Thomas Smith Grimké
Encyclopedia
Thomas Smith Grimké was an American attorney, author, orator and social activist.
, and Mary (or Polly), daughter of Thomas and Sarah (Moore) Smith, of Charleston, South Carolina. He graduated from Charleston College, and entered the study of law under John Julius Pringle, then Attorney General
of South Carolina, in 1804. He suspended his legal studies to enter Yale in the fall of 1805. After completing courses at Yale, Grimké expressed a desire to prepare for the ministry, but yielded to the wishes of his jurist father and was admitted to the bar in May 1809. Grimké practiced law in Charleston, South Carolina. In 1830, Grimké received an honorary degree of Doctor of Laws from Yale.
, the codification of the laws of that state. He was a member of the State Senate in 1826-1930, and in 1828 made a speech in support of the federal government on the tariff question.
Grimké had a distinguished career in the Carolina courts. He is perhaps best known for the case of M'Cready v. Hunt, focusing on 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 of 1832. The oath required that members of the state milia 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 states 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
. He was opposed by a trio of young Unionist attorneys, James L. Petigru
, of Charleston, business attorney Abram Blanding, of Columbia, and Thomas S. Grimké. 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.
. He was also an advocate and lecturer upon the reformation of education in America, particularly urging the use of the Bible as a text-book in schools. Though a fine classical scholar, he opposed both classics and mathematics as elements of an education. He was an early advocate of reformed spelling, as a means of simplifying education, and used his original spelling method in his own publications after 1833.
He advocated absolute non-resistance, holding that even defensive warfare is wicked, and his ideas met with much ridicule. When asked what he would do if he were mayor of Charleston, and a piratical vessel should attack the city, he is said to have replied that he would marshal the Sunday-school children in procession, and lead them to meet the invader.
. His brother, and law partner, Henry W. Grimké was the father of journalist and diplomat Archibald Grimké
and Francis J. Grimké
, a Presbyterian minister. Another brother, Frederick Grimké (1791-1863), was for some time presiding judge of the Ohio
Court of Common Pleas, and in 1836-1842 was a judge of the state supreme court, resigning in the latter year to devote his time to philosophical studies.
on October 12, 1834, while on a lecture tour and a visit with family members in Ohio. He was buried in Columbus, Ohio
. A sermon preached in Charleston on the occasion of his death was subsequently printed in the Episcopal publication “Gospel Messenger” (volume 11, December, 1834).
Parents and education
Thomas Grimké was the second of fourteen children borne to jurist John Faucheraud GrimkéJohn Faucheraud Grimké
was an American jurist who served as Associate justice and Senior Associate Justice of South Carolina's Court of Common Pleas and General Sessions from 1783 until his death. He also served in the South Carolina state legislature from 1782 until 1790...
, and Mary (or Polly), daughter of Thomas and Sarah (Moore) Smith, of Charleston, South Carolina. He graduated from Charleston College, and entered the study of law under John Julius Pringle, then 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...
of South Carolina, in 1804. He suspended his legal studies to enter Yale in the fall of 1805. After completing courses at Yale, Grimké expressed a desire to prepare for the ministry, but yielded to the wishes of his jurist father and was admitted to the bar in May 1809. Grimké practiced law in Charleston, South Carolina. In 1830, Grimké received an honorary degree of Doctor of Laws from Yale.
Legal Career
On 17 March 1827, Grimké advocated, in an address before the Bar Association of South CarolinaSouth 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...
, the codification of the laws of that state. He was a member of the State Senate in 1826-1930, and in 1828 made a speech in support of the federal government on the tariff question.
Grimké had a distinguished career in the Carolina courts. He is perhaps best known for the case of M'Cready v. Hunt, focusing on 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 of 1832. The oath required that members of the state milia 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 states 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...
. He was opposed by a trio of young Unionist attorneys, James L. Petigru
James L. Petigru
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...
, of Charleston, business attorney Abram Blanding, of Columbia, and Thomas S. Grimké. 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.
Social Activism
Grimké was an active advocate and donor to the temperance movement and a prominent member of the American Peace SocietyAmerican Peace Society
The American Peace Society is a pacifist group founded upon the initiative of William Ladd, in New York City, May 8, 1828. It was formed by the merging of many state and local societies, from New York, Maine, New Hampshire, and Massachusetts, of which the oldest, the New York Peace Society, dated...
. He was also an advocate and lecturer upon the reformation of education in America, particularly urging the use of the Bible as a text-book in schools. Though a fine classical scholar, he opposed both classics and mathematics as elements of an education. He was an early advocate of reformed spelling, as a means of simplifying education, and used his original spelling method in his own publications after 1833.
He advocated absolute non-resistance, holding that even defensive warfare is wicked, and his ideas met with much ridicule. When asked what he would do if he were mayor of Charleston, and a piratical vessel should attack the city, he is said to have replied that he would marshal the Sunday-school children in procession, and lead them to meet the invader.
Family
The Grimké family were German by descent, and his paternal grandmother's family was French Huguenot. On January 25, 1810, he married Sarah Daniel Drayton, of Charleston, who died on July 23, 1867. The couple had six sons. His siblings included the noted orators and abolitionists Sarah Moore Grimké and Angelina Grimké WeldAngelina Grimké
Angelina Emily Grimké Weld was an American political activist, abolitionist and supporter of the women's suffrage movement.- Family background :...
. His brother, and law partner, Henry W. Grimké was the father of journalist and diplomat Archibald Grimké
Archibald Grimke
Archibald Henry Grimké was an American lawyer, intellectual, journalist, diplomat and community leader in the 19th and early 20th century...
and Francis J. Grimké
Francis J. Grimké
Francis James Grimké was a Presbyterian minister who was prominent in working for equal rights for African Americans...
, a Presbyterian minister. Another brother, Frederick Grimké (1791-1863), was for some time presiding judge of the Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
Court of Common Pleas, and in 1836-1842 was a judge of the state supreme court, resigning in the latter year to devote his time to philosophical studies.
Death
Grimké died of choleraCholera
Cholera is an infection of the small intestine that is caused by the bacterium Vibrio cholerae. The main symptoms are profuse watery diarrhea and vomiting. Transmission occurs primarily by drinking or eating water or food that has been contaminated by the diarrhea of an infected person or the feces...
on October 12, 1834, while on a lecture tour and a visit with family members in Ohio. He was buried in Columbus, Ohio
Columbus, Ohio
Columbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
. A sermon preached in Charleston on the occasion of his death was subsequently printed in the Episcopal publication “Gospel Messenger” (volume 11, December, 1834).