Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
When I first saw the Supreme Court in session in June, 1822, Chief
Justice Taylor, the Mansfield of North Carolina jurisprudence,
Judge Hall, proverbial for integrity, amiability and sound common
sense, and Judge Henderson, who in genius, judgment and power of
fascination in social intercourse, was without his peer, were the
three judges. William Drew, standing on the thin partition which
divides great wit and frenzy, was the Attorney-General. Francis L.
Hawks, who had not yet attained the 25th year of his age had already
given favorable promise of future eminence as a member of the New
Bern bar, the representative of that town in the General Assembly,
was the reporter. Hawks was destined however to a much wider
celebrity in a very different sphere, and for many years previous to
his death, as a brilliant writer and eloquent speaker, had a higher
transatlantic reputation than any other American divine.
The bar in attendance in those days was much less numerous than at
present. He was a young man of rare self-complacency, who would
imperil a rising reputation in a contest with the sages of the
profession before that tribunal. I well remember the remark of a
gentleman, second as an advocate in the Superior Courts to no one of
his contemporaries, that he never rose in the Supreme Court without
trembling, and never ventured to do more than simply to suggest the
principles, and give the names of the cases and authorities upon
which he relied.
Of those in attendance, Gaston, from the east, was _facile
princeps_, Archibald Henderson, probably the most eloquent and
successful advocate in criminal defenses who ever appeared at the
bar in North Carolina, was the great representative of the middle,
and Joseph Wilson of the extreme west, Judge Murphy and Judge Ruffin
represented Hillsborough, and Judge Seawell, Gavin Hogg and Moses
Mordecai, the Raleigh circuit. Mr. Badger was just attaining the
fulness of fame while the youngest of the Superior Court judges,
and Peter Browne, the head of the bar, before Mr. Gaston assumed
his position, was deciding cases with unprecedented facility and
despatch as chairman of Wake County Court.
Mr. Devereux was the District Attorney for the United States.
James F. Taylor, with the most brilliant prospects, died six years
afterwards, Attorney-General of North Carolina at the early age of
37.
With the present organization of the Supreme Court, in January,
1819, commenced a gradual change in the length of time consumed in
the management of causes, in that and the subordinate tribunals
which continues to increase in an accelerating ratio, and which
ought to be diminished.
The Act of 1799, limited the sessions of the Court of Conference to
ten days, the Act of 1800 extended them to fifteen days exclusive of
Sundays. At one time, as we have seen, no arguments were allowed,
and throughout the entire existence of the court discussions were of
necessity commendably brief.
Public-domain text, read in full here on John Shaqi.
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