Biographical sketches of the bench and bar of South Carolina, vol. II, Part 26

Author: O'Neall, John Belton, 1793-1863
Publication date: 1859
Publisher: Charleston, S.C. : S.G. Courtenay & Co.
Number of Pages: 636


USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 26


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The democratic instincts of Maj. Felder were so strong, that he never, to the last, gave up entirely his ancient faith in the great Democratic party of the Union ; and, if, in discuss- ing and embracing measures of resistance to the encroach- ments of the Federal Government, he appeared cooler, and did not go quite so far as some others, it was not that his temper was more phlegmatic, or his sense of injury less, or that any man living surpassed him in deotiovn to the South, and to South Carolina, and, above all, to Orange, but because he long believed, and to the last had some trust and hope, that the Democratic party, if not the whole of it, at least the Southern wing, would yet work out our salvation.


The mind of Major Felder was of a high order, though not of that caste that furnishes the most brilliant themes for eulo- gistic analysis and criticism. Endowed with close observa- vation, a rapid generalization and a retentive memory, he acquired much, and applied his knowledge with great success to useful purposes.


In his latter years he had but little intercourse with books. " He read men," he said; and few could do it more rapidly or thoroughly. He was not what is called a metaphysician, nor a logician, nor a rhetorician. That is, he unfolded in his discourse no subtle analysis, made no formal array of syllo-


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gisms, and more adorned them with firm flourishes. Yet his conclusions, which were usually as profoundly true as they were pithily and effectively expressed, proved that he had penetrated by some process to the bottom of his subject, and brought back by the shortest route the most precious ore de- posited there. He was an enterprising, and in all things, a practical man. But his practice was founded, like true faith, on accurate knowledge and deep reflection, and did not blindly grope after undefined and half-conceived results.


In short, Major Felder was an excellent specimen of that admirable and most valuable class of intellects, in which cul- tivation incessantly generates energy and enterprise, but over which, what for want of a better designation, we call common sense, holds unremitted and complete supremacy, cutting short at once all fantastic tendencies, and tearing the tempting veil from every delusive anticipation. This nicely adjusted balance, which in him was so well preserved through life, was dear, perhaps, more than will be allowed in this age, to a sound natural constitution, and the almost unintermitted health which he enjoyed.


In his seventieth year, his body was as erect, his step as elastic, his thinking as close and rapid, his speech as quick, his action as prompt, and his endurance as great as with most men at forty-five.


This long preservation he owed, in no small degree, to the moderation and simplicity of his habits. Major Felder was never married ; but he was the head and centre of a large and most respectable family, who looked up to him with affection- ate veneration, and to them he has left a very large fortune, acquired chiefly by his own exertions.


In his social intercourse with them, and with his neighbors around his different plantations, as well as with his constitu- ents and the world at large, his manners were uniformly kind, affable and courteous. To the lowly and deserving, to the distressed and injured he was ever ready to lend a helping hand, and render the efficient support of his advice and coun- tenance.


And his death, while it deprives the State of one of its most


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useful citizens, and one of its very best public servants, leaves a gap in his domestic circle which never can be filled.


PROCEEDINGS IN THE STATE SENATE OF SOUTH CAROLINA.


Mr. Quattlebaum rose and said :


Mr. President,-Since we last assembled in this Chamber, death has invaded our ranks, and bereft us of the counsels of one of the oldest and most vigilant Members of the Senate. The seat so long filled by the Hon. John M. Felder, the late Senator from Orange, must hereafter be occupied by another. In view of this dispensation of an All-wise Providence, it becomes us, his late associates, to bear living testimony to the faithful manner in which he discharged his trust as a representative of the people.


It was my good fortune, sir, to have made his acquaintance long before I met him on this floor-when I was yet a boy -- and, as I merged into manhood, a free, friendly correspon- dence and social intercourse with him imparted to me much practical information, of which he had a mind abundantly stored ; and for his acts of kindness to one so humble in life, I shall ever hold his name in grateful remembrance.


My personal knowledge, however, of his political career does not extend beyond the period at which he entered the Congress of the United States, as the successor of the late Judge Martin, some twenty years ago. But from then till the close of our last session, the last time he appeared in the public service, I feel assured that the closest scrutiny could not detect one single act of his, assimilating a dereliction of public duty. Of all those with whom I have been associated, since I have been honored with a seat in the Legislature, I can say with all the sincerity of my heart that I have found no one more wholly devoted to the promotion of what he conceived to be the true interests of the people. He was one who never lost sight of the responsibility to his constituents- one rarely found absent from his post. It was a governing principle of his life, to be there, if possible, as he often assured me, until the hammer fell.


