North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-12-03
From WhceIer's History of North -Carollna.l
HON. ARCHIBALD HENDERSON

late Judpe Richard Henderson (tor whose biography
see Vol. Il6,) and was born IN Granye n,v
studied law with Judge Williams, his relative, ana
was pronounced by we'll qualified to judge "tne
most perfect model of lawyer that our 9ar mas pro-
duced."* a, =,
This sketch was published soon after Mr.. Hender-
sons death, by one who knew him well and as 1t
is far more accurate than anything could oHer' mere
present 1t. .:,.,l 11o,ao,son
IN The wear 1903 and from that time TO the time of
his DEATH looked to him as model OF tnat PeIiecI
character in the profession OF the law, which all MS
brethren should be ambitious to initiate From hinl'
Judges might learn wisdom and discretion, and law
vers the dignity of their profession and the hlgh ou
lies which it imposes. here speak only OF ms pro-
fessional character; that which he exhibited 10 MS
country for than twenty years, win torce ana
effect that ought to be remembered as long as re-
verence for our civil institutions shall be cherlsneo'
No man could look upon him without pronouncing
him one of the great men OF the age. Inc Impress
of greatness was upon his countenance; not that
greatness which is the sprng of any single ia lent,
or moral quality but greatness which IS made up
by blending the faculties OF hne intellect win ex
allied moral feelings. Although he was at all times
accessible, and entirely free from austery, he seem
ed to live and move in atmosphere OF dignity. He
exacted nothing by his manner; yet all approached
him with reverence, and left him with respect. Inc
little quarres and contests of men were beneath him
their chickering's, their envyings, their sanderngs,
and all the workings of their little passions, kept at
distance fiom him and have often seen him Gls-
comfted the bar, when coniendlng Tor his clients,
in cases where the little passions only, had play His
was the region of high sentiments and there he occu-
pied standing that pre:emlnent In North Caro-
lima. He contributed more than any man, since the
time of General Davie and Alfred Moore, to give
character the bar of the State, and TO impress upon
the people reverence for their Courts OF Justice.
His career at the bar has become identified with the
history of North Carolina; and his lite and his ex-
ample furnish themes for instruction to gentlemen OF
the bench and to his brethren OF the bar May they
b;e ;E, nd nro6f ,hc eYamDI6I
The Constitution and Jurisprudence OF his country
were his favorite studies Profound reflection had
generazed his IDEAS and given TO his political and
legal learning a scientific cast No man OF the age
better understood the theory of government no
man more admirediI; and no man gave more PractI-
cal proofs of his admiration The sublime idea that
he lived under d government of laws, was forever
uppermost in his mind, and seemed TO give coorlng
to all his actions. AS he acknowledged no dominion
but that of the laws he bowed with reverence TO their
authority, and taught obedience no less by his exam
pie than by his PrecePt 10 the huInbIest officer OF
justice he respectful the vices OF private char
acter overlooked, when the individual stood be-
fore him clothed with judicial authority In the coun
ty courts, when the justices OF the peace administer
ed the law, he less respectful in his deport-
ment and submission TO their decisions, than In the
highest tribunal OF the State. He considered obed
to the laws to be the first duty OF a citizen;
and it seemed to be the great object of his profess
sional life, to ncu!cate sense OF this Duty and to
give the administration OF the laws an Impressive
character. To understand his character, and profit
by that understandings we should consider it first in
its relation to the court and secondly, In lis relation
to the bar.
l. In its relation to the Court.-Tn North Carolina
the courts of Justice the principal schools of in
sruction the people, The discussions which there
take place. and abe CONVERSATIONS which there
rled on, and listened to with eagerness, by people
who attend, sharpen their understandings, and inn
prove their general stock of knowledge; while the
lashings which vice receives, and the praise and
mendation given to virtue, make moral Impressions
of the most sautary kind There is taught the great
lesson of obedience to the laws, and of for
their administration. The men who administer the
law in courts of jusS0. act under respons by that
is not often appreciated. Neither Judge IA law
yer should enter court OF Justice without due
sense of this responsibility and when there, each
should act his part with decorum and frmness. The
duties of each are well dehned the rights of each
well ascertaned. No man understood the the |
other better than Archibald Henderson. To inspire
a reverence for the laws, Impression must be made
and continually enforced by everything that passes,
that they are administered in mercy. Whatever may
be the character of the Judge, this impression cannot
be made and enforced without the aid of the bar.
The lawyers the pillars which support the
pectaby and authority of the Judge. A convic- =
ton of this truth regulated Mr.. Henderson's conduct
TO the court.
suited for the bench he had known many good law
yers, and but few good judges There were many
qualifications requisite for good judge that they
were rarely found combined. AT the head of these |
is chiefly looked to in making appointments to the |
bench. MIR. Henderson of opinion that good
common sense and discretion of mind the first |
qualifications; an intimate acquaintance with man
kind, and particularly with the middle and lower
classes of people, their passions. feelings preudices
modes OF thinking. and motives of action, was the
second good moral character with chastened feel
lngs and subdued passions, the third independence
OF mind and energy of will, the fourth and legal
learning, the fhhf, For this reason, he thought it
unwlse to appoint ysN1ng men to the bench, let their
legal requirements b lever so great; or men ad-
vanced in years, who Iwere either too proud or too
lndolent TO mix with the great of the people,
whose society is the school of that common sense
and sound discretion, necessary in Judge; and
the want OF which makes the administration of the /
laws fall most heavy upon the lower classes of the
people, where 1t ought TO be the lightest This is
most severely felt in the administration of the cmi-
nal law, where the obscurity of the individual ex-
cites no interest in his favor, and the ignorance of the
Judge of his character, his education, his passions
preudlces and motives of action, subjects him to /
punishment which he does deserve 1t is on this
account that the obscure and humble in life have pe-
cular claims upon the sympathy Of the bar; and nv
bosom has often swelled with emotion when have +
witnessed the efforts of MIR. Henderson in their
favor.
The want of this common sense and dissertation IF
mind is most commonly perceived in the infection of
Punlshments; IN Imposing unreasonable fines and in
lnnlctlng imprisonment where there is no deorayi:v
OF heart. Upon this subject MIR. Henderson enter
tanned the opinion that imprisonment our govern
ment, was punishment infamous, that il should Il
be inflicted but seldom, except for offences growing
out Of the dePavitY of the heart that it ought
to be inflicted for offences proceeding from the odi
nary passions of our nature; that these were weaE
nesses, rather than crimes.
The history of North Carolina furnishes No instance
Of direct corruption on the bench vet there is veil
ness in human nature, from which the best of men
is sometimes not free, and which, when il finds its