University of South Carolina Libraries
- -v V- _ . . ^ * 1 - -- ' > - . ? -.. - ' ' I ^ ? ? : TZ . : -; '} ? ? , ... ., .-...,? +7j * 1 Ml J J| ??j^. i ^ . , ' I . ' : '* " === ==== --- '- . ? ? a = ==;=== ' ' ? '---zzi?~^7' Bif W. A. LEE AND HUGH WILSON. ABBEVILLE S.C>, WEDNESDAY. DECEMBER 10,1873. VOLUME XXI---N0 ? ? u ^__v^ :. *t !&/. -. ' . v ' . : : ,' - ./.. """ -ii; :,. i?,I-i ..rtt;-; OFFICIAL. Tie Slate of South Carolina,' ABBEVILLE COUNTY. In the Court of Probate. | Ex parte Nancy N. Hutchison ami B. c JF. Hutchison, Administratrix ami! Administrator?Petition for the Final Settlement and Final Discharge of the; _ Estate of Irwin Hutchison, duceas- J ed. , ^"kN hearing the petition in the above \ W nnmoH it. i? OrflfTPll "nil fl ^ Decreed, that the ' 23d Day of Becemlier next, be 'flared for ft final Settlement of the ^ estate of Irwin Hutchison, deceased, t and that Notice of said Settlement be c given according to law. It i? further Ordered that I W KucC^ ^e,C(;ft Emw?- Hutc'.;son*, Joseph C. Hutchison, and Jennie B. Hutchison be uuly served with a copy -T* tho pctition and this order, accordf* , 7" . "ud the creditors of said Es?!?& \Xa ^ce hereof, and they tate will take *. * aonenr in thta are hereby required $ is Court to be holden at Au.tv.'JgL<^ S. C., on the day fixed for Setu* ?6 ?f sa&d Estate, at 10 o'clock A. M., to. u,e purpose of protecting their interest in the said Settlement. It appearitt^to the satisfaction of this Court that Irwin \V. Hutchison, one of the Distributees of said Estate resides beyond the limits of this Slate, ami that , his Tost-ofllce is unknown. It is therefore Ordered, that service on the said Irwin \V. Hutchison be made by publication of a copy of this order once a week for six successive weeks iu the . Abbeville Pre&t ancl Banner,\ and the Abbeville Medium, public Gazettes published in tbeeounty of Abbeville. CHAHLES W. GUFFIX, Judge of Probate Abbeville county. Xov. 11, lS73.3i-Gt Tie Stats i Strati Carolina, ABBEVILLE COUNTY. (( TO Alexander Lee Adams, Jesse Terry - Adams, and Vitula Ophelia Adams, -Greeting : YOU*re hereby required to appear at -1 the Court of Probate to be holden j at Abbeville Court House fur the Coun- J ty of Abbeville on the 17th day of December, A. D. 1.S73, to show cause if any yoii can why the real estate of 31 is. llachael C. Adams, deceased, described in the petition of John A. Adams, filed in my office should not be divided or . sold, allotting to the said John A. < Adams, one-half and the other half in equal potions to the said Alexander Lee Adams, Jesse Terry Adams and Vitula Ophelia Adams. 1] " * * 1 1 J 1 ; 411, U Cxi veil under my iihiiu aim s?u ciiis im : ? dav of November, A. D. IS".'?. {scaIaJ CHAS. \V. (iUFKIN, Judge of Probate Abbeville County. * 'Nov. 4, 1873, 30-efe* * " Tic State cf M Carolina, v ABBEVILLE COUNTY. L In tlieuCourt of Probiito. ,j * Ex Parte Mrs. Elizabeth Adkbis. I Petition for Homestead in Land oI David Adkins, Deceased. la Knrphv <rivt?n fliat. imi j t, , JL>1 Mrs. Mary Elizabeth Acikins has applied to Charles W. Guifin, Judge of Probate for Abbeville County, for a Homestead in the real estate of David Adkins, deceased, and that! the 3d day of January, ]S74, has been fixed for the Appointment of appraisers, who will on said day proceed to assign and set off a Ilomefiteud in the reai estaie of said deceased, to Mrfi. M^ry ? Liza belli Ad-' r kins, widow, and to Martha Jane Jidkin?, David F. Adfcins, and Mari etta Adkins, minor children of David JicikiDS, deceased. ? J. C. WOSMANSKY, Clerk Court of Probate, A. C. Pcc. 2, 1873, 344fc ] /Citation for Letters of Adimmstraticii. The JSiate ef iSauth Ccwolina, ABBEVILLE COUNTY. T 'By C. W. GUFFIN, Esq., Probate I Judge. WHEREAS, THO.S. W. BRANYON and Mrs. SARAH JANE .MARTIN made suit to me to grant them Uetteisof Administralionof the Estate and EfFecte <jf Piaekiiey Martin, Ja'te of.-Abbeville County, deceased, THENAR?! THEREFORE to cite smd-aditiioatish all, and si-ugular ihe kiu drad and Creditors of tha said Pincktflec'd, tjk# ihev be JUid appear before me, in the Court ofProoate, I . tu be held lit Abbeville*! H., S> C., ou J the 8th of December next, after publication hereof, at ITo'eldfck in jthe fofeuoon, -> to 8be\r cause, if any they have, Avhy ' the said administration should not be !rwdn^A/l f. .J . # '* * P s I t< i ^ ? , . si . r ? Given under coy liaaxi and seal, tin's 21st day of N-ftvecxber, in Hie year of our Lord d?e thousand eight hundred and r-8e.vpnt<y-three, and in <the ninety-:i .eighth ytar .of American Indepen-jj (l0Q6&* 7 * *** z ' I Published oil the 2fitlr (fay of November, \ and