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The physical, as well as the mental struggle which carried us through the trying scene of the last night of the last session, must be durably impressed upon the mind of every Senator who nerved himself equal to the crisis. Trying as the scene was-as much physical exertion as it required to hold up under the fatigue, caused by our continuous session, throughout the entire night, after several previous protracted sittings-our venerable and departed friend furnished an example which many younger Senators could not follow. With him, the governing principle of his life was never more predominant than on that occasion. The people had sent him here to watch-to take care of their interests. It was no exemption from responsibility that he was worn down with fatigue; it was not for him to admit, that because three-score and ten years had wrought upon his once vigorous constitu- tion, he had at last become unequal to the contest -- unequal to the demands made upon him. He had once more to battle in their (the people's) cause. He expected that the Treasury would be assailed. He went, as usual, to his post, to defend it ; participated largely in the business of the Senate, and retired, sir, when your hammer fell, announcing an adjourn- ment, sine die. Thus ended his public career. Of its com- mencement, I can speak only from record.


As early as 1812, we find him placed on an important Special Committee in the other House, to consider the propri- ety of chartering a Bank of the State. At the inception of that great question-a question which has at times engaged much of the public mind-he took the side of the minority in opposing the measure, as unsound in policy, and at variance with the true spirit of our republican institutions. There was no question that received more of his attention ; and, as a financial measure, he probed it to the bottom. The Bank can hardly feel under any special obligations to his never-ceasing vigilance concerning its administration; but, sir, I cannot but believe that his constant warfare upon it restrained abuses that would have sunk it into disrepute.


Our lamented friend was no ordinary man. Far from it. If he had not command of all the grates of eloquence, his


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reasoning was yet terse, pointed and logical. As a parlia- mentary debater, he was always ready; it was seldom that his adversary was able to take him by surprise.


In early life he had to struggle against adversity. Although descended of a very respectable family-a family which peril- ed life and fortune for the independence of the State-a family, of whose noble deeds of daring and patriotism he might well have been proud, yet his patrimony was barely sufficient to carry him through Yale College, where he gradu- ated with honor, in the same year and class with Mr. Calhoun. It was during their collegiate course that they cultivated a feeling of devoted friendship for each other, which was termi- nated only by death. It was rare that they differed even in their political opinions ; and while the one chose the broad field of Federal politics, in which to display his genius, the other, after four years' service in the National Congress, found the purer air of his native State more congenial to his feelings. Here, sir, Mr. Felder exercised a similar influence to that wielded by Mr. Calhoun, in the Federal Councils. Both of them, in my humble opinion, were nearly always right ; but both of them were often opposed by powerful cliques, to which they were never known to give aid, countenance or comfort. Each performed an important part; and each in that particular sphere best adapted to his particular turn of mind.


Mr. Felder, when a young man, aspired to military honors ; but the war of 1812, which he had supported as a Member of the Legislature, terminated before he was able to reach the scene of action, with a battalion placed at his command.


But Major Felder won his way to distinction mostly as an advocate ; and for twenty years enjoyed a lucrative practice at the Bar, from which he retired in the prime of his life, when he might have continued in the profession of the law, under the most favorable auspices. But he chose to abandon it, that he might devote his time and attention to politics and his own domestic affairs.


The part which he performed on the political stage is too well known to the Senate and to the country to make it


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necessary that I should say more on that subject. But, sir, if delicacy did not restrain me, I would dwell with satisfac- tion upon his private character, and his achievements as a citizen and benefactor. It was in a domestic capacity that he did as much, perhaps, as any man now living or dead, to develop the resources of our beloved State. He accumulated an immense fortune by frugality and industry alone; and, although he never married, he left a large, respectable family of near relatives, upon whom he had devoted parental care, and to whom will descend his vast estate.


