USA > South Carolina > Biographical sketches of the bench and bar of South Carolina, vol. I > Part 28
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Colonel W. Drayton, soon after, entered the firm, and he con- tinued with these gentlemen until he was admitted to the Bar, about 4th January, 1808, when Colonel Ward, soon after retiring, he formed a partnership with Colonel Drayton, which continued until the latter entered the army of the United States in 1811 or 1812. Mr. Prioleau then practiced alone, and, from his perseverance and attention to business, early took a favorable position with his professional brethren, and com- manded a large business from his friends generally, but more especially from the mercantile gentlemen, particularly the houses of Gibson & Broadfoot, Adam Tunno, Bailey and Walter, and others equally established, who, from his previous acquaintance with commercial transactions and accounts, and intimate knowledge of risk, and law of insurance, consulted him on every occasion. This confidence, of course, not only raised him in the estimation of the community, but afforded him a large and steady income.
In 1820 he was sent to the Legislature of the State, and continued, after repeated elections, a member of that body for several years-having among his associates many of the most respectable, learned and able-as the Hon. J. B. O'Neall, John Gadsden, Thomas S. Grimké, William Crafts, Keating L. Simons, and other distinguished gentlemen-with all of whom he was most intimately connected .* In 1824 Mr. Prioleau was elected Intendent of the City of Charleston, and on the resignation of Colonel William Drayton, was appointed by the Council, Recorder of the City, which office he held until 1836,
* When the "bill to prohibit Sheriffs and their Deputies, under certain penal- ties, from purchasing executions lodged in their offices, and for other purposes," was on its second reading. December, 1823, Judge Prioleau and myself were standing together. A bill to exempt certain articles of property from levy or sale, commonly called the Cow Law, had been introduced by Dr. Eli S. Davis, from Abbeville, and had been referred to the Judiciary Committee, but, had not been considered. It was too late to act on it in the committee. Prioleau said to me, let us move to add the bill to the Sheriff's bill. I assented : he moved, and I seconded, the amendment. Neither of us believed it would pass, but it was received with a favor which was overwhelming. Mr. Bethel Surant, an excel- lent, kind member from Horry, moved to add another cow. Mr. William Aiken killed off that amendment by moving to add a bull. The bill as it stands, in the 4th Section of the Act of 1823, Acts 54, passed, and has operated for thirty-six years very well.
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when, from severe indisposition, he was compelled to resign. By this lengthened sickness, he was rendered incapable of further attention to business, and his usefulness greatly destroyed. On leaving the city, he retired to the quiet and seclusion of Pendleton, where he died, in 1840.
He was twice married: In 1811 to Hannah, the eldest daughter of Major James Hamilton, of the Revolutionary army, by whom he left one son ; and again, after her death, in 1818, to Elizabeth Lynch, the second daughter of Major Hamilton, and sister of the Hon. James Hamilton. By this marriage he had four children-two sons and two daughters. His widow, one son, and two daughters, still survive. Mr. Prioleau had a fondness for literature and the arts; and in 1809, in connection with Charles D. Simons, afterwards Pro- fessor of Chemistry in the South Carolina College, delivered several lectures on Electricity and Natural Philosophy. With his friends, H. S. Legaré, William Crafts and others, he con- tributed several articles to the Southern Quarterly Review, which, at the time, excited considerable interest. He was again active in promoting the interests of science, by the active part he took in the establishment of the Medical College of this State, and by his exertions and perseverance, and almost alone amid great opposition, succeeded in obtaining its charter for the Medical Society. Upon the necessity occurring, however, to the Faculty for obtaining a separate and individual charter for the "Medical College of the State of South Carolina," he, together with the Hon. Judge Colcock, H. L. Pinckney, W. Drayton, &c., were among its first and notable trustees. He lived long enough to see this institution firmly estab- lished, and took pleasure in observing its extensive and bene- ficial influence throughout the Southern States generally.
