Biographical sketches of the bench and bar of South Carolina, vol. II, Part 30

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 30


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In the "Calumet" is said, beautifully, justly said, " his chief praise is inurned in the hearts of the poor, the widow, and the afflicted. He was a Christian in word and in deed. He felt and practiced that "pure religion and undefiled before God and the Father is this, to visit the fatherless and widows in their affliction, and to keep himself unspotted from the world." He connected himself early in life with the Episcopal Church. At his death his wife survived him, and still survives him as his widow. He left six sons at his death, all of whom except two, are in their graves. His son, J. Grimké Drayton, (who assumed the surname of his maternal grandfather in obe- dience to his will,) has been, for years, Rector of St. Andrew's Parish, and is now the chosen Rector of St. Peter's, in Charles- ton, South Carolina. Dr. Theodore D. Grimké, his other son, resides in England.


[Charleston Courier, Friday, Oct. 24th, 1834.] DEATH OF THE HON. T. S. GRIMKÉ.


"Our community was yesterday filled with deep gloom and sorrow, by the melancholy and unlooked-for tidings of the


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decease of this excellent and truly distinguished man. We learn that the mournful event took place in the State of Ohio, whither he had gone, among other objects, to deliver a literary address; and that he fell a victim to a sudden and speedily fatal attack of Asiatic cholera. He was yet in the prime and vigor of his faculties, and full of the promise of long-continued usefulness to his country and his race, when thus struck down, at a distance from his home and his family, by the mysterious shaft of death. Although almost a stranger to public station, so well known was Mr. Grimké by means of his various literary and political performances, and his zeal and activity in the cause of religion, benevolence, and human improvement, that there were few men in the United States enjoying a more wide-spread reputation, and filling a larger and more honorable space in the public eye. He was both a politician and a statesman, after the order of Washington; in the one character, maintaining the political creed of the father of our republic, and in the other, emulating that illustrious model in a single-eyed and single-hearted devotion to his country. As a lawyer, he stood at the very head of his pro- fession. As an advocate, he was both able and eloquent, and in his practice he set an example of scrupulous fairness and courtesy well worthy of imitation. His habits of industry, and economy of time, were really wonderful, and enabled him to accomplish labors truly Herculean. His extensive legal practice-perhaps the most extensive in the city-was, of itself, almost sufficient to overtask his physical and moral energies; yet he was ever ready to contribute the oration, the address, the essay, in compliance with the public, social, lite- rary or religious call; and he displayed alike on every occa- sion a vigorous and cultivated intellect, enriched with the re- sults of extensive reading, profound thought and unwearied research. As a speaker, he was energetic and persuasive, dis- tinguished for an utterance wonderfully rapid, yet perfectly distinct; and even in extemporaneous harangues clothing his thoughts in language critically correct. Christianity found in him an advocate zealous and efficient. The Bible he valued above all works; whether in a literary or religious point of


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view; whether as containing the canons of saving faith and the rules of a righteous life, or as affording high enjoyment to a refined taste; and his pen, his tongue, and his purse, were freely dedicated to the promotion of Bible, Tract, Temperance, Missionary and Educational Societies, and every other rational and benevolent scheme for the diffusion of the Gospel, and the melioration of the human race. In all the concerns of life, public, professional, or private, he acted on the strictest principles of duty ; and his integrity and honesty of purpose were proverbial. His charities were of the most liberal and diffusive character; freely dispensed at home, and extending to other and far distant lands. He was emphatically a useful citizen and an eminent man, and his decease is a heavy loss to our city, our State, and our country. Having now prematurely closed an honorable career on earth, to enjoy, we trust, the re- ward of a well-spent life, in another and a better world. He will long live in the memories of those who knew him as having been one of the best men in our community, one of the purest patriots of our country, and one of the most genu- ine philanthropists in the world."


[Charleston Mercury, Friday, October 24th, 1834.] DEATH OF MR. GRIMKÉ.


"We yesterday received the afflicting intelligence of the death of the Hon. Thomas S. Grimké, of cholera, at Colum- bus, Ohio. Mr. Grimké's eminence in his profession, and his distinguished virtues, private and public, make this painful event a heavy blow to our community; and his loss is felt with deep and unaffected sorrow by all parties and all classes in our bereaved city."


