The Rivals: a Tale of the Times of Aaron Burr and Alexander Hamilton; Gibbes' Rules for the Accentuation of Proper Names; Life and Correspondence of Thomas Arnold; Timrod's Poems; The Puritan Commonwealth; New English Dictionary; Parton's Life of Andrew Jackson; Rives' Life and Times of James Madison; King's White Hills of New Hampshire; The Christian Examiner; Prince Charlie, the Young Cavalier; Mother Goose for Grown Folks: The Diary of a Samaritan; Prenticeana; Transactions of the California State Agricultural Society; Tables of Literary Mortality.

STEAM POWER PRESS OF

WALKER, EVANS AND COMPANY,

CHARLESTON.

No. VI.

RUSSELL'S

MAGAZINE.

MARCH, 1860.

VOL. VI.

BIOGRAPHICAL SKETCHES OF THE BENCH AND BAR OF SOUTH CAROLI

NA: BY JOHN BELTON O'NEALL, LL.D., PRESIDENT OF THE LAW COURT OF APPEALS, AND THE COURT OF ERRORS, ETC.

In proposing to give a brief, critical notice of the work, whose title is placed at the head of this article, we shall come to the task, as far as we are able, with a spirit of strictest justice. Tempting as the occasion may be, when we have to deal with a native Carolina author, and a gentleman, too, with whom we have been bound for many years in ties of more than common friendship, we feel assured that we indulge none of the vain ambition of an ancient rhetorician, who boasted that it was his profession to make little things appear great. The spirit of Judge O'Neall's work must be commended. There is no more pious and useful labour, than to perpetuate the fame of the wise and good, who, having acted well their part in life, have gone to the great world of spirits. The virtuous dead should be regarded as sacred, and we feel no sympathy with those who would indulge in depreciation of them. Rather is it a compliment to the

amiability and justice of an author, if he should transcend the strict limits of praise and admiration. Plutarch, while condemning this low and jealous feeling, holds up to contempt certain persons in his day, who ascribed the death of the younger Cato, to his fear of Cæsar. His theme possesses peculiar elevation and dignity, and in other lands, has been thought worthy the pen of the noblest intellects. He has walked in the footsteps of Lord Campbell, to whom is accorded universally the distinguished honour of having written one of the most valuable and delightful works which have adorned the nineteenth century-we mean the "Lives of the Lord Chancellors and Chief Justices of England." We think we are carried away by no blind enthusiasm, when we assert, that there is no more important field of historical research and investigation, than that which is furnished by the legal profession. In every country it has given the leaders in defence of

right and liberty, who freely offer ed up their lives with a devotion, second only to Christian martyrdom. Look where we may, the fact stands out prominently. The history of the legal profession is the history of government and progress in civilization. That man is ignorant indeed, who knows not the true position of the lawyer; and our judgment will not allow us to indulge in language less strong towards him who wantonly sympathizes in the vulgar prejudices against him, than to say that he is an enemy to the human race. Before we dismiss this topic, we will add, that even Sir Edward Coke, whose conduct, as Attorney-General, was absolutely atrocious, and who, in his prosecution of Raleigh, can be looked upon only in the light of a monster, in "the case of Commendams," when the King contended that his prerogative was concerned, and asked that the proceedings be stayed until his plea sure be ascertained, nobly replied, that, "when the case happens, I shall do that which shall be fit for a judge to do." The reader of history knows, that to him England is indebted for the petition of Right, the second Magna Charta, which, in short, is a protection of the people, in all time to come, against the abuses of prerogative.

ments published by him, the list of Chief Justices, Judges in Law and Equity, Recorders, &c., and an alphabetical list of Attorneys enrolled at Charleston and Columbia. There is, too, a sufficient index, which adds largely to its value. With but few exceptions, the sketches are confined to the dead, and the design of the author, is "to rescue the memory of the good and great from oblivion, and to place their actions before their young countrymen, as marks by the way side for their journey of life." The plan is good, and we know not how it could be improved. The work opens with sketches of three Chief Justices-Trott, Drayton and Rutledge. As this office was revived by the last Legislature, after a sleep of more than sixty four years, and as our people are unused even to the sound of the name, it may be of interest to the general reader to make a brief historical allusion to it. Everybody knows, that the great body of our law is but a transplantation of English jurisprudence. It is from England that we derive the office. It was introduced into that country by William the Conqueror, from Normandy, where it had long been an office of great power and authority; and the obvious reason for its introduction was, that it was favourable to princeBut we proceed to give some ly prerogative. The officer was account of the work. It consists styled the Chief Justiciar, and his of two volumes; the first embraces court, originally, was a grand, censketches of the Chief Justices, Law tral tribunal, not only for appeal, Judges, Chancellors and Recorders; but for the origination and decithe second of Attorney-Generals, sion of all causes throughout the United States District Attorneys, realm. It was styled Curia Regis, the Solicitors, and the members of the Bar. We have, in adddition, an auto-biographical sketch of the author, and the original Fee-Bill, of 1791, with fac-similes of the signatures of the members of the Bar. We should not omit to mention, among the interesting docu

and sometimes Aula Regis. Certain great officers of the State were associated with the Chief Justice, as Judges. In rank, the Grand Justiciar was above the nobility; and in authority, second only to the King; and when the King was beyond the seas-as was often the

