USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 3
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
As an advocate, he was preëminently successful. During his whole legal practice he never, at the Bar, for one moment exhibited the slightest impatience of temper. With great energy of manner and rapid and earnest eloquence, he always displayed the highest self-possession and control. He was always master of himself and of his subject. He never seemed, even in the least degree, embarrassed or disconcerted when any fact or point, apparently unexpected, arose in the progress of a cause, but met it with the same calmness and
25
ATTORNEY GENERALS.
spirit as if he had anticipated it, and was perfectly prepared for it. On every occasion, and under all the circumstances in his professional career that fell under my-not very limited- observation, he ever bore himself with the candor, firmness and courtesy of the gentleman.
In writing these brief reminiscences of my ever-lamented friend, your brother, Robert Y. Hayne, I have, my dear Col. Hayne, confined myself to my recollections of his professional life. No man with whom I have ever been intimate, better deserved an affectionate, earnest and copious biographer. Were his life truthfully and fully written, as I believe it deserves, it would hold out to the youth of our country an example of industry, perseverance, integrity, powerful and well-directed talents, and stainless honor, worthy of their highest admiration and their most earnest emulation."
" I regard it as one of the happiest circumstances attendant on my social intercourse in Charleston, that I enjoyed the immediate neighborhood and confidence of your lamented brother. My admiration of him began when I was a student in college, with his earliest notoriety as a public character ; and the subsequent intimate familiarity enjoyed during the seven years in which I was his next-door neighbor, only tended to increase and confirm it every day. The intelligence of his death was a shock which I shall never forget. It had never occurred to mne that Robert Y. Hayne could die in mid- dle life; and when my wife sent for me to direct my attention to the mournful paragraph in our Charleston paper, I had a feeling (a wrong one I know) of violated propriety, as if death had invaded a territory not committed to him yet, and had shot aside of his proper mark at an object not intended to die. May God forgive all the reluctance and rebellion with which my fond heart has met this stroke, and yielded to Heaven's inscrutable, yet wise dispensation! The circum- stances of our intercourse would, doubtless, have furnished many incidents of the kind you now require of me, had they been marked and noted at the time. But my mind was un- consciously under a sort of delusion, that neither death, nor
26
ATTORNEY GENERALS.
separation, nor forgetfulness, could ever remove these facts from my sight, or prevent their continued multiplication. Alas! how much might I have learned from that great, that good, that estimable man, had I anticipated in time the course of events. Lately, and before the receipt of your letter, my attention had been recalled to the facts of my past intercourse with my friend by the action of the two societies, in our Uni- versity, with regard to his death. Our students (an admirable body of young men) had cherished the most devoted admi- ration of Gen. Hayne. His public speeches were eagerly caught up in fragments, for the purposes of declamation and exercises in elocution ; and our spacious rotunda echoed every week his gallant and glowing sentiments. When he died, a sensation was produced in college, as if they had lost a father, and both societies united in an urgent request to me to deliver an eulogium on his memory. To this I could but reply, that the selection of such a man as McDuffie to be the eulogist of a such a man as Hayne, seemed to me to preclude all minor arrangements, and ought to be enough for the whole country. Not satisfied with this, they reiterated their request, alleging that my intimacy with their beloved honorary mem- ber would enable me to supply a home view of him, which to them would be far more interesting and useful than an eulogy upon his splendid public career. I am, therefore, driven to this answer, that I must comply with their request before the retired audience of the college body, if I can com- mand the time. Amid an unusual press of other duties crowding upon me, just before our commencement, I am trying to recall such facts as might enable me to meet the call of our young men. A few of these facts may possibly suit your purpose, and with a mournful pleasure I proceed to record them. On a ride which I took with Gen. Hayne, in his barouche, to his plantation on Goose Creek, our conversa- tion took a turn the most familiar and unreserved. The circumstances and scenery around us recalled the early asso- ciations of our lives: each was led to speak of his being brought up amid rural scenes and labors, and of the effect thus produced upon subsequent characters. The conversa-
27
ATTORNEY GENERALS.
