USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 36
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RT. PRINGLE. RAWS. LOWNDES. BN. SMITH. D. D'OYLEY.
Charleston, April 1st, 1766."
Mr. Justice Lowndes then further proceeded to pronounce the judgment of the Court upon the Clerk's late conduct, which was ordered to be recorded, and is as follows, viz: The Court have taken into consideration the very extraordinary and unprecedented behavior of the Clerk, on the first day of April last, in repeatedly refusing, and obstinately persisting in his refusal, to obey the order of the Court, to enter up judg- ment in the cause of Jordan vs. Law, which the Court had, after hearing arguments, upon mature deliberation, adjudged should be done; this unexampled and daring violation of the known duty of the Clerk, in open contempt and defiance of the authority of the Court, is considered as much aggra- vated by the presumptive pretences which the Clerk set up in justification of his disobedience, viz : That the Stamp Act did not allow him to pay obedience to the directions of the Court; thereby endeavoring to wrest from the Court (to whom, of right, it appertains to construe the laws) their proper jurisdic- tion, and to assume and arrogate to himself a power to super- sede and control their determination, to the total subversion of all law, order, decency and decorum, not considering that, should an Act of Parliament release him from the obligation of obeying the orders of Court, or give him discretionary powers to do so, or not, as their judgment coincided with his own, that he would instantly cease to be Clerk-it being inconsistent with and repugnant to the very idea of that sub- ordination, which, as a ministerial officer, he owes to the Court, to be exempt from due obedience to their authority. The Court have further considered the Clerk's gross neglect of duty in not issuing the venire for summoning a Jury, for this present Court, as was his bounden duty, both by the
424
APPENDIX.
nature of his office, and the obligation of his oath, and to which he was particularly enjoined by all the Assistant Judges ; by reason whereof, the whole business of the Court, requiring a Jury, must be delayed and postponed until August-a time so inconvenient, on account of the excessive heat, that no business is wont to be done, to the great prejudice and hurt of his Majesty's subjects, the prevention of justice, and, in all probability, the total loss of many just demands. In order, therefore, to support the honor and authority of the Court, to enforce due obedience and regard to their orders and deter- minations, and to prevent the fatal consequences that will unavoidably result from a want of due subordination and subserviency in the officers of the Court, and their neglect of duty: It is ordered that Dougal Campbell, Esq., the Clerk of the Court, for his said contempt, contumacy, and neglect of duty, do pay a fine, to his Majesty, of the sum of one hundred pounds, proclamation money of America, and that the same be paid within ten days from this date.
His Honor the Chief Justice, having spoken in the Clerk's justification, and declared his dissent to the judgment of the Court, quitted the Bench.
The Clerk, being asked by the Court, if he had continued to use the seal, which had been put into his hands, on Tues- day last, by Mr. Justice Pringle, and whether or not his Honor the Chief Justice had yet consented to do business; and, to the first question, having answered in the affirmative; and, to the second, that his Honor still declined doing business- having, this very morning, refused either to sign or seal a writ of dedimus potestatem, for which he had been applied to at the instance of Mr. Rutledge-the Clerk was then ordered to continue the use of the said seal, which had been put into his hands by Mr. Justice Pringle, and the same was declared to be the seal of the Court.
May Term, 1766.
The Court met according to adjournment.
Present-The Chief Justice, Mr. Justice Lowndes, Mr. Justice Smith, Mr. Justice D'Oyley.
425
APPENDIX.
After the Jury had been impanelled, and a case of partition disposed of, his Honor the Chief Justice left the Bench.
The Clerk, having humbly begged leave to present a peti- tion to the Court, which he had ready in his hands for that purpose, the same was ordered to be read, and was as follows, to wit:
"SOUTH CAROLINA-
To the Hon. Charles Shinner, Chief Justice, and to the Hon. Robt. Pringle, Rawlins Lowndes, Benj. Smith, and Danl. D'Oyley, Esqrs., Assistant Judges and Justices of His Majesty's Court of Common Pleas, in the province aforesaid :
The petition of Dougal Campbell, Clerk of the said Court, humbly showeth,-
That your petitioner is most unfeignedly sorry for his having incurred the censure and displeasure of this Honorable Court, than which, he humbly begs leave to assure your Honors, nothing which has happened to him through the whole course of his life, pretty far advanced, has ever occasioned him more real concern and uneasiness. That your petitioner, on ac- count of the heavy loss, which he hath sustained, by means of the long-continued stop which has been put to his business, hath not had it in his power to pay the fine, which was set upon him by this Honorable Court, at the last sitting thereof, which failure he humbly hopes will not be construed into any intended contempt or disrespect; and prays that, in consider- ation of the late favorable turn which American affairs have most happily taken, your Honors will be pleased to regard his circumstances with an eye of tenderness and compassion, and your petitioner, as in duty bound, will ever pray.
