The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1889-11-22


good address or book In its preparation he
gave much time to the examination of old
records aud as a result of his research has
given to Us a succinct and regular history
Of our highest tribunal from the earliest
date to the year 1889. There is no record
of any court in North Carolina previous to
1869 though it may be presumed that un
der I.RUMMOND there were courts in the
provincial period. The Lords Proprietors
had eight grand courts, one Of super emf
Proprietors themselves, the oldest presid-
ing, and acting us Chief Justice. All Of
the judges were not lawyers, and it was
not until 1924 that Judge was required
''to be learned in the law" Under the
Constitution, LORD ASHLEY was the first
Chief Justice of North Carolina There
was also Court of Chancery Of almost
despotic power composed of the Governor
and bis Council Tracing the history of the
times, DR.. BATTLE next finds CHRISTOPHER
GALE Chief Justice. Succeeding him came
TOBIAS KNIGHT, followed by FREDERICK
JONES, and then GALE again, who held
after the transfer of the Lords Proprietors
in 1923 of their jurisdictional rights to the
crown, albeit there were often strong dis
putes between him and BURLINGTON, the
first royal Governor. GALE was succeeded
by WM. SMITH, he by JOHN PALM, he by
WM. LITTLE and he by DANIEL HAMMER,
-I,.o foII
DR.. BATTLE shows that the Chief Justi-
ces of that time were not as good men as
they ought to be. He holds GALE in much
esteem, but is constrained to tell that JONES
bail; that LITTLE was guilty Of oppression
and extortion; that HAMMER was imprison-
ed for perjury, and that the Governor de-
nounced SMITH in writing as 1.-The jest and
scorn of the men y 90 perverted him:
silly, rash boy, a busy fool and an eyre
gious sot; an ungratetul, perfdious scoun
drel, as much wanting in truth as under
standing" 1t is to be said, however, in
justice TO SMITH, that BURLINGTON was
brute and his testimony is to De received
with many grains Of allowance.
II 1746 there was a change in the judi
cial system and afterward breaks in the
system. The Judges held the courts in
the court houses, and tnen sat as an APP
pelIate court. This was after the English
fashion. 1t was in 1918 that the Supreme
Court was established on practically It's
present basis. The Judges 10 longer rode
the circuits, and it was an Appellate
Court in fact. Since the organization Of
the court, except during war time, the
salary of the Justices has been fixed at
s., 800 The address is interspersed and
euiiyened with anec otes and "asides'
which add u It's interest. lis absolute ac-
curacy makes it invaluable, and in It's pre-
paration and publication DR.. BATTLE has
won the right to the thanks Of the whole
State.
DR. BATTLE has received letter from
REV. CHAs. + DEEMS, OF New York, who
compliments the address in tie highest
terms, saying ''your pamphlet is so valua
BILE that | intend 10 present my copy to
the New York Historical Society, whose
founder, Francis Hawks, was once, as you
set forth, reporter Of the Supreme Court
OF North Carolina At the close of the
reading, l concurred in my wifes opinion,
-'Isn't it grand that North Carolina has
been able to furnish such great mem"
DR. DEEMS adds
know several stories about the judges
7 i
toire. For their authenticity | do no.
vouch.
For instance, / heard that when his
neighbors wished to employ teacher for
their school old Judge Henderson was in
structed to engage young Yankee for
twenty dollars month, and. If he could
not secure him for that, 10 give twenty
five. The Judge sent for him and said,
Mr.. Blank, | am instructed 20 offer you
twenty dollars a month to become our
teacher, but if | can not secure you at
that price, | am instructed to offer you
twenty-five" The shrewd young school
master replied, ''Well, Judge, am sorry
to say that you can not secure me for
twenty"
An illustration of the use of legal terms
in non-legal matters, l heard d story, l
think it was of Judges Ruffin and Nash
sustain he dogma of Apostolic Succession.
As they came out of church Ruffin said to
Nash, "Well, Judge, what's your opinion
in this case?n and Nash replied, why
Judge, | have no doubt as to the original
transfer, but have very grave doubts as
to the mesne descent"
The other address by DR. BATTLE is
Judicial Trials of the New Testament" :"
which was delivered before the Institute
of Christian Philosophy, of which REV.
DR. DEEMS is President. The address is
one of marked ability. and has been warm
ly praised by distinguished divines in this
country and in Europe 1t is a critical aud
lawyer-i.ke examination Of all the trials
mentioned in the New Testament and
shows perfect familiarity with the juris-
prudence of ancient Rome and ancient
Palestine. We can attempt no synopsis
of it, Every lawyer, preacher, teacher
find that it throws light upon much that
appears dark in the New Testament, and
that it is full of inst ruction ia other ways.
The CHRONICLE is proud that North Cor
Gilman has written an address that has
received such praise from eminent men,
and praise that the address richly merits.
Generous Act and Good Example.