Among other means of promoting science and the familiar interchange of opinions, he was active in the establishment of the association known as the " Literary Club," and among its earliest members we find the Hon. M. King, T. S. Grimké, John Gadsden, Right Rev, C. E. Gadsden, Samuel Prio- leau, William Crafts, &c. They held weekly meetings at their several residences, and always welcomed as guests the
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respectable and distinguished gentlemen and scholars of the day, and all strangers who were respectably introduced. We have frequently seen at its meetings several of our distin- guished men, as Hon. J. C. Calhoun, Judge J. B. O'Neall, Chancellor Harper, Judge Butler, Lieutenant Maury, and a host of others. At this day the Club continues, has its regu - lar meetings, and by its liberal feeling and general courtesy still receives and welcomes all guests and strangers.
Of Mr. Prioleau's domestic habits we have little to say : he was amiable and affectionate to his family and was endeared to them and his numerous friends. Mild and gentlemanly in his deportment, he was respected by the community, and, from his sterling worth and probity, was highly estimated.
His residence was on the present site of the Battery, and he was remarkable for his hospitality and attention. He was brought up in attendance to the Protestant Episcopal Church, was a constant and consistent worshiper, and died in its communion. He was long an intimate friend of the Rt. Rev. Bishop Bowen.
In addition to the foregoing, Judge Wall remarks that his acquaintance with Judge Prioleau began in 1822, in the House of Representatives of South Carolina. Mr. Prioleau was Chairman of the Judiciary Committee, of which he was also a member. The duties of chairman were more laborious then than now. Every report was prepared by the chairman ; to this arduous task Mr. Prioleau devoted, successfully, his unflagging energy and talents. In 1824 I was elected speaker, and appointed Mr. Prioleau chairman of the same commit- tee. In the important session of 1824, he discharged his ardu- ous duties with his usual ability. He bore a large part in preparation of the Acts "to revise and amend the Judiciary System of this State," "to amend the law in certain particu- lars," for the amendment of the law in divers particulars, " to give jurisdiction to the Judges of the Court of Ordinary throughout the State, to order the sale or division of real estates, not exceeding a certain value ; to authorize certain per- sons therein described to plead and practice as Attorneys and Solicitors in the Courts of Law and Equity in this State."
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At this session he made his celebrated report in favor of the Constitutionality of Internal Improvement by the United States, and affirming generally the doctrines of Mr. Cal- houn, Mr. McDuffie, and others, our leading politicians. Their report was not acted on at that session, but in 1825 the same subject came up, and under the report of Judge Smith the whole doctrine was reversed. See the report and resolutions in the Acts of 1825, p. 88. Mr. Prioleau was not then a member. In that year he had been elected by the City Council, Recorder. This matter is ascertained by the case of Perly, Potter & Co., vs. Legare, decided by Prioleau, Recorder, and heard in the Court of Appeals, in November, 1825. See the case cited in Tyler vs. Givens, 3d Hill, 54.
Judge Prioleau was a worthy successor to Recorder Dray- ton ; for his decisions testify to his accurate legal judgment. They will be found in 3d and 4th McC., 1st and 2d Bail, Ist and 2d Hill.
Judge Prioleau was my intimate friend, and no finer or better man ever lived. He was a perfect gentleman in his manners, habits and associations.
His death was a great loss to the whole community, and especially to the City of Charleston.
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GEORGE B. ECKHARD.
