The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1912-12-04
CBy w. W. Bradley

Before giving the names OF those
who have filled the high office OF
Chief Justice in South Carolina, we
will state a few facts, relative to the
judicial history of our State.
In its early history the Court OF
Law or General Court rs it was call
ed was confined to Charleston, where
justice was dispensed by the Chief
Justice and Assistant Judges.
In 1871 a Court Of Record by the
name and style of the Court of Cen
eral Sessions of the Peace, Oyer and
Terminer, Assize and General Gaol
Delivery, was established and directed
to be held at Charleston, before the
Chief Justice and two Assistant Judg-
es. Its jurisdiction was declared to
be, in all causes or matters, capital
or criminal, arising within the prov
ince. Previous to this, to-wit: In 1725,
county and precinct courts had been
created, but they were superseded by
a Court of Kings Bench and Common
Pleas. In 1886, the authority OF the
latter was extended to the whole
State. Judge Brevard, in describing
these courts, in the introduction to
his digest, said:
Great oppression and %inconVen-
fence was felt by the people living re-
mote from the seat of justice, by par
ties, witnesses and jurors, who were
obliged 70 attend the court and es-
pecially by suitors and prosecutors,
who were often worn out by the laws
delay insulted by the insolence Of Of
flee, and ruined by costs and eXpen-
ses, most unreasonably incurred and
most cruelty eXacted."
The Regulation" an association OF
reputable planters, took the matter in
hand and enforced order, by a system
Of lynch law. The lash, applied to
every disorderly inhabitant OF the
districts above Charleston, corrected,
in some degree, the abuses, and I'm
ally caused the organization OF the
circuit court system of 1869, whereby
the courts were directed to be held al
Orangeburg, Ninety-SiX, CheraW,
Georgetown, Beaufort and Charles
ton. This system was in force at the
beginning of the Revolution, and con-
tinued until the circuit court system
of 1888.
It is not generally known that the
Governor, at ore time, exercised lur-
isdiction in matters OF equity. Inc
court Of equity began with the govern
or and council. Three judges were at
forwards clothed with the Jurlsdlc'
ton: and finally. in 1903, two addition.
al Judges were appointed, and a cour
of appeals in equity was established
This persisted in 1924 and the whole
appeiatc jurisdiction in law and equit'
was vested in TIE separate court O
~apnea!s. Two chancellors were charg'
cd with the equity jurisdiction on CIR
cut. This. in the great changes O.
1S35-G, underwent another reVolutlo!
and the eqnity jurisdiction. in the mrs
rnd last resort. was vested IN tou'
inGqcs. called chancellors.
The following is the list Of Chie
Justices prior 10 the adoption OF thE
United States Constitution in 1883:
Edmund Rohun-Appointed in lG9t
and died during that year.
Robert Gibbes-About 1908.
Robert Daniell-Date Of commission
unknown.
Nicholas Trott-About the years
7712-1719. He was also Judge of thf
Provincial Cnnrt of Vice-Admira!tv IL
1915. In O'Neall's Bench and Bar
there is an exceedingly interesting
charge. delivered by him to the eranF
irrv on the law Of piracy, which was
then unite common.
Richard Allen-Chosen by the legis
lature in place Of Nicholas Trott, who
wns superseded.
Thomas Fepworth-Date of COM
r-i~rion unknown.
Charles HiM-Date of commission
unknown.
Robert Wright-Appointed in 1880: