The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1892-11-24
RESOLUTIONS OF RESPECT
ADOPTED AT TIE MEETING OF
THE BAR NESrERDAY
To The Memory of the Late Chief Jus
tice Berrinion. Citizen. a States
man. soldier and a Juri>t-
sketch of Hi. Life

bar at the supreme court room, at which
committee presented the following
sketch and resolutions of respect to the
memory If late Hon. A. S Merrimon,
and recommended their adoption:
Augustus Summerfeld Merrimon. late
chief justice of the supreme court of
North Carolina. was born on the 10Th
day Of September, 1880, at Cherrytield,
now in the coanty Of Pennsylvania, but
then in the county Of Buncombe North
Carolina His father was the Rev
Branch H. Merrimon of the Methodist
Episcopal church, and his mother was
| Mary f. Merrimon, whose maiden name
was Paxton. He was grand SON Of
| that distinguished hero Of the Revolu
tion Charles Mcdowell, Of Burke county
Soon after his marriage, his father moved
to Mills River, at that time also part of
Buncombe county aud added to
tions of farmer and merchant,
His fathers circumstances denied the
aspiring boy the advantages of the
higher schools, and life of daily toll
restrictt his efforts at self-improvement
But his youthful ambition could not
easily be restrained and his thirst for
knowledge was so great that he prepared
himself 10 enter the high school at Ashe
Vile, and after eight months spent there
IS a scholor, and six months as assistant
teacher in the English bran ches, he com
menced the study of the law In twelve
months he was prepared for and obtained
his license to practice in the county
courts and within year thereafter OBJ
tanned his Superior court license. In q
very short time he had fair practice,
for his studiousness, his careful prepara
tion of his cases and his fidelity soon
received the consideration they deserved.
He entered early in the political contrO-
versies which were convulsing NORTH
Carolina just prior to the war and il
1860 was elected to the house of com
mons from the county of Buncombe
The session of the general assembly o
1S60-61 was a strong one and was shaker
to its centre by the discussions concern
y ing the great question of secession. Mr.
Merrimon was Union whig and die
f valiant and able service for his cause
Y but when by the irresistible march O
events the war came on, he at once vol
=, unteered as a private in the army of ia
!, Confederate states and during mis- shoI
? service as private and as captain did hi
full duty as a soldier.
" In 1851 he was appointed solicitor {
t. the Buncombe circuit, and subsequent
$ by election, held that office, at that tin
one of danger and responsibility, unit
7. the war closed. At the session of Il
to general assembly in 1S65-66 he W,
Of elected Judge Of the superior court, ,whiC
office he resigned in the winter of 1s6
In the perilous unsettled days imm
~ diately after the war he rode the rlou
is sue1, H 81 and displayed the create
:, tain Circua the discharge Of HE du
- heroisn qost aagerons surrounding
amid the iptr. oi 5G6, Judge Merrim
he In the fan.rs Wake circuit aud wh
c was riding the / Johnston county be
h, holding court / from the officer t.
ceived an orderA Id 5..". q co,
mand of the 10 g. m. ansepartment
- North and South Carolina to susper
" proceedings on an indictment, whit
: had beer found against large numb
of men charged with riot. He refus,
II to obey the order, but as the case W
i'll continued. there was then no open co
is tlict of authority. Shortly afterward
viii holding court in another county.
~ similar order was issued to him. He d
~ termined not to obey it, but finding tn
= ne was as Judge unable to resist d
- overwhelming power Of the army Of t
United States, he at once rendered |
resignation TO the Governor, (tne estim
IL bic Jonathan WORTH. Governor Wort
rs however, persuaded him to withhold
he until after he tried the great Johns
tn will case" then set for trial before hi
in Chowan county This trial lasted fol
weeks and resulted in the establis
i, ment of the will aud also plac
~ upon frmer foundation Judge Mer
~ mons reputation as great lawyer al
'ie an impartial Judge Immediately up
the close Of that trial, his resignati
is was accepted and he resumed the pra
he tice of the law.
ed He removed from Ashevile to Ralei
he and formed a partnership with y
Samuel F. Phillips, un Ter the firm nal
Of Phillips & Merrimon. Subsequent
ba Mr. Phillips having been appoint
~ solicitor general of the United States
l. became associated with Mr.. Thomas
~ Fuller and Mr.. Samuel A. Ashe. und
~ - the style of Merrimon, Fuller & Asl
-. Later Mr. Ashe went into journalism a
~ the firm became MerrimOn & Fuller.
In 1872 Judge Merrimon was I
democratic candidate for governor a
", made laborious and brilliant canvass
Its the state, but By narrow majority fail
by of an election. In the winter Of 1872
re, he was elected United States senator
Dol the general assembly, and his service
srn six years in the senate was honorable
J himself TO his party, MS state and !
ks country. His terra - senator eypir
om March 4, 1879, and thereupou he return
to his lax practice in Raleigh.
In 1888, upon the resignation
Thomas Ruffin, associate justice Of
supreme court, Judge Merrlmon was 3
lrv pointed by Governor Jarvis to fill
the vacancy, which appointment was ratif
he by the people at the next election T
ids position he held until the death OF Ch
Justice Smith in November, 1889, wi
he was appointed by Governor Fowle
be chief justice Of the supreme cou
ana having subsequently been elected
"a the people, he held that position until
,l;a death on the l4th day OF November, 10
10 10 AS associate and as chief justice Of
IA "A supreme court, Judge Merrimon {
- played in an eminent degree the quail,
that had always characterized his
and had brought him eminence in
profession and in the senate. HIS M
was honestly logical and went TO
ess legitima e conclusion in every C
cen without regard to any pre- c
av ceived opinion. His style
r strong sometimes rugged, always int
esting. His name will live amOng III
Of the great lawyers VINO adorn the
ans n4ls of North Carolina jurispruden 3e.
teo Thus honored in life, with the re-
rec ence of all the people Of his native st
or at his home in Raleigh, surrounded
)ro- wife, children ard friends, peacef
fer passed away one Of the most useful
a+ I Io,OroI ~ Moth (rarolIpa t.