QU the 3d of December, lbI3, in the j Abbeville PrcM and Banner. - , o , C. W. GUFFIN., J. P. A C. Nov. 26, 1873," 33-2t* . c _! I t The State of South Carolina, v COUNTY OF ABBEVILLE, In the Court of Probates. Ex Farte Mrs. Elliott E. McCants. i ( ' ? JPetition for Homestead in the Personalty Estate of Dr. N. L. McCants, Deceased. WTOTICE is hereby given that Mrs. Elliott E. McCants has applied to <Jliarlesi W. Gufiin, Judge of Prolate! for Abbeville County for a Homestead f in the personalty estate of Dr. Nathan- j Sv'MoCauts, Deceased, ami tluit the ( IStb day of December next, is fixed fori j the appointment of Appraisers, who will on that day proeeed to appraise and x set off a Homestead iu the personalty estateof said deceased, to -Mrs. Elliott E. McCants, widow, and Elliott C. McCants, Eliza W. MeCants and Itobert G. McCajits,. minor children of Dr. N. v J. 0. WOSMANSKY, " Clerk Court Probate, A. C. Nov. 12, 1873, 32-1 m * FINAL DISCHARGE. "WTOTICE is hereby given that John!: 1^1 A. Adains and Andrew Sterenson , Executors of the Estate of Mrs. Rachael j j C, Adams, deceased, have applied to Charles W. GufRn, Judge of Probate, in ! ?nd for the County of Abbeville, for a j; final discharge as Executors. It is Ordered, that the twenty-second! day of December, A. D. 1873, be fixed, for hearing of Petition, and a final set- 1 tlement or said Estate. J. C. WOSMANSKY, Clerk Court Probate, Abbeville County. Nov. 12,1873, 31-tf 1873. Fill & ? WE tnko pleasure in announcing to 01 now receiving our Stock of GO( Hi APE, and are confident of our ability i call, both in prico and quality. In our STAPLE AND FAN losiery, Gloves, Gorsets, Ribboi morals. Shirts. Shirt T* nd many other articles too numerous to We would directspecval attention to 0 Boots an< Vc make this lin-e of Trade a specialty, hat those who favor us with a call can i omplcte Stock of READY-MADE BOTH CHEAP In addition to the above, we keep od 1 GROCERIES ANE And have at all times a StTGAR, COFFEE SOAP, BA CHEESE, Give us us a call, ahcl We will certainly ??I8#S & Sept 19, 1S73 22?tf . Mr BAJty*. I3NT OLO" A T Who have the largest an< TAl.T, AND WIN! the}' have ever brought t( GENTLEMEN'S FU COM PHIS [ATS, HAND-SEWED BOOTS Affl Gloves, Cotton and all , ? all ..Wool Un re are constantly receiving fashionable ; .adies. Also GROCERIES AN! OP TT1~R 1JEST &UARLES i Sept. 30, 1873, 25-tf IN CIIAEG ... ifflss ?fane1 [?/ETO Will nlrc-avs be found ready KV WELL-SELECTED STOCK OF E-IATS and BONNET Hair Goods and H< llois^lmrs, Plus, Corsets, tin -erery v-arioiy tejit 3. t. ro: LATE M Oct. 8,1873, 26-tf I. B. & W. J. ROGERS] J [irOULD respectfully" invito -the Vl attention of.their friends .and he jAubJic to their stock of ^ * "> 7 Confectioneries, ' bruits, Xuts, Cigars, &e. Ye have on hand Uip finest CIt ACKERS tliut has erorkeeti in Abbeville. A'o will tilthe pleasure in showing ?ur Stock of Goods of all deserip- ^ ioDS. Come one. come all, wo know ve can please you. Oct. 1, 1872, SUPERIOR LUMBER I .-For Sale. rllE subscriber prepared to fill ir all orders directed to him in G Columbia, lor the t>uj>j>iy 01 nrs^yiuaa i jUMBEll at reasonable rates.; Isaiah Haltiwanger, COLUMBIA, S. C. Fct. 29, 1873, 29-tf ESstray. , RETURNED before me on tlic 25th j of October, 1373, by <i. W. CRO- a MER as an est ray, ONE RED COW " WITH A CALF, The cow is about ten ^ irojirs old?marked with upper and un- u iier bit on right ear and under bit on w left. She is a small cow with crumpled F horns. The calf is a bull with white a and red spots. f The cow and calf are appraised at ten ? jollars and may be found at the residence of G. W. Cromer. ^ Robert It. Hemphill, Trial Justice. Oct. 35th, 287,3 29-2m mm. 1873. tr Friends and the public that We nro JDS for thyfAtLand WINTER to please all^ho will favor vis with Stock may be found fUil lines of CY DRY GOODS, as, Edgings, Insertings, Balronts, Collars, Cuffs,; ! mention. . : , ...... _ ur Stock of d Shoes. and can and will offer inducements 1 lot fail to buy.. Als<?, a full and ! CLOTHING, AND GOOD. land full lines of I PROVISIONS, good assortment of ,CON, FLOUR, TOBACCO, Etc. please you. ains " rHIKTG IXJ :t} U7. 