USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 18
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For three years as a Circuit Judge, he held the scales of justice with a steady hand. In that time many of his deci- sions were the subjects of discussion and review in the Court of Appeals, and generally received the approbation of that Court. In that time, he had passed all over the State, and all the people had witnessed his prompt despatch of business, his kind and courteous demeanor in Courts, had admired his beautiful elocution, and his almost unerring judgment. Everybody who knew loved Betty Martin. Returning from Court at Horry, Fall of 1833, he lay down to sleep in Jones'
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Hotel, Charleston, and the next morning was found a corpse. Thus in an instant of time, in the sleep of the night, his spirit escaped from its earthen tabernacle to be clothed with immor- tality. To his devoted wife and children it was indeed an unsurpassed affliction, when, instead of meeting his joyous and, to her, beaming face, they were crushed with the words, "Judge Martin is dead !" All over the State the intelligence fled with rapidity, and carried everywhere sadness and mourn- ing. I was holding the Circuit Court for Newberry, in the place of one of my brethren, when it became my duty to say to the Bar and to the community, that my brother and friend, their loved and revered Judge, was no more. His gifted suc- cessor, Judge Butler, moved the resolutions, paying a just tribute to his memory. His widow, his four children by his first wife, and two by the last, survived him, (only one of whom now remains.) His remains lay in St. Michael's Churchyard.
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BAYLIES JOHN EARLE.
Judge Earle was born 24th January, 1795. He was a graduate of the South Carolina College. He received, in his 17th year, the first honor of the talented class of 1811. His rival, Wm. Arthur, who received the second honor, was one of the finest declaimers to whom I ever listened. John G. Brown, Robert A. Taylor, Rich'd J. Manning, John Buchanan, John Carter, John R. McMillan, Dr. Thomas Smith, of Society Hill, and the Rev. Sam'l B. Lewers, members of that class, were no common men. John G. Brown was afterwards Secretary of State, one of the trustees of the College, a mem- ber of the House of Representatives, and President of the Branch Bank. Robert A. Taylor was a good lawyer, a mem- ber of the House of Representatives. Richard J. Manning was a member of the House of Representatives, Governor of the State, and died universally beloved and lamented, a member of Congress. John Buchanan is now an eminent lawyer; he has been a major general and senator, and is now a trustee of the College. John Carter was a lawyer and member of Congress. John R. McMillan was one of the most accomplished orators of his class. He died young. Dr. Smith is a trustee of the College, and is well known as one of the ablest practitioners of the healing art. The Rev. Samuel B. Lewers was a most interesting and successful preacher of righteousness, and teacher of temperance.
Among such men, it was no little honor to be first in Col- lege, and especially at so early an age. He studied law at Greenville, and in the meantime performed a tour of six months' duty as a soldier, in the cavalry under the command of Captain Kelly, in the Creek Nation. He was admitted to the Bar in April, 1816 ; and commenced a course of success- ful practice in the mountain districts. He was returned a member of the House of Representatives in 1820, and was elected Solicitor of the Western Circuit in the place of Warren R. Davis, on the expiration of his office in December, 1822.
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Meeting Judge Earle at Laurens, one of the Courts of his Circuit, at every term, and riding the Circuit with him after I became Judge, I had occasion to test his powers. He was remarkable for the accuracy with which he prepared his cases, and managed them in Court. His arguments were plain, perspicuous and most cogent. Few, very few, escaped con- viction while he held the Solicitorship ; yet he never prose- cuted with that apparent overwhelming zeal which sought a conviction at every hazard. He sought truth, and enforced its consequences in a calm and temperate manner. To his admirable preparation of the indictment, arrangement of the proofs, and his unanswerable argument, was to be ascribed the convictions of Sims for the murder of his father. 2d Bail., 32.
In December, 1830, he was elected a Circuit Judge; as I have already said, and discharged his duties to the satisfac- tion of every one. The various cases which he decided, will be found in 2d Bail .- 1st and 2d Hill. His Reports evince his clear perception of the facts and the law, and present the cases in a way, not only worthy of commendation, but of imitation. The General Assembly, at their session of 1835, abolished the Appeal Court and made the Judges of the Law Court both Circuit and Appeal Judges in Law-and also with the Judges of the Court of Equity, Judges of the Court of Errors. Here again Judge Earle was tried and not found wanting. Here I select his circuit opinion in the case of the State vs. Wells, 2d Hill, 687-and his opinion in the Court of Errors, in the State vs. McBride, Rice, 400-(in both of which cases I was opposed to his conclusion)-and his opinion in the Court of Appeals in Law, in the case of Moore and Nes- bitt vs. Lanham, 3d Hill, 299-as striking evidences of his ability.
