USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 15
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 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
In that situation in which these now assembled have been peculiarly accustomed to regard the deceased, they beheld the zealous protector of right, the open foe of wrong, the power- ful and ingenious advocate, the learned and skilful lawyer, the sound and candid reasoner, adorned by the courtesy of the gentleman and ennobled by the principles of the hero.
191
MEMBERS OF THE BAR.
To be deprived of such a man, must be deplored by all : by his country, for he was a patriot ; by his friends, for his attach- ment to them was boundless; by his relatives, for he was amiable and affectionate ; by his dependents, for he was kind, tender and humane. Cherishing these sentiments towards the deceased,
It is therefore resolved by the members of the Charleston Bar, as a testimony of their sorrow for the loss, of their respect for the talents and of their reverence for the virtues of their deceased brother, Keating Lewis Simons, that they will wear crape on their left arms, for the space of thirty days.
Resolved, That a copy of the above resolution be sent to Keating Simons, Esq., the father of the lamented Col. Simons, previous to the publication thereof, as a testimony of their respect and affection for his departed son.
Resolved, That the members of this Bar do attend, when the eulogy on their late brother, Col. Simons, shall be deliv- ered by John Gadsden, Esq., a member of the ' American Revo- lution Society,' and of this Bar, by appointment of the said society.
Resolved, That the above resolutions be published in the gazettes of this city."
The following resolutions were received and adopted by the 7th Brigade :
"Ist. Resolved, That the officers and members of the 7th Brigade, residing in Charleston, do cause to be erected in the city, a marble monument, with suitable inscriptions, to the memory of Col. K. L. Simons, where the brave and virtuous may read the narrative and behold the reward of valor and of virtue, and where the tears of posterity may be shed for one who deserves their remembrance.
2d. Resolved, That we commend to ourselves and to each other, his splendid example, and pledge ourselves to remem- ber him always.
3d. Resolved, That military mourning be worn on three successive Sundays from the date hereof.
192
MEMBERS OF THE BAR.
4th. Resolved, That the officers of the 7th Brigade will attend a public eulogium, to be delivered by an officer of their appointment, on the character and memory of the deceased.
5. Resolved, That Maj. Crafts be appointed to deliver the above-mentioned eulogium
6th. Resolved, That a committee be appointed to make ar- rangements for the erection of the above-mentioned monu- ment.
7th. Resolved, That the Secretary transmit the above reso- lutions to the venerable father of the deceased.
CHARLES O'HARA,
Chairman Com. Officers, 7th Brigade."
-
EULOGY,
Delivered before and by request of the Members of the Charles- ton Bar, by John Gadsden, Esq.
" It is a pious office to 'scatter sweets' upon the tomb of a friend, but it is a still more pious office to endeavor to snatch from the grave those virtues whose memory must perish but for a faithful record, and to preserve them for our own age and for posterity, that they may be the themes of meditation and the models of imitation ; that they may perpetuate them- selves in the feelings and actions of others ; and that thus the dead, if we may so say, may be raised again by their virtues in another race.
The duty which has been assigned to me on the present occasion, is to awaken your recollection to the life and virtues of that distinguished citizen and excellent man, Keating Lewis Simons. Happy should I have been, had this ap- pointment devolved on one of his earlier cotemporaries, who, knowing him from his youth and having observed the rise of his fortune, the enlargement of his mind, and the growth of his virtues, could have furnished a livelier and more feeling portrait of himn, for this melancholy meeting. His death is indeed a public calamity. When I consider the feelings of a community, among whom he had ceased to number an
193
MEMBERS OF THE BAR.
enemy-when I observe the almost universal grief which pervades our city, flowing not merely from a general sympa- thy with a bereaved parent and sorrowing relatives, but from a personal connection with the deceased ; the tears of heart- stricken friends and grateful clients ; the widow, the orphan, and the oppressed; those whose estates have been preserved, and whose reputations have been purified by his eloquence ; and, when I call to mind the time of his death, in the fresh- ness and perfection of his faculties, and at the summit of his fortune, whence he looked forward to a long life of eminent usefulness, and domestic endearment : Under the weight of this accumulation of afflicting topics, I feel myself unequal to the situation in which I am placed; and I must throw myself upon that good opinion, to which I owe the present appointment, while I endeavor to speak of our friend as he was: believing that to delineate his character fairly, will be at once to pay the justest tribute to his memory, and to per- form an essential service to the community.