Immediately preceding the death of our lamented friend, a longing desire to once more visit an only sister, residing in Georgia, allured him from his home. He accomplished the object nearest his heart; visited that sister ; was returning to his own native Carolina ; and, while on the Georgia Rail- road, was suddenly taken ill with billious cholic, which shortly after terminated his long and useful life, on the first of September, of the present year, at Union Point, in the midst of strangers, without a friend or acquaintance near him to receive his dying bequest. There was not a paper to be found about his person to reveal his name. His memorandum-book approximated it more than any other. Upon it were found the initials, "J. M. F.," but no one present could decipher the meaning of these letters. Further on, in this little book, was his cash account, with a credit endorsed by his own benevolent hand-" Given to my sister, Mrs. Pou, one thou- sand dollars .- Deposited in the Bank of , to the credit of my sister, three hundred dollars." This unveiled the mystery-brought to light the identity of the dead stranger. It was the Hon. John M. Felder, who, before, while living, never knew the want of a friend ; now, in his last, his dying moments, had not one near him to say farewell, good old faithful public servant and useful citizen .- Let thy soul depart in peace to God, who gave it; its mortal tenement shall soon return to thine own loved and loving Orange, there to mingle with the dust of thy parents.


I now move, sir, the adoption of the following preamble and resolutions :


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Whereas, this Senate has heard with profound regret, that since the last meeting of the General Assembly, the late Senator from Orange has departed this life : Therefore,


Resolved, That in the death of the Hon. John M. Felder, the Senate has lost one of its oldest, most efficient, able and useful members, the people of Orange a faithful representa- tive, and the State a valuable and valued citizen-distin- guished alike for purity of motive, loftiness of purpose, clearness in design, and energy in execution.


Resolved, That as a testimony of respect for the memory of the deceased, the members and officers of the Senate will wear the usual badge of mourning during the session.


The preamble and resolutions, seconded by Mr. Gramling, were unanimously agreed to; and,


On motion of Mr. Moses, in further testimony of respect to the memory of the deceased Senator, the Senate immedi- ately adjourned, at 20 minutes past 1 o'clock, P. M.


The following papers illustrating one phase of the life and manners of the time, may well accompany this sketch of Major Felder, whose name is identified with that of Orangeburg. They may both instruct and amuse the reader, and were fur- nished to me by the industry of my excellent young friend, Colonel Thomas Jamison Glover, the eldest son of my long esteemed friend, and now my legal brother, Judge Thomas Worth Glover.


[A County Court Capias.]


SOUTH CAROLINA, WINTON COUNTY.


To the Sheriff of Winton County, greeting :


We command you that you take the body of John Buford, if to be found in your county, and him safely keep, so that you have his body before the Justices of our County Court, of Winton, aforesaid, at the house of James Mitchell, on Cedar Creek, on the first Monday in November next, to an- swer John Cone, in a plea of trespass, on the case * to the damage of the said John Cone, twenty pounds, and have then there this writ. Witness: Aaron Smith, Clerk of


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our said Court, this fifth day of August, and the thirteenth year of the Independence of America.


A. SMITH, C. W. C. (Copy,) - -


[A Unique Bond.]


SOUTH CAROLINA, WINTON COUNTY.


Know all men by these presents, that we, William Willis and John Mitchell, are holden and firmly bound unto Aaron Smith, Esq., Ordinary for Winton County or precinct, in the full and just sum of two thousand pounds sterling, to be paid to the said Aaron Smith, or to his successors, Ordinaries of this district, to which payment, well and truly to be made, we bind ourselves and every of us, our and every of our heirs, executors and administrators, and either of them, in the whole and for the whole, jointly and severally, firmly by these presents, sealed with our seals, and dated the second day of June, in the year of our Lord, one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of North America.


The condition of the above obligation is such, that whereas, the said Aaron Smith, hath this day, under his hand and seal, licensed any Justice of the Peace for said county, or any licensed Minister, to join in the holy state of matrimony, the above bounden William Willis, of the said State and county, school-master, and Susanah Torry, of said county, &c.


Now, if there be no lawful cause to obstruct the said mar- riage, and that the said William Willis and John Mitchell, or either of them, or either of their heirs, executors or admin- istrators, or any of them, do well and truly, save harmless the said Aaron Smith, and all other persons whatsoever, as well in executing as granting the said license, against all other persons whatsoever, then this obligation to be void, or else to remain in full force and virtue.


WILLIAM WILLIS. JOHN MITCHELL.


Sealed and delivered in presence of THOMAS WYLD.


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[Orangeburg as it was.] ORDERS IN THE GENERAL SESSIONS. November 15, 1783.


Presentment of Grand Jury :


We present as a great grievance the want of a Minister of the Gospel, and earnestly recommend to the Legislature to devise ways and means of establishing the preaching of the Gospel in our district, at the next Session of the Assembly ; also, the want of a Seminary of learning in said district, and the little attention paid to the cultivation of youth.


RECORDS OF THE COUNTY COURT.


Journal of Fourth Monday of April, 1786.


Present their worships-Henry Felder, Wittenhall Warner, Jacob Rumph, Samuel Felder, Stephen Curry and James S. Richards. Christian Rumph was elected Sheriff, and James Carmichael, Clerk, by their worships.


October 22, 1787.


Mr. Robert Stark appeared in Court, and moved that he might be admitted as an Attorney of this Court. The Court, therefore, admitted him as such, on condition that he should produce his credentials, obtained agreeably to law, next Court.


The Court then proceeded to the appointment of an Attor- ney, to attend and prosecute on the part of the State, pursu- ant to the County Court law, when Thomas P. Carnes was duly appointed.


October 27, 1789.


Ordered, that the Sheriff do immediately cause a pair of stocks, a pillory and whipping post, to be erected on the pub- lic square, on the place where Sanders, the vagrant was sold, and that the same be made of the best light-wood.


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IN THE SESSIONS.


THE STATE, vs. Receiving stolen goods.


JOHN CASWELL,


On motion of Mr. Goodwyn, Attorney for defendant, or- dered that the prisoner be brought up to be discharged, which was done accordingly.


Ordered, that he be discharged on proclamation, on Mr. Attorney Goodwyn assuming to pay the fees due the officers of the Court, as soon as he receives the money due on a cer- tain note of hand, due by a certain Mr. Collins, and endorsed by the aforesaid Caswell to Mr. Attorney Goodwyn.


-


April, 1785.


BEFORE JUDGE PENDLETON.


THE STATE, vs.


Larceny.


FREDERICK HOWELL,


On motion of Mr. Attorney-General, ordered that the pri- soner be brought to the Bar to receive sentence.


Ordered, that he be remanded to the gaol, there to continue until the third day of May, when he is to be brought out and branded on the ball of the left thumb with the letter T.


THE STATE,


vs.


Horse Stealing.


JOHN MURPHY,


Ordered, that he be brought to the Bar; no evidence ap- pearing, ordered that he be discharged by proclamation, hav- ing first made oath that he was not able to pay the fees due to the officers of this Court.


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November, 1786.


MR. JUSTICE HEYWARD.


On motion of Mr. Sheriff, ordered that Capt. Jacob Rumph do immediately send six men, out of his company, to guard the gaol for the space of seven days; and that, after the expi- . ration of seven days, ordered that Capt. Henry Felder do relieve the aforesaid six men with six men from his company, to continue seven days ; and that, after said term, Capt. Rumph shall again send the same compliment of men to relieve Capt. Felder's men, and so each to relieve the other alternately, until the prisoners now confined in gaol, and under sentence of death, be executed according to sentence, or otherwise dis- posed of.


November, 1784.


THE STATE,


vs.


Bastardy.


MICHEL SMOKE, MARY STROMAN,


Mary Stroman having made oath, in Court, that she is with child, and that it is likely to be born a bastard, and Michel Smoke is the father thereof, ordered that the said Smoke and Mary Stroman, be each fined in the sum of five pound pro- clamation money, and that the said Smoke shall give security to keep the Parish free from any charges whatever till the said child shall arrive at the age of ten years.


November, 1800. MR. JUSTICE JOHNSON.


THE STATE,


vs.


1 1


Murder.


ANTHONY DUESTO,


The prisoner being brought to the Bar, was addressed by the Court in the following words :


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Prisoner, on the 11th November, in the year 1794, in this District of Orangeburg, a certain Anthony Duesto was con- victed of the crime of murder, committed on the body of Stephen Touchstone. On the 1st December, 1794, sentence . of death was passed on the said Anthony Duesto, to be exe- cuted on the tenth day of the same month. This sentence was respited by the Governor until the twenty-fourth of the same month. Wm. R. Thomson, then Deputy Sheriff, has returned that on the twenty-third of the same month, the same Anthony Duesto was forcibly rescued from the gaol of the said district. You, prisoner, are now brought to the Bar of this Court to receive the sentence of death, as being the same Anthony Duesto, convicted as aforesaid, how say you ? Are you the same Anthony Duesto ? The prisoner answered he was not. The Solicitor, in behalf of the State, replied that he was the same, and that he was ready to verify.


