USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. II > Part 41
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more than twenty-five years ; formed his acquaintance when he was a young man, young in years, young in his profes- sion; wedded but a few short years before to a young but cultivated wife. Two " little ones," the fruits of his youthful marriage, then enlivened his domestic circle, and stimulated his energies to extensive usefulness and future greatness. I first met him at church, where I continued to meet him con- stantly to the day of his death.
As an intellectual man, Major Henry ranked foremost in his district, and among the first in the State. He was a close- thinker, a forcible reasoner, and remarkable for the ingenuity and dexterity with which he managed his subject. He pos- sessed a supple ready mind. I should think he might have been justly styled a genius. With his splendid imagination, and his sparkling witicisms, he never failed to interest his auditory in his public addresses, and to delight his friends in the social circle.
Major Henry's political career was brilliant at times, but always stormy, and attended oftentimes with very unpleasant annoyances to him. He commenced public political life in the exciting days of Nullification, took a prominent stand on the Union side of the question, and confronted his opponents everywhere successfully, but amidst a shower of personal abuse. Being a native of the New England States, he was everywhere, by his bitter political enemies, denounced as a " Yankee" often to his face. This to one of his refined and sensitive feelings was a source of constant irritation, and led to hostility and bitterness between himself and certain leading men of the opposite party, which time could never wholly erase. The Smiths and himself were never reconciled. They could never stand before him in argument and fair dis- cussion, and consequently took revenge in denouncing him as a Yankee.
These political differences, springing up from time to time, contributed much to embitter his feelings, and, doubtless, laid the foundation of habits of intemperance, so much deplored by his friends, in the after part of his life. Although the people were always on his side, and sustained him often with
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heavy majorities, and once elected him at the head of the ticket without his announcing himself a candidate, and with- out his knowledge of such intention till a day or two before the election came off. Still it would have been better for him if, like his friend, Mr. Bobo, he had never known politics. Had he confined himself to the cultivation of his literary taste, and to his profession, he would have proved himself a better and a greater man.
His services in the Legislature were valuable, and his career a brilliant one. I might rehearse some incidents in his political life, but they were generally of an unpleasant nature, and would involve names that prudence would sup- press.
In the year 1839, during a protracted meeting of fourteen days' continuance, Major Henry professed religion, and united with the Methodist Church, declaring that he yielded to the preference of his wife, who, at the same time, connected her- self with this church. He continued steadfast as a Christian, and remained a Methodist for some years; during which time he read the Scriptures, and theological works, extensively; expressing to his friends, privately, his growing dislike to the government of the Methodist Church. This led to a coolness between him and its members; and finally ended in his with- drawal from the church.
After this period, which was but a few years, not exceeding three or four, I suppose, before his death, the habit of which we have spoken, seemed to grow on him; and his friends became anxious for his safety; still, all the time, he professed to be a religious man, and to live under religious restraints. A disease of the bronchial organs, which had seated itself in the mean time, (which may have been aggravated, too, by the habits of which we have spoken,) continued to grow and afflict him more and more, till the close of the session of the Legislature, I think, in 1851 or '2; he returned home from this session but to spend a few brief days in the midst of his family. His disease spread rapidly; and soon his friends were summoned to his bed-side to witness his sufferings and his manly battle with the monster, death. His servant came
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to me with a note from Mrs. Henry, stating that her husband desired to see me at my earliest convenience; residing some miles in the country, I reached his house late the same night, and inquired for his health and wishes; it was clearly to be seen that he was on his death-bed. He said, that he had sent for me-that our friendship extended back for many years- that he had made me his confidant-that he was dying- could never rise again-that he had a request to make of me. That was: that I should say to his friends, and all that might wish to know, that I had seen him in the dying hour, and that he departed this life in the faith of the Son of God. Said he, be kind enough to mention this from the pulpit: that you saw Major Henry die in the faith of the Son of God. This I determined not to do, unless I should be able, from subse- quent conversations with him, to satisfy my own mind, that he had an intelligent understanding of his condition. I im- mediately inquired of him as to his enemies; his feelings toward them, and his contrition for his sins, his love to Christ, &c .; and found him, as I think, to be a true penitent at the foot of the Cross; forgiving all his enemies, and expressing his deep regret and sorrow for his sins, and firm confidence of his acceptance through the blood of Christ. I have complied often with his dying request, both in the pulpit and to his many inquiring friends.
