that one-third of the lawyers die young, one-third drop out of the profession, and the other third rule the country; there is much truth in this statement.

"All my life long

I have held with most respect the man

Who knew himself and knew the ways before him;

And from amongst them chose considerately

With a clear foresight-not a blindfold courage,

And having chosen, with a steadfast mind pursued his purpose."

We are very grateful for the valuable assistance rendered by our friends in this work.

U. R. BROOKS.

THE SOUTH CAROLINA JUDGE.

(Spartanburg Correspondent in the News and Courier of July 2, 1901.) Dr. Carlisle made a most interesting and suggestive talk to the teachers Saturday evening, his subject being "The South Carolina Judge." It did not seem a very attractive subject for teachers, three-fourths of them being women and no path blazed out from the teacher's desk to the bench. But he was especially interesting in holding up and illustrating the dignity, the integrity and the incorruptibility of the South Carolina judges.

He said that in May, 1842, a body of students might have been seen walking Main street, in Columbia, and turning in at the court-house, where the Court of Appeals was sitting.

It must be remembered that the Court of Appeals was made up of the circuit judges sitting together twice a year. In 1842 those students saw the following judges, with their gowns on, sitting in the Court of Appeals: Richardson, O'Neall, Evans, Earle, Butler, and Wardlaw.

The chancellors at that time were David Johnson, John Johnson, Dunkin, and Harper. These names and the memories of this distinguished body of men are preserved only in "O'Neall's Bench and Bar," the "Sketches by Governor Perry," and in a few memorial pamphlets. But it is not the men that are to be considered, but the dignity, the influence, the conservative power of the office that rises above the individual. These are some of the characteristics of the old judicial system.

The judges were chosen by the General Assembly, and their office was for life or good behavior. This made them independent. While their salaries were not large, they afforded a competency for ordinary wants. The law was that salaries could not be changed during the tenure of office. So it perhaps happened that one of the judges would receive $2,500 and some of the others $3,000. If a law was passed raising salaries it did not apply to those in office.

The only way out of that was for a low salary judge to send in his resignation, which would be promptly accepted, and then he would be reëlected at once and draw the salary then in force.

w

There is only one instance of a judge resigning in order that he might draw a larger salary. That was Judge Huger. In no case where a judge sent in his resignation did he fail of reëlection. In a few instances there was considerable opposition.

When Daniel Huger, after he had settled down, considered his outlook in life, he came to the conclusion that only two roads were open to him. He must either lead the life of a planter or study law. He chose the latter course, was elected judge and United States senator. * * *

Being an ardent Union man, he resigned his seat in the United States Senate to permit Calhoun's election.

The judges borrowed the gown from England, for South Carolina was closer to the mother country than any of the States. Rich men would send their sons back home to be educated. By that association the gown and the sheriff, with cocked hat and sword escorting the judge to and from the court-house, became customs here.

One hundred years ago lawyers wore gowns. In the old days the greatest deference was paid judges. The fraternal feeling, the spirit of the body, was marked. The judges met in Columbia twice a year. They boarded at the same house, not at a hotel, but a private house, and that brought about a close relationship. Judge O'Neall never spoke in private conservation of Judge Richardson, or any other judge, but it was "my brother Butler, or Wardlaw."

In 1845, after an earnest debate, a law was passed limiting the term of a judge, so that when he reached sixty-five years the office would be vacated. While that law was signed by the Speaker of the House and President of the Senate, it never became operative. But after that an effort was made to get Judge Richardson out of office on account of weakening and failing mental powers. The only way to accomplish that was by impeachment, so he was impeached and defended his own case.

When the Senate had assembled to try him the President, W. F. Colcock, rose and said that they would hear what Judge Richardson had to say. The Judge had a table and some books on it in the aisle of the Senate Chamber. He arose and made such a clear, logical, forceful argument that the Senate was convinced that his mental powers were all right and the impeachment failed.

In the colonial days no unworthy judge was sent out from England.

Judge Grimke was impeached in 1811, not for want of integrity or ability, but because of his rude and overbearing spirit.

There was an impeachment in 1830. Judge William Dobein James had been on the bench thirty years, and had yielded to subtle, overpowering, debasing appetite for strong drink. He had reached a point where he could not resist the temptation. While the office was vacated, resolutions were passed endorsing the integrity of the unfortunate judge. Since that day several judges have approached close to the danger line.

No judge has ever been impeached for corruption in office. There were able lawyers in the State who could not accept a judgeship.

James L. Petigru belonged to that class. He needed more money than the salary given to a judge. Judge Longstreet, of Georgia, though not a member of the church, opened his court with a short prayer. There is no recorded instance of a South Carolina court being thus opened.

Dr. Carlisle alluded to the three judges who have recently died and said that the breed of noble men and just judges had not died out. When England's king dies, immediately the proclamation is made in due form, "The king is dead, long live the king!" Let this be the earnest wish and prayer of every citizen when South Carolina judges pass away: "Let this judge or that one die, but long live the South Carolina judge."

OPENING COURT WITH PRAYER

A CORRESPONDENT CITES THE PROCEEDINGS AT THE OPENING OF THE FIRST COURT IN THE PEE-DEE IN 1772 AS PROOF THAT JUDGE LONGSTREET IS NOT ENTITLED TO THE CREDIT OF HAVING

ORIGINATED THE CUSTOM IN THIS STATE.

To the Editor of the News and Courier:

We see that Dr. Carlisle, in his talk to the teachers at Spartanburg on "The South Carolina Judge," spoke of Judge Longstreet, of Georgia, opening his court with prayer, and remarked that "there is no recorded instance of a South Carolina court being thus opened."

I ask attention to a few words from Bishop Gregg's "History of the Old Cheraws" in this connection. On page 196 we read as follows: "On Monday, 16th of November (1772), henceforth to be a day memorable in the history of the Pee-Dee, the court was to open at Long Bluff." Long Bluff is in Darlington county, near Society Hill, on the Pee-Dee river. Speaking further of this "memorable day," when the court was to have its first sitting among the people of the Pee-Dee, the historian says: "Happily for them and for their children, the administration of justice in their midst on so august an occasion was not to commence without first invoking the blessing of Heaven and recalling the sanction of that holy religion established by Him who is the Lord and Judge of all the earth. In attendance, therefore, with the pious custom of the time, a 'sessions sermon' was preached on the morning of the 16th, before the opening of the court, by the Rev. Nicklas Bidgood, pastor of the Welch Neck church. The thoughts of all present were directed to a judgment in the end of the world from which there is to be no appeal." Then, further on in the same book, we read of the convictions and sentences at this first court on the old Pee-Dee: "Jacob Tilley, convicted of horse stealing, was sentenced to thirty-nine lashes and to have his right ear cut off. Randall Johnson, convicted of larceny, was burnt in the hand." And further on we find Macallistre, found guilty of forgery, and was "sentenced to stand in the pillory and to be publickly whipt."

* * *

It is of interest to note, too, that at Long Bluff a court-house, a gaol, a pillory and a whipping post were put up.

Dr. Carlisle did well in selecting the theme he did for our teachers. Our own State history is certainly full of facts of much interest and of profit for us to know.

Darlington, July 2.

J. J. D.