Anthony Duesto was identified by three different evidences.


April Term, 1803. MR. JUSTICE TREZEVANT.


THE STATE,


vs. Cheating.


JACOB COONER,


JAMES MAY,


Sentenced to pay a fine of twenty dollars, refund to the prosecutor, Thomas Newell, four dollars, and be committed till these sums and costs of prosecution are paid.


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January 30, 1789.


Thomas Waties was elected Associate Judge in the place of Judge Pendleton.


State of Poll.


Thomas Waties 101


Wm. Drayton 87 Scattering. 2


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WILLIAM FALCONER.


For an account of this gentleman, I am mainly indebted to my venerable friend, John D. Witherspoon, Esq., of Society Hill.


William Falconer was born in Scotland, and educated in or near Glasgow; he came to this State about 1785, as an amanuensis for a blind gentleman, by the name of Dr. Black. Where he studied law, or when he was admitted to the Bar, is unknown. He settled in Chesterfield District, which was then part of the District of Cheraw. In the year 1793, when Mr. Witherspoon was a school-boy, at Society Hill, Mr. Fal- coner visited the school, at regular examinations, very much to the terror of the students. He was a good Latin scholar, and, at that time, was the only lawyer located in Cheraw District.


The members of the Bar from Charleston usually attended the Cheraw Circuit Court, and Mr. Falconer met them fre- quently there; he was generally successful in his cases. His practice caused him to attend the Courts at Georgetown and Camden, where he was favorably known. His course at the Bar was strict practice. Liberality was no part of his charac- ter. He frequently tripped up a young practitioner on some technicality, or some defect in special pleading. He was sel- fish, and never associated with any of the Bar. He was a good lawyer; astute, and would, in these days, be called cun- ning. He was sarcastic and bitter in all his speeches; and kept all the young lawyers in dread of him, and compelled them to club against him.


He lived about four miles from Society Hill. He was a Member of the Legislature in '98 and '99, and was one of the most active Members in abolishing the County Courts. The Acts of '98 and '99, abolishing the County Courts, and estab- lishing in their stead the Circuit Court system, were introduced by him. He was a Federalist, and fell with his party in the


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struggle for power in the contest of 1800. Hs was elected a Member of the first Board of Trustees of the South Carolina College in 1801, which shows that he was not only a man of note, but also distinguished for his literary attainments.


In May, 1805, he was engaged as counsel for Lovick Ro- chelle, in the case of the State vs. Henry Rochelle, indicted for murder at Camden. He rode from home to Camden, visited and counselled Rochelle in the gaol, and returned home on the same day. Thus making, on the same day, a journey on horseback of nearly a hundred miles. Soon after, he was attacked with fever, and died. Thus perished one of the early luminaries of the law. He left none to inherit his name or vindicate his fame. To a stranger, the duty has been left to gather some memorials of his life, and give him a place among his cotemporaries of the Bar of South Carolina.


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MEMBERS OF THE BAR.


WILLIAM CRAFTS, JR.


This gentleman, the son of William Crafts (who emigrated from Boston, Massachusetts, and married a lady of fine un- derstanding, in Charleston), was born 24th January, 1787, in the City of Charleston. He gave early evidence of an aptness to learn, and was educated by various teachers in the city, until he was committed to Dr. Gardiner, of Boston, before he commenced his collegiate course.


In the autumn of 1802, he entered the Sophomore Class of Harvard College. No young man, or rather lad, ever gave evidence of finer attainments in his college course, and none certainly ever in his nineteenth year, graduated with as high distinction as he did, at Harvard.


He returned to Charleston, and at the age of nineteen began the study of the law, in the office of Messrs. DeSaussure & Ford. "When only twenty years of age, he was unanimously elected Ensign of the Washington Light Infantry-a new mili- tary corps, which had recently been enrolled in Charleston, composed of the most respectable young men of the city. Its first commander, whose name is his own culogy, was the late Hon. William Lowndes, and Mr. Crafts bore the infant standard of the company. In the frequent deliberations and debates incident to the formation of such a body, he enjoyed a good opportunity, even while a student at law, to exercise himself in the art of extemporaneous speaking. Here his fine powers instinctively felt their way in a friendly collision with several congenial minds, and prepared for him adherents, admirers, and a reputation, with which to start in the outset of his approaching professional career."




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