USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 21
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door-keeper, to whom the Chancellor was known, suffered him to pass into the hall, but when the Duke attempted to enter, he was stopped; the Chancellor fell back, and said to Mr. Jenkins, "he is the Duke of Saxe-Weimar." "Duke or no Duke, he don't enter here without the permission of the Speaker," was the firm reply. The Duke was only relieved by a Member, who perceived the difficulty, and directed the door-keeper to admit him. Major Mckibben, as a Senator, was entitled, as of course, to the entry. He was unknown to the door-keeper, and attempted to enter, and was excluded. To humor the joke, and enjoy the fun, he parleyed and begged for admission, but in vain. He retired, but soon returned, and insisted upon entering, that he might "show his new red plush vest to the man who wore the blue robe." "Go away, the Speaker has other fish to fry, than to be plagued with such fools as you are," was the door-keeper's reply. In this way, he tantalized the old man, who was firm in his duty, as he conceived it to be, for a day or two, until some one told him who the man " with the red plush jacket" was.
Major Mckibben was a well-informed man. He spoke French and Spanish, and had a well-selected library, and read a good deal. His elocution was easy, though not im- pressive. He was about five feet, eight inches high, very corpulent; his face was pitted by small-pox; his forehead was a fine one, and promised more of eminence than he ever permitted himself to attain. That he had faults, all who knew him will admit; but they were such as injured himself alone ; he never knowingly harmed a living being.
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WILLIAM C. C. CLIFTON.
This gentleman was a Virginian by birth; he migrated to South Carolina about 1790. My friend, Colonel Chappell, says, " when I first saw him, he was engaged as a teacher of vocal music, and soon after had charge of a school in the neighborhood of my homestead, in South Carolina, where I was one of his pupils." Before 1795, he removed to Colum- bia, and put up a wooden house on the site of Kinster's brick building, and kept school, and boarded some of his scholars, " of whom," says Colonel Chappell, "I was one. He was then unmarried, and his sister, Mrs. Patrick, the mother of Mrs. Andrew Wallace, kept house for him." His sister, Mrs. Patrick, married Major John McLimose, and he and Major Clifton formed a commercial co-partnership, and the latter abandoned his business as a teacher. Their business proved profitable, and, in a few years, they invested their cap- ital in a plantation and negroes, which they continued as a joint investment for several years, when they divided the same.
About 1800, he married Miss Cooper, of Georgia, and about the same time commenced the study of the law, in the office of Thomas Henry Egan, Esq., where there were many students, viz: Charles Martin and Samuel Hammond, of Edgefield, Martin Mead, of Augusta, Georgia, Philip Edward and William F. Pearson, of Fairfield, Uriah and John Goodwyn, and Colonel John Joel Chappell, of Richland, Caleb Clarke, then of Charleston, (where he had studied law with Mr. Bailey,) and John Hooker. Major Clifton was admitted to the Bar at the Spring Term, 1805, though his name does not appear on the roll of attorneys admitted in Columbia. He was a successful practitioner and realized much money. He was, however, not a well-read lawyer. His infirmity (club- feet) created much sympathy in his favor, and he, partly on that account, received a greater share of business. He was a
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quick, ready man, but he wanted application, and did not seek the results of authority, and the consequence was that he was often tripped up by some other better, informed adversary. Colonel Chappell says : "A special plea or demurrer was an object of abhorrence with the Major, as much so as with our friend, Judge Gantt. He liked the practice to be ore tenus, which was a favorite course with him, as also a favorite ex- pression." The only time I remember to have seen the Major in Court, was in Denton and Wife vs. English, 2 N. & McC. 581. I see he is not noticed in the Report. He cer- tainly argued it. For on that occasion, an incident occurred, which fixes it in my memory. He was for the motion, and argued first in such a way as to excite much the displeasure of Judge Colcock, who tried the cause on the circuit. The Court declined to hear the other side. Mr. Gregg came in afterwards, and begged to be heard; he was accordingly per- mitted to argue the case, which he did, so effectually, that notwithstanding all which Colonel Blanding (who was on the other side) could say, the motion was granted.
Before Major Clifton was admitted to the Bar, he was elected Captain of the Beat company in Columbia. Subse- quently, he was promoted to the rank of Major. In 1806, he was elected, with Isaac Tucker, a Member of the House of Representatives of South Carolina, from Richland District. This term of two years he served, but he was never after- wards elected.