Recorder Eckhard was the son of Jacob Eckhard, a Ger- man musician, who moved to Charleston many years before the birth of the subject of this notice. Mr. Eckhard was called to the bar about the year 1820, and was associated with William Crafts. In person, he was quite diminutive and fragile-head largely disproportioned with his body; rather light complexion, and prominent features. He was not dis- tinguished as an orator. His style of speaking was logical and clear, but not at all of a nature to excite enthusiasm. His voice was. weak and harsh; but he possessed much in- genuity, and his method of speaking was of the narrative and explanatory character. No man was his superior in neatness and system. He wrote a beautiful hand, and every depart- ment of his business was arranged in the perfection of order. He soon established a reputation for strict attention to his vocation, and for integrity and punctuality, which conquered all the difficulties of want of position and high talents, and enabled him to command success where superior minds, wanting his business qualifications, failed to achieve it. He had a just and accurate way of reasoning, and an earnestness of delivery, which secured the most respectful attention. He was the idol of the German population of Charleston, as Mr. Crafts, his associate, was that of the Irish; and at one time commanded a volunteer company of stalwart Saxons-the "German Fusileers"-at the head of whom he was often observed, a pigmy among giants, comparatively. He was of extreme nervous temperament-an organization which ren- dered him quite susceptible to quick impulses. His disposi- tion was amiable and kind; and he had the prudence to govern a naturally generous heart by caution; and he could be convivial without becoming the victim of licentious indul- gence. He became the favorite of the professional circle which then ruled the Bar, and, on the 25th March, 1844, was made Recorder of the City of Charleston-a station which he
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filled not quite a year, but in which he commanded the highest approval. He fell under that blight which prostrates genius, and terminates, early in life, the career of those who labor with the brain. His physical system, worn out by long sedentary application and excess of study, had not vigor to sustain the drafts of his mind; and nervous apoplexy took him off at an age when men begin to reach the climax of honorable posi- tion. It can be said with strict truth of Mr. Eckhard, that while he did not possess the brilliancy of some intellects, he went far beyond the point usually reached by persons of his capacity and station. He was noted for his modesty, and rarely ventured to mix with the gentler sex-a disposition to which his long reserved bachelordom was attributed. The presence of a woman in his office, which occasionally hap- pened in a business way, threw him into a flutter front which he did not soon recover; and which produced much rallying on the part of his friends. He was so easily moved, as often to be made the object of a joke by his associates. On one occasion, a friend of his, while waiting for him in his office, employed himself in imitating Mr. Eckhard's signature; which was of very peculiar character. Shortly afterwards, Mr. Eckhard coming in, and observing his name thus written, turned pale, and spent the day in extreme agitation, warning bank officers and others with whom he had business, of at- tempts to commit forgery upon him.
Few men of the same success and popularity ever encoun- tered less envy. The friendship which existed between himself and his cotemporaries was cemented by a generous candor, which induced those with whom he was in rivalry to watch his gradual progress without jealousy, and enabled him to bear applause without becoming the spoiled child of success. As an advocate, he was just, courteous and honora- ble; and while not one of those who are suckled at the breast of the philosophy of the Law, he had yet stored his mind with an accurate knowledge of its details, and could manage his causes with a success not always the reward of more refined and educated intellects.
The Charleston Courier of February 19th, 1845, says :--
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"It is with the deepest pain and sincerest sorrow that we announce the death of the Honorable George Bryan Eck- hard, late Recorder of the City and Judge of the City Court of Charleston. On Saturday morning last, he left his resi- dence, very much indisposed, to preside at the trial of an important cause. While on his way to the City Hall, he was so much oppressed that he had to seek relief by tak- ing a seat in an adjacent store, and while awaiting in the Sheriff's chamber the organization of the Jury, he was seized with such an oppression of breathing, that, at the urgent in- stance of his friends, he was led to a carriage and taken home. He was immediately put to bed, and medical aid was called in, but by eight o'clock his case was considered desperate by his physicians. He revived somewhat during the night and towards morning, but became worse on Sunday, and, about nine o'clock, A. M., yesterday, closed his useful and honorable career in the fifty-first year of his age. His disease, or rather the immediate cause of his death, is supposed to have been nervous apoplexy.
"Judge Eckhard was born in this city, on the 22d Septem- ber, 1794. His father was the late Jacob Eckhard, Sen., a German musician, who came to this country during the Revo- lutionary war, and died at a venerable old age, much respected in our community. His mother, Mrs. Priscilla Eckhard, was a Bryan, of Virginia, born at Shockoe Hill, on James River, and is still living, at the extreme old age of eighty-four years. The Judge had two brothers, both of whom died before him, like himself, without descendants, and he was the last of his name in this country. His only surviving relations in this city and State, besides his aged and venerable mother, are a sister and two nieces, the children of deceased sisters.
"Judge Eckhard received his education entirely in this city-having been a pupil of the celebrated Grammar School of Dr. Gallagher. He was admitted to the Bar on the 4th January, 1816, and always ranked as an able and careful Counsellor, and sound and well-read lawyer. Not much en- dowed with the gift and graces of oratory, he was yet a clear speaker and reasoner, always admirably armed with authori-
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ties, and otherwise well prepared in his cases. Care, industry and zeal, with a large share of practical good sense, were, in a remarkable degree, his professional characteristics; and as the just rewards of his talents, industry and worth, and the confi- dence they inspired, he enjoyed an extensive and lucrative practice. He was proverbial for the kindness and sympathy with which he regarded his juniors in the profession, the in- terest with which he watched their dawning merits, and the readiness with which he lent them his counsel, or the aid of his experience. As a man and a lawyer, he bore an unblem- ished character for honor and integrity; he was a dutiful and a tender son, a kind relative, of gentle manners and gentle spirit ; of a benevolent, social and friendly nature, and full of companionable qualities, securing him a large circle of at- tached friends.