D. CAMPBELL, C. C. P.
Charlestown, 29th May, 1766."
The Court, having taken the said petition into considera- tion, and being of opinion that the Clerk's late conduct pro- ceeded, rather from an error in judgment, than any contempt or want of respect for the authority of the Court, the fine, which had been set upon him, at the last sitting thereof, was reduced to ten pounds, proclamation money.
426
APPENDIX.
February Term, 1767.
Present-The Chief Justice, Mr. Justice Pringle.
His Excellency, the Governor, having sent to his Honor the Chief Justice, the copy of a minute of his Majesty's most honorable Privy Council, bearing date the 10th September last, which had been transmitted to his Excellency, by the Right Honorable Earl of Shelburne, one of his Majesty's principal Secretaries of State, and which was read in open Court, the thirteenth day of February last, ordered that the same be recorded, which is as follows, to wit:
At the Court of St. James, the 10th day of September, 1766.
Present-Tne King's Most Excellent Majesty ; Lord Chan- cellor, Earl Shelburne, Lord President, Viscount Barrington ; Lord Chamberlain, Mr. Secretary Conway; Lord Steward, Hans Stanley, Esq .; Earl of Cholmondely, Lord Chief Justice Wilmot, Earl of Hertford, Sir Charles Saunders, Earl of Hills- borough, Sir Isaac Bane.
Whereas, there was this day read, at the Board, a report from the Right Honorable the Lords of the Committee of Council for plantation affairs, dated the 6th of this last, in the words following, viz:
"Your Majesty, having been pleased, by your order in Council of the 30th July last, to refer unto this Committee a representation of the Lords Commissioners for trade and plantations, dated the 11th July last, upon sundry letters and papers received by them from Wm. Bull, Esq., your Majesty's Lieutenant-Governor of South Carolina, informing the said Lords Commissioners that application had been made to him, by the four Assistant Judges of the Court of Common Pleas, to suspend Dougal Campbell, Esq., Clerk of the Court of Common Pleas, from his said office, on account of his having refused to enter up a judgment of the said Court upon un- stamped paper-it being repugnant to Act of Parliament; that this application had been followed and enforced by an address of the Assembly to the like effect, and the same requi- sition repeated by a subsequent message to the said Lieuten- ant-Governor. That, upon his refusing to comply with the terms of the above address, the Assembly of the said province
427
APPENDIX.
had come to several resolutions, and that the Court of Common Pleas had, upon their first sitting, subsequent to Lieutenant- Governor Bull's refusal of their application, fined Mr. Camp- bell in the sum of one hundred pounds, proclamation money, for his above-mentioned disobedience; but that the said Lieutenant-Governor had thought fit to issue his order for suspending payment of the above-mentioned fine, until your Majesty's pleasure shall be known.
The Lords of the Committee, in obedience to your Majesty's said order of reference, this day took the said representation and papers thereunto annexed into consideration, and do agree humbly to report, as our opinion, that it may be advisable for your Majesty to signify your royal approbation of the said Lieutenant-Governor's conduct upon this occasion, and direct him to remit the fine, imposed by the said Court of Common Pleas upon Dougal Campbell, Esq., the Clerk of the said Court of Common Pleas.
His Majesty, taking the said report into consideration, is hereby pleased to declare and signify his royal approbation of the conduct of the said William Bull, Esq., Lieutenant-Gov- ernor of the Province of South Carolina, upon this occasion ; and his Majesty doth hereby order that the said fine of one hundred pounds, proclamation money, imposed by the said Court of Common Pleas, upon Dougal Campbell, the Clerk of the said Court, be remitted-whereof the Governor, Lieu- tenant-Governor, or Commander-in-chief of his Majesty's said Province of South Carolina, for the time being, and all others whom it may concern, are to take notice, and govern themselves accordingly.
ROBERT WALPOLE."
428
APPENDIX.
JOHN DRAYTON.
John Drayton, known as Governor Drayton, is entitled to a place in these sketches, as a Judge of the United States Court, for the District of South Carolina, and as a lawyer of the State. He was the only son of that great and greatly-to-be- revered man, Chief Justice William Henry Drayton. He states, in the biographical sketch of his father, prepared by himself, that he was twelve years old at the death of his parent, in Philadelphia, on 3d September, 1778. He had ac- companied his father to that city, who placed him with the celebrated Dr. Witherspoon, at Princeton, New Jersey; how long he remained there does not appear. He completed his education, after the war, in England; and, I presume, after studying in the Temple, he was called to the Bar; and then returned to Charleston, where he commenced the practice of the law.