Keating L. Simons was born in this State, on the 11th of March, in the year 1775, and received his education in this city. He was, emphatically, the child of our own Carolina, the pupil of our beloved Charleston. Even at school, he dis- covered that energy and perseverance for which he was distinguished through life. He was placed under the instruc- tion of Mr. Osborn, who then kept one of the best grammar schools that has ever been in our city. After leaving school he entered upon the study of the law in the office of the Honorable Edward Rutledge. It was probably to this con- nection that we owe the high character and great attainments of our excellent friend. Cowley's fondness for poetry is said to have been first excited by the perusal of Spenser's Fairie Queen; and Sir Joshua Reynolds, by the accidental reading of Richardson on painting, was first led to the study of that art, in which he attained such eminence. The fine genius, the noble nature, the amiable temper, and the exalted repu- tation of Mr. Rutledge, would naturally make an impression upon a generous and aspiring youth. The Romans were so sensible of the importance of high examples in education,
13
194
MEMBERS OF THE BAR.
that it was a part of their discipline to place their youth under the eye and care of some distinguished orator.
In the dialogue on the causes of the decline of the Roman Eloquence, the author thus speaks of that ancient practice : ' Our ancestors, (says he,) when they designed a young man for the profession of eloquence, having previously taken due care of his domestic education, and seasoned his mind with useful knowledge, introduced him to the most eminent ora- tor in Rome. From that time the youth commenced his constant follower, attending him upon all occasions, whether he appeared in the public assemblies of the people, or in the courts of civil judicature. Thus he learned, if I may use the expression, the arts of oratorical conflict in the very field of battle.'
But it was not eloquence alone that our friend learnt under this master. It is the historian of the Revolution, the vener- able Ramsay, who thus speaks of the professional character of Mr. Rutledge: 'In the practice of the law, Edward Rut- ledge was directed by the most upright and generous princi- ples. To advance his personal interest, was a secondary object; to do good, to promote peace, to heal breaches, to advance justice, was a primary one. His powers of persua- sion were not to be purchased to shield oppression, or to sup- port iniquity. Where he thought his client had justice on his side, he would go all lengths in vindicating his claims ; but would not support any man, however liberal, in prosecu- ting unfounded claims, or resisting those that were substan- tially just. He abhorred the principle, that an advocate should take all advantages for his client and gain whatever he could for him, whether right or wrong; or, on the other hand, should assist him with all the quirks and quibbles which ingenuity can contrive, or the forms of law permit, for de- feating or delaying the claims of substantial justice.'
Those who are acquainted with Mr. Simons' professional course, can hardly fail to observe its resemblance to this faithful and animated record. Among other obligations which our State owes to this distinguished citizen, it ought perhaps now to add, as a fresh debt, the virtues and attainments of a
195
MEMBERS OF THE BAR.
Simons. In his character it is a fine trait, that he seems to have thought that he never could be too grateful to his pre- ceptor and his friend. Such an example is highly encouraging to that patronage of rising virtue and genius, which the best men in all ages have delighted to exercise, and of which, in our times, we have had so many fine examples in our city. Before this audience, it is hardly possible to dwell too long upon such a theme; and if we can suppose the deceased to participate at all in this tribute, the memorial of his gratitude would give the highest satisfaction to his generous spirit. Permit me then to add, that of his preceptor and friend he delighted to speak; and that in the language of eloquence and affection, in a public oration, describes Mr. Rutledge 'as the sweet model of manly grace and excellence; the early and eloquent asserter of his country; the favored son of genius, framed in the prodigality of nature, benign, wise, amiable and magnanimous; bewailed by all who loved phi- lanthropy or delighted in elegance; by all who could admire the ornaments, or rejoice in the benefactors of their country.' Such reverence merits the lofty praise of Juvenal :
-tenuem et sine pondere terram Spirantesque crocos et in urna perpetuum ver Qui præceptorem sancti voluere parentis Esse loco .*
Mr. Simons, having made the choice of Hercules, having determined to attain a high and virtuous fame, was sensible that the severest and most constant labor would be nec essar to carry him to the goal of his desires.