"Valued and valuable as he was in private, he was equally so in public life. He was an active and efficient member of various public boards and incorporated societies ; among the latter of which may be especially mentioned the German Friendly Society, of which he was, for many years, the faithful treasurer, and afterwards president. Equally zealous was he as a member and officer of the benevolent fraternities of Masonry and Odd Fellowship; in the former of which he had just passed through the honorary office of Grand Master of the Grand Lodge of Ancient Free Masons of South Carolina.
"On the 7th of September, 1829, although absent from the State, and not a candidate, and, indeed, withdrawn from the canvass by his immediate friends in every daily paper in the city, he was elected by the people a member of the City Council of Charleston, and was annually reëlected to, and continued his able and efficient services in, that station until the 12th of July, 1836, when, on the elevation of the late Judge Axson to the office of the City Recorder, he was cliosen the successor of that able and upright functionary in the office of City Attorney. In that office, he rendered services of great value to the city, especially in the investigation of titles, and of many disputed points of law, crowding upon him beyond
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all former precedent; and, during his continuance in it, pre- pared the valuable Digest of City Laws and Ordinances which has been recently published by authority of Council. In October, 1838, he was elected a member of the State Legisla- ture from this city, and continued to serve in that body, by reelection, until his elevation to the judicial office; being em- phatically one of its business members, and frequently leaving the impress of his mind and his labors on the Legislature of the State.
"On the 25th of March, 1844, Judge King having resigned the office of City Recorder and Judge of the City Court of Charleston, which he had temporarily and benevolently filled for the benefit of the family of the late Judge Axson, the lamented subject of this obituary tribute was elevated from the post of City Attorney to the vacant judicial station, by the unanimous vote of the City Council, and with the unanimous consent of the Bar. In less than a twelve-month from the commencement of his judicial career, have his labors been terminated by the sudden and unexpected stroke of disease and death; he, in a measure, sharing the fate of two of his recent predecessors, and almost countenancing the supersti- tion of the connection of some fatality with the office he filled- Judge Prioleau and Judge Axson having been both struck down by palsy like him, in the vigor of usefulness and man- hood, while incumbents of the same station. Brief, however, as was his career as a Judge, he wore the ermine with dignity, urbanity, ability and independence-giving evidence of his learning and soundness of judgment-furnishing proofs of the value, on the Bench, of those endowments and acquirements which had rendered him successful at the Bar, and putting forth a fruitful promise of usefulness and eminence as a Judge. His decisions were, for the first time, submitted to the ordeal of the Court of Appeals, at their recent session in this city ; and they won him the frequent panegyric of that high judicatory, especially for the fullness and perspicuity of his judicial reports. In proof of this may be recited the fol- lowing passage from the opinion of that Court, delivered by Judge O'Neall, in the case of Preston vs. Simons: 'Upon the
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third plea, the Court concurs in the judgment of the Recorder, and is glad to have it in its power to refer to his excellent argument in support of the judgment below, for the reason of the dismissal of the motion.' The same Judge observed to a member of the Bar, about to argue an appeal from Judge Eckhard: ' Take care, one stands a bad chance who appeals from the Recorder.' In the case also of Smith vs. Affanasi- effo, Judge Richardson, delivering the opinion of the Court in affirmation of the Recorder's judgment said: 'The questions of fact in this case were plainly submitted and properly dis- posed of by the Jury, and the questions of law have been so satisfactorily argued in the judicial report of the case, that this Court has but to dismiss the appeal upon the reason therein presented.' It is almost superfluous to add, that the sense of the public loss of such a man, and of a Judge of so much usefulness and worth, was deeply felt, as the following proceedings will plainly show :
"The District Court of the United States, Judge Gilchrist presiding, and the Court of Equity from Charleston District, Chancellor Dunkin presiding, were both in session when the melancholy tidings of Judge Eckhard's death were announced.
