Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1857-06-04
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From the South Carolinian.
FHELAW BENCH OF s. CAROLINA,
BY HON. ]. D. o'NEALL.

Extracts from an Address delivered Delore the
Columbia Atheneum.
Although my purpose is merely to speak
of the Judges who were, and are not, since
Icame to the bar, T trust I may be pardoned
in stating the little knowledge, traditionary,
in great degree, which have of Chief
Justice Rutledge, Judges Burke, Trezevant
and Wilds. Chief Justice Rutledge was
one:of the most gifted men who ever figured
in South Carolina. His eloquence was ca
pable of and did take the first place in that
great Revolutionary Congress, which met at
Philadelphia, and led the way to the great
struggle which resulted in independence. I
have always understood he was of Irish de-
scent, was educated as lawyer at the Tenn
plei in Great Britain. I see that in 1854 he
was Attorney General pro tenn. History tells
us he was one of the matchless spirits who
led South Carolina up to the resistance, and
finally independence. He was the President
of South Carolina at the attack in June, rs,
on sullivap's Island. In rs he resigned,
and was subsequently elected Governor, and
keld that Office when Charleston fell, in May,
1880; and from that to the close of the Re.
yolutionary struggle-to that bright day
when the British left the lines of Charles
ton, retired to their shipping, and General
Green and his war-worn veterans and the ex-
lied citizens entered Charleston, and were
welcomed by the waving handkerchiefs of
Cardinals daughters, and their weeping but
rejoicing voices as they cried, "You are acel-
come home, gentlemen" He was the dicta-
tor of South Carolina, charged, as Rome's
dictators were, to see that the republic took
no harm. This arduous duty he performed
in exile and in danger. He was commission
ed immediately after the close of the Revo-
luton, in 1884, as Chancellor. As soon as
the Constitution of the United States went
into operation, he was appointed one of the
Justices Of the Supreme Court. On the 10th
February, 1871, he was elected the Chief
Justice Of South Carolina, and was the last
who ever filled that highest judicial Office.
With Burke, Grimke, Waties and Bay he
laid the foundation of that noble common
law temple, which year after year has been
builded upon, until now it commands the
respect of all our sister States. They carried
it into that principle Of honesty which de-
clared that sound price warrants sound
commodity, and which has been the subject
of praise or censure as n'ssastes led him
to be honest or cunning,
My belief is that no principle in the whole
body of our law has done more to elevate
our people and give the character to South
Carolinaa that they are above the tempta-
tions of fraud, than this very doctrine of
sound commodity. Chief Justice Rutledge
was one of those convivial spirits who min
gled in the frolics of the bar at '96, and the
other District Courts, where Carnes' wit ru.
led and rioted in wild luxurance. On one
occasion, at the opening of '96 Court, he en-
tered the Court room an hour later than the
proper hour. As he took his seat, the Grand
Jury presented his Honor for being too late.
He quietly said: "Mr Clerk, hand me the
presentment And running it into his
pocket, he turned to the Grand Jury, and
said, in his blandest manner: "Gentlemen, ]
would have you to know that it is never 10
o'clock till lam IN Court"
ssIn '95 he resigned, to take post as Chiet
Justice of the U. States. He died in 1900
What sad commentary it is upon poor hu
man pature, that such light should be OBJ
scured, and literally blotted out, before life
ceased.
Aedanus Burke was an Irishman, educa
ted at St. Omers for Priest. He in the vi
cissitudes of an Irishman's life, came to th'
West Indies, thence to America, at the com
mencement of the Revolution, in which HI
volunteered to fight for liberty. He was ;
Major in the Revolutionary army, as have
always understood. He was elected Judg'
of South Carolina in ITS. Whether hi
military service was before or after, do no
know. He was, however, beyond all doubt
one of the Jud dges of the State two years be
fore Charleston fell. Of him as Judge ant
man, there are more anecdotes than per
haps any other. That he had military turl
is plain from his participation in the duello
as it is now fancifully called. In '99 he ac
companied Col. Burr to the field, as his Sc
cond in an affair with John B. Church, Esq.
and on that occasion he was the cause. 0
more laughter than blood Col. Burr's pis