It seems, Major Clifton was a lover of the turf; but his celebrated horse, Dare-devil, though often started, was unsuc- cessful.
He became a Methodist, probably about 1811. For I recol- lect he was a Methodist and a preacher, when I entered col- lege, in February of that year. He realized a fine estate by his various pursuits, and died between 1826 and 1828, leaving his wife and two sons surviving, all of whom are since dead. His only representatives now are several grand- children.
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JOHN BLOUNT MILLER.
This gentleman was the son of Andrew and Elizabeth Miller, and was born in Charleston, South Carolina, 16th September, 1782.
He was brought up to the business of a retail merchant, in which occupation he resided at Savannah, Georgia, from December '96 to 1801.
In October of that year, he commenced the study of the law with Samuel Mathis, Esq., his brother-in-law, in the town of Camden; he studied a few months with Henry Bailey, Esq., of the City of Charleston, the father of the late Attorney-General. He was admitted to the Bar as an attor- ney-at-law, November, 1805-two years after, he was licensed as a Solicitor in the Court of Equity. He settled in Sumter- ville 30th December, 1805, and was the first person ever ap- pointed Notary Public for Sumter District. He was married at Statesburg, on the 17th July, 1808, to Mary C., the daugh- ter of William Murrell, Esq.
His correct and faithful deportment, the attention to his business, and the order of his papers, soon attracted atten- tion, and obtained for him a large practice. He was an admirable collection lawyer.
He was early impressed with the duty which he owed to God; his mind became more and more enlightened by His grace, until at last he felt that he had passed from death unto life; and, on a profession of his faith in the Saviour, he was baptized by the Rev. John M. Roberts, at the church on the High Hills of Santee, on the 16th August, 1812 ; to this church his wife was also attached; they both remained members of it until October, 1820, when they became members of the church organized at Sumterville, of which he was a deacon. He was a life-member of the American Bible and of the Home Mission, and General Tract, Societies. Wherever a good work was to be done, his hand and heart were in it !
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In 1812, he was elected Captain of a Company of Light Infantry, afterwards Major of the regiment, then Lieutenant- Colonel. Hence his title of Colonel, by which he was desig- nated and known for near forty years.
In January, 1817, at the organization of the Court of Equity for Sumter District, he was appointed, by the Governor, Com- missioner and Register in Equity, for Sumter District. At the succeeding winter, he was elected by the Legislature, to serve for four years. He was continued in that office by suc- cessive elections until his death. He was elected the ninth, and last time, in November, 1849; it was on this occasion alone that he was opposed.
He was a model Commissioner in every respect, and was always in his place to attend to the duties of his office; he kept the records with wonderful neatness and care. His long possession of his office, without question, was evidence enough in itself to show how well he did his duty.
In 1837, he removed from Sumterville to his plantation, ten miles below that place, and, at his request, was dismissed from the Sumterville church, and, in 1839, he placed himself under the watchful care of the Bethel Church. In 1842, he became a member of that church.
In 1838, after faithfully and diligently practicing law for thirty-two years, he retired from the active duties of the pro- fession.
In 1840, he became a life-member of the American and Foreign Bible Society. A split had previously taken place between the Baptists and the other members of the American Bible Society, which forced them to withdraw, and to consti- tute the American and Foreign Bible Society, to be supported by Baptists, and to carry out their purposes in the spread of the Gospel. Col. Miller felt it to be his duty to act with his denomination, and wherever his duty pointed there he always went.
He died peacefully in the faith of a Christian, on the 21st of October, 1851, in the 70th year of his age, and was interred in his burial ground, at Bethel Church, on the succeeding
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day. The preceding statement was prepared from one fur- nished to me by his excellent and venerable widow.
Col. Miller's life was a beautiful example, in " whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good report." What more need I say to embalm his memory, and to make all who read this short memoir, reverence his name!
We make the following extracts from a letter of his neigh- bor and friend, Col. F. J. Moses :
" On the establishment of a separate Court of Equity, for Sumter District, in 1817, he was elected Commissioner in Equity, which place he held by successive elections to his death.
