Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
In 1800 an act was passed to continue in force the Act of 1799,
three years longer. The sessions of the court by the former act were
limited to ten days; they were now extended to fifteen days (Sundays
excepted) if the business of the court should so require. The third
section of the act is in the following words: "And be it further
enacted that no attorney shall be allowed to speak or be admitted
as counsel in the aforesaid court." The General Assembly must have
entertained a high opinion of the ability and purity of the bench,
and serious misgivings in relation to the cunning and crafty bar of
which John Haywood was the leader.
The late Judge Hall told me that he was present when Joshua
Williams, senator from Buncombe, called upon Governor Turner for
advice in relation to the extension of the lease of life to this
high tribunal. The Governor urged the continuance of the court until
the other offenders could be arrested and tried, and the remaining
questions of doubt and difficulty in the law be put finally at rest.
My good senator, and there were few as good men as he in any age
of the commonwealth, assented, under the entire conviction that a
little longer time was necessary to enable the judges to render the
law so clear and certain, that no perplexing questions would arise
in the future. He was probably more confident of a consummation so
devoutly to be wished, since the court was neither to be annoyed nor
perplexed by the arguments of such lawyers as Haywood.
Iredell, the greatest of Haywood's compeers was in his grave. Moore
was Iredell's successor on the Supreme Court Bench of the United
States, and Davie had on the 24th of December, 1799, been appointed
Envoy Extraordinary and Minister Plenipotentiary of the United
States to the French Republic as successor of Patrick Henry, who had
been compelled to decline on account of bodily infirmity.
In 1804, the court, which since 1801 had been styled the Court of
Conference, was made a court of record, the judges required to
reduce their opinions to writing, to file them "and deliver the
same _viva voce_ in open court." In the following year (1805) the
name was changed from the Court of Conference to the Supreme Court
of North Carolina, and converted from a temporary to a permanent, I
hope immortal, tribunal, in fame as in duration.
The senator from Buncombe, and the great advocate Haywood, removed
to Tennessee no great while afterwards. The former lived long enough
in the midst of the legal strife which abounded in that young and
rising commonwealth to find that the end of controversy, like the
end of the rainbow, was not easily reached; and the latter to reap
golden harvests of fame and fortune from the "glorious uncertainty
of the common law."
Public-domain text, read in full here on John Shaqi.
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