John Drayton
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John Drayton II (June 22, 1766 – November 27, 1822) was
Governor of South Carolina The governor of South Carolina is the head of government of South Carolina. The governor is the '' ex officio'' commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making year ...
and a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
of the
United States District Court for the District of South Carolina The United States District Court for the District of South Carolina (in case citations, D.S.C.) is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charle ...
.


Education and career

Born on June 22, 1766, in Charleston,
Province of South Carolina Province of South Carolina, originally known as Clarendon Province, was a province of Great Britain that existed in North America from 1712 to 1776. It was one of the five Southern colonies and one of the thirteen American colonies. The monar ...
,
British America British America comprised the colonial territories of the English Empire, which became the British Empire after the 1707 union of the Kingdom of England with the Kingdom of Scotland to form the Kingdom of Great Britain, in the Americas from 16 ...
, to
William Henry Drayton William Henry Drayton (September 1742 – September 3, 1779) was an American Founding Father, planter, and lawyer from Charleston, South Carolina. He served as a delegate for South Carolina to the Continental Congress in 1778-79 and signed t ...
and Dorothy Golightly, Drayton
read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...
in 1788 at the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
,
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
. He engaged in private practice in Charleston,
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
in 1788, from 1789 to 1794, from 1796 to 1798, and from 1811 to 1812. He was a warden (assistant to the intendant) for Charleston starting in 1788. He was a rice planter in Georgetown County, South Carolina from 1794 to 1822. He was a member of the
South Carolina House of Representatives The South Carolina House of Representatives is the lower house of the South Carolina General Assembly. It consists of 124 representatives elected to two-year terms at the same time as U.S. congressional elections. Unlike many legislatures, seati ...
from 1792 to 1796. He was
Lieutenant Governor of South Carolina The lieutenant governor of South Carolina is the second-in-command to the governor of South Carolina. Beyond overseeing the Office on Aging and the responsibility to act or serve as governor in the event of the office's vacancy, the duties of th ...
from 1798 to 1800. He was
Governor of South Carolina The governor of South Carolina is the head of government of South Carolina. The governor is the '' ex officio'' commander-in-chief of the National Guard when not called into federal service. The governor's responsibilities include making year ...
from 1801 to 1803, and from 1809 to 1810. He was the
Intendant An intendant (; pt, intendente ; es, intendente ) was, and sometimes still is, a public official, especially in France, Spain, Portugal, and Latin America. The intendancy system was a centralizing administrative system developed in France. In ...
(
Mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
) of Charleston from 1803 to 1805. He was a member of the
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. It consists of 46 senators elected from single member districts for four-year terms at the sa ...
from 1805 to 1808. He was a member of the
Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
.


Federal judicial service

Drayton was nominated by President
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for hi ...
on May 4, 1812, to a seat on the
United States District Court for the District of South Carolina The United States District Court for the District of South Carolina (in case citations, D.S.C.) is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charle ...
vacated by Judge
Thomas Bee Thomas Bee (1739 – February 18, 1812) was a delegate to the Second Continental Congress, Lieutenant Governor of South Carolina and a United States district judge of the United States District Court for the District of South Carolina. Educat ...
. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on May 7, 1812, and received his commission the same day. His service terminated on November 27, 1822, due to his death in Charleston.


Notable case

Drayton issued perhaps the earliest judicial decision holding that, under the laws of the United States, slaves captured in time of war on enemy ships could not be claimed as
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
. ''Almeida v. Certain Slaves'', 1 Fed. Cas. 538 (D. S. C. 1814).


Books

* ''Carolinian Florist'' * ''A View of South Carolina, as Respects Her Natural and Civil Concerns'' * ''Memoirs of the American Revolution from its Commencement to the Year 1776''


References


Further sources

* * *


External links


SCIway Biography of John Drayton

NGA Biography of John Drayton
{{DEFAULTSORT:Drayton, John 1766 births 1822 deaths Princeton University alumni University of South Carolina alumni Members of the South Carolina House of Representatives Lieutenant Governors of South Carolina Governors of South Carolina University of South Carolina trustees South Carolina state senators Writers from South Carolina Drayton family Mayors of Charleston, South Carolina Judges of the United States District Court for the District of South Carolina United States federal judges appointed by James Madison 19th-century American judges South Carolina Democratic-Republicans Democratic-Republican Party state governors of the United States United States federal judges admitted to the practice of law by reading law