The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1885-12-03


Henderson was chosen to fill one Of the
two vacancies upon the bench occasioned
by the death Of Judge McCay, and the
elevation Of Judge Stone to the Office Of
Governor.
Soon after the resignation Of Judge Hen
dcrson light years after his appointment
change in the plan upon which the SUI
prcmc court was constituted, began to be
discussed 1t was found by experience
that the Judge, to whom was assigned the
double duty Of holding the Superior courts
semi-annually in the several counties Of
the State, and the Supreme court twice a
year III Raleigh, were unable to beStOW the
necessary time and study to the cases
which were brought for adjudication be
fore the latter tribunal. The result Of the
inquiry was that in the year 1918 bill
was passed for an organization OF the
court upon scheme very much the same
with that which was afterwards adopted.
Among those who distinguished themselves
by It's advocacy was William Castor, then
member Of the Senate, who several years
afterwards became one of the brightest
ornaments Of the court.
As soon as the plan Of the court was -
dOpted 1t became matter of prime lmpOr-
tance to have the seats on its bench filled
by men whose moral and intellectual quail
ensure the able and faithful discharge of
its highly responsible duties, and at the
same time secure the confidence and re-
spect of the profession and the people. Ac-
cOrdlngly the name of SIX gentlemen of
the greatest repute on the bench OF the
Superior court and at the bar, We're pre-
| Sented as candidates for the vacant places.
These We're John Louis Taylor, John Hall,
| Henry Seawell, Leonard Henderson, Arch
/ bald ID. Murphey and Bartlett lancey.
! In addition to this strong array of names,
that of Archibald Henderson was at first
! proposed, but was withdrawn as soon as
it was ascertained that his brother Leon
ard would be brought forward us candi-
| date The election Was held on the 18th
! day Of December, 1918, and the first bal
! lot resulted i'll the choice of John Hall and
! Leonard Henderson. John Louis Taylor
! was subsequently, after a close contest,
elected the third Judge. Upon the organ
| ization Of the court, the last named gen
| tleman was appointed by his associates to
! b the Chief Justice, having occupied the
same position on the bench of the old Su
preme court. Thus constituted, the court
! commenced its laborS in January, 1919,
/ and after a short session. adjourned tO
the Goth day of May, which was then APP
! pointed to be the commencement of one Of
It's regular terms Judge Henderson was
appointed by his associates to preside as
| Chief Justice, (Chief Justice Taylor was
| dead and Hon. Thos. Ruftin had been
| elected member of the court0 and
continued to occupy that position until his
/ DEATH which occurred at his residence
near Williamsborough in the county of
Granville. on the 18th day of August, 1888
\ delineation of the character of Judge
Henderson, as a man; of his qualities III
the social relations of life; of his profes
| sional attainments; and of his qualltica
tions for the place which he 50 long filled
| on the bench, Is no easy task. The writer
| Of the present memoir, feels its difficulties
pressing upon him in a peculiar manner.
He was Judge Hendtrson,s pupil in the
study of the law for more than three years.
He remembers his uniform kindness, his
! constant attention, and his valuable IN
| structions with fond affection He fee 5
that he cannot, if he would, divest himself
OF that partiality which such intercourse
| between a preceptOr and pupil, is so well
calculated to inspire. AS a man, then, he
was not without fault. Coming into public
life about the time when infidelity had
overspread France, and, in consequence
of our alliance with her. had been eXten-
sively introduced into this country, he, in
common with too many OF our most dis
tnguished lawyers and public men. became
pies. The consequence was, that with him,
as with them, there was not that purity of
manners and morals which the genuine
spirit Of christianity alone can produce.
But from this remark it is not to be under
stood that there was anything in his con
duct which, in his day and generation,
detracted from his character as a high
minded, honorable gentleman. His vices
were the faults of the age in which he
lived; his virtues were his own. He was
far above everything that could be consid-
cred sordid or mean. He was temperate,
truthful, candid, generous and charitable.
In the last named quality, he was distin-
guished in the best sense of the term. HC
neither Judged harsilly, nor spoke evil OF
his fellow man. Although very far from
being rich in this world's goods, he never
closed his hand against the wants of q
poor neig bor, or turned away his eal
from the tale of distress.
In domestic and social life Judge Hen
t derson was kind, atfable and courteous
2 He possessed in no ordinary degree, the
love Of his wife and Children and ther,
t WIS no man whose intercourse with hi.
t family was better calculated to win theil
confidence and affection To the student,
f who attended the law school which he es
: tablished after he became Judge Of The
: Supreme Court he was always kind ac
: ceSSble and communicative.
e 1t was as Judge that the subject O
G this memoir was most generally known
t and for the judicial office, he had man,
: eminent qualifications. Ha was unques
0 tionably a man of genius, and in early If
q he had studied with assiduity and success
) the principles of the common law, and ha,
made himself familiar with its ground
h and reasons. The writer we'll remember
I hearing him say, that on one occasion
e while he was student, he came upon
passage in Bacon's Abridgement, which h
f could not understands and, his precepto
: being from home, SO that he could no
I then get it explained, he came very nea
, throwing aside his books in despair, an
+ abandoning the profession forever. Late
- in life, he could not so we'll endure tn
i fatigue of reading books, and relied niue
r perhaps too much-on his recollecto
- of principles, and his power of reasonin
!. upon them. Hence, we find his opinion
+ less fortified than usual by reference t
. adjudcated cases and the citation of ele
. mentary treatises. He had an honest, a
/, well us strong mind, and in all his argu
: ments we find predominant an anxiou
search after truth. For this reason he wa
!, restive, when he found himself oppose
:, by precedents which he thought were III
y = supported by principle.
q We have said that the Judge was, i