Major Henry was a true friend to his friends; bitter to his enemies, but never wantonly provoked enmity; was a gen- tleman, in a strict sense of the word; would have had but few occasions for strife or enmity, if others had been in this respect like himself.
Spartanburg District owes much to Major Henry, for its present high state of prosperity in manufactories and educa- tion. He was an early and able advocate for both; and fur- nished much valuable information to those engaged in the making of iron and nails, and to the various establishments for making cotton yarn and cloth. He contributed from the first, and to the end of his life, his whole influence to the support and upbuilding of the Limestone Springs High 34
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School. Two of his daughters graduated in this school with the first distinction.
He died, leaving a comfortable living to his wife and six children, which he acquired by an assiduous application to his profession. A few brief years have laid by his side, in death, his faithful wife and four of their children; two only survive them-Freelove and Patrick, a lovely daughter and son.
He began life poor; procured a good English, and limited classical education, near Cross-Aukre, Spartanburg District South Carolina.
Major Henry came to the South when a boy, was an orphan; his mother, a widow and a member of the Baptist Church, died before he left the North; was a self-made man; sought and carved out his fortune in a strange land, without any means, save those furnished by the Great Father of the fatherless, and those which his own energy and industry brought to his aid."
(The foregoing, beginning with "Major Henry was a great lover of books," is from the pen of the Rev. John G. Landrum, of Spartanburg District, South Carolina, his intimate friend and confidant.)
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WILLIAM CAMPBELL PRESTON.
Owing to the circumstance that his father was in attendance as a Member of the Congress of 1794, Wm. Campbell Preston . was born in the City of Philadelphia, on the 27th of Decem- ber of that year.
" His paternal grandfather was the Lieutenant-Colonel Commanding in Augusta County, Virginia, during the Revo- lution, and afterwards of the militia from the Blue Ridge to the Ohio River. His mother was the only child of Colonel Campbell, of King's Mountain celebrity ; her mother was the sister of Patrick Henry."
This is a statement of a noble ancestry, and from it we should expect heroic bearing and unrivalled eloquence. The® expectation is fully verified in the youth, manhood and old age of the subject of this sketch. His early education seems to have been under very competent teachers.
It seems that his matriculation in the South Carolina Col- lege was purely accidental. Owing to anticipations of dis- eased lungs, he was started with a trusty servant to Florida. Reaching Columbia, he was induced, by the persuasion of young men with whom he then became acquainted, and with the consent of his attendant, to enter that institution. Accord- ingly, on the 25th of September, 1809, then in his fifteenth year, he entered the Sophomore Class. In February, 1811, I enter- ed the Junior Class, of which Colonel Preston was a member, and our acquaintance, then commenced, has ever since con- tinued.
Colonel Preston was then remarkable for his powers as an extemporaneous speaker. I have heard him in college, at the Bar, in the State Legislature, and on many other occasions during his public life, and I confess, as to mere oratory, I think he was, in college boyhood, as perfect a speaker as he was in after life. He afterwards acquired more knowledge, more powers of argumentation, but he never exceeded himself
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in his youthful displays of eloquent declamation. He was an orator by nature; the subsequent additions of art did not add to his brilliancy ; they often marred his otherwise match- less declamation.
He graduated in December, 1812, and received the third distinction of his class, in company with Whitfield Brooks, James R. Massey and Arthur H. O'Hara.
In the spring of 1813, he entered the office of William Wirt, of Richmond, as a student at law. His father, at the approach of summer, dispatched him, on horse-back, to the "far West." He made, in a tour of seven months, four thousand miles through Tennessee, Kentucky, Ohio, Indiana, Illinois and Missouri, and thus acquired physical strength, and stored his mind with incidents and imagery, useful in after-life.