Dr. Johnson states, that, " by way of introduction to public notice, he became the captain of a company of volunteers, called the Cadet Infantry; and was conspicuous in the jour- nals of that day, during the era of the French Revolution." He married, in early life, Miss Hester Rose Drayton, the daughter of Philip Tideman.
In 1798, he was elected Lieutenant-Governor, and, by the death of Governor Edward Rutledge, 23d January, 1800, he became Governor. In December of that year, he was elected Governor, to serve for two years. He was thus, in fact, Chief Magistrate of the State for three years in succession. I have no doubt he was a very useful Chief Magistrate. He was the first Governor who undertook to pass over the whole upper country, and review the militia. The people congregated in immense numbers to see him. On this occasion, he was escorted through Pendleton by a company of cavalry, com- manded by the late General John B. Earle. His troop was a fine one, and many were splendid riders. The Captain him-
429
APPENDIX.
self was a first-rate horseman, as many, who are still alive, have seen, when he subsequently reviewed as Adjutant-Gen- eral. He has often told me, that in one of his charges, while escorting the Governor, his bridle-reins broke, and he suc- ceeded in stopping his horse (a fine animal), by stooping down, and seizing the check of his bridle-bit. He used to laugh, and say he had no doubt, that feat of horsemanship obtained for him the pro tem. appointment, by the Governor, of Adjutant-General.
While reviewing, in one of the mountain districts, Colonel Lawrence Manning, the Adjutant-General, persuaded the Governor to ride to a fine spring, which the Colonel knew was in North Carolina, but of which fact the Governor was ignorant. As soon as he reached the spot, Colonel Manning possessed himself of the Governor's sword, and said to him, " you are no longer Governor Drayton ; you are John Drayton, as I am Lawrence Manning." It was a jest which much annoyed the Governor.
The facetious Adjutant-General, the hero of Eutaw, and the valuable officer in the organization of the militia, soon after closed his valuable life, and John B. Earle succeeded him, long to illustrate the chivalric officer of the militia, and the loved companion of every joyous and festive board.
In 1802, Governor Drayton published his "View of Caro- lina," a most excellent work, descriptive of her statistics, naturally and civilly, which, I much regret, is out of print ; and only by the kind courtesy of a friend have I been able to see it.
In 1808, Governor Drayton was re-elected Governor, and served for two years. The Lieutenant-Governor, Major Fred'k Nance, of Newbury, was inaugurated with him, and took the oath of office. This was right and proper, and I am sorry to say, that, from that time until last December, when Lieuten- ant-Governor Carn was inaugurated with Governor Gist, no Lieutenant-Governor had taken the oath of office at the inau- guration of the Governor; and if the matter had been prop- erly looked into, South Carolina would not have had that officer for more than fifty years. I hope the precedent estab-
430
APPENDIX.
lished in December, 1858, will be hereafter followed; and if evaded, will be sternly enforced by declaring the office vacant.
The office of Governor, in South Carolina, has little power beyond that of pardon, which is often so much abused, as to lead every Governor elect, to declare in his inaugural address, that "the duty of seeing the law executed in mercy" will be very sternly exercised; and yet, poor human nature is so con- stituted, that errors, great errors, frequently occur, and are, I think, somewhat excusable. Error, on the side of mercy, has much that is divine to excuse it. Governor Drayton, as many of his successors, was decided in the discharge of this delicate duty. He turned out, at the solicitation of his mother, wife, and children, a notorious offender, Gabriel Stalnaker. So, too, Governor Hayne could not resist the pleading of the wife, when she interceded for the pardon of her husband, who was covered with the blood of her brother.
Governor Drayton was in the executive chair, when the South Carolina College, by the Act of 1801, was established. His recommendation and influence were in its favor. In his Carolina (1802) at pages 219-220, speaking of the organiza- tion of the Board of Trustees, he says: " A Board so respec- table will necessarily greatly influence the advancement of this institution-an advancement not promoted by local views or party prejudices, but springing from the united voices upon enlightened Legislation; projected as a rallying point of union, friendship, and learning, for the youth from all parts of the State. May the kindest favor of Heaven smile on this undertaking-may no envious opposition disturb its progress -and may the thanks of a grateful people remain with all those who have been or may be instrumental in establishing and supporting this institution, equally honorable to their heads and their hearts."