" In his official position, he exhibited the same traits of char- acter which distinguished him in private life. Firm and impartial in the administration of the duties of his office, power could not awe, or partiality influence him to an act against the dictates of his judgment or his conscience. His course, as Commissioner, elicited the highest commendation of the Chancellors, and there was not one of them who wit- nessed the manner in which he performed the duties of his office, that was not attached to him as a beloved friend. It may be that he carried his pertinacity to such an extreme, that if the purity of his heart and intentions had not been so well known and recognized, it may have been blameable.
" As an instance: in the case of Keels and Boyd-a case which was pending in his district, and in which a matter of account was involved-the Court of Appeals set aside his re- port, and ordered the account to be taken on principles fixed in its decree, and for this purpose it was again referred to him. He refused to state the account in the manner ordered, believing and averring that, to do so, would be to force a lia- bility on one of the parties to an amount so large that he considered it unjust; and, although but an officer of the Court and subject to its power, he could not carry ont a judgment which he believed was unjust and against conscience, pre-
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ferring, rather than to do it, to resign his office. The Judges who composed the appellate tribunal at that time, knowing that he intended no disrespect or contempt in declining to obey their order, and referring his omission to a sensitive- ness of propriety, which, though excessive, sprang from good intentions, passed over the default and made a final decree for the amount, based on the principles on which they had directed him to state the accounts."
"In his early life he had been fond of the military, in which he had attained position, and published, in 1817, the first collection of the Militia Laws of the United States and South Carolina, with the Patrol Laws of the State. The work shows great diligence and method, and, until a change in the sys- tem, was regarded as authority."
"Col. Miller was loved by the Bar of his district, among whom he stood as a father. A meeting was held at Sumter- ville, on the occasion of his death, at which Col. F. J. Moses, who for years had stood in the relation to him of an intimate friend, offered a tribute to his memory, which was published in the papers of the day.
" The Bar passed resolutions of regard and sympathy, and, as a further manifestation of their feelings, directed that his portrait should be obtained, to be executed by his son-in-law, Mr. W. H. Scarborough, of Columbia, and to be placed in the Commissioner's office. This was a high and delicate compli- ment.
" The picture, a faithful delineation of the well-remembered placid features of the original, now adorns the office. May that smiling face beaming from the picture, inspire those who succeed him to imitate his bright example."
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MEMBERS OF THE BAR.
ELDRED SIMKINS.
Eldred Simkins was the son of Arthur Simkins, one of the earliest settlers in Edgefield District.
Arthur Simkins was of the most respectable class from the eastern shore of Virginia, and emigrated early in life to this part of South Carolina. He came first to the region of the Santee, but being soon dissatisfied with that locality, pressed onward to the more distant and less frequented forests on the Savannah side of the State. After several years of observa- tion, he ultimately settled a fine body of land on the waters of Log Creek, in Edgefield-a plantation, still remembered by many as "the Cedar fields." Here he lived and died. He was County Court Judge under the old system, and was looked up to, as a standard of worth and probity, by all who lived within the sphere of his influence. When the Revolution broke out, he, of course, sided for the independence of the colonies, and at an early period of the war the Tories burned down his dwelling house, then one of the principal large houses of the country-side. He was a member of the General Assembly of South Carolina after the war, and also of the Convention which adopted the Constitution. He voted against the adoption of the Constitution, as did nearly all of the delegates from the Ninety-Six District. The test vote was first made in the Legislature upon the calling of a Conven- tion for the adoption of the Federal Constitution, and it was nearly defeated. General Sumter, and General Pickens, were both opposed to its adoption, upon the ground that it took too much power from the separate States and consolidated too much in the General Government; and both their sections of the State voted almost unanimously against the call of a Con- vention to ratify the Constitution. Arthur Simkins was not an exception to this statement. Sound in principles, and conscientious in politics, he remained a Member of the Gen- eral Assembly for many (perhaps twenty) consecutive years,
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and was universally loved and respected for the simplicity, truthfulness, and sagacity of his life and character. He died, in 1826, leaving a large property. He was a Baptist in his religion, and was seldom missing from his place in the house of God, even in the years of his extreme old age.