0> of. ;<} 'o2 A v. j : ^ i best assortment of m CLOTHING > thfo market. Also, RNISHING GODS, LX(x 0 SHOES, SHIRTS, ISM, Wool Drawers, and a'-.v aer vesis. and substantial goods to suit tho ) PROVISIONS QUALITY. : JPEHBIN. . - > rom rE OP , . . ,.i j /r i. ! : . : -J to cxbihH a. HANDSOME AN~D TRIMMED AND UNTJIIMMEO -tn^J . - I..::; ' > fJ > S of the latest Styles. ;ad Trimmings, Bustles, Mlm, Fancy W, in this department. BERTS ON, ILJUER & ROBERTSON. iBE TOC INSURED ? . j . . .1r / .. IF XQT, CALL ON Ufa}) re & Pcrrin, 'A'GENTS, ' who represent . Tie Georgia Home, of Colmbus. Ga. The Germania,of New York. | The Home, of New York. The Old Dominion, of Richlond, Va., ' hose capital and assets aggregate; Ten and a half Millions, (810^98,573:00) O Wo write ou Merchandise, Buildigs of every description. Furniture, UN HOUSES, COTTON, Ac., at Board Hates." ; DuPre & Perrin, General Insurance Agents. Abbeville, Ott. 22, 1873, 2S>3t # * i. Is C \ v Brini Fmnraril Yoir Cotton. rHEpriecof cottou is stiJl deciding, and every indication is that be price will not be higher for days Pr\v fVi-nfliB /i/imfi flrir ' ,1?U , ( if the price of cotton is low when j iut little is being brought to market, iow can we expect to realize higher j rices when the receipts are heavy, s must be the case soon. So bring orward your eotton at once, and we vill either bay in settlements of accounts, or ship, at the option of thtf rarmvr. QUARLES <fc PEERIN. Oct. 22, 1873. ASSIGNEE'S SALE, Goods at Cost AT THE Emporium of Fashion. o i I BEG leave to offer the entire stock of JAMES W. FOWLER & CO.. AT COST FOE CASE. To merchants and denlers generally, who may want to secure their stock this is a good opportunity to buy cheap. The Stock, of Aliilinery is large and well-sheeted, and the|ladies will be surprised how cheap they can buy a. fnr,'aionabta Hat -or Bonnet. It is woll known that this Stock embvaces fashion, tasto and- style," .All can be suited by calling early. J T Rnhprfsnn V a a ?iwvtv/v* ASSIGNEE OF JAS. W. FOWLER & CO. telov. 19,1873, 32-tf JOHN KNOX Na-.l Knox's Block, DEALER IN Q FAMILY GROCERIES, PROVISIONS, Wines, Liquors ''an d nmiTnniT (lirnmimo ' offers hiscommodious an/1 magnificent building tol-btipublU: as a . > a < | , i ' ' the best in Abbeville. lie can storo ' 1,000 ; ; % BALES OF COTTON with ease andi&fet^.' STORE YOUR COTTON. It wifi' be ready for higher pricjofi. Thcro is no danger from fire. Insurance very reasonable. II .'J L A vn-j(l JOHN KNOX. Oct. 29, 1873, 29-tf aim IS now at home from New York and Baltimore,* where she "has jusMupplted hersWf with e; complete 'Btoek of the prettiest aud most fashionable Mil*1 l.inery to bp fouud in the Northern mar Rust Proof Red Oats. THEY are extra line?pure and heavy. The experience of planters who have Injen most successful in raising Oats is that September is th? proper time for sowing. Hear what the Southern Cu.llivq.l-or says; "Fall oats were badly winter-killed this year? Spring oats have been unusually fine. It will be unwise to conclude from this that Fall oats won't do. Our own experience and the best information we can get from all quarters is, that Fall Oats are the most certain crop of the two, and especially is this true, if they are planted on rich laud, or if well fertilized." Aug. 27,1878. k.ets. Sfie is now prepared 10 exuiuu BONNETS, HATS, FEATHERS, FLOWERS v! 4.*;?> ;i - a ; Xiaces, [Ribbon, Ties, Cravats, Raffs, Collars, Sleeves, Infants Caps [an&IJonnets, Trimmings for Dresses, &c. HOOP SKIRT PANIERS, : &C11 &Ci l Also a variety of Ornaments and Notions Generally Please call o n MRS. M. M. WHITE, over CITIZENS' SAVINGS BANK, where she will be pleased to see you and will lake pleasure in showing you through her stock. All orders sent will receive MIts. WHITE'S attention ana II SUUKUICUOII IS not gIVC'U Ullli UU IU" turuecl. Very respectfully,'?/ Mrs. M. M. White. ' Sept. 24,1S73, 24-tf WHITE BROTHERS liave now ia Storo and Tor Sale 460 Bushels Prayer I Don't Like. I don't like to hear him pray, Who loans at twenty-five per cent"; For then I think the borrower may pressed to pay for food and rent; And in that book,we all should heed, KVhich says the lender shall be blest, As sure as I have eyes to read, It does not say, "take interest. I do not like to hear him pray, On bended knees, about an hour, For grace to spend aright the day, jWfio knows his neighbor has no flour, I'd ratbor see him go to mill, And buy the luckless brother bread, And se6 his children eat their All, And laugh beneath their humble shed. l_ _ . . , , Iilo not like to.n^ai; aim piay, .1 ; J "Let blessings On the widow bef,"? Who never seeks her home to say, . ' *'If want dvertakesyou', chine to' me,". I Jiate the prayer soloiid'and long,-' That's offered for the orphan's weal,, By him who sees him crashed by wrong, And only with his lips doth feel. ! I do notJlke to Hear herlpid^t JWith jeweled ear and silken dress, , Ay hose washer-woman toils all day, ;And then is asked to "wo^k for less." Siich pious shavers I despise! : fWith folded hands and face demure Tjhey lift to heaven their "angel eyes," vThen steal the earnings of the poor. I:do not like such soulless prayers; If wrong, I hope to be forgiven ; ap gel's winjjthem .upward bears, They're lost a milium 'iniles from < Heaven! + i IN MEMORIAM. ' ;; ; <1 ; Honorable David Lewis Wardlaw, late one of the Associate Justices of the Court of Appeals of South Carolina. . 