TRIBUTE OF RESPECT FROM THE BAR.


[From the Southern Patriot, Charleston, Oct. 27, 1834.]


Pursuant to public notice, a numerous meeting of the mem- bers of the Bar was held on Saturday, at 1 o'clock, P. M., in


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the Federal Court Room. His Honor Judge Lee was called to the Chair, and W. P. Finley requested to act as Secretary.


The meeting was opened by an address from the Chair- man, in which he announced, in a very feeling and impres- sive manner, the mournful object for which it was convencd, and alluded in terms not more glowing than just, to the pure and exalted character which the deceased had sustained in all the relations of life.


The Attorney General, R. Barnwell Rhett, Esq., then rose, and, after a few appropriate remarks, submitted the following preamble and resolutions, which, being seconded by Charles Fraser, Esq., were unanimously adopted by the meeting :


It is the natural impulse of sympathy, upon even ordinary occasions, that those who suffer a common loss, should seek consolation under their bereavement, by commingling their regrets ; but when such a man as Thomas Smith Grimké is suddenly taken from the society in which he was so distin- guished an ornament and support, duty as well as sympathy call upon us to express our profound sense of the loss we have sustained.


The deceased, indeed, was no ordinary man, either in his intellectual or moral endowments. The energy-the aston- ishing energy-with which he pursued the objects of life, was at once the indication of superior powers, and the cause of his great success. He appeared continually to watch the dial- plate of time, that no hour of his existence should be fruitless of improvement or usefulness ; and as his life advanced to its close, instead of remitting his habits of toil, his spirit seemed to burn with intenser activity. Hence his wonderful acquire- ments in every department of knowledge, whilst he found time to obey every call of religious, social, or domestic duty. As a lawyer, he had long stood at the head of our profession. It was here, that his vast memory, stored with the rich fruits of his industry, gathered from every side as he passed through life, was more peculiarly exemplified. His legal knowledge was accurate and profound, comprehending the minutest de- tails and the broadest principles. So fertile and original were the resources of his mind, that if he had any fault as an advo-


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cate, it was in advancing too many arguments to support his positions. He may thus, sometimes have dazzled a weaker vision by the profusion of light he threw upon his subject; but he never lost a cause from superficial examination or shallow views. In a country, peculiarly a country of laws, he possessed a high sense of the importance and dignity of that profession through which the laws are administered ; and endeavored to wield his knowledge and power to the great purpose for which they were created-the maintenance and advancement of justice. Hence, at the Bar, and in public estimation, he long stood, and justly stood, pre-eminent among us.


It has been remarked in England, that lawyers have seldom proved able statesmen. The technical nature of the profession in that country, especially in the branch of special pleading, by habitually contracting the views to "precedent on the file," may probably account for the fact, if this observation is cor- rect. But under our system of government and laws, judging from the results, it must be erroneous. The profession of law, at least upon the mind of the deceased, appeared not to have affected its broad and philosophical cast. As a states- man, his views were comprehensive, his knowledge extensive and accurate, and his motives above suspicion or imputation. A purer and more devoted spirit never spoke or felt for the interests of his country. Although living in times of bitter party contention, and differing from many of us upon all the leading subjects of politics, none of us-no man in our com- munity, we sincerely believe-ever entertained a doubt of his simple integrity and disinterestedness in the opinions he pro- fessed ; or beheld with other feelings than those of admira- tion, the boldness with which they were avowed and main- tained. His patriotism, in truth, was a part of his piety. Its essential aim was the approbation of God. Towards men, it was an impulse of duty ; but it looked beyond the applause and honor of the world, from a deep sense of his accounta- bility for the rectitude of his motives and conduct towards his country.