' Love, fame, esteem, 'tis labor must acquire, The smiling offspring of a rigid sire.'-Shenstone.
His aspiring and energetic mind gave him confidence in
* This, with a change of person, may be thus translated, and applied to the deceased :-
The turf shall gently on his bosom press,
Sweet breathing flowers his sacred urn shall dress ; And spring eternal cheer his pious shade, Who filial reverence to his teacher paid.
196
MEMBERS OF THE BAR.
his powers. With an Herculean robustness of understanding, and nerves not to be broken by labor, he could, like the great Montesquieu, look forward to the prize after the toils of twenty years. No defects of education, no difficulty in learning could impede his steady march ; nor could the ear- lier success of more gifted candidates for fame dishearten him. His physical constitution enabled him to pursue, for years, and in the most sultry seasons, by night as well as by day, a course of the most rigid application. Often in our summer nights, when the heat allowed other persons to at- tend only to their personal comfort, has he been found in his study, engaged with the learning of Coke and of Plowden. If, like the younger Cato, his apprehension was slow, and his learning came with difficulty, what he had once learnt he long; retained ; for, as Plutarch observes, ' It is indeed a com- mon case for persons of quick parts to have weak memories, but what is gained with labor and application is always retained the longest; for every hard-gained acquisition of science is a kind of annealing on the mind.' In preparing himself for the Bar, he did not confine himself to the muni- cipal law; though he pursued only such learning as was connected in some way with law and politics ; and, if we may judge from his liberal practice, his manly eloquence and his enlarged reasonings, he was not unmindful of the splendid course prescribed by the eloquent Bolingbroke, who says of the law, ' that it is a profession, in its nature, the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious.' And after ani- madverting upon the pleaders of his day, adds, 'but there have been lawyers that were orators, philosophers and histo- rians ; there have been Bacons and Clarendons; there will be none such any more, till in some better age true ambition, or the love of fame prevail over avarice, and till men find leisure and encouragement for the exercise of this profession, by climbing up to the vantage ground-so my Lord Bacon calls it-of science, instead of grovelling all their lives below, a mean but gainful application to all the little arts of chi- cane.'
197
MEMBERS OF THE BAR.
Mr. Simons did not allow his ambitious views, and his close application to his studies, to interfere with his social relations; and while preparing for the Bar, he, by his gener- ous and amiable temper, laid the foundation of those friend- ships which have constituted so much the happiness of his life. It is delightful to hear the companions of his youth- ranking now among our most esteemed citizens-speak of their deceased friend. The honors of genius seem almost to fade away before such praise ; for, in this short and uncertain life, is it not better to be loved than respected ? Of one of the greatest geniuses of the age, it was said, by a cotempo- rary, ' that he was born to be loved,' a tribute more grateful than the loftiest panegyric.
On the 23d of May, 1796, the deceased was admitted to the Bar, and, in a short time after, he appeared in the Court as an advocate.
If he did not rise immediately in his profession, it must be recollected, that there were then, at the Charleston Bar, some of the most eminent men in the State ; men equally distinguished for intellect and learning. He still continued to pursue the same course of laborious application, and, by the most solid acquirements, laid the foundation of that high professional eminence which he at length attained. His legal learning was extensive and exact. In his opinions his clients could place the greatest confidence, for they were the result, not merely of his general knowledge of law, however deep, but of a scrupulous investigation of the particular case. In conducting the business of his clients, he exercised the strict- est justice; he considered himself as a person invested with a trust, or confidence, in whom nothing like indifference, or neglect, should be found. Yet he never suffered his clients to interfere with his professional courtesies. He was just to them without being illiberal to their adversaries. As an ad- vocate his style of speaking was logical and manly. He thoroughly discussed the question in debate ; placing it in every point of view, and fully illustrating it. In the exami- nation of principles, he displayed an enlarged and investiga- ting mind, and in the application of analogies on questions
198
MEMBERS OF THE BAR.