tion was more than usually interesting to me, because his experience and observation accorded so well with my own. He said that he owed the chief excellencies of his character, and his success in life, in a high degree, to the training which he had unconsciously received in the country during his . boyhood. Rural labors and rural sports had contributed to physical strength and mental energy so efficiently and obvi- ously, that the power of patient endurance, the habit of appli- cation, the feeling individual responsibility and care, the practical turn, the disposition to finish what he had begun- the unconquerable purpose-had been early and insensibly incorporated into the very elements of his character; that if he had any distinction among his fellow-men, it was to be traced, under Providence, to these causes. He illustrated the effect on his body and mind by an incident of his boyhood, · which I can but briefly advert to. During the Christmas holidays, some friends from town were spending their leisure at the family mansion. His taste was to take a deer hunt. The weather was exceedingly cold and inclement. A deer was found and pursued into a pond, then deep, (in some places to the arm-pits,) and wholly frozen over; the other par- ties in the hunt were glad of this excuse to retire from the bitter cold to enjoy their Christmas dinner. They endeavored to induce him to accompany them, but without effect. Irre- spective of privation, or sufferings, or danger, he must pursue the enterprise to its close; and he actually waded into the pond, (his clothes, on every little exposure to air, freezing upon him,) followed the deer from place to place, without attendant, without dog, without dinner, until a late hour of the night, and rested not until he had secured his game. His return, and his triumph, were not known to the family until the next morning. During the summer, previous to the elec- tion of Mr. Barnwell as President of the South Carolina College, Gen. Hayne was pleased, in a very confidential con- versation, to urge that post on my attention. I replied, by alleging the fact, (which he very well knew,) that my studies had all been directed into a channel very different from that which the preparation for such a post would require. He
28
ATTORNEY GENERALS.
replied, very decidedly, ' that is of no consequence; I have always found that good sense and a firm purpose, with com- petent general education, qualify a man for anything.' He then related an anecdote of Bishop Watson. Some of his friends, appreciating his talents, and anxious for his promo- tion, had him appointed to the Chair of Chemistry, which he afterwards filled with so much honor and usefulness in one of the English Universities. When he received news of this appointment, he remarked that of the whole circle of science, he knew least about this subject. But, having great confi- dence in his own resolution, he consented to accept the office, on condition that the authorities of the University would allow him to spend a year in France to collect apparatus, and to avail himself of the improvements in that department on the Continent. This was agreed to; he went to France, procured an able master, applied himself with unquenchable energy, and in a year returned, well furnished for his new and ardu- ous employment. He illustrated his position by a fact in his own life. Soon after he made his appearance in the Legislature of South Carolina, very young and inexperienced, he was most unexpectedly elected Speaker of the House of Representatives. He knew just nothing of parliamentary rules, had never seen a book on the subject, and knew not a dozen Members of the House, beyond the Charleston Delega- tion: what was he to do? To recede would be disgraceful. Undismayed by the appalling and critical responsibility which had fallen on the very threshold of his career, he determined to see what energy could do. From a friend, he borrowed a copy of Jefferson's Manual, and retired to his room to open it, for the first time in his life. That night he slept not, nor relaxed his application for one moment. He thoroughly mastered its contents, digested and arranged in his own mind all its rules and principles, and, at noon next day, went into the House, fully prepared for any question of order or contin- gency that might arise. His most intimate friends at the time knew nothing of his difficulty, or of the manner in which he had surmounted it. His next difficulty-that of not knowing the names of the members, he surmounted to
29
ATTORNEY GENERALS.