'The office of Judge, in South Carolina, has always bedn regarded with i ? . n A ?j respect ana consideration. - vjrtjui uuu good men have, at all times, performed its duties and worn its honors. If duty be attended by responsibility?if dignity be' attached to station and power?the judicial authority to coerce and to restrain, to counsel, and to command the Legislative and Executive Departments of the government, to interpret the legislative will, and its great function to dispense justice, constitute it an officc of the highest dignity and the greatest responsibility. ^Selected, with rare. exceptions,: from members of the bar, who, for talents, learning and integrity had established .?l,ninw rtffi/iTol efnHnn repuUllIUUS nmtii mut/ can never bestow, the judges have ennobled their great office, and invested it }f$, ft reference which 'tip excellence of the law itself could ever have" inspired. Upon no department of the govern- J uient, upon no institution of the Stale, can a p^trioLfix his gaze with a pride iionC jiiiiciah more parclonable, than an elpvatcd, wise and pure judiciary?' oThe: long and illustrious roll of her judges enshrines no .name that dedicated to his great office a finer intellectJaVaster knowledge, ft nobler fidelity to his higV trust, Than' that of David Lewis Wardlaw. , , ( The profession of the law was the passiop of shfoyofrth?th<* inspiration oft his life. LTf|0n its altar?"fir<rlaid tfhb ho plage of his geuiiis and the fruits of his toil.. V J i 11 <:V J&Oi 113 Ili ;.; That a memorial of one who eonsecra-: ted to the judicial .office .the jtlifa'aijoe of a great iirtesllf^^he/^r^ttsures of vast l^Dii^g^i^aDore of a loDg life, should ue4ii9criBOT tin the journals of the highest ftibute as' becoming ancLgraceful, ys ltjs appropriate, antfiust;]! , - )]}yy& P I)avid Lewis Wardlaw, was born 'in1 ttayiJHge oCei^b^Jj? in of South CyjoJiiML ojithe twenty-eighth day of Ma!-&lv$fino^6t$fo--one thousand so^fJi.licQiidS'ecl'xjid iimefj-i&iefl Hie ancestors were Scotch-Irish, and were distinguished by the love of liberty^ WPWiMiW . f lBa^jt?di.deepij,w igioui s3n&niggt which so distinctly characterize these st<iut cbampionB of the freedom of conscience,, In eighteen hundred and ten he bepjime a student at the academy at Wil liugton, of that grand master of a grammar gchodl, the Rev^Mpseg AYaddel; the preceptor" of ""fcalhtfiftf,' C?awfoyd; iMcDuffie, Pettigru, Legare, and others, who, in after life, cast such lustre on tbe jHinijjs^of their countty. ^ < ZjXrt aghtcea hundf W^and ^ /gurteen he was entered for the junior class of the SftUth C'arolipa College, and in eighteen hundred rtibdiixtqen in the* seventeenth year of his age, he was graduateawitfr the first hontfr'of his class. In eighteen hundred and- twenty he; was .admitted to the bar, and immediately beefcraig the partner of Patrick Noble, who after'tfin riiiirn-mnr r\f flip Stiltfi. WUI UO V> <W3 lilt Uuiwuvi ...... ? - In eighteen bundxecLaiid' twenty-six, he was elected a representative, in the Legislature by his native district, of which he continued the representative, with the exception of the session of eighteen hundred and thirty, until bi3 election'as one of the circuit judges. In eighteen hundred and thirty-eix, he was elected speaker of the House of Representatives, and continued to preside over the House until he ceased to be a member. In December, eighteen hundred and forty-one, he was elected oue of the circuit judges, and iu eighteen hundred and Isi&ty-fiye^an associate justice of the Court of Appeals, having several years previously declined a scat in that court. lie held the office of associate justice until the Court of Appeals was abolished in?ightecp hundred and sixty-eight. He.was a'raem'ber of the convention of m State"! n eigHfecn hundred and fiftytwo,' and of the convention of eighteen hundred and sixty, and of the conven ! tion of eighteen hundred and sixty-five, and of the last, he was president. He was a trustee of the South Carolina College from eighteen hundred and thirtysix-to eighteen hundred and sixty-eight. | In early youth, Judge Ward law ex hibited that power ol concentration 01 the mind?that fondness of knowledge? that aptitude to acquire?that patient studiousness which gave him excellence in hia studies, ana distinction ia his classes