an unrelenting foe. Neither the tears of mothers, nor the cries of infants, could excite in their breasts pity or compassion. Not only the peaceful habitations of the widow, the aged and the infirm, but the holy temples of the Most High were consumed in flames, kindled by their sacri- legious hands. They have tarnished the glory of the British arms, disgraced the profession of a British soldier, and fixed indelible stigmas of rapine, cruelty, perfidy and profaneness on the British name. But I can now congratulate you-and I do so most cordially-on the pleasing change of affairs, which, under the blessing of God, the wisdom, prudence, address and bravery of the great and gallant General Greene, and the intrepidity of the officers and men under his command, has been happily effected-a general who is justly entitled, from his many signal services, to honorable and singular marks of your approbation and gratitude. His successes have been more rapid and complete than the most sanguine could have
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expected. The enemy, compelled to surrender or evacuate every post which they held in the country, frequently de- feated and driven from place to place, are obliged to seek refuge under the walls of Charleston, and on islands in its vicinity. We have now the full and absolute possession of every other part of the State; and the legislative, executive and judicial powers, are in the free exercise of their respec- tive authorities.
" I also most heartily congratulate you on the glorious vic- tory obtained by the combined forces of America and France over their common enemy-when the very general who was second in command at the reduction of Charleston, and to whose boasted prowess, and highly extolled abilities, the con- quest of no less than three States had been arrogantly com- mitted, was speedily compelled to accept of the same morti- fying terms which had been imposed on that brave but unfortunate garrison, to surrender an army of many thousand regulars, and to abandon his wretched followers, whom he had artfully seduced from their allegiance, by specious promises of protection which he could never have hoped to fulfil, to the justice or mercy of their country-on the naval supe- riority established by the illustrious ally of the United States, (a superiority in itself so decided, and in its consequences so extensive, as must inevitably soon oblige the enemy to yield to us the only post which they occupy in this State)-on the reiterated proofs of the sincerest friendship, and on the great support which America has received from that powerful monarch, (a monarch whose magnanimity is universally ac- knowledged and admired, and on whose royal word we may confidently rely for every necessary assistance)-on the per- fect harmony which subsists between France and America- on the stability which her independence has acquired-and on the certainty that it is too deeply rooted ever to be shaken ; for, animated as they are by national honor, and united by one common interest, it must and will be maintained.
" What may be the immediate effects on the British nation, of the events which I have mentioned : of their loss of terri- tory in other parts of the world, and of their well-founded
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apprehensions from the powers of France, Spain and Hol- land, it is impossible to foretel. If experience can teach wis- dom to a haughty and infatuated people, and if they will now be governed by reason, they will have learned that they can have no solid ground of hope to conquer any State in the Union ; for, though their armies have obtained temporary advantages over our troops, yet the citizens of these States, firmly resolved as they are never to return to a domination, which, near six years ago, they unanimously and justly re- nounced, cannot be subdued; and they must now be con- vinced that it is the height of folly and madness to persist in so ruinous a war. If, however, we judge as we ought of their future by their past conduct, we may presume that they will not only endeavor to keep possession of our capital, but make another attempt, howsoever improbable the success of it may appear, to subjugate this country; it is, therefore, highly incumbent on us to use our most strenuous efforts to frustrate so fatal a design. And I earnestly conjure you, by the duty which you owe, and the sacred love which you bear to your country-by the constant remembrance of her bitter suffer- ings, and by the just detestation of British government, which you and your posterity must forever possess-to exert your utmost faculties for that purpose, by raising and equip- ping, with all possible expedition, a respectable, permanent force, and by making ample provision for their comfortable subsistence. I am sensible the expense will be great, but a measure so indispensable to the preservation of our freedom, is above every pecuniary consideration.
"The organization of our militia is likewise a subject of infinite importance. A clear and concise law, by which the burdens of service will be equally sustained, and a competent number of men brought forth, and kept in the field when their assistance may be required, is essential to our security, and, therefore, justly claims your immediate and serious at- tention. Certain it is, that some of our militia have, upon several occasions, exhibited instances of valor which would have reflected honor on veteran troops. The courage and conduct of the generals whom I have mentioned, the cool
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and determined bravery repeatedly displayed by Brigadier Pickens, and indeed the behaviour of many officers and men in every brigade, are unquestionable testimonies of the truth of this assertion ; but such behaviour cannot be expected from militia in general, without good order and strict discip- line-nor can that order and discipline be established but by a salutary law steadily executed.
" Another important matter for your deliberation, is the con- duct of such of our citizens as, voluntarily avowing their allegiance, and even glorying in their professions of loyalty and attachment to his Britannic Majesty, have offered their congratulations on the success of his arms, prayed to be em- bodied as royal militia, accepted commissions in his service, and endeavored to subvert our Constitution and establish his power in its stead-of those who have returned to this State in defiance of a law by which such return was declared to be a capital offence, and have abetted the British interest- and of such whose behaviour has been so reprehensible, that justice and policy forbid their free re-admission to the rights and privileges of citizens.
" The extraordinary lenity of this State has been remarka- bly conspicuous : other States have thought it just and expe- dient to appropriate the property of British subjects to the public use; but we have forborne to take even the profits of the estates of our most implacable enemies. It is with you to determine whether the forfeiture and appropriation of their property should now take place. If such shall be your de- termination-though many of our firmest friends have been reduced, for their inflexible attachment to the cause of their country, from opulence to inconceivable distress, and if the enemy's will and power had prevailed would have been doomed to indigence and beggary-yet it will redound to the reputation of this State to provide a becoming support for the families of those whom you may deprive of their property.
" The value of paper currency became of late so much depreciated, that it was requisite, under the powers vested in the executive during the recess of the General Assembly, to suspend the laws by which it was made a tender. You will
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now consider whether it may not be proper to repeal those laws, and fix some equitable mode for the discharge of debts contracted whilst paper money was in circulation.
"In the present scarcity of specie it would be difficult, if not impracticable, to levy a tax to any considerable amount towards sinking the public debt; nor will the creditors of the State expect that such a tax should, at this time, be imposed ; but it is just and reasonable, that all unsettled demands should be liquidated, and satisfactory assurances of payment given to the public creditors.
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