After the close of the war of 1812, probably about 1817, Colonel Preston visited Europe to complete his education. In the course of his sojourn there, he met his college acquaint- ance, Hugh S. Legaré, of South Carolina, and made the acqaintance of many other eminent men. He stored his mind with knowledge, both by observation of all which was remarkable in the Old World, and also by the books and the literary men of that day.
He returned to the United States in 1819, and was soon afterwards married, in Missouri, to that beautiful and excellent lady, Miss Maria Coalter, to whom he had become attached while in College. He was admitted to the Bar in Virginia in 1820 ; but he and his wife, both preferring Columbia, South Carolina, as a residence, he removed to that city in 1822, and was in that year admitted to the Bar in Columbia. In the fall of that year he was elected a Trustee of the South Carolina College. In 1829 and in 1843, he was also elected. In 1851, after he ceased to be president, he was elected a Member of the Board of Trustees. He was, in 1853, re-elect- ed by the Legislature. In 1857 he declined an election, and thus dissolved liis connection with the College.
In 1822, he became the partner of D. J. McCord. Esq., then the Law Reporter of South Carolina, and who had con-
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siderable practice. This introduced him at once to the notice and knowledge of the people; and, when once heard, he needed no helping-hand to carry him forward.
His speech in the Senate, in the case of the contested election of Crafts by General Geddes, I do not remember.
In 1823, Harper and Preston were heard before the House of Representatives against the unfavorable report of the Com- mittee on Claims on the petition of Asa Delozier. His speech, although producing no result in favor of the claim, was remarkable for its eloquence and argument.
In January, 1828, he defended Judge James before the Senate on the articles of impeachment voted against him by the House of Representatives. His speech was a great effort to save the poor old man ; but truth and justice were mightier than eloquence or pity. The Judge was convicted and removed from office. Mr. Preston wrote the beautiful address of Judge James when called to the Bar of the Senate for sentence. It will be found in the sketch of Judge James. It is a perfect gem, radiant with eloquence, and full of claims for sympathy in behalf of the venerable sufferer.
For over forty years I have been in the Courts of Appeal as a lawyer or a Judge. I have heard all the great advocates of South Carolina, and I am sure I have heard as fine legal arguments from Colonel Preston as from any other. His argument in Myers vs. Myers, 2d McC. C. R., 219, will serve as a specimen, which can be consulted. His argument for McLemore, 2d Hill, 680, is not reported, except by the cita- tion of his authorities. They will show his research ; but his speech was unrivalled in argument and eloquence.
His circuit speeches, especially in criminal cases, were unsurpassed. His defence of Fleming, for the murder of Barkley, Sheriff, of Fairfield,both in tact, ability, and eloquence, deserves all praise. He selected, contrary to all that was or is usual, the most intelligent men on the panel for his jury. It was a plain case of murder ; yet, notwithstanding, a capi- tal argument by Solicitor Player, and the weight of my autho- rity as the presiding Judge, he obtained a verdict of man- slaughter. In 1829, he was elected to the House of Repre-
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sentatives of the State. In 1829, he lost his excellent wife, who left an only child, a daughter.
In 1830 and 1832, he was returned to the House of Repre- sentatives. In 1830 or 1831, he fortunately replaced the wife of his youth by the amiable, beautiful, well-informed and accomplished lady, Miss Penelope Davis, the second daughter of Dr. James Davis, of Columbia.
In 1836, he was elected to the Senate of the United States, where he further distinguished himself as an orator and states- man. Differing from the State, as to her support of Mr. Van Buren's policy as President of the United States, he resigned his place as Senator in Congress in 1839 or 1840, and returned to the Bar.
Shortly afterwards he lost his only child, Miss Sally Pres- ton, a beautiful and accomplished girl, just budding into womanhood. This was a crushing blow to my old friend and class-mate. I sympathized with him deeply, and our difference in political views was thereby completely blotted out. In 1845, I nominated him for the Presidency of his Alma Mater, the South Carolina. College, and had the pleasure to see him elected with great unanimity.