the surprise of everybody. When any member rose, he had the Clerk of the House, in an under tone, to call his name. He then fixed his attention so closely and exclusively on him for a moment, surveying him from head to foot, that he be- came master of his identity, and never forget it. In this manner, he learned the names of all the speakers in the House, in a few hours ; and, before the first week was gone, he had learned all, so that he could instantly call any man's name. To any one who has seen Gen. Hayne, and observed the penetrating glance of his eye, the operation of ascertain- ing the names of the members will be perfectly intelligible. It will be remembered, by many in Charleston, that soon after the destruction of Abolition pamphlets and papers, taken from the post-office, at night, by persons unknown, a meeting of the citizens was called, and, under the auspices and efforts of John Lide Wilson, and other unquiet spirits, an effort was made to sanction that lawless invasion of the post-office by a public vote. Feeling a great concern for the honor of the city and the public tranquillity, I departed from my usual course of neutrality, and attended the meeting. I occupied a position near your brother, and not far from the long table in the City Hall. The tide of popular feeling ran high; it was even thought and said that the progress of the mail must be arrested until its contents should be duly scrutinized by State officers, and pronounced harmless as to the exciting subject. It seemed like a perfect waste of effort, if not an utter self-sacrifice, to oppose violent measures at such a crisis. What was the particular course of proceedings, I cannot now recollect ; that is of no consequence, as you can possess your- self of the facts on the spot. But, I well remember, that on some new and decided demonstration of popular excitement and meditated excesses, Gen. Hayne, with the rapidity of thought, mounted on a bench, elevated his person, and, in his most full and audible tones, addressed a motion to the chair in favor of order. His manner was more characterized by strength and determination than I ever witnessed from any man on any occasion. He had labored, in a style of conver- sation, on the floor, for some time before that, with the advo-
30
ATTORNEY GENERALS.
cates of violent counsels; now perceiving them grow more confident, encouraged by every demonstration around them, and seeming secure of trinmph, he instantly mounted his extemporaneous rostrum. His form, voice and manner, com- manded universal and instant silence and attention. He took a comprehensive, yet highly condensed view of all the topics involved in the question and issue, and obtained a complete triumph of reason, law and order. It satisfied me, and I think all present, that his devotion to the cause of good order was such, as to make him willing to encounter popular odium in its support.
Of that critical and fearful period, when he was Governor of the State, I could state many things. Many others saw him, even more intimately than I did at that time, and I will, therefore, speak only of two conversations which we had alone. I had rendered to him, as Chief Magistrate of the State my public services, in case of any emergency to com- mand me as he might choose. I used, therefore, a freedom of remark to him respecting existing facts and prospects, which I did not indulge, to any one else.
In one of our conversations, happening at the time of the arrival of the vessel in the harbor, which was freighted with arms and munitions of war, for the use of the State, he told me that he had been awaked out of sleep, at a dead hour of night, by several of his friends, who came to inform him that a company of the Union party (as it was called) was then forming to go on board the vessel, and throw the prop- erty of the State into the dock. They urged him to order out a volunteer company instanter, to go on board the vessel and guard the public property. His reply was decided : that he would do no such thing: that he did not believe, in the first place, that any would be fool-hardy enough to do what was talked of. But suppose they are, and the arms of the State are thrown into the dock, the State can buy more: the loss of property will be trifling, compared with the importance of maintaining our position and principles with a perfectly pa- cific bearing. 'Suppose,' continued he, 'I were to do as you desire, and order out a company, the families of their
31
ATTORNEY GENERALS.
neighborhood would know it-the inhabitants of the streets through which they would pass must know it-our opponents. would hear of it-they would say, "they are arming to butcher us," and would fly to arms themselves. In the pre- sent state of excitement, nothing could prevent a bloody col- lision between armed parties meeting at night in the streets. No, gentlemen ! I am determined that if, in this controversy, blood must be shed, the first drop must be shed by our oppo- nents.' I always regarded this incident as furnishing com- plete evidence of his unusual self-possession, his clear, cool decision and unequaled moderation, in the most exciting and difficult circumstances. Upon every review of the events of that fearful crisis, I am convinced that Robert Y. Hayne was an instrument prepared by Heaven, to save the country from the horrors of a civil war. No other human being but he alone could have controlled those angry elements, and guided the State through that stormy period without a collision of arms. Every day of my life I thanked God for such a man, and supplicated the throne of mercy in his behalf until the danger was past. He, too, seemed to feel the need of wis- dom, power and resources, superior to human, for that mo- mentous occasion. He attended worship in my church, during all that time, with the regularity of a member; and ever seemed to feel when there, or in private, when the subject was adverted to, his responsibility and dependence on Heaven. His usual habits, however, at church, were those of reverence for Christian institutions and of attention to the preacher- so marked and fixed that I have never seen it exceeded. I speak, of course, only of what I saw, which was in my own place of worship. I often saw his eyes filled with tears, of which he seemed to be so far unconscious as to keep them still fixed on the preacher. I have an humble hope that the thousand prayers that have been offered for him were heard, and that God has taken him to rest. The whole impression of his character, left after a long, close, intimate observation, is that he was the purest public man I ever knew.
