James L. Petigru
Encyclopedia
James Louis Petigru was a lawyer, politician, and jurist in South Carolina
. He is best known for his service as the state's Attorney General
, his juridical work that played a key role in the recodification of the state's law code, and his opposition to nullification
and, in 1860, state secession.
in 1809. He was admitted to the South Carolina bar in 1812. In 1816, he was elected as the solicitor of Abbeville County, South Carolina
. He became the Attorney General of South Carolina in 1822. In 1830, after having lost a bid for a seat in the South Carolina Senate
, he was elected to fill a vacant seat in the South Carolina House of Representatives
. He was the leader of the anti-nullificationists in that body, and acted as lead attorney in the case of M'Cready v. Hunt, focusing on test oaths and States Rights, which was brought before the South Carolina Court of Appeals in 1834. The case involved a "test oath" passed by the South Carolina legislature in November 1832, requiring members of the state milia to pledge "faithful and true allegiance" to the State of South Carolina. The law was vague on the underlying and contentious issue of sovereignty, and did not specifically state whether allegiance to the state was superior to allegiance to the federal government. However, dispute over the oath immediately erupted. The "Nullifier" faction asserted that allegiance to the state had precedence over allegiance to the federal government, while "Unionists" asserted that the federal government had primacy over all states.
Eventually, a legal case on the validity of the test oath reached the state Court of Appeals in Columbia. Attorney Robert Barnwell Rhett, of Beaufort, argued for the test oath with the support of state Governor Robert Y. Hayne
. In opposition, the Unionist Petigru was joined by business attorney Abram Blanding of Columbia, and Thomas Smith Grimké
of Charleston. The June 2nd, 1834 decision from the three judges fell 2 to 1 for the Unionists. "Nullifiers" immediately called for the impeachment of the two jurists. "Nullifier" legislators responded to the decision by calling for a constitutional amendment to legalize the test oath and assert the primacy of allegiance to South Carolina. (Ford, pp. 148–149)
After South Carolina seceded in 1860, Petigru famously remarked, "South Carolina is too small for a republic
and too large for an insane asylum." This quote is still used to describe contemporary South Carolinian politics. Petigru opposed the Confederacy, although he did not believe that South Carolina would return to the Union.
He had been entrusted, in 1859, with the codification of the laws of South Carolina; he completed the task in December 1862. His code was rejected by the unreconstructed legislature of 1865, but formed the basis for the codification of 1872.
He died in Charleston, South Carolina
, in 1863, and is buried in St. Michael's Churchyard.
for several years and ultimately to Rome
, where she lived among other American expatriates and died in 1892. His younger daughter, Susan DuPont (Petigru) King Bowen, made a name for herself as a novelist and is now coming into critical attention. Busy Moments of an Idle Woman (New York: Appleton, 1854); Crimes Which the Law Does Not Reach (New York: Derby & Jackson, 1859); Gerald Gray's Wife (New York: Stockton & Co., 1864); Lily (New York: Harper, 1855); and Sylvia's World (New York: Derby & Jackson, 1859) are her most significant works.
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. He is best known for his service as the state's Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, his juridical work that played a key role in the recodification of the state's law code, and his opposition to nullification
Nullification Crisis
The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared by the power of the State that the federal Tariff of 1828 and 1832 were unconstitutional and therefore null and void within...
and, in 1860, state secession.
Biography
Petigru graduated from South Carolina CollegeUniversity of South Carolina
The University of South Carolina is a public, co-educational research university located in Columbia, South Carolina, United States, with 7 surrounding satellite campuses. Its historic campus covers over in downtown Columbia not far from the South Carolina State House...
in 1809. He was admitted to the South Carolina bar in 1812. In 1816, he was elected as the solicitor of Abbeville County, South Carolina
Abbeville County, South Carolina
Abbeville County is a county located in the U.S. state of South Carolina. In 2010, its population was 25,147. Its county seat is Abbeville. It is the first county in the United States alphabetically.-History:...