in the primary schools, the academy and the college ; and enabled him to obtain that opulence of information which he displayed in the higher positions of life. . When he was graduated, his acquirements in the languages, the sciences, and in polite and general literature, were at remarkable for their range as they were rare for their completeness. The interval between the termination of* his college course and his admission to the bar, was devoted, with unremitting assiduity, to the study of the law, and so complete and si practical Was his knowledge, '< that at the first terra after his admission to the bar, he displayed so much learning find ability, such power and promise, as attracted the attenf-Jnn'nf thonnnrt nn/? ov/m+o/1 fVio oJm! VVM4 WJ MM V* V^VVi klV^U IliiV UUXU1" ration, of the public.' ' The cast and structure of Bis'J^telleet were singularly adapted for eminence afc the bar, and i& no position of i his life did he' achieve triumphs more numerous or more brilliant.' EuUjiessr ] exactness an&aouuiteaess of legal knowl- : e^ge, clear penetrating perception, vig- j orous logic, prodigious power of research, j elegant precision; were .weapons' ip fo- i rensic "conflict whicli'no coftbalant coIuid'. parry and few. cbuld withstand. \ To these elements of skill and strength he added a sublime sense of justice, a i grand love of truth, a lofty scorn of all I that was unmanly or- mean.. :JThup armed and; fortified, he defended with I the art and heroism of a master the I salient points of his own case, and assail- I ed, with the ponderous blows of a giant, < the defenses of his adversary. With 1 such armor and such weapons, his earn- l est,'urbane manner, his forcible, fervid n?i?imnnfat!nn V>J? anrark rlifltnn'f , u>i guiijcu babivuj x^io E rarely failed to convince the1 court or to , conciliate the jury, ' , The leadership of the bar in the , whole up country was the early and the , splendid reward of forensic powers so \ commanding and so incontestible. The < [ championship, of such a, bar is fame 1 as enduring as it is exalted. j It was aa ancient and cherished cus- , torn in" this Statelthat young men of high t promise, especially of high expectations at the bar, should display their youthful c prowess and seek the first rewards of. ( ambition in the representative branch of ( the State Legislature. c ? In that hall cf the commons young t aspirants for fams made their first trials fi of strength, and grappled in the strug- j gle with a noble emulation and a knight- t ly courtesy; and in that hall life-long c laurels were won, and laurels, never to j be retrained, were lost. In that arena , O 7 / , and in that presence Calhou^ McDuffie, Q Cheves, Huger, Hayne, Hamilton, Le- r gare, and a host of others displayed \ those grand intellects which in maturer t years and higher .stations, achieved such c brilliant renown. ' t In that ancient hall, amongst those g youthful commoners, the standards 6 of scholarship and of oratory repre- c sen ted trie scarcely less high stand- t ards - of that grand old college, in which orators and statesmen, scholars ' and i 1 gUIHieiUUU, ICUeiVCU LUWJi uui ijr maiuiug, . Iii tHat 1'alj, and amongst those intel- [ lectnal athletes, David Lewis. Wardlaw asserted h is claims to those honors which c were. bestowed with such munificence ^ by his. countrymen upon^thei of c his later years,. ' lc In those splendid debates, which' threw ihe shadpjg upon the other and j. higher branch of the . legislature, his scholarly attainments, nls "polished ^ elocution, the rabge ,'ahdi:. force of his argumentation, the grace Atad'courte- v sy of his manner; biit^ above all,"1 the i(j precise information tlikI practical illlis: V tration which he bnra^htl-into! the <c|i8- -Q cussion, earned for hiin * ^oUsideratiou i. and an influemje,wjiich but^ few of his. competitors ever aCquirecLt TIn thfi real' R earnest work-of legislation, itho^ebuperly t abilities; Avhighjgaye h^.siujh; apposes- ir ;},ibte sH^qor^y ffttUebar, ancLtggfccial;, {jy ^knerf^fo|mlw^y wa& tfce^uni- , not ?n;y d^uished- but J invaluable. , ; The speakership of the Ilotise Was t the handsome raSgnitfon of services so bnUherifc' cintl of1 purifications sc coii- ^ ;?picM0U?>'' 7i7<]n?cn? ma > . in: His thorough, knowledge <.o? parlio*, meqtaiy law, liia fine Jjudgnjerit, his r graceful promptness his. unflagging? assiduity mastered all the arduous duties and perplexing,details of that responsi- , Me office, and established for him a reputation not inferior to that of the most illustrious of his predecessors, J But' eminent as he was at the bar, eminent us.he was as the presiding officer of deliberative assemblies, we should not conceive the colossal proportions of ? 