In the congress of 1776, he took an active part in the discussions which preceded the declaration of independence. He is said to have proposed some alterations in the original draught of that celebrated instrument: but the precise nature of them it is now impossible to ascertain. The merit of the instrument doubtless wholly belongs to Mr. Jefferson. Some alterations, indeed, were made in it; but they were chiefly verbal, while the spirit and texture remained untouched.

At a subsequent date, Mr. Rutledge was appointed, with Dr. Franklin and John Adams, as commissioners to wait upon Lord Howe, who had requested congress to appoint such a committee to enter with him into negotiations for peace. In a former page we had occasion to allude to the appointment of these commissioners, and to state that the conference was productive of no beneficial results.

On the breaking up of the conference, Lord Howe despatched his own barge to convey the commissioners from Long Island to New-York. A little before reaching the shore, Doctor Franklin, putting his hand in his pocket, began chinking some gold and silver coin. This, when about leaving the boat, he offered to the sailors, who had rowed it. The British officer, however, who commanded the boat, prohibited the sailors accepting it. After the departure of the boat, one of the commissioners inquired why he had offered money to the sailors. "Why," said the doctor, in reply, “the British think we have no hard money in the colonies, and I thought I would show them to the contrary. I risked nothing," added he, "for I knew that the sailors would not be permitted to accept it."

Mr. Rutledge was again appointed to congress, in the year 1779; but in consequence of ill health he was unable to reach the seat of government, and returned home. In 1780, during the investment of Charleston by the British, Mr. Rutledge was taken prisoner by the enemy, and sent to St. Augustine as a prisoner, where he was detained nearly a year before he was exchanged. Soon after his exchange was effected, he landed at Philadelphia, near which he resided, until a short time before the city of Charleston was evacuated by the Bri

tish, when he returned to the place of his nativity, and to the enjoyment of the society of his friends and relations.

From this period, for the space of seventeen years, Mr. Rutledge was successfully engaged in the practice of his profession, and from time to time in important services which he rendered to the state, as a member of her legislature.

In 1798, he relinquished his station at the bar, and was elected the chief magistrate of South Carolina. His constitution, however, became much impaired in consequence of severe and repeated attacks of the gout, to which he was subject. He continued, however, to perform his official duties until within a short time before his death. This event is supposed to have been somewhat hastened, by a necessary attendance upon the sitting of the legislature at Columbia, and an unfortunate exposure to rain and cold during his return from the latter place to Charleston. On reaching home, he was confined by a severe illness, which terminated his life on the 23d day of January, 1800.

The death of Mr. Rutledge was felt to be a severe loss, both by the people of Charleston and by the state at large. Few men were more deservedly respected; no one could be more generally beloved. Military and other funeral honours were paid to him on the occasion of his being carried to his long home; and the universal regret expressed at his departure, showed full well how sincerely he was lamented.

Both in his public and private character, Mr. Rutledge was adorned with many virtues. In his disposition, he was uncommonly benevolent; he entered with great feeling into the sufferings of his fellow men, and felt it not only his duty, but his pleasure, to administer to their necessities. His deeds of kindness were many, were widely extended, and are still remembered with affection and gratitude.

As an orator, he was deservedly eminent. He had faults. indeed, both in point of manner and style, being too studied in respect to the former, and too metaphorical, and sometimes inaccurate, in respect to the latter. He also, it is said, addressed himself rather to the passions than to the understanding; yet, with these faults there were few speakers who

commanded greater attention, or were more successful. He was less impetuous, and perhaps less commanding, than his brother John Rutledge; but he possessed more of the style of Cicero. There was a suavity in his manner, a conciliatory attraction in his arguments, which had frequently the effect of subduing the prejudices of the unfriendly, and which sel dom failed to increase the ardour and inflexibility of steady friends. The eloquence of John Rutledge, like that of Patrick Henry of Virginia, was as a mountain torrent; that of Edward Rutledge, that of a smooth stream gliding along the plain; the former hurried you forward with a resistless impetuosity; the latter conducted you with fascinations, that made every progressive step appear enchanting.

In his person, Mr. Rutledge was above the middle size, and of a florid, but fair complexion. His countenance expressed great animation; and, on account of his intelligent and benevolent aspect, was universally admired.