"In the former Court, B. F. Hunt, Esq., briefly stated the sad intelligence, and, in behalf of the Bar, moved an order of adjournment, as a tribute of respect to the deceased; where- upon, his Honor Judge Gilchrist responded as follows: 'I cannot do otherwise than grant the motion which you have made in behalf of your brethren of the Bar. The deceased was known to his country but a short time as one of the ex- pounders of her laws, but he was known long enough to have established for himself the character of a learned, upright and independent Judge. As an official functionary of the law, therefore, he is entitled to every respect which this Court can pay to his memory; and when we remember the amiable qualities which distinguished him during life, our attachment to him as a man mingles with our feelings of regret on the present occasion.'
"The Court was accordingly adjourned until Thursday next, at ten o'clock, A. M. In the Court of Chancery, the
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Hon. Mitchell King announced the melancholy fact, and in testimony of regret at the loss of so excellent, so able, and so useful a man-held in the highest estimation by all who knew him-moved that the Court adjourn until next day. Where- upon, it was ordered by Chancellor Dunkin, that the Court should stand adjourned accordingly."
[Charleston Mercury. January 19th, 1845.]
" DEATH OF JUDGE ECKHARD.
"We announce, with a regret that will be shared by the whole community, the sudden death of the Hon. George B. Eckhard, Recorder of Charleston. He died yesterday morn- ing, after a very brief illness. He was an able jurist, and on the bench was distinguished for patience, courtesy, impar- tiality and correctness. In his manners he was the most modest and unobtrusive of men, with a great fund of good- fellowship for those with whom he was intimate. This community has great cause to deplore his death, and will not find it easy to fill his place."
[Southern Patriot, February 18th, 1845.]
" DEATH OF JUDGE ECKHARD.
" We regret to state that the Hon. Geo. B. Eckhard, Judge of the City Court, died this morning, after a short illness, in the fifty-first year of his age. Judge Eckhard was distin- guished for his sound legal learning, the accuracy of his judgment, and the courtesy of his judicial demeanor; while in his social and domestic relations, his companionable qual- ities, amenity of disposition, and kindness of heart, endeared him to a large circle of attached friends."
[Southern Patriot, February 19th, 1845.]
" PROCEEDINGS OF COUNCIL.
" Present-The Mayor, Aldermen Deas, English, Hunter, Seymour, Ingraham, Mills, Hopkins, Brown and Mendenhall.
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"The Mayor communicated to Council the melancholy intelligence of the demise of the late Recorder, the Hon. Geo. B. Eckhard.
" Whereupon, Alderman Seymour submitted the following preamble and resolutions, which were unanimously adopted :
" Whereas, it has pleased the Wise Disposer of events to remove from the theatre of his usefulness, and from the bosom of his family and numerous friends, the Hon. Geo. B. Eck- hard. And whereas, it is proper and becoming to tender the last testimony of respect for his many virtues, and admiration for his devotion to duty, his unimpeachable integrity and his entire qualification for the responsible office which he filled to the satisfaction of this community and with distinguished honor to himself.
" Resolved, That while we humbly acknowledge the hand of the Almighty in this dispensation of his providence, we cannot withhold an expression of our deep regret for this melancholy bereavement.
"Resolved, That in the death of the late Recorder, the city has been deprived of an exemplary officer and esteemed citi- zen, and this body of a valuable auxiliary and devoted friend.
"Resolved, That we tender the tribute of our cordial appro- bation for his services, in all the relations which have con- nected him with this body.
"Resolved, That Council will attend the funeral of the deceased, and that this chamber be shrouded in mourning.
"Resolved, That we deeply sympathise with his family, and tender them our most sincere condolence ; that these proceedings be recorded on the minutes, and that a copy be transmitted to the family of the deceased.
" Council then adjourned.
(Signed)
JOHN R. ROGERS, Clerk of Council."
The monument to the memory of the Hon. George B. Eckhard is erected in the grave-yard of the German Lutheran church. Upon it the following epitaph (supposed to be writ- ten by the Rev. Dr. John Bachman) is inscribed :
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