Your brother once gave me an account of his habits of preparation for debate, which was to me exceedingly interest-
32
ATTORNEY GENERALS.
ing. With this, however, both yourself and our mutual friend, Gov. McDuffie, must be more familiar than I. In what I have written of your brother's conversations, I do not pre- tend, in all cases, to give his precise words, but only the sub- stance. Sometimes there was a force, and a fire, which I could not convey. If I have occasionally spoken of myself in connection with him, forgive it. I did it only to refer to the occasions on which he spoke, that the force of his re- marks might be better understood. I am conscious, after all, that my account is meagre, and that it very inadequately pre- sents that great, good man, even in the points of which it professes to treat. Your kindness will accept it, dear sir, as the best tribute I can offer to departed worth, amid the mul- tiplied and responsible duties that now hang upon me."
We conclude this just tribute to " distinguished worth" by appending some extracts from a letter from the brother of Governor Hayne to Gen. George McDuffie, dated at Charles- ton, Ist November, 1837 :
"I place before you an account of the last interview that ever took place between that great and good man, General Jackson, and Governor Robert Y. Hayne. In the autumn of 1837, by the direction of the State of South Carolina, my brother repaired to Nashville, for the purpose of obtaining the concert of the State of Tennessee to the granting of a 'Charter with Banking principles, to the Louisville, Cincinnati and Charleston Rail-road Company.' General Jackson, being in- formed of General Hayne's arrival at Nashville, he directed his private secretary, Major A. J. Donaldson, to wait on him, with his kind regards, requesting him, before he left the State, to-do him the favor to pass a day with him at the ' Hermitage.' The invitation was accepted, and as soon as he had finished the public business, he rode out to the 'Hermitage,' and re- mained with General Jackson during the day. He found his host very feeble, and much changed in appearance, but his mind was strong and vigorous, his memory good, his man- ner calm, courteous, gifted, as when he first became acquainted with him, in 1820, at the same place. The day passed pleas- antly in the company of the 'Hero of Orleans,' the right-
33
ATTORNEY GENERALS.
hand man of God, to save that city, the State of Louisiana, and those bordering on the Mississippi, and the Gulf, from plunder and ruin.
" The day was gone .. the parting hour had arrived, and not one word had been uttered in relation to their former antagonistic positions. My brother rose to go; standing before the General, he seized his hand, and said, 'General, it is more than probable, we shall never meet again in this world, and, as we are about to part, I would say to you, with perfect frankness and sincerity, that, if in the discharge of official duties, circumstances have occurred, and many such, we both know, have occurred, to shake our friendship, on my part, they are now, and ever will be, forgotten.' General Jackson rose from his seat, hardly able to stand, and, taking the hand of his guest, said, in reply, 'Governor Hayne, the kind, frank, and noble sentiment, you have just given utter- ance to, are those I truly feel, and, from the bottom of my heart, I sincerely reciprocate all you say. And now, my dear sir, I rejoice that our mutual friendship is restored; and that we stand together, as of old. The purity of your character- the virtues which adorn your spotless life, as a public man, and, in the social and domestic circle-won my friendship in our first interview, in 1820, at this place. I say it now, and I say it with pleasure, and in sincerity, that, in that great record of your country, which belongs to history, your name will stand conspicuous on the roll of her illustrious sons, as an able jurist, an elegant orator, a wise counsellor, a sagacious and honest statesman.'