On his return from Europe, Mr. Rutledge married the daughter of Henry Middleton, by whom he left a son, Major Henry M. Rutledge, of Tennessee; and a daughter, who, it is believed, now resides at Charleston. Upon the death of his first wife, he married the widow of Nicholas Eveleigh, comptroller of the treasury of the United States, in the time of Washington's administration. This lady is supposed to be still living.

THOMAS HEYWARD.

THOMAS HEYWARD was born in St. Luke's parish, in the province of South Carolina, in the year 1746. His father, Colonel Daniel Heyward, was a planter of great wealth, which he had chiefly acquired by his industry.

Unlike many gentlemen of fortune, Mr. Heyward did not appear to idolize his possessions; at least, convinced of the importance of intellectual cultivation, he determined to be

stow upon his son all the advantages which a thorough education might impart. Accordingly, the best school in the province was selected for young Heyward, who, by his dili gence, became well acquainted with the Latin language, and with such other branches as were at that time taught in the most respectable provincial seminaries.

Having finished his scholastic studies, he entered the law office of a Mr. Parsons, a gentleman who at that time was distinguished for his professional learning and practical skill. On accomplishing the usual term of study, young Mr. Hey. ward, according to the fashion adopted by families of fortune. was sent to England to complete his legal preparation. He was entered as a student in one of the Inns of Court. Al though he had in expectancy a large fortune, he devoted him. self with great ardour to the study of law, emulating the dili gence of those who expected to derive their subsistence from the practice of the profession.

On completing his studies in England, he commenced the tour of Europe, which occupied him several years. This was an advantage which he enjoyed beyond most of the youth of the colonies; nor did he neglect to improve the superiour means which were thus allowed him of gaining a knowledge of the different countries of Europe. He enjoyed a rare opportunity of contrasting the industry and simplicity. of his countrymen, with the indolence, and luxury, and licentiousness, the pride and haughtiness, so prevalent on the old continent.

At length, satisfied with the observations which he had made of men and manners abroad, he returned, with pleasure, to his native country; and impressed with the obligations of application to some honest calling, he devoted himself, with great zeal for a man of fortune, to the labours of the law.

This

In 1775, Mr. Heyward was elected to supply a vacancy in congress, occasioned by the recall of the distinguished John Rutledge, whose presence was required at home to assist in defending the state against a threatened invasion. honour, owing to his peculiar modesty, he at first declined He was, however, at length induced to enter upon the duties

of his appointment, and arrived in Philadelphia in season to attend upon the discussion of the great question of American independence.

In the year 1778, Mr. Heyward was appointed a judge of the criminal courts of the new government. A sense of duty alone prompted him to accept of this arduous and responsible station. Soon after his elevation to the bench, he was called to the painful duty of presiding at the trial and condemnation of several persons charged with a treasonable correspondence with the British army, which, at that time, was in the vicinity of Charleston. The condemnation of these persons was followed by their execution, which took place within view of the enemy, and which served to render the judge most obnoxious to the British.

In the spring of 1780, the city of Charleston was besieged by General Clinton, and was taken possession of by him, on the 12th of May. Judge Heyward, at this time, had command of a battalion. On the reduction of the place, he became a prisoner of war. As he had been one of the leaders of the revolution, he, with several others who had acted a similarly distinguished part, were transported to St. Augustine, while the other prisoners were confined on board some prison ships in the harbour of Charleston. During his absence, le suffered greatly in respect to his property; his plantation being much injured by a party of marauders, and all his slaves seized and carried away. Some of his slaves were afterwards reclaimed; but one hundred and thirty were finally lost, being transported, as was supposed, for the benefit of the sugar planters on the island of Jamaica.

Judge Heyward, and his fellow prisoners at St. Augustine, at length had leave to return to Philadelphia. On his passage thither, he narrowly escaped a watery grave. By some accilent he fell overboard; but, fortunately, kept himself from sinking by holding to the rudder of the ship, until assistance could be rendered to him.

On returning to Carolina, he resumed his judicial duties; in the exercise of which he continued till 1798. During this interval, he acted as a member of a convention for forming