Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
who best understands Coke upon Littleton"; or, advancing to the
modern ages of greater enlightenment and freer intercourse among
nations, that he had made a specialty of the law of contracts, bills
of exchange and commercial law generally; whilst his expositions
of equity causes will satisfy any impartial critic that he was at
least equally a proficient and master of the principles and practice
of the jurisprudence of the English Chancery, and would induce
the belief that, like Sir Samuel Romilly or Sir William Grant,
his practice at the bar had been confined to this branch of the
profession.
During his chief-justiceship it cannot fail to be remarked that
there was a great advance in the accuracy of pleadings in equity
cases, and in general extension of the knowledge of equity practice
throughout the circuits. And the precision and propriety of entries
in every species of procedure were brought to a high state of
perfection, mainly by his investigations and labors, in conjunction
with those of that most worthy gentleman, and modest but able
lawyer, Edmund B. Freeman, Esq., late Clerk of the Supreme Court,
whose virtues and public usefulness, connected as he was for so many
years in close and friendly association with the immediate subject
of our remarks, now likewise gone down beyond the horizon, I am
gratified the opportunity serves to commemorate.
Judge Ruffin's conversancy with political ethics, public law, and
English and American history seems to have assigned to him the task
of delivering the opinions on constitutional questions which have
attracted most general attention. That delivered by him in the case
of _Hoke_ vs. _Henderson_, in which it was held that the Legislature
could not, by a sentence of its own in the form of an enactment,
divest a citizen of property, even in a public office, because the
proceeding was an exercise of judicial power, received the high
encomium of Kent and other authors on constitutional law; and I
happened personally to witness that it was the main authority relied
on by Mr. Reverdy Johnson, in the argument for the second time in
_Ex parte Garland_, which involved the power of Congress, by a test
oath, to exclude lawyers from the practice in the Supreme Court of
the United States for having participated in civil war against the
government; and in which, its reasoning on the negative side of the
question, was sustained by that august tribunal.
Public-domain text, read in full here on John Shaqi.
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