Eldred. Simkins, Sen., was his youngest son, and from the delicacy of his constitution, as also his great sprightliness of temperament and quickness of mind, became the favorite of his father. He was born during the Revolutionary war, on the 29th of August, 1779. At an early age he was sent to the famous Academy, conducted by Dr. Waddel, at Willington, in Abbeville District. There, he was thoroughly taught in all the fundamental branches of education, and became quite a proficient in studies of a higher grade, especially in the Latin. He was afterwards sent to the (then) celebrated law school at Litchfield, Connecticut, and remained there more than three years. Afterwards he prepared himself in the local laws of South Carolina, under the accomplished Chancellor DeSaus- sure, in Charleston, and was admitted to the Bar in the City of Charleston, 7th May, 1805. He and Chancellor DeSaus- sure were from that time the warmest friends through life.
In 1802, Colonel Simkins commenced his professional life at Edgefield Court House. From the outset his practice was large and valuable. In accuracy of business and strict ac- countability, no man was ever his superior. He studied his cases and prepared his papers with great care. He spoke rapidly and fluently, and addressed himself to points at issue with successful effect. He married Eliza Hannah Smith, at Millford, Georgia, in April, 1807. She was the daughter of Benajah Smith, and the grand-daughter of General Elijah Clark, of Georgia Revolutionary memory. She was, as Col. Pickens justly said, "A beautiful woman, the sweetest and most entertaining lady I ever saw in any society." She was a most accomplished person, of great piety; a Christian of devoted zeal and of the most untiring aspirations.
Of her children, F. W. Pickens married Eliza, A. P. Butler married Susan Ann, and J. Edward Calhoun married Maria Edgeworth. These are now no more. Mrs. Pickens alone left children.
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There are now but three sons left, of whom Arthur Simkins is the eldest; the others are John and Clarke.
He was repeatedly sent to the Legislature by his native district; and in 1816, when Mr. Calhoun went into Mr. Monroe's Cabinet, Colonel Simkins was elected to Congress. In this contest he had for competitors Mr. Edmund Bacon, a very popular and eloquent man, and General William Butler, who had served throughout the War of Independence, first as Lieutenant and afterwards as Captain, with high distinction; the latter had also formerly represented the Edgefield Congres- sional District in Congress.
Colonel Simkins remained in Congress four years, and, among other speeches, made one on the Missouri Compro- mise, of marked ability and high tone. He declined a re- election, after serving two terms; voluntarily retiring in favor of his law-partner and friend, Hon. George McDuffie. Mr. McDuffie had begun the practice of the law, some years before this, at Old Pendleton; and, after being unsuccessful there, had run for Solicitor before the Legislature, and was beaten by Benj. Saxon, Esq., of Abbeville. He was spoken of by Mr. Calhoun and others, as a young man of uncommon talents; and Colonel Simkins, then a Member of the Legisla- ture, saw him, and offered him a partnership in his office on limited terms. Mr. McDuffie accepted, and settled in Edge- field accordingly. After Colonel Simkins retired from Con- gress, he resumed his profession, but divided his time between that and his planting interests. His health was extremely feeble from his youth; and as he grew older, he could not endure the close labors of the profession. He was fond of its duties, but unable to encounter its toils. His anecdote, his humor, his kind hospitality and unbounded social qualities, made him beloved by the Bar. He always, too, practiced his profession upon the most gentlemanly and liberal principles.
After Mr. McDuffie was withdrawn from the practice by his Congressional duties, Colonel Simkins took into partner- ship Mr. Edward Ford, a gentleman of fine heart and great intelligence. Mr. Ford was a near relative of Chancellor DeSaussure, and it was through the latter that Colonel Sim- kins became acquainted with him. Mr. Ford is now the
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eminently beloved pastor of the First Episcopal Church, in Augusta, Georgia.
In 1830, Colonel Simkins took into partnership, his son-in- law, F. W. Pickens, Esq., and did not, after that time, attend closely to the profession. His health had been failing for years before, and continued gradually sinking until he died in 1832, having lived a life as full of benevolence as ever any man was permitted to exhibit. There was no proposition of charity, no useful enterprize within his reach and influence, which did not enlist his active sympathies. He was, in truth, the light of the society in which he lived-ardent, kind, de- voted in all the relations of life. He died lamented by all who knew him. Leaning, at last, upon the merits of his Re- deemer, he went down to the grave, and was gathered to his fathers.
I may add, that Colonel Simkins was early employed in all the "Jews-land cases" of Abbeville, in the famous bridge cases between the Bank of Augusta and Henry Shultz, and in most of the heavy cases of his day.