The objects of this institution have been fully realized : Education has been generally diffused, and South Carolina has become a united people. The foundation and endow- ment of the South Carolina College was very much a lower- country measure. Tradition is, that the upper-country, with few exceptions, were opposed to it.
431
APPENDIX.
On 7th May, 1812, Governor Drayton was appointed Judge of the United States Court for the District of South Carolina, by President Madison. He took his seat on the 6th of July, of that year.
How he discharged his duties in particular cases, I have no means of knowing. In general, I presume, they were accept- able.
In 1821, he performed that most grateful duty to a parent, in publishing the Memoirs of the Life of his Father, Chief Jus- tice Drayton. Like everything else essential to the honor and character of South Carolina, it is now almost unknown. The copy obtained for me, (by a friend, to whom I am under many obligations for the zeal and activity with which he served me in this work,) is the copy presented by the author to the Comp- troller-General, Thomas Lee, and has quietly slumbered in the office of the Comptroller until the moths, more ambitious than our citizens, have nearly possessed themselves of the work.
If my word would have any weight, I would most respect- fully say to the Legislature, re-publish Drayton's Carolina, the Memoirs of his father, Moultrie's Revolution in South Carolina, and Ramsay's History of the State, and direct copies to be given to every school in the State. Money thus ex- pended, will be worth more than splendid public edifices. It will inform the people as to the history of the State, and give us well-informed men and women.
Judge Drayton closed his eventful and useful life on the 22d November, 1822, in the fifty-sixth year of his age. He left a family of five daughters and one son.
If to be useful, entitles a man to the commendation of good and great, then indeed, John Drayton is entitled to be so commended. Reared in the storm of the Revolution, he had, as by inheritance, that noble self-sacrificing disposition of '76, which preferred country to all other considerations.
WALKER, EVANS & Co., Printers, No. 3 Broad-st., Charleston.
II No. of Causes at Issue.
WALKER, EVANS & Co., Printers, No. 3 Broad-st., Charleston.
As a Relic of the olden time, the Bench Docket of Judge PRINGLE, for November Term, 1768, is annexed.
No. of Causes at Issue. No. of Terms at Issue.
PARTIES' NAMES,
CAUSE OF ACTION. PL'FF'S ATT'Y. DEF'T'S ATT'Y.
PLEAS.
VERDICTS.
1 5 Tomas Edmanson
vs. Francis Lamon,
Case.
Rutledge.
Pinckney.
Non Culpa's.
Pl'ff £150 and Costs.
2
2
James Simpson
vs. James Stobo, Jr.,
Case.
Simpson.
Rutledge,
Non Assum't.
Pl'ff £23 and Costs.
3
2
John Grabam
vs. John Caldwell,
Debt.
Pinckney.
Parsons.
Non est Factum.
Ended.
4 2
Brewton & Smith
vs. Jobn Hume,
Debt.
Pinckney.
Rutledge.
Non est Factum.
Plea withdrawn.
5
2
Philip Hart
vs. Griffitb & Cape,
Case.
Rutledge.
Parsous.
Nou Ass't et disc.
Pl'ff non-suited.
6
2
Rawlins Lawndes
vs. Thomas Adam,
Debt.
Rutledge.
Pinckney.
Nou est Factum.
Plea withdrawn.
8
2
John Swiut
vs. Roger Pinkney,
Case.
Rutledge.
Pinckuey.
Nou Assum't.
Stands over by eonsent.
9
2
Executors Waties
vs. Micajah Williams,
Case.
Rutledgo.
Pinckney.
Non Assum't.
Ended.
10
1
Thomas Moggs
vs. James Stobo.
Case.
O'Brion.
Rutledge.
Non Assum't.
11 1
Jacob Valk
vs. Tonans et al.,
Case.
Ward. Ward.
Pinckney.
Non est Factum.
Stands over.
13 1
Thomas Kirton
vs. Jonatban Avant,
Case.
Leigh.
Rutledge.
Nou Assum't.
Stands over.
14 1 15
1
Brewton & Smith
vs. Adm'r Shinner,
Debt.
Pinckney.
Rutledge. Leigh.
Nou Culpa's.
Pl'ff £370 Damages and Costs.
17
1
Thomas Kirton
vs. Jonatban Avaut et al.
Case.
Leigb.
Pinckney.
Non Assum't.
Stands over.
18
1
Lessor of Kesson et ux. vs. Catb. Wigfall,
Ejectment.
Rutledge.
Parsons,
Non Culpa's.
Pl'ff non-suited.
19
1
Ricbard Proctor
vs. Sarab Purry,
Case.
Rutledge.