. He became the Attorney General of South Carolina in 1822. In 1830, after having lost a bid for a seat in the South Carolina Senate
South Carolina Senate
The South Carolina Senate is the upper house of the South Carolina General Assembly, the lower house being the South Carolina House of Representatives...
, he was elected to fill a vacant seat in the South Carolina House of Representatives
South Carolina House of Representatives
The South Carolina House of Representatives is the lower house of the South Carolina General Assembly, the upper house being the South Carolina Senate. It consists of 124 Representatives elected to two year terms at the same time as US Congressional elections...
. He was the leader of the anti-nullificationists in that body, and acted as lead attorney in the case of M'Cready v. Hunt, focusing on test oaths and States Rights, which was brought before the South Carolina Court of Appeals in 1834. The case involved a "test oath" passed by the South Carolina legislature in November 1832, requiring members of the state milia to pledge "faithful and true allegiance" to the State of South Carolina. The law was vague on the underlying and contentious issue of sovereignty, and did not specifically state whether allegiance to the state was superior to allegiance to the federal government. However, dispute over the oath immediately erupted. The "Nullifier" faction asserted that allegiance to the state had precedence over allegiance to the federal government, while "Unionists" asserted that the federal government had primacy over all states.
Eventually, a legal case on the validity of the test oath reached the state Court of Appeals in Columbia. Attorney Robert Barnwell Rhett, of Beaufort, argued for the test oath with the support of state Governor Robert Y. Hayne
Robert Y. Hayne
Robert Young Hayne was an American political leader.-Early life:Born in St. Pauls Parish, Colleton District, South Carolina, Hayne studied law in the office of Langdon Cheves in Charleston, South Carolina, and in November 1812 was admitted to the bar there, soon obtaining a large practice...
. In opposition, the Unionist Petigru was joined by business attorney Abram Blanding of Columbia, and Thomas Smith Grimké
Thomas Smith Grimké
Thomas Smith Grimké was an American attorney, author, orator and social activist.-Parents and education:...
of Charleston. The June 2nd, 1834 decision from the three judges fell 2 to 1 for the Unionists. "Nullifiers" immediately called for the impeachment of the two jurists. "Nullifier" legislators responded to the decision by calling for a constitutional amendment to legalize the test oath and assert the primacy of allegiance to South Carolina. (Ford, pp. 148–149)
After South Carolina seceded in 1860, Petigru famously remarked, "South Carolina is too small for a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
and too large for an insane asylum." This quote is still used to describe contemporary South Carolinian politics. Petigru opposed the Confederacy, although he did not believe that South Carolina would return to the Union.
He had been entrusted, in 1859, with the codification of the laws of South Carolina; he completed the task in December 1862. His code was rejected by the unreconstructed legislature of 1865, but formed the basis for the codification of 1872.
He died in Charleston, South Carolina
Charleston, South Carolina
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...
, in 1863, and is buried in St. Michael's Churchyard.
Family
Petigru was born in the Abbeville District of South Carolina in 1789 to William and Louise Gibert Pettigrew, daughter of the Reverend Jean Louis Gibert, who founded the Huguenot colony of New Bordeaux in 1764. In 1816, he married Jane Postell. The couple's three sons died in childhood or early adulthood. His two daughters, however, lived to maturity and were accomplished in the arts. Petigru's elder daughter, Jane Caroline (Petigru) Carson (1820–1892), a noted portrait artist and watercolorist, fled Charleston at the start of the Civil War, first to New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
for several years and ultimately to Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
, where she lived among other American expatriates and died in 1892. His younger daughter, Susan DuPont (Petigru) King Bowen, made a name for herself as a novelist and is now coming into critical attention. Busy Moments of an Idle Woman (New York: Appleton, 1854); Crimes Which the Law Does Not Reach (New York: Derby & Jackson, 1859); Gerald Gray's Wife (New York: Stockton & Co., 1864); Lily (New York: Harper, 1855); and Sylvia's World (New York: Derby & Jackson, 1859) are her most significant works.