1-i? AfnliiMA unlnao irn ^ i Wardlaw, no less tuan ins acquuuujuuw, i eminently qualified him for usefulness, 1 as well as distinction as a circuit judge. His administrative abilities were fine, J his familiarity with adjudicated cases was wonderful, his readiness was grace- . ? ful, his courtesy was elegant, his impartiality was noble. So scrupulous was his sense of official 1 responsibility, that he but once failed to be present at the commencement of a term of a Court, and failed 011 that occasion by a cause which no circumspection could avert, and no energy could overcome.. The delicacy of his estimate, of official duty was evinced, not more by his punctuality than by the dispatch of business. 'As he" Was always at his! post, he exacted punctuality of all who! i were connected with the court. As he! ! himself worked with assiduity, no lag I IIlb miUilUUlUlti RiaiUlC) UUiWC fTVr VOU c j template him as-he sat on the bench* interpreting the law, upholding its ma- J jefity, dispensing its justice. To this, bis. greatest, most fondly cherished and last office, the goal of [ his ambition, and the enthusiasm of his J life, he came, in the mature vigor of his intellect, bringing to its great du- * ties the stores of knowledge which 1 j had been gathered and hoarded from 1 i all other stations in his brilliant ( career. ( The greatest repute at the bar ( and the most splendid renown in ? legislative balls, are but fleeting mem- 1 ories, local traditions, dazzling and , 'glorious though they be; yet they J : are but memories and traditions that ' [ fade away and are lost in the oblivion I ii'lti/ilt rnmnpjolncjlv nntrillftt nil tllfi ' >YlUWll iVUiU?t;v*VA-'wy | unrecorded past. But, in high judicial j! stations, genius rears monuments, and;' i learning leave3 memorials that are as . imperishable as jurisprudence itself. These monuments and these memorials, from December 1841 to May 1868, from the second volume of McMullen to ' the fifteenth of Richardson, may be. J , proudly invoked to define the measure.f i of his learning and to determine the might of his intellect. l_ The natural endowments of Judge gard or loiterer was found amongst the. pfficers of the court. The number of causes tried, the amount of business done I during the term, were not surpassed by any of his brethren, so many of whom were famous for celerity, in the dispatch of business.. The number of appeals from his decisions and rulings was small. Tkose rujipgs and decisions were .rarely /reversed or modified. ? " . But popular and distinguished as he was as a circuit judge; hidJ emineAc^' as ajurist is best illustrated'bjp his labors ns an associate justice of the Court of Appeals: In that tribunal he found the proper theatre fdr'the display of his immense learning and the resour&sof hjs teeming intellect; ;;In 'that greatToruin bis admirably .proportioned faculties, ; bis gracious attention. Bis appreciative intelligence; lis exqmsite apprehensibn', enabled'himi to comprehend, with 'the quickjjejft and clearness; of intuition.the questions and the principles involved in the case. " Iri the consultations of th& Court, the plenitude and the exactness of his knowledge, the wist? suggestions of. liis prolific mind, tho sageness pf his Dpinlons, rarely failed tosway the deliberations of his brethren and to settle their conclusions. With.sueh resources and activities, mch fullness and facility, it should jxcite no surprise that it fell to him, is the organ of the court, to pronounce so many of its #rave6t and nost weighty judgments Dissent 'rom his argument or bis conclusions )n the most obstruse legal questions *vas as rare as it was unconvincing. Sjs own dissentient opinions are nunerous.'and if not always conclusive, ,bey wero always masterly. .Tnr?era Wnrdlaw's indomitable snirit v """O" 4 >f inquiry, his passionate love of ,ruth, lured him to explore the sources >f all law, as well tbe un-certain and ibseure sources of the common law, is the scarce less uncertain swaraed of. itatute law. The lex scripta and tie ex non scripta yielded their hidden reasure to the patient toil of his inlustry and the conquering energy of lis will. The diligence, the fond demotion with which .be dei-ved into the ilcments of the common law, into its inscription, into the ancient etatatqSi yhieh constitute parts of the unwritcn law; the clearness arwi the method with which these constituents of ho common law aro traced and preen ted, are unsurpassed by the most ucceesful researches into a subject so >bscured by the dust and the mist of ime. If a mind teeming with all the earning of the law cauld possess a >eculiar aptitude for any branch of hat ficicpccj , it should be said that tatutb'iaw Was his specialty.' The xamination of*fch<7 reports will show bat causes which required' for their Icfcermjirajtio/i tko highest powers of lisquiftition, or tlie most elaborato in''estigarttrn, "wero usually 'committed b him to prepare and to pronounce thro udgrafntof.