Thomas Heyward, Son of the South

Written By Merry Lee Jones

n May 10, 1775, the Second Continental Congress convened in Philadelphia to determine a course of action toward Britain. By June, 65 delegates had arrived, representing 12 colonies (Georgia was not represented until September.) The members of this Second Continental Congress belonged to the elite of colonial society. They were men of status and wealth, who under normal circumstances, would believe in an established authority. Yet, in July 1776, these men-successful lawyers, merchants, ministers, plantation owners, and a sprinkling of artisans signed their name to one of the most revolutionary documents of modern times. They pledged to each other “our lives, our fortunes, and our sacred honor” in the cause of American Independence.

Thomas Heyward, representing South Carolina, was one of the signers of this declaration defending the Colonies’ right to liberty. This son of South Carolina, this man who was born in our own backyard put his name on one of the most majestic pieces of paper in our country’s history...The Declaration of Independence.

Thomas Heyward was born July 28, 1746 in St. Luke’s Parish, which was located in the province of South Carolina. His father was Colonel Daniel Heyward, a planter and a man of great wealth. Unlike many gentlemen of fortune, he was determined to teach his son the value and advantages of a good education, as opposed to idolizing possessions. He selected the best school in the province for young Thomas, who, by his diligence became quite knowledgeable.

Having finished his scholastic studies, he entered into a law practice as an apprentice. On accomplishing the usual term of study, young Mr. Heyward was sent to England to complete his legal preparation. He was entered as a student of law at Middle Temple, one of the Inns of Court.

On completing his studies, he decided to tour Europe which occupied him for several years. This was an opportunity to gain knowledge of the different countries of Europe. He found himself observing the contrast between the industry and simpleness of South Carolina to the haughtiness, indolence and pride of this old continent. It was with great pleasure that he returned home.

Thomas Heyward returned to South Carolina in 1771 and quickly joined his fellow patriots in their fight for independence. He had become embittered in England by the contemptuous attitude of the British towards the “backwoods colonials.” He devoted himself with great zeal to the practice of law.

In 1775, Mr. Heyward was elected to fill a vacancy in the Continental Congress. This void was created by the recall of the distinguished John Rutledge who was called back to help defend South Carolina against a threatened invasion. Heyward, being a modest man, at first declined. However, he was convinced to fulfill the duties of his appointment and arrived in Philadelphia. He was one of the 65 delegates representing the 13 colonies to discuss the great question of American Independence.

Thomas Heyward signed the Declaration of Independence five days after his thirtieth birthday.

In 1778 he left the congress and was appointed as a judge in the Criminal Courts of the new government of South Carolina. 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 treasonable correspondence with the British Army. The condemnation of these persons was followed by their execution, which took place within view of the enemy. This served to render Judge Heyward most obnoxious to the British.

In the spring of 1780, the fall of Charleston to the British resulted in Thomas Heyward becoming a prisoner of war. As he had been one of the leaders of the revolution, he, and others that had played an equally distinguished part, were transported to St. Augustine.

After the war ended, he returned to South Carolina and resumed his judicial duties. In 1790, he was a member of a convention forming the South Carolina State Constitution. He continued as a judge until 1798. Judge Thomas Heyward died March, 1809 at sixty four years of age.

History has Thomas Heyward of St. Luke’s Parish South Carolina as one of the most estimable men who lived in his time. One of the most firm, honest, intelligent, and fearless who embarked in the Revolution. He was characterized for sound judgment and an ardent disposition which justly entitled him to the confidence and esteem of his fellow citizens.

It was good for America. Good for the cause of freedom, that the God of heaven raised up such a generation of men at a time when the civil and religious liberties of our country demanded their wisdom, fortitude and patriotism.Without their existence and their exalted virtues, the United States of America would not be here today.

Thomas Heyward’s burial site is across the creek from White Hall Plantation where he lived. This area is now referred to as Old House. A half-mile long lane of live oak trees leads from Highway 336 to the family cemetery where this lowcountry boy was laid to rest in a land that he truly honored and loved.