case-he governed the realm, like fact, that the gentleman who has a Viceroy. Our readers will agree been recently called to this posiwith us, that this was an office tion, is distinguished for his sense worth having; and eager as man of justice, his Christian virtues, and is for place and power, we cannot the numberless good works which well conceive how human ambition at every stage have marked a long could be subjected to a more seduc- public life. True it is, our Chief tive temptation. It was too much Justice fills the highest place on power to be confided to one man, our Bench of Judges; but his greater and the first Chief Justiciar, O. D. dignity is derived not from extraorO., grossly abused it. In the pro- dinary function, but from official gress of time, it was fully proved, rank. Let him be regarded as the that this grand, centralizing Court, Presiding Judge in the Court of with the almost unlimited authori- Appeals, the highest judicature ty conferred upon its chief officer, known to us, and let the honour worked the greatest inconvenience, and dignity attaching to station be and failed to subserve the ends of divided between him and his two justice. Tribunals, with distinct associates, assigning to him a meajurisdictions, were now established, sure somewhat greater than is and the Court of King's Bench, the given to the others, and then the Court of Common Pleas, the Court humblest man may venture in his of Exchequer, and the Court of presence without trembling, and Chancery, sprung into existence. none need fear but the malefactor. Finally, the judicial institutions We can do no more than allude were fashioned with such perfec- to a few individuals sketched by tion, that they have remained with- our author. None, perhaps, are out material change for centuries, more entitled to this than the group and served as models for all free of Chief Justices. All three were people. The Chief Justiciar is now remarkable men. Nicholas Trott, shorn of his terrific power, and the the first Chief Justice, who held Chancellor, whose functions in the the office from 1712 to 1719, when humility of his origin, were consid- the Proprietary Government was ered those of being almoner and abolished, was distinguished for his secretary to the King, may now manly intellect, his knowledge of thanks to the times of Thomas law, his boldness and energy, and, à Becket lay claim to equal dig- according to our author, his unnity. Well, there is now no occa- scrupulousness. Trott was invested sion for alarm with the most ner- with extraordinary power, but still vous of our readers, because there his ambition was not satisfied. That is a Chief Justiciar in Carolina. He he was not sufficiently regardful of is no Ralph Flambard, "the de- the rights of others, turbulent, vouring torch," as he was styled, anxious to enjoy a monopoly of whose course was marked by ruin authority, there can be no doubt. and desolation. He is clothed with A full account of him is given by no despotic power, but, like the Professor Rivers in his admirable humblest citizen, must yield obe- contribution to the History of dience to the superior authority of South Carolina. From his "sketch," law. But if there be any who still as he modestly styles it-which, indulge their fears, because of the by the way, is the fullest history awful majesty with which this high of the Proprietary Government officer is historically encircled, we which has been written-Judge can give additional assurance in the O'Neall might have drawn valua

ble material for a more extended sufficient fullness. A volume could notice of our first grand Justiciar. But, after all deductions, he was a great man. He was a principal actor amid the most interesting scenes of our history, and there is no doubt, that under the providence of God, his very failings were made to contribute to our higher glory and more rapid development. His Honor has fallen into an error in respect to the time when Trott died; and, if we are not mistaken, has not given the date of his birth. We beg leave to supply the deficiency. The Carolina Gazette, in a notice of his death at Charleston, states he was born January 19th, 1663, and died January 21st, 1738, being 77 years old. We will add that Ramsay says "he died about the year 1740." We think this information of the exact dates must be regarded as satisfactory.

We will add a few words in reference to the other two Justices. The names of Drayton and Rutledge, are sanctified in the big heart of Carolina. The sketch of Drayton is quite meagre, but the author has not failed to render full justice to his character. The contrast between him and his predecessor, Trott, awakens in his bosom feelings similar to those indulged by Junius, when he turns to Lord Camden, after having expended his unrivaled powers of sarcasm and abuse upon Lord Mansfield. In the opening of his sketch, he declares that he turns to Drayton "with the delight with which the awakened sleeper witnesses the aurora of a bright day." To his knowledge, his independence, his integrity, his devotion to the interests of the Colonies, he bears the most unqualified testimony.

But we have now to introduce "our last and greatest Chief Justice," John Rutledge. Judge O'Neal presents him, perhaps, with

have been written, for his public service in the various stations to which he was called, embraced a period of thirty years. He filled all the chief offices of the State, and was, finally, appointed by President Washington Chief Justice of the United States. Whether in the Court-room, in the Halls of Congress, in the Executive Chair, or in the Convention of the people, whether in the discharge of the various and multiplied duties of the Chief Civil Magistrate, or of the more perplexing offices of a great Military Dictator at a period of peculiar peril, he was adequate to every emergency, and exhibited wonderful ability. Judge O'Neall, in concluding his sketch, remarks that "he was a fascinating companion, one of the most striking orators who ever spoke in South Carolina, or in the Union, an honest man, a fearless patriot, a wise statesman, a pure, just, well-informed Judge. Few men have lived who were greater than John Rutledge, and few will ever live who can excel him."

Our limits will not allow us to allude even to the eminent Judges, Chancellors, Recorders, United States District Attorneys, Solicitors, and Members of the Bar, who have been sketched in these volumes. This we regret, for could we do so, we feel assured that we could exhibit a roll of legal gentlemen second to none in our Union. We will refer to a few, for the double purpose of introducing to the reader some of the most eminent, and exhibiting the author's power of delineation. "Daniel E. Huger!" At the call of that name how fresh is memory with the recollections of his many high and noble qualities! As we are about to close this sketch, his erect and manly form is distinctly before us.