of mere law, he was very successful. The secret of eloquence he understood; he was always earnest, often pathetic and vehement. In the Court of Sessions he was eminently dis- tinguished. It was there that his humane and generous feel- ings found a field for their exercise; and that his pathetic and vehement eloquence made an impression on the heart. The unhappy victim* of a false honor, and an erroneous piety, found in him a powerful, if not a successful advocate. In defence of those, who, in obedience to the sentiments and manners of the age, had incurred the penalty of the law, he spoke with a discretion and a spirit, with a reverence for the laws and a love of honor, which became so difficult and deli- cate a theme. The impeachment of an officer of high rank in our Courts, before the Senate of this State, gave birth, on the part of the defence, to an elaborate and dazzling elo- quence, to which this State had long been a stranger. Those who heard the advocatest of the accused, still recall, with delight, the emotions which were then kindled. It is to be regretted that no record remains of those splendid produc- tions. On that occasion the profound logic, and the vehe- inent rhetoric of Mr. Simons, burst forth, like a flood that had been long confined, and had been long collecting into a mass of waters. It appeared as if the speaker had enjoyed, for the first time, an opportunity for the exercise of his extraordinary powers. Escaped from the little and daily contentions of the Forum, his mind walked forth in its strength and majesty upon the higher and wide-spread field of public delinquency.
But it was in the Court of Chancery that Mr. Simons' pro- fessional career was most useful. The principles of equity accorded better with his enlarged and liberal mind, than those of strict law. In the investigations of this Court, there is more room for original reasoning, than in those of the tribu- nals of the common law. The discretionary power, approach- ing almost to legislative authority, exercised in a Court of Equity, must give rise to discussions founded upon natural
* Richard Dennis, who was convicted of murder for shooting a person who abused Dennis' father, and afterwards flogged Dennis with a cowskin.
+ Col. Drayton and Mr. Simons.
199
MEMBERS OF THE BAR.
reason, or an analogy to other powers. Precedents, on many occasions, here, speak not all, or a language which can be only understood by enlightened minds. The ablest Chan- cellor, in the exercise of his discretion, may derive aid from the arguments of counsel. Lord Eldon has often made his acknowledgments to the solicitors of his Court; and sanc- tioned by his decrees the reasonings of a Romilly. In this aspect of the subject, the pleader not only serves his client, but his country. He becomes a political or legislative law- yer, and gives his assistance in settling the law of the Court. Such exercises must have admirably agreed with the public spirit of our excellent friend; and those who are acquainted with the proceedings of our Court of Chancery, know how largely he contributed to throw light upon some unsettled doctrines.
In his practice he was the friend of the poor, and espe- cially of the widow and the orphan. No one ever found that his inability to make compensation, rendered Mr. Simons less patient, less active, and less fearless in the prosecution ot truth and justice. Indeed, if he was more zealous for some clients than others, it was in those cases in which he ex- pected no other reward than the approbation of his own mind. He has been known, after having been engaged during the morning in the Superior Courts, to attend, in the afternoon before a Justice to the defence of a poor negro. It is a fact well ascertained, that, for a large portion of his busi- ness, he received no pecuniary returns. Though not rich, the sacra fames auri-that passion which seems to be swal- lowing up every other in our country-had no charms for him.
His kindness and courtesy towards the younger members of the profession, will long be remembered by them. He encouraged them by his praise, and assisted them with his counsel. He regarded them with a paternal affection; and when the characters of individuals among them have been assailed, they found in him an active and a fearless defender.