Parsons.
Non Culpa's.
Pl'ff £900 Damages with Costs.
20
1 Jobn McCall
vs. Jobn Gordon,
Trespass.
Rutledge,
Parsons.
Non Culpa's.
Stands over.
21
1
Josepb Dobbins
vs. Samuel Singleton,
Trespass.
Rutledge.
Pinckney.
Nou Culpa's.
Ended.
22 1
Josepb Iluggins
vs. Josepb Brown,
Trespass.
Rutledge.
Pinckney.
Non Culpa's.
Pl'ff £900 and Costs.
23
1 Adm'rs Weatherly
vs. Jacob Cowen,
Case.
Rutledge.
Leigb. Masou.
Non Assumu't.
Pr'ff.
25 1
Thomas Spencer
vs. Robert Gibb,
Case.
Leigh.
Parsons.
Non Culpa's.
Stands ovor.
26 1
Adm'rs Taukard
vs. Neh'a Rivers et al.,
Caso.
Rutledge.
Leigb & Bee.
Non Culpa's.
Stands over.
27
Josbua Lockwood
vs. Paty Holmes,
Caso.
Leigb.
Dwight.
Non Assum't.
Settled.
28
Lazarus Brown
vs. Jobn Davis,
Debt.
Parsons.
Pinckney.
Solvit post diem.
Stands over.
29 1
James Oneal
vs. Wm. Whitaker,
Falso imprisonm't
Parsons.
Leigh.
Non Culpa's.
Stands over.
30 1 Thomas Cowen
vs. Isaae Fendin,
Debt.
Parsons.
Leigb,
Nou est Factum.
Stands over.
31 1
John Jones
vs. Wm. Holliday,
Case.
Parsous.
Leigh.
Non Assum't.
Pl'ff £52 6s. Damages and Costs. Plea withdrawn.
34
1 Ex'rix Moffatt
vs. Robert Dearington,
Trover.
Parsous.
Rutledge.
Non Culpa's.
Stands over.
35
1
William Logau
vs. William Fitch,
Case,
Parsons.
Pinckney.
Non Culpa's.
Pl'ff non-suited
36 1
Robert Martin
vs. Thomas Hervey,
Caso.
Parsons.
Pinckney. Leigh.
Non Assum't.
PI'I.
38 1
Rapor Adm'r
vs. Wm. Allston,
Case.º
II. Rutledge.
Pinekney.
Non Assum't.
Pr'f.
39 1
McLeod & Co.
vs. Joseph Dopson,
Debt.
H. Rutledge.
Piucknoy.
Nou est Factum. Def't in duress.
Stauds over.
41 3
Thomas Harvey
vs. Will Gness,
Trespass.
Masou.
Simpson.
Non Culpa's.
Discontinued.
42 1
Thomas O'Brien
vs. Jacob Wirtb,
Replevin.
Parsons.
Masou.
Non Culpa's.
Stands over.
43
James Clitherall
vs. John Paul Grimko,
Case.
H. Rutledge.
Burrows.
Non Assum't.
Stands over.
44
Ogilvie, Forbes et al. vs. Cunningbam Sur's,
Caso.
Parsons.
Leigh.
Non Assum't,
Plea withdrawn.
2
Idem
vs. Michael Kalbison,
Debt.
Rutledge.
Pinckney.
Non est Factum.
Plea withdrawn,
12
1
Logan et als. Sur's.
vs. Johu McDongal,
Debt.
Case.
Pinekney.
Parsons.
Nou Assum't.
Non est Factum.
Plea withdrawn.
16 1
Sarab Wood
vs. James McCleuachan,
Trover.
Pinckuey.
Non Culpa's.
Stands over.
24
1 Moses Dayguiere
vs. John Davis,
Oase.
Williams.
Parsons.
Leigh.
Non Assuur't.
33 1 Adm'rs Newington
vs. Thomas Humphreys,
Case.
Parsons.
Rutledgo,
Non Culpa's.
Non Assum't.
PI'ff.
37 1
Adm'r Hunter
vs. And. Mar. White,
Case.
H. Rutlodge.
40 1 John Davis
vs. Lazarus Brown,
Debt.
H. Rutledge.
Parsons.
Pl'ff.
32
Cornelius MeCarty
vs. Executor Weatborly,
Case.
Pars.& St Leger
Non Assum't.
Ended.
Pl'ff £93 and Cost.
Robert Weaver
vs. Godwiu & Hamu,
Stands over.
MR. JUSTICE ROBERT PRINGLE.
CAUSES AT ISSUE, NOVEMBER TERM, 1768.
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