From 1820 to 1832, no interior Bar of South Carolina presented abler counsellors than there appeared often in the Edgefield Courts. McDuffie and Bacon, Glasscock and Goodwin, George and Pickens Butler, Waddy Thompson, Brooks and Griffin, Bauskett and Wardlaw, were amongst the resident lawyers. Then, as circuit lawyers, Harper and Blanding, Preston and Richard Wild, Longstreet, Petigru and D. L. Wardlaw were often attendants in great cases. These were men of the highest rank-men rarely equalled at any Bar in any country. They were models of legal learning and forensic eloquence. No man could be prominent among such men without real worth and high abilities.
In addition to the preceding sketch by his son, I would add, that Mr. Simkins, as far back as 1808, rode the circuit, in company with George Warren Cross, Esq., of Charleston, Richard Gantt, Esq., of Edgefield, John C. Calhoun, Esq., of Abbeville, Solicitor Stark and John J. Chappell, Esq., of Co- lumbia, Samuel Farrow, Esq., of Spartanburgh, and Robert Creswell, Esq., of Laurens. I have seen them at Newberry.
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He was one of the many counsel employed for Dr. Reid in the great slander case vs. Captain John Henderson, and in which a verdict for five hundred dollars was recovered, and which Captain Henderson insisted on paying, and did pay, notwith- stauding the advice of his eminent counsel, Messrs. Stark and Calhoun to appeal, and their assurance that on an appeal they could defeat them.
In 1812, he was elected Lieutenant-Governor. How he acquired the title of Colonel, I do not know, but he was so called as far back as 1815. I presume he was the Aid of some one of the Generals of Brigade. At the Spring Term of 1815, I first attended at Edgefield; Mr. Simkins then had an immense practice; having associated with him, Mr. George McDuffie in the December previous, as a co-partner.
In 1824, he was a Member of the General Assembly of the State; and, in 1825, was the author of the Act to give juris- diction to the Judges of the Courts of Ordinary throughout the State, to order the sale or division of the real estate of in- testates, not exceeding the value of one thousand dollars .- Acts of 1825, p. 25. This Act was prepared by Colonel Sim- kins, and passed as presented; showing what care and dili- gence he bestowed upon it.
His widow survived him several years. She was a mem- ber of the Baptist Church, Edgefield, and was as remarkable for her pious life, as for her beauty, various accomplishments, and her sweet and lovely disposition.
Colonel Simkins was one of the kindest men whom I ever knew. His house was open to the largest hospitality. He was a respectable lawyer, a useful public man, as Member of Congress and a legislator. He did much to give character to Edgefield; for he presented an example of polished hospi- tality and kindness, and of good morals. He was a good citizen, a kind husband, father, son, neighbor and master. I know no man who has so much to entitle him to the honor and respect of his fellow-men.
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CHAPMAN LEVY.
This gentleman was a Hebrew by birth, and was a native of . the ancient town of Camden; he was born on the 4th of July, 1787, studied law, and was admitted to the Bar, in Columbia, in 1806. He practiced with eminent success in his native town and district, as well as in Lancaster and Kershaw, and possibly in Sumter. He was occasionally employed in Columbia, and at Lexington Court House. He was one of ths shrewdest advocates with whom I was acquainted. I re- collect only one case in which I had an opportunity to judge of his powers. I allude to the case of Cantey vs. McWillie, involving a question of water privilege. His management and argument in that case, about the year 1837, was surpas- singly excellent. In 1814, he volunteered for active service, with the fine rifle company of which he was captain, in the regiment of drafted militia, commanded by Colonel Adam McWillie, and served at Haddrel's Point, near Charleston, until March, 1815.
Chapman Levy was usually called Colonel Levy, from being the Aid of one of the Governors, I suppose. He was several times a Member of the Legislature, and was, I know a Representative in the sessions of 1828 and 1829; he was the Chairman of the Committee on Retrenchment, which laid an unsparing hand on the salaries of many of the public officers. As a Member of the Legislature, he was active and untiring in the discharge of his duties. In the unfortunate political contest in this state, which gave rise to Nullification, and which has been the parent, in a greater or less degree, of all our subsequent political dissensions, Colonel Levy was an ardent and consistent Union man, and did more than any one else to keep Kershaw, Chesterfield and Lancaster in their proper places.
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