"This last meeting reflected honor on both parties, and most happily illustrated their high and exalted characters. I have supposed that so touching an account might find a place in your forthcoming eulogium on the character and public services of Governor Hayne. 'They parted, for the last time, as friends-never again to meet in this world.'"
3
34
ATTORNEY GENERALS.
HUGH SWINTON LEGAR.É
The biographical notice of this eminent scholar, by his sister, would, if it were accessible to every one, supersede the necessity of any further remarks about him, except in refer- ence to his character as a lawyer. But as that accompanies his writings, and will be in the hands of few, I propose to give a brief sketch of his life and character, in connection with the Bar and Bench of South Carolina. In doing so, I shall avail myself not only of the biographical notice by his sister, but also of my own knowledge of Mr. Legaré. I knew him from his entrance in the College of South Carolina to his death, and mingled with him in the Legislature, and heard him often at the Bar of South Carolina.
He was born in the City of Charleston, on the 2d January, 1797. His parents were Solomon Legarć and Mary Swinton. In him were, therefore, blended two distinct races of people- the Huguenots on the part of his father, and the heroic Swin- tons, of the Scottish Border, on the part of his mother. Hugh seems to have been a well-formed and proper child, until his fourth year, when the small pox fell upon his joints, and dwarfed his limbs; leaving, however, his trunk and head in their proper proportions. This defect annoyed him much in life, and caused him to resort to various devices, to hide the defects of his person. He gave early evidence of the genius which his after-life displayed. From his mother, he caught that love of reading, which made him the scholar of after-life. To Mr. Ward, Dr. Gallagher, and Judge King, he was in- debted for the fine developments of his mind, in his acquire- ment of English and the classics, until about the close of his thirteenth year. He was then sent to Willington. It seems, in the beginning, there was mutual dislike between him and his teacher, Dr. Waddell; but before he left for the South Carolina College, this had vanished. He entered the sopho- more class, about commencement December, 1811, but did not, I presume, join his class until after the Christmas vaca-
35
1198428
ATTORNEY GENERALS.
tion, January, 1812. He was then fifteen years of age. I was then in the senior class, and recollect Hugh perfectly ; his under-size, and his fine attainments, attracted the attention of every one. Hejoined the Clariosophic Society, and soon be- came a regular speaker in the debates. It was very unusual for a sophomore to partake in the debates, and measure swords with the juniors and seniors. His course, at first, was re- garded as presumptuous; but as acquaintance ripened, and it was seen that his knowledge was beyond his years, he was not repulsed from the higher position which he was seeking.
He graduated, with the first distinction of his class, in December, 1814. I have no recollection of his valedictory speech; and, therefore, presume that I was not present. He was then not quite eighteen. He returned to his mother, in his native city, and pursued the study of the law under the . direction of Judge King, and was proposed for admission, when he attained full age. But he had formed a wish to visit Europe, and in May, 1818, he sailed for France, and spent near two years in France, Germany, and Edinburgh, Scot- land-very much to his advantage, both as a scholar and a speaker.
In the early part of 1820, he returned to Charleston, and set about the work of retrieving his mother's affairs, which had suffered much from the want of proper management. To this occupation, he united his final preparation for admis- sion to the Bar. He was admitted 12th January, 1821. In October, 1820, he was returned, from one of the parishes, a Member of the House of Representatives, and served two years-making very little public impression. In 1824, he was returned to the House of Representatives, from St. Philip's and St. Michael's, and continued, by successive elections, until 1830, when he became Attorney General. During this time, I had the opportunity of often hearing Mr. Legare. His speeches were, beyond all doubt, fine specimens of oratory; and yet they wanted that practical force and application, which other less finished speakers gave, and, therefore, he was never regarded as the greatest among the great men of the South Carolina Legislature.
36
ATTORNEY GENERALS.
During a part of this time, and until 1832, he was the prin- cipal writer of the Southern Review: his writings there, as elsewhere, are as finished and perfect as scholarship and genius could make them.
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.