^ho^purfc. ; . But great,cases.involving the statliolaw seemed, by the cohcession of iia Wethreni to H<y within-tbo limits f hia ospecial domain. .To their soutiou ho applied all his characteristic ndowra'ents and acquirements. i Ii 'ii' S soufcc of- ju'sfc pridfc 'to ; M<!?Uio- bench,-to.-.ithe jbar, i ndi'Jc^all glasses of qjtizens ?j.that i hq^UjdgmpQte of our courts^ upon the ( rihciples of the'co'mmori" law, upon J helroffiftecl ethics-'Of equity jurispruleaoe,. uporf. itfjo ^efttf, principles of < qmrqerpiifel law^are^ited with -com- j iicndation in all American courts', and , n th'e' high courts'* of Westminister i lall. Many of them are suporb modIs of precisian .ajjd clegance?most < >f them, are learned and wise?all of hem are'rcspcctiible and instructive, i Ifdetraots northing from tho just ame of bispredecessors; n aeiracis iolhiug\from the great distinction of lis contemporaries, to declare that udgc "Wardlaw made munificent conributiona to the repute and tbo re- . lowuof the judiciary of South C'aro- ' ina. The case of Steel against Mansol, in he Court of Errors (6 Rich. 437), md that of the State against Hodges, n the Court of Appeals (14 Rich. !5G); the former involving the regis- ' ry law and tbo latter involving the ax law, are enduring memorials of lis excellence in that inattractive de)artment of jurisprudence, thestatute r\F < linen r-naofl invnlvfifl UWt iUUWU VI VIIVUW vmvwv he consideration of a greater mass of itatuto law, pervading a greater po iod of time, perplexed by a greater lumber of repealing statutes, agreat;r number of modifyingstatutes, than meumbgr the statute book on any )ther subjects. To educe meaning ind method from this chaos, to mould nto coherenco and symmetry this medley of legislative crudeness and udicial refinement, was a task that none would approach but the veteran compiler or the fond antiquary. With what admirablo skill, with what consummate toil, with what signal success this herculean labor was achieved a gratified judiciary and a grateful bar bear thoir chccrful and their unanimous testimony. If the judgments in these eases arc jxtcuded .to a volume larger, to a copiousness greater than is common, it should not bo iorgotten that tho task was. not to combine, nor to compress, but it was to collect, to analyze and to collate. The collation itself was Jiffieult, but condensation was impossible. ' ?il _ M V 1H1L "WllU Ull Ills 1IUIIIUII&U cupidity for research ? with all his bupel b power to collate?many of his judicial arguments, by the solidity and massiveness of tho reasoning, exhibit the highest powers of concision and condensation. The judgment of the Court of Er rors pronounced by Judge Waraiaw in the case of Hillor against English, (4 Strob. 40G), is one of the most weighty judicial determinations to bo found in the annals of any country. Cases that involved great questions of public liborty, cases that involved great principles of public law, may surpass it in interest or impor tanco. lint, whatever may have .been the character of the question or the ' . i. -I i ... - i i ,i i yt ~ /magnitude of the principle involved in auy case, neycir was greater. learnling or more elaborate argument brought to' its elucidation.' " /' (The chief question^ considered and adjudged are whiitj dijjr&fci^, dies juridici, and; what ju4lc|a| as^a -may be done on days that are dies non jvridici. x To the consideration'Oflifcefievqaestions of mere pitpic!$$fr;]aw are devoted learning and,aatfw^t^.-fljnlfed frorp every code and frocaevpjj coontry. , . ' . < The common law and the statete law, ancient custom and * Modern usage, LevitiCal 'Iaw and JeWi&b law, Itoraan law and French raw, (rermaii law and AmffiPiea'tf.