In 1841, he began to give evidences of his decline; in the next year, he suffered a paralysis ; in December, 1843, he resigned, and in the next year, 24th May, 1844, he ceased to be numbered among the sons of earth. No finer specimen of a man, personally, ever met my eye. His fine complec- tion, well formed face and intelligent eyes, with a vigorous
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form, all set their seal upon him as a man. He had a noble intellect. His graduating speech on the character of Cicero, and his valedictory addresses, would have done honor to any man, much more so to a mere boy not yet seventeen. His mind was clear as crystal, and had nothing like confusion. He was timid in stating his conclusions, but when arrived at they were defended with an ability which I have never seen surpassed on the Bench. Most of his opinions in 3d Hill, Dudley, Rice, McMullen, Cheves and Spear, were written at the close of the respective terms, and at one prolonged sitting. Strange to say, his opinions will be found to have been written without an erasure or interlineation from beginning to end. He was not, however, calculated to figure in popular assem- blies. He was no declaimer, and spoke badly, unless he was fully prepared. Take him, however, all in all, few men were his superiors ; and as a Judge, he was acknowledged, and ought to be remembered, as able, pure and just.
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ANDREW PICKENS BUTLER.
Judge Butler was born on the 19th of November, 1776, and died the 25th day of May, 1857. He was the fifth son of the late Gen. Wm. and Mrs. Behethland Foote Butler. He was the survivor of their eight children. His father and mother were distinguished in their day and time. Gen. Butler was a soldier-a captain-in the war of the Revolu- tion. He often led, after the murder of his father and brother, in the pursuit of the bloody scout, and once, if not oftener, he pursued alone, William Cunningham, his outstretched sword literally thirsting to avenge their blood. Gen. Butler was a member of the Legislature in South Carolina, Major General of the First Division of South Carolina Militia, and a member of Congress for many years. He commanded that division of militia called into the United States service at Charleston during the war of 1812. The various duties of these offices he ably and faithfully fulfilled. His son, Judge Butler, told me that his father spoke rarely of the Revolu- tionary difficulties in which he had been involved, and often said to his sons he did not wish them to know the deep causes of hatred which were then engendered. He died soon after his noble son, Major George Butler. Mrs. Butler was an extraordinary woman. She lived to the great age of eighty- six years. I saw her shortly before her death. She had her faculties all about her as well as she ever had them. In 1850, when the war of words about secession was filling many a stout heart with alarm, she said: “Gentlemen, I have seen two wars-I never want to see another !" During her hus- band's absence from home on public duty she managed their farm, and did the double duties of master and mistress. Her children she reared in devoted obedience and love. Never have I seen a mother more worthy of her illustrious children than she was. How much they owed to her cannot now be known. She entertained the belief that she was to outlive all her children. Nearly, very nearly, did that happen. One
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by one she saw them go down to the grave, until one only child, Judge Butler, remained. When Col. Butler fell on the bloody field of Churubusco, and his death was soon after followed by her matchless daughter, Mrs. Emily Thompson, it seemed to me as if the good old lady must, heart-broken, yield to the pressure and pass away. But with Roman forti- tude she bore up, and life only yielded to the lapse of time. Of her I would say, in the inspired language of Solomon, " Many daughters have done virtuously, but thou excellest them all."
Andrew Pickens Butler, after having the benefit of an education in the primary schools of his neighborhood, re- ceived the great advantage of Dr. Waddell's instruction in the Academy; and in 1817 (December) graduated at the South Carolina College. He had the good fortune to receive the impress of Dr. Maxcy, in this last preparation for the practice of an useful life. His graduating speech I well recollect. I then saw him for the first time. His peculiar appearance, arising from his agitated eyes, attracted my atten- tion. I little expected to hear, as I did, a speech characterized by sound, manly sense, clothed in beautifully appropriate lan- guage.