He entered upon the duties of his office in January, 1846, with great eclat and universal confidence. The College sprang forward from its lethargy ; its walls were crowded with stu- dents. The president was known to be an extraordinary man. All who could receive the benefit of his instruction were eager to do so. Many a young man, as in the days of Dr. Maxcy, caught the enthusiasm of their gifted instruc- tor. Eloquence was no longer regarded as not worthy of note or pursuit. The young learned to speak from the daily example of the first of orators. That he was able and capa- ble to teach clearly and satisfactorily the subjects committed to his chair, is fully shown in Dr. Laborde's History of the college.
His failing health compelled him to resign, which he did in November, 1851. Never was a resignation received with more regret by the Board of Trustees.
Soon after he lost his admirable wife. It seemed as if
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he, too, must cease to be numbered among the sons of men. But God in his mercy spared him, and gave him a portion of health, which still enables him to do good.
He established the Columbia Athenæum, and made a dona- tion of his library of about three thousand volumes.
This admirable institution, of which he is the head as President, is calculated to afford information by lectures and by the opportunity of consulting its library.
Thus this benevolent and great man, as a closing benefit to Columbia, opened to her people the rich resources of know- ledge.
It is their duty to honor his name and reverence his person while he yet lives, and to make his evening happy as his morning and mid-day were glorious.
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EDWARD S. COURTENAY.
The subject of this brief notice was born at Charleston, South Carolina, July 11th, 1795 ; admitted to the Law Bar, May 14th, 1823 ; to the Equity Bar, November 23d, 1825; and died at the residence of his son, in Charleston, October 5th, 1857. He was of Protestant Irish descent, from a family of consideration and respectability in the North of Ireland.
His father, Edward Courtenay, was the son of Edward Courtenay, Esq., of Newry, County Armagh, Province of Ulster, who intermarried with Miss Carlisle, of the same place. They were the parents of a large family, two of whom, Ed- ward and John, came to America in 1789.
Edward settled in Charleston, where, in 1793, he married Miss Lydia Smith, of Newburyport, Massachusetts. He died at Savannah, August 4th, 1807, while on a visit to that place, in the thirty-fourth year of his age, leaving a widow and six children, the eldest of whom, Edward Smith, had just com- pleted his twelfth year.
They were left in narrow circumstances, at a period of our history, when the opportunity for acquiring education, except to the wealthy, was far more restricted than at present. We find, however, that the eldest son had, at the age of nineteen years, so successfully struggled with the pressure of adversity, that he was elected to the mastership of one of the public schools of the city-a position which he continued to hold with great credit to himself and usefulness to the public, until he was admitted to the Bar in 1823.
As a teacher many still remember him with gratitude, who, in their own persons, bear testimony to his fidelity and suc- cess, in that honorable and responsible vocation.
He had previously, in 1821, intermarried with Miss Eliza- beth S. Wade, a native of New York, who, with four sons, still survive him.
While his livelihood was thus secured by his labors as a
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teacher, his own education was not neglected ; his prepara- tion for the Bar was prosecuted under the direction of B. F. Pepoon, Esq., and accomplished in the twenty-eighth year of his age.
Immediately on his admission to the Bar, he entered upon the practice of his profession, but continued to devote several hours each day to teaching in Mccullough's then flourishing grammar school.
Mr. Courtenay continued at the Bar about ten years, and with every prospect of a successful career, during the first seven years of his devotion to it. He was commissioned and acted as one of the Magistracy in Charleston, under the old system, and his professional labors were mostly devoted to magisterial duties, to office, business, and to practice in the criminal courts. If we may judge of him as an advocate in the defence of criminal causes, by his forensic efforts outside the profession, which are alone preserved to us, the traditions of his success are well sustained.
About 1827, commenced the great political contest in South Carolina, which culminated in 1832 and 1833, and which, for earnestness and intensity, has never since the Revolution been exceeded in this country. Mr. Courtenay's warm and earnest temperament did not permit him to remain neutral. Indeed, neutrality, where there was intelligence, or position, or spirit, was unknown. There was no neutrality. Every man took his stand on one side or the other. Mr. Courtenay's natural position seemed to be with the Union party, and there he found himself-though others, whose political faith had previously been entirely in harmony with his own, identified themselves with the dominant party in favor of the Nullifi- cation doctrine.
This contest, and the great public depression and changes it was working, seems to have called back Mr. Courtenay's attention to his early and happier pursuits. He again became a teacher, and for a time with great success, at the head of a large and flourishing private school. But it was not a time when the school-room, any more than the forum, could shut out political influences ; and the necessity of a fixed and cer-
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tain income to provide for the education of a rising family, at length induced him to accept an office under the Federal Government, in the Custom-House, which he held till within a short time of his death, when a stroke of paralysis confined him to his chamber.
In political faith, Mr. Courtenay was a Federalist of the truest stamp. He never for a moment swerved from his faith or its avowal, no matter what the consequence, or what others might think. From 1807, when he was a boy of twelve years, to 1815, was just the period when political discussion would make its enduring impression upon an ingenuous and youth- ful mind. It was, too, the most remarkable juncture in the history of our own country since the Revolution-the times of the Embargo and of the War of 1812 ; in the history of the Old World, it was the period of the zenith and the fall of the French Empire-of the great and wonderful genius, its founder.
The great men who had made for themselves great names in the American Revolution, adhered in those days mostly to the Federalist side. It is not to be wondered at, that a youth like young Courtenay, impulsive, and full of glowing senti- ment, should not only adopt the doctrines of such men, but should also embalm them and their teachings in his memory, with all the idolatry of a first love.
But among the men of that day, no one seems more to have fixed his admiration, than William Crafts, Jr. Mr. Crafts was his senior by about ten years. They were members of the same profession, and of the same political faith and party. Upon the occasion of his death, in 1826, Mr. Courtenay was selected to speak his eulogy. The manner in which he per- formed this labor of love, is on record. It is almost the only, if not the only evidence of his style as a forensic speaker, which has been preserved, and it is well worthy of preservation. If the space were allowable, we would insert it entire, for the sake of the memories of Mr. Courtenay, whom we knew and loved, and of Mr. Crafts, whom we did not know, but of whom tradi- tion has impressed the generation that succeeded him with a wonderful love and admiration. We venture upon an extract,
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which at this time is especially attractive, in consequence of the great good that has lately been accomplished by the zeal and devotion of a few men, to the very cause in which the orator portrays his friend as a laborer and pioneer.
" Notwithstanding," says the eulogist, "the unpopularity of his political opinions, he was several times elected to a seat in the General Assembly of his native State. In this situation he rendered important services to his constituents. He was early distinguished for his love of letters, and omitted no op- portunity of disseminating a love of learning among the people. He felt, to use his own language, that ' knowledge was the life's blood of republics and free governments.' That the eagle was the bird of light as well as of liberty. In the Legislature, he always advocated every measure which had for its object the encouragement of scientific and literary in- stitutions. At a period when a short-sighted policy, aided by a parsimonious spirit, would have abolished the free-school system of the State, and left the children of the poor to all those innumerable miseries and crimes, which are the almost certain consequences of ignorance, Mr. Crafts undertook the defence, and in a speech replete with eloquence and good sense, depicted in glowing terms the blessings of knowledge to a State, and the curses entailed upon it by the ignorance of its citizens. He was successful : humanity and good sense triumphed over a narrow-minded policy, which would have weighed the true wealth of the State-the intellect and moral character of the rising generation-with the gold and silver which fill its coffers.
His friends might rest his character for usefulness as a legis- lator on this one fact; for if, in ancient days, he who saved the life of a single citizen, was deemed worthy of the civic wreath, to what is he not entitled, who, by his eloquence and zeal, preserved to thousands that means of moral life, without which man is little better than the brute on which he ban- quets; the prey of appetites and passions that degrade him in the scale of creation, which unfit him for usefulness, and make him a burden to himself, and, too often, a curse to the State. If gratitude be not an imaginary virtue, while the free
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