The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-07-11
BENJAMIN LANE POSEY.
HIS RECORD AS SOLDIER, EDITOR, LAW
YER, CITIZEN. ..
An Interesting Sketch of the Check.
cred Life and Peaceful Death of
the Ex.AbbeviIlian, Who Was SO
Well known Among Us.

1927, and died at Bay st. Louis, Miss, May Q,
1885, His father was Benjamin Lane Posey
and his moth Sarah Sample Posey. The ia
ther, at the time the Junior was born, was the
acting Sheriff Of Laurens,. then District,
South Carolina, but who six years later
changed his home to Abbeville Court House,
his majority. His principal tutors were Al
pheus Baker, who long taught at Abbevllle G.
H., 8. c., and James l.. Lesly, of the High
School at Lowndesyille, S. G., from whose
South Carolina College at the Fall session OF
1916. -, .. :
Entering the Junior class of lS46 he had o
spell OF fever which caused his return home
to recuperate, and while there call was made
on South Carolina for regime ent to march to
Mexico, the war having opened on the Texas
border. A regiment had been calle for In the
preceding May, and had organized, by the
requisite number of men and companies and
the election Of Pierce M. Butler, Colonel; ].
F: Dickinson, Lieutenant.Col and A. 81.
GLADDEN.. Major.
There had been such delay in the call that
many young men who had prepared to go had
gone away, or had made such business ar
Engagements as forbid their compliance. The
call was for prompt march, and for short
time the honor of the State trembled in the
scale. Then it was that this college boy when
scarcely able to walk offered his service as a
private in Capt. Marshall's Co. E, and had to
be carried to Charleston, S. c., where the reg1-
ment was quartered in December, 1916. Re-
campaign and participated In the battles and
returned uninjured, except suffering In the
latter part OF service from the camp epidemic.
Re-entering the Junior class in the same
college In the winter of lS4S, he remained a
year and did not return on account OF his
health. which had not recovered from the ef-
fects OF his campaign service in Mexico. He
travelled, read, including the law, until in
vile G. II, s. G, "Ihe Independent Press" After
conducting said paper for two years he sold
out and removed to Montgomery, Ala, Where
he was admitted TO the practice Of law, but
for time delayed opening an office and was
chiefly engaged as the political writer for the
Montgomery 1faA Violently opposing the
Kansas-Nebrask bill as dangerous to the
South and Of dynamite tendency he was In
duced to edit for the campaign the AutG,tgq
Statesman, at Prattvtlle, Ala, and supported
Fillmore and Donaldson in 1856; and, besides
editing his paper with vigor, he was an alter:
nate elector and took the stump at several
paper with the determination to enter upon
the law, he was overpersuaded to take charge
Of the Marion american, at Marion, Ala,
which he edited for q Time, until cutting
1858 he opened law Office and entered at once
upon 6. fair practice, and which continued to
grow until Interrupted by the war. Soon az
ter his opening in Mobile he had q remarka-
BILE contest with Mayor Jones NJ. Withers,
who held that it was his right to deny parties
before him the benefit Of counsel, and that
when permitted, as he sometimes did, It was
matter Of his personal favor. A case hav; ~;
and was denied access to the prisoner, or his
defence before the Mayor, he sued outa man
ddn1ns against Mayor Withers and had him
brought before Circuit Judge Rapier, nys whose Sc
the history OF Mobile ever excited more inter-
est. The Court room was crowded to sufoca-
tiop and the feelings Of the populace was
wrought to the highest pitch. :.
fuo0 oHD mir
Withers for his stern dealing with crime -:
Fifty dollars or thirty days" was his well
known cognomen, and Posey for his gallant
boarding the lion In his den and insisting up
sey's points were. that his license gave him
authority to practice his profession in any
Court, and that an individual had the constt,
tutional right TO counsel before any tribunal
to which he was amenable. There had been
considerable feeling excited between the con-
testants before brought to an issue in this
case. Withers was represented by h III.
Smith, at the head Of the Bar, and his point
was that the Mayors was not Court and did
not come within the legal purview: Posey
conducted bis own side with all the argq-
ment, interspersed with bis, seldom equalled,
powers Of sarcasm and invective, which caus-
near being ordered to be cleared several times.
The decision OF Judge Rapter was to sustain
Posey, and which was affirmed by the Su-
preme Court. Withers did not realize until
fearless heart he had provoked. .
Immured in his practice, Posey took but
small part in the political campaign OF 1865,
other than to support Bell and Everett by his
Of their election. He was opposed to the dis
ruption of the Union, If possible, and thought
the election Of Bell and Everett was the best
preventive When, however, Mr.. Lincoln
and foreboded in the growing future the de
struction OF the rights, safety and equality Of
the South in the Union he was In favor Of get
ting out peaceably, II could be, but getting
out at all hazards: After the Secession ordi'
tion of Alabama, he participated In meet
ing In Mobile and made speech pledging
support to South Carolina against hostile In
vasfou, which was adopted by the meeting;
Moore that the Convention Of Alabama, then
In session, would certainly pass the Ordinance
Of Secession, he began at once the organiza-
tion OF a company, which, at the suggestion
Of bis friend, Judge Meek, was called the
RED Eagles" There was some old volunteer
companies sent by Gov. Moore TO Pensacola,
Fla, but the Red Eagles was, perhaps, the
service. Posey recruited from the rough ma
terials such as compose regular armies, men
to be commanded, not asked, to obey. steadi-
ly refusing the "sons Of gentlemen" place In
the ranks, except such as he desired for Of
ficers. When organized the first service was
at 1T. Morgan, Ala, and then ordered to Pen
sae9a and formed part ot Col GaytSns list
splendidly QUILTED BY MoRIeans and WITH tt6
English army, they were the best drilled OF
any company in Bragg's army of ten thou
sand. But many Of them were turbulent fell
lows, OF previous bad habits, and they gave
the Captain much trouble, when, whiskey
could be had. Many marvellous and apochry-
phal stories are connected with the manage
ment of the eagles" by their com maudant.
as O. splendid shot; and 1t was said that when
on drill and the men did not dress readily he
forced it by firing in quick succession In front
and rear along the line. But the Eagles had
the daring for any duty. Whiie a. Pensacola
navy yard and obstruct the channel by sink
ing it at 8 certain point. The officer having
charge of the work was authorized TO select
their commandant, who readily responded:
It was q task requiring the darkness of night
and was of great hazard, as the point desired
TO be reached was in front and immediately
under the guns OF Fort Piekens, ana disc1yo 10y,
task was accomplished without discovery or
injury, greatly by reason that the wind and
current being unfayorable the vessel was car
red to point not desired, where 1t had to be
on the expiration of the twelve months ser
vice Capt Posey organized another company,
and while on his way TO Mobile TO unite IL to
form the 3Sth ALABAMA, elgnt companies De-
ing in camp there, they had an election for
field officers before he reached there. This
was believed to have been an unfair advan-
tage tax en- Of him who would no doubt have
been selected as the commandant. He, how
ever, made no complaint, but added his COM
pany, and lived to command the regiment In
the latter part of the service. He was never
absent O day from the front except few days
ut one time when no engagement was appre-
hended. At Missionary Ridge, the Major hav-
ing been killed. himself, the Colonel, Lieuten-
ant Colonel and about half the regiment was