He studied law-was admitted to the Bar in December, 1818, and settled in Columbia. He was, I think, engaged in the unsuccessful defence of Jesse Howel, in the case brought against him by Col. David Myers for slander. The Court for Lexington sat then at Granby. His brother, Major George Butler, and John Caldwell, were often employed on opposite sides of cases there tried. They had a case of slander. Pickens (I thus call him by the familiar second name by which he was khown,) took part with his brother for the plaintiff, and spoke in something like this strain, that "just beyond the Congaree, as her blue waters would testify, a verdict had just been rendered for $3,000 in a similar case, and he hoped that the Jury would follow the example." Mr. Caldwell, in answer, said: "The blue waves of the Congaree would roll back in astonishment at such a verdict !"
Soon after the death of his brother, he settled permanently
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at Edgefield, and there had, with Gen. Thompson, and after- wards with Nathan L. Griffin, Esq., a lucrative practice. He followed up at Lexington the beginning of his practice at Granby, to which I have alluded. There many an amusing incident occurred between him and John Caldwell, Esq. I can only venture to state one. Mr. Caldwell's partner was William Jones, (the poet of the South Carolina College, in the class of 1808.) He was, in the language of a good old man, who thus characterized his son, " not much of a lawyer." He had issued a writ in trover, against a defendant of the name of Ezekiel Ables, for the conversion of a rifle gun. He and Mr. Caldwell concluded, on grave consultation, that various counts must be put in the declaration. They counted in trover, detinue, trespass and covenant. When this declara- tion was presented to Butler, he said : " Mr. Caldwell, I must demur !" "Demur !" retorted Caldwell ; " who ever heard of a demurrer at Lexington ?" " Well," said Butler, " I will call my client, and see what he says." He accordingly called him. When he came in he gravely read to him the declara- tion, and said : " Now Zeke, you must plead to it." "Col. Butler," said Zeke, (who lisped,) " I doth not know how." " Tell me," said Butler, "and I will write for you." He had already written, "And the said Ezekiel Ables, by A. P. Butler, his attorney, comes and defends the wrong and injury when, &c., and says," Zeke said, put down "he does not owe the thaid plaintiff one thent, but, on the contrary, he oweth him conthiderable !" Down went the words, and the plea concluded, " and of this he puts himself on the country." The similiter was joined, and the case was placed on the issue docket. After many terms delay it was settled by arbitration. At Orangeburg, where Butler had a large prac- tice, he and his class mate, Judge Glover, had many passages before Judge Gantt, whose humor shed a gleam of light in many a Court House. The Judge had, however, a great horror of a land case, especially when illustrated by a large plat. He had been worried for a great while by one, in which Glover and Butler had often had occasion to refer to a plat, which he called the map of the United States. At last, Butler,
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observing that one of the Jury had left the box, said : "May it please your Honor, one of the Jury is gone." Said the Judge : " Is that all ? I wish I may die, if I don't wish I was gone too !"
At Barnwell and Newberry, Butler had a large practice. He was a successful practitioner. He understood the strong points of his cases, and he wasted no time in attention to any others. He knew well the secret of examination in chief, to quit the moment you extract the fact you wish, and on a cross-examination not to push a credible witness too far. One of doubtful credit, he well understood might be demolished on a cross-examination. He spoke plainly and forcibly at the Bar. His illustrations were drawn from home scenes which every Juror well understood. For example, he said, in a capital case, which he was managing for the State, that the counsel for the defence, who was remarkable for cap- tiousness, put him in mind of " a blind game-cock in a ring, striking all around him, without knowing at what he struck." Of another, who was remarkable for now and then making a successful hit and often recurring to it, he said, he put him in mind of a cur dog, who would start a rabbit out of a brush heap, and run it off, he was sure to come back and bark all around it, confident that there must be another in it."
I have seen it stated that Judge Butler went into the Legis- lature about the beginning of the party difficulties in South Carolina. This is a mistake. He went there as early as 1824, when the State followed the doctrines of Mr. Calhoun, Mr. McDuffie and others, in reference to internal improvement. In 1825, Judge Smith overturned the doctrines of Judge Prioleau's report of 1824, and predicted of it the State rights doctrines of that day; in the discussion of which Judge Butler and myself were arrayed against the resolutions of Judge Smith, and on that occasion Judge Butler made a strong speech against the political doctrines which were then beginning to spread from the head of the College, and in which he declared himself to be " the last of the Mohicans."
