party, which had then the ascendency in the Legislature, tendered him the nomination for one of the vacancies; but he declined it, preferring to remain on the bench, where he thought he could do the State better service. Nor need we regret his determination; for though none could have represented the State in the Senate with more dignity, fidelity, and ability, yet his profound legal attainments, his extensive and varied information, his severe and patient habits of thought, and a style of composition at once dignified and elegant, so admirably fitted him for the high tribunal on which he was placed that we could not have wished to see him transferred to any other station, however exalted. But it is needless for me to enlarge upon his judicial fitness and ability. The Chief Justice of the Court, the associate of his labors and his duties, himself one of the ablest judges and most profound lawyers of his day, has emphatically pronounced from the judgment-seat that he was a "great judge." In confirmation of this sentence, if it needed confirmation, I would refer to all his reported judicial opinions; and particularly to the opinion of the Court as delivered by him in the case of the _State_ vs. _Will_, 1 Dev. and Bat. Rep., 121; and his dissenting opinion in the _State_ vs. _Miller_, _ibid._, 500; the latter of which has been pronounced by a very competent judge one of the finest judicial arguments to be found in this country. I have said that Judge Gaston continued in the faithful discharge of his official duties until the very day of his death. This is literally true. On Tuesday, the 23d of January past, not quite a fortnight ago, he took his seat in the Court as usual, though he had felt for several days a sensation of chilliness and a difficulty of breathing. He remained on the bench until about two o'clock P. M., giving strict attention to a case then under discussion, when he was attacked with faintness and other symptoms of violent sickness. He was taken to his room and a physician called in, who very soon relieved him. He revived, became cheerful and engaged in an interesting conversation with some of his friends who had called to see him. In the course of the evening he told several anecdotes, at which they laughed heartily. "He then related" (says a published account) "the particulars of a convivial party at Washington City, many years ago, and spoke of one who, on that occasion, avowed himself a freethinker in religion. 'From that day,' said Judge Gaston, 'I always looked on that man with distrust. I do not say that a freethinker may not be an honorable man; that he may not, from high motives, scorn to do a mean act; but I dare not trust him. A belief in an All-ruling Divinity, who shapes our ends, whose eye is upon us, and who will reward us according to our deeds, is necessary. We must believe and feel that there is a God--All wise and Almighty." As he was pronouncing the last word, he rose to give it greater emphasis.