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JOHN BELTON O'NEALL
(1793-1863)
Meet John
John Belton O’Neall was born on April 10th, 1793 to Hugh O’Neal and Anne Kelly in Newberry County, South Carolina. O’Neall first received education at the Newberry Academy and was later admitted to South Carolina College in 1811. In 1814, O’Neall was admitted to the Columbia Bar. During the War of 1812, he served in the state militia, and he eventually rose to the rank of major general by 1827. O’Neall served on the Newberry District General Assembly for one term, failing to win reelection in 1818. Also in 1818, he married Helen Pope. The two of them would parent six daughters. O’Neall served as the Speaker of the House of Representatives from 1824-1828. After his tenure in the House, he was elected as an associate state judge and illustrated his convictions as a unionist, causing him to lose his position. However, he continued to serve South Carolina after being named justice of appeals at law. Later in life, O’Neall served as the president of the court of appeals at law and chief justice of the South Carolina.
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Image courtesy of University of South Carolina Law Library https://www.sc.edu/study/colleges_schools/law/internal/general_information/artwork/honorable_john_belton_oneall.php
Although a slave and plantation owner, O’Neall advocated for slaves’ rights as well as female education. Additionally, he was a member of the temperance movement.
John Belton O'Neall's South Carolina
O’Neall was born during the early stages of the republic and lived through the Antebellum Period, dying during the Civil War. Newberry County was formed in 1785, not too long before the birth of O’Neall. Although a rural area, it was an attractive region for settlers. By the year 1800, the county had around 12,000 people, roughly 3,000 of these being slaves. ​
Image courtesy of Roots and Recall https://www.rootsandrecall.com/newberry/
Located in the Piedmont region, tensions were strong with the more influential Lowcountry. The invention of the cotton gin allowed plantations and slavery to take hold in the Upcountry, giving the regions a shared interest. A major event of the Antebellum Period of South Carolina was a planned slave revolt that never materialized, orchestrated by former slave Denmark Vesey. Increasing anxiety surrounding the issue of slavery, as well as high federal tariffs, sparked interest in the nullification movement, which O’Neall would oppose. Tensions between the federal government and South Carolina would only increase as this time period went on, culminating in secession.
William Harper
William Harper, like John Belton O’Neall, was an influential politician in South Carolina’s History. However, from 1818-1823, he lived in Missouri and was a member of the Missouri Constitutional Convention. He returned to South Carolina upon the death of his father-in-law, where he would eventually be appointed to the US senate in order to fill a vacancy. Later, Harper would run a successful law practice before serving on the court of appeals with O’Neall from 1830-1835. Unlike O’Neall, Harper was a supporter of nullification. Their opinions would cross during the Test Oath Controversy in 1832.
Test Oath Controversy
Part of South Carolina’s legal history is the nullification crisis of 1832-1833. During this crisis, unionists and nullifiers were in a constant struggle for power. The Ordinance of Nullification, adopted in November of 1832, required anyone in a civil office or military position in South Carolina to take an oath that essentially inhibited any unionist with a strong conscience from holding that office or position. While this ended up being repealed, it did not stop the legislature from trying to pass another oath, one that required all militia officials to swear allegiance to South Carolina over the federal government. The refusal of several officials to take the oath resulted in the case being presented to the court of appeals, of which O’Neall was a member. In a 2-1 decision, O’Neall and his fellow unionist on the court struck down the oath. This case played a
Image courtesy of Wikipedia https://en.wikipedia.org/wiki/South_Carolina_Court_of_Appeals
pivotal role in the nullification crisis, and it signaled to the country that tensions were on the rise.
In the Stacks
O’Neall, John Belton. Biographical Sketches of the Bench and Bar of South Carolina: By John Belton O’Neall ... To Which Is Added the Original Fee Bill of 1791 ... The Rolls of Attorneys Admitted to Practice, from the Records at Charleston and Columbia, Etc. South Carolina: S.G. Courtenay & co., 1859, 1859.
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O’Neall, John Belton. John Belton O’Neall Papers, 1815.
References
Copp, Roberta VH. “O'Neall, John Belton.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, October 20, 2016. https://www.scencyclopedia.org/sce/entries/oneall-john-belton/.
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Napier, John L. “Harper, William.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, August 15, 2016. https://www.scencyclopedia.org/sce/entries/harper-william/.
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Ruff, Dan G. “Newberry County.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, March 23, 2017. https://www.scencyclopedia.org/sce/entries/newberry-county/.
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“Statehood, Civil War, and Aftermath.” Encyclopædia Britannica. Encyclopædia Britannica, inc. Accessed April 15, 2021. https://www.britannica.com/place/South-Carolina/Statehood-Civil-War-and-aftermath.
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Tinkler, Robert. “Test Oath Controversy.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, June 29, 2016. https://www.scencyclopedia.org/sce/entries/test-oath-controversy/.