North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-12-03

ent's cause by fayorng a weakness which, in III,
judgment of common people, Polu'es me streams =
Justice as much as downright corruption. ne ehter
tanned the most profound contempt Tor mat Grass
men, who being appointed to the bench, are lond o
displaying the powers of their official stations cut
Tin capers' as the vulgar call It.. Those men gen
orally claim consequence TO which they are NOT en-
titled and seek operate the fears OF the mar ant
the people instead Of trying gain their respect anC
re verence commit men Jail for imaginary contempt
and treat with nsoence bysanders, parties ana wit
nesses. Mr.. Henderson detested judicial insOienct
az much as he ahhorred judicial tyranny, and delight
ed 10 dwell upon anecdote Of the late Judge Wilds
of South Carolina, who upon calling cause or rIa
and learning that material witness OF one of the
parties intoxicated and unable to give testimony
with benevolence and good nature that adorned him,
adjourned the trial until the witness could become
ber Some men that have seen on the bench, would
have committed the witness to jail. These men do
not know the difference between Inspiring terror and
insprinu respect. 1t is beneath the dignity of the
court and unworthy of the spirit of Institutions,
to address freeman's fears. Nobler motives should
govern him. and nober passions should he addressed
TO bring him back his duty, if he go asray There
is no dsposition in the people of North Carolina to
treat their officers of justice with disrespect They
are obedent the laws, and delight cherish res
pect of men in authority. This disposition on their
part should never meet with anything that savored
of judicial insoence. There is dignity of deport-
ment which becomes the majesty of the laws, and
that diuny every Judge should strive acquire and
uniformly exhibit it wien discharging his official du-
ties. That dignity so necessary on the bench, and
so Influential and impressive at the bar, Mr.. Hender
son possessed in pre-eminent degree. He display
ed it in the lowest as well in the highest OF
the State and the humblest magistrate, well as
the highest Judge, felt himself honored and sustained
by his decorum and respectful behavior
But if his conduct TO the court was exemplary, his
conduct to his brethren of the bar was still more So
To them all he was kind and lndulgent; to the young
men of the profession, who did stand aloof from
him, he literally father, encouraging them to
persevere advising them as to their course OF stud
les insructing them and aiding them in the manage
men, of their causes. Some stood in of him
and seldom approached him his age, his venerable
appearance his majesty of character, seemed TO init
midate them and TO keep them at a distance. He
was conscious of his high standing. and never COM
mitted himself, nor put his reputation at risk. He
always came the trial Of his we'll prepared
and if the of his health or his want of Prepar
alton seemed likely eopardize his reputation in the
management of his clients cause, he would decline
the trial until a more favorable time. The courts in
which he practiced, and his brother lawyers under
stood the decacy of his feelings upon this poInt so
we'll that they extended to him the indulgence he
required and knowledge of this part of his char
acer gave confidence to his clients, and attracted
crowds of people to hear his speeches. When he
rose at the bar expected to hear commonplace
matter: no one looked for cold, vapid, phlegmat
ic haranpue His great excellence a speaker con-
sisted in an earnestnesS and dignity OF manner and
strong powers of reasoning. He seized one or two
strong points, and these he illustrated and enforced.
He avoided refinement in argument, both to the court
and to the jury. His exordlum was generally short,
ard ALWAYS appropriate He despised the apologize
exordium so fashionable with speakers; an ex-
ordium that suits one we'll as another, and
never falls when persevered in to make the speaker
appear ridiculous. He quickly marched up to the
great point in controversy, making no manouvre as
if he were afraid approach II, was DESTROYS OF
attacking it by surprise. The confidence he eXhib-
tied of success, he gradually impaired to his hearers
he grew more warm and earnest as he advanced in
his argument and seizng the critical moment for
forcing convietion he brought forth his main argu
Inent pressed it home, and quickly sat down. In
great causes, his eioquence and manner rresls
tibe. He despised long speeches, and abhorred petty
alteration and wrangling at the bar. The great OBJ
ect of his professional life, has beer before stated
was to inspire reverence for the administration of
the laws. Nothing detracts more from this reser-
ence, than want of dignity in the gentlemen of the
bar. Alteration and wrahging the reverse of
dignity; and although they crafty the appetites
Of vulgarclients, they are reproach upon the law
yers who indulge in them, and upon the court that
olerates them. Instead of being tribunal for the
exalted and sacred purpose of administering justice,
the court becomes an arena into which the lawyers
descend 10 WELD the weapons of little and contempt
ble passions. They ought, upon all occasions, TO
bear in mind, that they officers of justice. and
that upon them, than any other class of soce
~, is imposed the high duty OF impressng upon the
reverence for the laws, and for the courts
in which those laws administered.
There was trait in Mr.. Hendersons manner OF
cause in court, which greatly admired
it was his manner of examining witnesses. He was
polite and decorous to them as &c the court. He
asked no unnecessary questions, and every witness
hat came into court, felt confidence that from him
ne should receive no insolent impertnent treat
nent He disliked excessively the never ending in
that frequently put 10 witnesses and
he dsliked still more the noisy and boisterous
Ter in which these interrogaores sometimes put
He said this manner was not only undigni6ed, and
lad tendency lessen the respect of the people
their courts, but that it often prevented the
If justice by intimidatng Witnesses, and thereby !
either suppressing material facts, or giving them an
mp roper coloring.
AS he advanced in life, he seemed more and more |
nxious that the laws should be Interpreted and adj
ninistered by the rules of common sense. He. in a
treat degree, lost his reverence for artificial rules.
He said the laws made for the people, and they |
should be interpreted and administered by rules which
hey understood whenever it was practicable. That
common sense belonged to the people in higher I
egree than to learned men, and that to interpret laws
y rules which were at variance with the rules OF
common sense, necessarily lessened the respect of
he people for the laws induced them to believe that
courts and lawyers contrved unntelligible mysteries
n the science, merely for the purpose OF supporting
he profession of lawyers. He said the rules of ped
nty dG not suit this country nor this ages that COM
non sense had acquired dominion in politics and re-
igion, and fast acquiring an absolute dominion !
II the law. That judges and lawyers should have
he independence and magnanimlty to strip off the
'eil of mystery from every branch of the law, and
DOT all the remains of ridiculous pedantry sim
'ify the science, and make it nelligible, far
possible, the understanding of the common people
In his professional character, Mr.. Henderson re-
embed the late Mr.. Jenkins Whitesides, of Fennes-
ee more than any man have seen. Each stood at
he head of the bar of his respective State they
bout the same age, and sze-both large men-they !
lied about the same time and those who know how |
o appreciate the usefulness of such men In profess
ional life, will long remember their example. and !