Nor was the information of the deceased, profound and ex-


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tensive as it was, confined to the great subject of government and the laws. He was essentially a literary man. At every pause from the labors of his profession, he turned with avidity to the innocent and enchanting pursuits of literature, com- muning with the mighty dead, still living in the imperishable thoughts they had left behind them. In a country like ours, where capital is not yet accumulated, and, to live, is neces- sarily the chief object of life, to be a literary man is itself a distinction. But his aim was far beyond that proficiency in literature which might adorn an accomplished gentleman. He pushed his researches into the wide fields of ancient and modern lore, and became acquainted with all, and familiar with most of their branches. His published productions evince the accuracy and the extent of his erudition ; but it was in the social circle that the affluence of his acquisi- tions was more amply recognized and more justly appreciated. Here, with a prodigal hand, he scattered the flowers he had gathered from every field ; and while he delighted, he amazed his associates, by their wonderful variety. But it was chiefly at the Bar that we knew his attainments and felt his virtues. There are few of us who have not drank from the full foun- tain of his legal acquirements, and learned, from the very generosity with which he imparted his information, the effect of knowledge in liberalizing the heart. Plain, yet dignified- patient and affectionate, yet immovable in firmness-offending none, and courteous to all, amidst the contentions and harass- ments of our difficult profession, he exhibited in his demeanor at the Bar, the rare but bright example of what a Christian advocate ought to be. The poor and the friendless, the orphan and the widow, never sought his professional assistance in vain ; and it was, when pleading for them, looking upward alone for his reward, that his powers often soared highest, and his eloquence was most touching and effective.


That trait in his character, however, which the deceased most valued, and which he was most truly solicitous to per- fect, was his piety. On religion he had built the whole struc- ture of his moral character. To be worthy of his profession as a Christian, was the chief object of his existence. In early youth he had assumed the garb of piety, and continued stead-


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fastly through life one of the brightest props and ornaments of Christianity in our land, exemplifying in his life and con- versation all its ennobling principles. From being, according to his own representation, violent in temper, he became the calmest and mildest of men. He bereft himself of all those selfish principles to which we are so prone by nature, and devoted his life to God and the welfare of others; until, at length, to consider himself least, became the ordinary habit of his thoughts and conduct. To do good, indeed, to him seemed the bread of life. His charities were ever for the necessitous, and his tender sympathies for the afflicted and bruised in spirit, and even the wayfaring man, and the stranger with no claim upon him but the impress of humanity, would seek relief in his wide benevolence, and have his claim allowed.


Had he been otherwise than he was, the prayers and blessings of the poor whom he relieved, the applause of the good, and the admiration of the world, might have elevated him with pride and vanity ; but his humility increased with his distinction and elevation ; and he closed life as he com- menced it, walking humbly with his God. In his character were combined the simplicity of the child with the moral courage of the martyr.


Shall we lift the veil of private life, and disclose the affec- tionate son, the devoted husband, the tender father, the faith- ful friend, the kind and patient master, moving in the light of his noble but simple virtues, and shedding joy and peace and happiness on all around him? The memory of his vir- tues, in these tender relations, belong peculiarly to the keeping of others ; and there should we leave thein, sacred from our eulogies, enshrined in the hallowed sanctuary of private affec- tion. The days of his pilgrimage are done, and he has en- tered into his rest. His mild face will no longer be seen amongst us, but the monuments of his public usefulness and benevo- lence are still with us, and the memory of his virtues will still dwell within our hearts. None of us may expect to equal, but all of us may grow better and wiser by recollect- ing the great and holy man who once lived and moved amongst us.


Resolved, That in the death of Thomas Smith Grimké, the


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poor and destitute have lost a friend-society a useful mem- ber-the Bar a distinguished ornament-Christianity a zeal- ous advocate and supporter-and our country at large a learned, able and patriotic citizen.


Resolved, therefore, That the members of the Charleston Bar, in testimony of their profound sense of his virtues, and their deep regret at his decease, do wear mourning for the space of thirty days.


On motion of Joshua W. Toomer, Esq., seconded by M. King, Esq., it was


Resolved, That the above preamble and resolutions be published in all the papers of the city, and that a copy thereof, attested by the Chairman and Secretary of the meet- ing, be transmitted to the family of the deceased.


On motion of H. A. Desaussure, Esq., the meeting was then adjourned.


W. PERONNEAU FINLEY,


Secretary.


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PATRICK NOBLE.


Patrick Noble was born in the year 1787, in Abbeville District, South Carolina.


He was a scholar at Willington, under the justly celebrated teacher, Dr. Waddell. He entered Princeton College, New Jersey, in the fall or winter of 1804, and graduated in 1806. He studied law with John C. Calhoun, and was admitted to the Bar in 1809, when he settled in Abbeville, and practiced with John C. Calhoun, as his partner, until the election of the latter to Congress, in 1810.