In December, 1824, Butler, W. C. Preston, John G. Brown, Robert A. Taylor, W. K. Clowney, Thos. Taylor, Paul Fitz-
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simmons, F. H. Elmore, John P. Richardson, and another, became the aids of Governor Manning, and were a part of his brilliant cortege, which attended General LaFayette on his visit to this State in March, 1825. When the General was received, on the right of Camden street, Colonel Butler galloped to the right of the line, and extended an order to Lieut. Colonel Gregg, calling him Major, "Colonel Gregg,' was the proper military correction, which Butler instantly adopted, and received the reply, "It shall be done." At that instant, the caution was heard, "take care; " and on looking around, Colonel Butler's horse was standing perfectly erect. He quietly slipped off, and when the animal resumed his proper position, he remounted. From 1824 to the close of 1833, Judge Butler was in the House of Representatives, or Senate, from Edgefield. In 1827-'8, he was one of the com- mittee charged to inquire whether Judge James should be removed from the Bench. The committee, after a tedious examination, reported articles of impeachment, which were voted by more than two-thirds of the House. He was one of the committee charged to carry up to the Senate, and there prosecute the articles. This was successfully done-the Judge was removed. Many tears fell as he read his submission to the sentence. Mr. Alfred Huger, as soon as the House returned to their chamber, moved the presentation to the dis- missed Judge (who had once stood side by side with Marion) his salary for 1828; it was carried unanimously ! He was one of that majority in the House of Representatives, who, in 1827, voted for the appropriation of $10,000 for Mrs. Randolph, the daughter of Jefferson. From 1838, began to gather the cloud of political differences, which long darkened the prospects of South Carolina. Judge Butler went with the party who favored Convention, and who followed it with Nullification. It is not for me to speak of the events which followed. They are past and forgotten in everything which was to blame. If any one was in error, South Carolina has long ago forgiven it.
In November, 1833, came the mournful intelligence of the obscuration of one of South Carolina's lights, the death of Judge Martin. Judge Butler, destined to be his successor,
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moved at Newberry, in term time, before me, the resolutions of mourning and lamentation, which gave utterance to the feelings of the State.
He was elected by the Legislature a Circuit Judge, in December, 1833, and on the adjournment of the Legislature qualified and entered on his duties. He held his first Court in January, 1834, in the city of Charleston.
In December, 1835, the separate Court of Appeals was abolished, and Judge Butler became a Judge in the first and last resort. The office of a Judge did not, in the beginning, suit Butler very well. He was better qualified for the duties of an advocate or of a politician; but he soon accommodated himself to the severe duties of a Judge. Once and awhile his love of humor broke over all restraint, and a Court room burst into a roar of laughter, as it witnessed some corruscation of his wit.
His duties on the Circuit and in the Appeal Court were well performed. Many of his opinions will bear comparison with any which were delivered during the eleven years he was in the Court of Appeals. I cite the State vs. Ancker, (1 Rich- ardson, 245,) and ex parte Leonard, (3 Richardson, 111,) as specimens of his judicial arguments.
In December, 1846, he was elected to the Senate of the United States. That he left the Bench with regret, and that he often looked back to it with a wish to return, are facts which I know both from verbal and written communications.
On his way to Washington he narrowly escaped ship- wreck. In January, 1847, he took his passage from Charles- ton to Wilmington. The steamer was overtaken by an awful storm, which left her an unmanageable wreck. She had been out for forty-eight hours, when she ought to have made her trip in less than twenty-four. She was rolling in the trough of the sea after the storm had ceased. The captain gave her up as lost. This fact was communicated to Judge Butler. He desired that passengers and all on board should be called forward. He stated the sad fate which was before them, and desired that each and every one should be made known to one another, so that if any ever reached the land,
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he, she or they might state the fate of the others. An elderly negro woman (the stewardess) said: " Old Master this is no time for introductions-you had better pray." He said “I cannot, but old lady if you can pray, do so." She instantly knelt down and poured out a fervent prayer. Almost as soon as it ceased, the lights of the steamer sent out from Wil- mington in search of them, were seen bearing down to the rescue. The boat and her passengers and crew were saved. His sister, Mrs. Thompson, (who was a member of the Baptist Church,) remarked to the Judge, after he had narrated the circumstances to her-" Brother Pickens it was that old wo- man's prayer which saved you !" It was a fine thought, well placed before his mind, and I have no doubt he gave it often deep and serious reflection ; for I have occasion to know he was intimately acquainted with Bible truths, and even with words which are often quoted wrong.