Having spoken of his professional character, I shall now notice his political opinions and conduct. He gave an entire preference to republican institutions, where they could be
200
MEMBERS OF THE BAR.
established, over every other form of government. He con- sidered it a happiness that he was a citizen of a free State, and that he lived under a constitution that allowed a full scope for the exercise of all the heroic and generous virtues; but he held, that the political duties of an American citizen were of a practical nature. Abstract discussions, about the forms of government, he thought had better be left to the philosophers ; while every citizen should do his utmost to pre- serve that enlightened Constitution, which it had been our good fortune to secure. The noble virtue of patriotism found, in his generous affections, a congenial soil. He loved the Constitution of his country with a Roman reverence. He may be said to have been formed for a public man. Though from the unhappy differences of party, he was for many years kept from a public station ; yet he carried his public spirit into his profession, which he seemed to exercise rather for others than himself. The causes, in which he took the deepest interest, were those which had some connection with the general wel- fare, which touched the rights of the citizen, or led to an investigation of the principles of the Constitution; or those which concerned a lesser public, and affected the condition, the feelings, or the honor of his friends. When restored to the Legislature of our State, in which he had held a seat many years ago, can we forget the almost youthful ardor with which he embarked in the public service? His unwea- ried diligence, his incessant activity, his sound judgment, his vehement eloquence, his urbanity and generosity won every heart ; and I have heard it asserted, by a political oppo- nent, that he was, perhaps, the most popular man on the floor. With what grief will the event, which we this day deplore, be recalled by that respectable body. Methinks I see those who parted from him, in admiration of his gene- rosity and eloquence, looking with eyes suffused with tears, at his vacant seat, endeavoring to recall his last accents, and to portray, in imagination, that noble form which is now mouldering in the dust.
He was the decided friend of the Federal Constitution. Valuing that instrument as the chart of the General and State
201
MEMBERS OF THE BAR.
powers, it was the aim of his politics to preserve to the federal head its constitutional authority, and he dreaded an encroach- ment of the States much more than a national usurpation. He thought it the duty of the Federal Government to exercise its prerogatives fearlessly ; and to consult the interest, rather than the wishes of the people : being satisfied that what was really for their good, they would eventually approve. He considered all differences of opinion between the parties of the country as of no importance, when compared to the pre- servation of the Union-the liberties and the glory of these States. Obedience to the government, when acting within its sphere, he judged to be the primary duty of the citizen; and in the late contest with Great Britain, whatever might have been his opinion as to the propriety of declaring war at that crisis, he decidedly thought that when the government had placed the nation in a state of war, every heart and hand should unite in the glorious prosecution of it. He, with the rest of his fellow-citizens, labored personally on your lines of defence ; and he united himself, as their commander, to a vol- unteer company of militia. With his characteristic ardor and perseverance he applied himself to the military art. That he excelled in it, the reputation with which he sustained the high rank to which he was advanced, and the testimonies of respect which his brother officers have rendered to his memory, are the highest proofs.
Though resolute and fervent in the maintenance of his po- litical opinions, he never allowed them to interfere with his friendships or the courtesies of life. He looked upon them as truths connected with the welfare of his country, and as doc- trines, by which his conduct as a citizen was to be guided : and he therefore held them with a firm grasp; but he never felt any enmity towards a sincere opposition, or met it with bitterness of spirit and expression.
In his friendships, he was warm and constant. These he seems to have owed as much to nature as to virtue. There was in him a constitutional warmth which fitted him for this connection ; and his inflexible disposition preserved the flame to the last. His earliest regards continued through life; and
202
MEMBERS OF THE BAR.
there were no labors, no fatigues, no dangers, which he would not undergo to maintain them. There was something ro- mantic in his attachment. It was a sacred passion approach- ing almost to the sanctities of religion. It extended itself to the connections and the offspring of the person beloved ; and cherished the memory of departed worth.
No man was more free than he was from the taint of vanity and affectation. What Tacitus says of Agricola, may be ap- plied to him :
" Nihil appetere jactatione."
His sincerity and self-respect, gave to his manners, at a first view, an appearance of coldness. He had not the talent of saying pretty things, or of expressing a great deal when he meant nothing ; but as far as politeness consists in a delicate observation of the feelings and circumstances of others, and in a lesser benevolence, he was no stranger to that art.
In his social relations, he appeared to be very much under the influence of high sentiment. He not only knew, he felt his duty.
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.