He was married in September, 1816, to Elizabeth Bonneau Pickens, daughter of Ezekiel Pickens, and grand-daughter of Gen. Andrew Pickens.


He was elected a Member of the House of Representatives in the General Assembly of the State of South Carolina, in 1814, and was successively elected until 1824, when he de- clined being a candidate, in order to run against Joseph Black for the Senate, in which election he was defeated. In 1818 he was elected Speaker of the House of Representatives, and was continued as such by successive elections until he ceased to be a Member. As the author, in 1824, succeeded him in the Speaker's chair, it is right and proper that he should speak of the manner in which his predecessor discharged his duties. He transacted business with dispatch and ease; he had a perfect knowledge of Parliamentary rules, presiding with great dignity and with perfect good humor. He was impartial and just in his decisions, and firm in the preserva- tion of decorum and order.


After a voluntary retirement from public life of several years, he was returned to the House of Representatives in 1832, and in 1833 was elected Speaker in the place of Henry Laurens Pinckney, of Charleston, who had been elected to Congress. In 1836 he was elected Senator from Abbeville, and, on the organization of the Senate in that year, he was


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elected President, in the place of the Hon. Henry Deas, who had declined to serve longer as a Senator. He remained in the Chair of the Senate until his election in December, 1838, to the office of Governor. He died 7th of April, 1840, before his term of office expired ; his excellent wife died some years be- fore him, leaving five sons and two daughters.


The preceding statement of the offices which he held is evidence of the high appreciation of Gov. Noble by the peo- ple. He was not an imposing, but a good man. His high moral character was exhibited and sustained in all his public offices. He was not a striking public speaker; but he spoke with ease and uniform good sense. His manner was fash- ioned after the strictest modes taught by the teachers of his time when at school.


He was a good lawyer, and if he had not abandoned the Legislature in 1824, it is very likely he would have been placed upon the Bench. As it was, his younger friends took precedence.


Chancellor Alexander Bowie, gives the following amusing account of a foot race, in which Mr. Noble and others were concerned :


While Mr. Calhoun was a practicing lawyer, at Abbeville, there was a number of young men, students of law, in the offices of Calhoun & Noble, B. C. Yancey and George Bowie, viz: Nathaniel Alcock Ware and Robert Cunningham in the first, Charles Yancey and Tyler Whitfield in the second, and the late Chief Justice Lipscombe, of Alabama, and myself in the last. In the summer evenings we were accustomed to assemble in Mr. Calhoun's piazza for conversation, Mr. Cal- houn and Mr. Yancey leading the conversation, of course. To the young men, these were rare occasions for improvement. The street in front of us presented an inviting spot for a foot race, being smooth and level.


On a certain evening, (I don't know from whom the sug- gestion came,) it was agreed we should pair off, and have a succession of foot races. All were then for the sport. Yancey was pitted against Calhoun, Ware against Noble, Lipscombe against Whitfield, and Charles Yancey against myself.


None of us doubted that Mr. Yancey, being more accus-


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tomed to athletic exercises than Mr. Calhoun, would distance him in the race. To our surprise it resulted differently : Mr. Calhoun came out ahead. I do not remember how the race resulted between Whitfield and Lipscombe; but I well re- member that I was beaten by Charles Yancey. The most amusing contest of the evening was that between Ware and Noble. Both were exceedingly clumsy; each did his very best; there was much grunting and puffing; their progress was so slow that there was a general burst of laughter when they came out " an incontestible tie."


His friend, Gov. McDuffie, inscribed upon his tomb the fol- lowing just description of his character: "As a public man, he was distinguished by moderation, resulting from a mild and even temperament ; and by firmness of purpose proceeding from a high sense of duty, and a sound judgment, drawing its conclusions from careful and dispassionate examination. In all the relations of private life he was singularly exemplary, and in public and private, such was the unblemished purity of his character, that both friends and opponents would con- cur in inscribing on his tomb, ' Here lie the bones of an honest man.' "


One of his distinguished cotemporaries, Chancellor Bowie, of Alabama says: "His mind was rather more practical than brilliant. He had little imagination, but a retentive memory. He was a well-read lawyer, and, without brilliant parts, he was a safe counsellor. He was one of the most amiable men I have ever known. There was no unkindness in his nature. He was a pleasant and interesting companion. With a strong perception of the ludicrous, he described with much zest and accuracy of detail such incidents and scenes as were of that character. In his life he was one of the most uniform men I have ever known. What he was one day you were sure to find him on the next. I never saw him out of humor, and he was my intimate friend and associate from our boyhood to near the close of his life. With the people he was always popular, and the steadiness and uniformity of his principles and character made that popularity fixed and durable. His moral character was without a blot."