&'fe; 'tlte jnrisprudence of all nations and the literature of'a}|,.ages; are dravyja.into the discussion. , . ~ ';; "Iq this ijiajestic argamebV-of that august Court aredlfcplajr^d, not merely the highest powers of compilation, the most wonderful mearob, bat thfft elevation and heroism of mind which calmly confronts thb consequences of a great duty, courageously and conscientiously performed. y . If he had left no other memorial of his splendid judicial abilities, this luminons judgment'woald have'made him illustrious. .T11 d tra Ward law devoted much of his respite from the labors of the Court to literary and miscellaneous reading. He was in the strictest sen so a student; a student-by nature.; a student by training; a student by habit. His mind was-never inactive, never idle. Pond as he ^as of literature and general information, those were but diversions and amusements. Jurisprudence was the great ptody- and business of his life. Besides his nunWons judicial opinions, he left minor .trophies of his learning and industry that bear no' marks of the pride of abound wiia.^xtrac^irqni^fte gnwi> English: charters, and* with citation a of authority of inestimable value, that aro not to be found in a form so compact in any other work. These manuscripts have been preserved, and if published would be interesting. They would be no less invaluable aS' rescUllig froto obscurity onil nhlit-inn art imrwDPtant'DArfc of tho judicial history of the State. i (. But this sketch, meagre anjl unworthy though it be, must not transcend the limits assigned by the proprieties of the occasion for which it is written. , The health of Judge "Wardlaw, which was never robust, was shattered by disease some two years beforo his death. But the malady which smote his framo left no blight npon his intellect. His understanding and his memory wore clear to the last. On the eighth day of June, 1873, at the early dawn of a bright and beautiful Sabbath morning, in the village home to which, a half century before, ? _ xammm A ikn l>Ama authorship, bat ate simply useful. Among the earliest of these is that modest but admirable manual, "Miller's Compilation," a manual thai is no less convenient to members of th-e bar, than indispensable to officers of court When, in 1859, the Legislature authorized a second edition of certain volumes of reports which wereoutof print, Judgo Wardlew, aware of the imporfections of the first edition, gratuitously and gladly assumed the ?? labor of editing the new edition. Unknown to all but; a few friends, he bestowed the greatest diBgenco and care in correcting the verbal inaccuracies, tbo typographical errors, and other defects in every cap? ia the whole aeries. Beginning with tbf first volume of Bay's reports, be prepared a double index of all the ropor^j, correcting ; errors, an^ s,upp^ng omissions. ; . _ ' His .notes to Cfte' chsbA' in'tW fepublished volumes of McHalle'r). Cheyes, tiarpeV, and Nott'A'McCbrd, con taiu1 citations of dtatutlasirid decisions of the? couvte thal embrace *11 the lalw on the questions and principles considered jmd r decided. Tbeso notes and* references .have fceep . of great value to the bench and tbe bar. -The. notes andr addenda which be {jreparedifor thq first.ye,l^m^ ,of3ay, embody a fun'tf oF information, hUjorical, biographJcali'legis^trve &ti<r Judicial, of tho : rarest and tidrf'tarfoiu interest. Much of thfsr^'tfWhig -wm obtained by 'tho'ihd&Vcifttoftte toil from sources now inaoeesiMJld-. Tho notes and addenda id thacaae of 'Zylstra against The Corporation .of Oharleeton/J. the one entitled v.Yetora Statu#' #*cj thojoikv "Itgfm ?&r<x,u ' - - r iL i UU urougut uis ^uuiig ui 1vk> j tuu uuiuv in which his children were bora and were married; in that home hallowed by.mcmories of joy and ofsadness,8urronndcd by those objects of bis affections, who had watched with vestal care tho flickering embers of his life, he glided like a child into that "dreamless sleep which lulls the dead." Abbeville gave him his birth?and his heme?and his grave. With a fondness, pardonable though selfish, Abbeville honors the memory of her soa as a noble typo of her culture, her refinement and her social life. If the brilliant advocate, the eminent counselor, the learned magistrate, the just and upright judge can claim tho sympathy and the horaago of the profession he adorned, the fame of David Lewis Wardlaw should bo cherished as a precious legacy to the noble brotherhood of the bench and | Iho bar. | If unselfish devotion of great abilities to noble aims?if unselfjish devotion of great attainments to Igreat ends?if lifelong consecration | of high gifts and lofty virtues to tho good of his country, constitute durable fame, the name of David Lewis i Wardlaw will be imperishable. 1 Tho deeds of a life so illustrious are its most fitting and its most enduring j monuments. No work of art can add/to their durability; no eloquence .of enlogy can add to their lustre. -Drapery tho most gorgeous or the most graceful, would but mar the m^jestio beauty, the exquisite finish of the statue. ^ ^ i Box-wood trees grow until tho roduco large trunks. 1