He began his duties as Senator in Congress in 1847, and continued in their discharge until the close of the extra ses- sion in March, 1857. He then returned to his home to linger and die.
It is impossible, in such a state as this, to speak of his great Congressional labors as they deserve. It will be recollected that he paid in the Senate Chamber the last sad remem- brances to his colleagues, Senators Calhoun and Elmore, That to Calhoun was, I thought, remarkable for its propriety and eloquence-it was a great occasion well met.
He was for many years Chairman of the Judiciary Commit- tee. Its responsible duties he ably discharged. His speeches in Congress have been read by all ; they always sustained the rights of the South. In 1850, when secession burst upon South Carolina, Judge Butler did not favor it-he was for a Southern Congress; and in 1851 and 1852 he met the issue, and South Carolina sustained him.
Judge Butler was twice married. His first wife, Susan Anne Simkins, the second daughter of Col. Eldred Simkins, in a few months after marriage he followed to the tomb. His second wife, Miss Harriet Hayne, the daughter of Wm. Ed. Hayne, Esq., of Charleston, he, soon after the birth of their
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only child, (Mrs. Haigood, of Barnwell,) saw languish and die. He ever after lived a widower. His mother and sister took charge of his lovely child. At his house was seen the venerable face of his mother as its mistress-her unexampled fortitude and cheerfulness sustained him in the dark hours of sorrow for the loss of wife, brothers and sister.
But I must pause. You all, my readers, knew Judge Butler. You have often joined in his merry laugh-you all remember his florid face-his head of snow-his dancing eyes and his manly form. But you do not all know that which distin- guished him more than most men, his kind heart. No man was ever more devoted than he was to his mother, his child, his sister and brothers-no one ever was a truer friend. Dis- tress never sought him in vain. He despised a mean action, and the rod of cruelty or oppressisn, he was ever ready to turn aside. He pitied more than he despised his enemies. He was a just, honest, good man, in all the relations of . pri- vate life. In public life, he aimed to do right; and he sus- tained his purposes by well directed actions and words. He was not what may be called an eloquent man ; but he thought right, and he spoke as he thought-sometimes, and indeed often, he gave utterance to sublime thoughts in impassioned eloquence.
This able servant of the people is no more! He has been called away when few were prepared for it. His well spent life will be his epitaph, and entitles him to live in the memo- ries of us all :
Statesman, yet friend to truth ! Of soul sincere ; In action faithful, and in honor clear ; Who broke no promise, served no private end ; Who gained no title, and who lost no friend.
Ennobled by himself, by all approved.
Praised, wept and honored by him he loved.
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ROBERT BUDD GILCHRIST.
Judge Gilchrist was the son of Adam Gilchrist, a merchant of Charleston, and afterwards President of the Branch of the Bank of the United States, in that city. He was born in Charleston, the 28th September, 1796, and as in his early youth he was rather of delicate health, he was sent to Morristown, New Jersey, that his constitution might be strengthened and his education promoted. He there prepared himself, and entered Columbia College, New York. A short time before his graduation at that College, however, he took his dismission, for the purpose of entering the South Carolina College, the Junior Class of which he entered and took his degree of A. B. in December, 1814, and his degree of A. M. in December, 1817. In 1814 he applied for, and would have received, a commis- sion in the army, but peace was soon after declared, and his plans were necessarily changed. He next desired to study medicine, and with that view made frequent visits to the room of his friend, Dr. Holbrook; but it was not long before he became dissatisfied with it, and made up his mind to devote himself to the legal profession. He studied law in the office of K. L. Simons, Esq., and was admitted to the Bar the 20th January, 1818.
He was associated in the practice of his profession with his brother-in-law, John S. Cogdell, until, upon the retirement of the latter from the professions to the Custom House, the whole business devolved upon Mr. Gilchrist. On 23d Dec., 1826, he was elected Captain of the Washington Light Infantry, a position which he held for several years with the most com- plete success-serving in that capacity through all the stormy times of 1831 and 1832. In 1827 he married his cousin, Miss Mary Gilchrist, of New York, after an engagement, necessa- rily deferred for several years, but which his practice, now become lucrative, enabled him to fulfill. In 1830 began the exciting time of Nullification. On the death of John Gads-
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