These descriptions of his character and virtues by such men


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as Governor McDuffie and Chancellor Bowie, supersede any additional remarks from the author, unless it be to say, that with a knowledge of him for thirty years, he fully subscribes to all which they have said.


He had a fine engaging person, and was about five feet ten inches high, perfectly straight, hair dark, his eyes blue, his teeth perfectly white, and his countenance kind and benevolent.


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HENRY DANA WARD.


The gentleman whose name is above, was once a lawyer of reputation in this State. He practiced for years, with great success, at Orangeburg, and married a lady of wealth in that district.


He afterwards removed to Columbia, and lived in the house lately purchased by John Waties, Esq., at the north-west corner from the Episcopal Church. I recollect seeing him fre- quently-a tall, fine-looking, gray-haired, and dignified gen- tleman. He was a trustee of the college when I graduated in 1812, and at the quadrennial election of 1813, he was elected by the Legislature for four years.


He, as a trustee, superintended, in 1815, the planting of the beautiful elms, which are now so much an ornament to the College Campus. He was a native of Shrewsberry, Massa- chusetts, and from the inscription on his tombstone, erected to his memory, in Pottersfield, Columbia, I learn that " he died of typhus fever, while on a visit to his friends in Middletown, Connecticut, on the 23d of August, 1817." Alongside of his tomb repose the remains of his second wife, and two of his children.


His son and only child who survived him, was, I think, a child of his first wife, who was a northern lady. Not long after his father's death he removed to one of the north-eastern States.


Mr. Ward was a man of education; and if the old Latin adage be true, " nosciter societas," then Mr. Ward was a high- minded, gentlemanly, upright man. For I know he was in the society of such men as Judge Nott, Chancellor DeSaus- sure, Mr. Hooker, Col. Chappell, Mr. Stark, and Mr. Maxcy.


But it is mournful to think, that before half a century has come and gone, his memory, beyond the record of Potters- field, and the recollection of one who merely remembered him by having seen him in Columbia, has entirely perished in the city where he last lived.


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ROBERT CUNINGHAM.


The name above is less known as a lawyer, than as an officer of the war of 1812, and a successful agriculturist after- wards. He was descended from Patrick Cuningham, the brother of General Robert Cuningham, of the British Army, and cousin of John Cuningham, who, after the Revolution, lived and died in Charleston, a successful merchant, and who there realized a large fortune. The brothers were Loyalists. Robert was the eldest, and took an active part in the Revolu- tion. Patrick, the second brother, took part in the attempt to rescue his brother, who was seized and sent to Charleston in the first outbreak of the Revolution; in the seizure of the powder about the 1st of November, 1775, sent by the Com- mittee of Safety for the Cherokees, the siege of Ninety-Six, the snow camps, and the final dispersion of the Loyalists, in arms, at the Cane Brake, on Reedy River, on the 22d Decem- ber, 1775. This closed his military services. He, after the British captured Charleston, resided in the city. When the British forces evacuated Charleston, he and his brother, Robert, applied for leave to remain, which was refused. He then went to Florida, where he employed his slaves in cut- ting live oak timber until January, 1785, when he returned, and, on the 13th of March, he presented his petition to the Governor, which was backed by all the influential men and his neighbors of the upper country, for leave to remain in South Carolina. His sentence of banishment and the confis- cation of his estate were rescinded and repealed on his pay- ment of twelve per cent. on the value of his estate, and being deprived of the rights of citizenship, such as voting and hold- ing office, for seven years. These hard terms he accepted, paid the amercement, and submitted to the disqualification. Tradition is, he swore that he would not vote for seven years after his disqualification expired. This was in 1785. In 1790, our present Constitution was adopted by a Convention




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