In the summer of 1833 a vacancy upon the bench of the Supreme Court occurred by the death of Chief Justice Henderson. From various causes, of which I know too little to attempt an explanation, the Supreme Court had at that time by no means so strong a hold upon the confidence of the people as it has since obtained. It was very desirable, therefore, on the part of the friends of the system to fill the vacancy by a man of commanding talents and great influence, in order to give it strength. All eyes were at once turned towards Judge Gaston. But there were supposed to be two very serious obstacles to his acceptance of the office. It was known that his practice at the bar was extensive and very lucrative, and it was also known that a prudent regard to his private affairs would dictate that his professional income should not be exchanged for a judge's salary. It was also believed by many that the thirty-second article of our State Constitution forbade his accepting the office, in that clause which declared that "no person who shall deny the truth of the Protestant religion shall be capable of holding any office or place of trust or profit, in the civil department, within this State." The friends of the Judge nevertheless urged him to become a candidate for the office. After a full and fair explanation of the latter and most important objection, he became satisfied that it was not tenable; and as to the former, that his duty to his country required him to make the sacrifice. His name was accordingly brought before the Legislature in the winter of 1833, and he was elected by a large majority on the first ballot. At the ensuing term of the Court he took his seat upon the bench, and from that time until the very day of his death he continued to discharge the duties of his office with an ability and devotion seldom equaled and never surpassed. When a Convention of the people of the State was called in 1835, to amend the Constitution, he took a seat in it as one of the members from the county of Craven. Of the manner in which he performed the peculiarly delicate and important duties of assisting to revise and amend our fundamental law, I know it is needless for me to speak in this presence. The distinguished President of this Institution, who was then Governor of the State and a member of the Convention, can tell the extent of his labors and the value of his services in that body. Suffice it for me to say that he was placed on almost every important committee; that he took a leading part in every important debate; that he, in a great measure, guided and directed the whole business of the Convention. And when its labors were at last brought to a successful conclusion, it was from his hand that the amendments to the Constitution received the form and dress in which they now appear. Excepting his judicial duties, this was the last public service in which he was engaged. It is true that when our Senators in Congress resigned in 1840, the Whig