The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-01-30

produced. His head was magnihcently
formed. His intellect was almost per-
feet, and yet he was full Of whims,
caprices and idiosyncrasies. He repre-
scented Craven county in the Legislature
in 1916, when only q years of age; was
elected judge OF the Superior Court when
only %; United States Senator twice;
was a member of the secession conven-
ton Of 1861 and died in 1856. Accord
ing to my recollection, he, in the cOnven-
ton OF 1861, introduced a declaration OF
revolution and offered it as a substitute
for the ordinance of secession intro
duced by Hon. Burton Craige. l have
heard it said that he was the second OF
Stanly In the duel which took place be-
tween him and Hon. Louis ID. Henry,
when all were residing in Newbern, and
that after the first fire, which occurred
without injury, when Henry'S second
stated that honor had been sufficiently
indicated and proposed the stopping OF
further hostilities, Mr.. Badger insisted
on a second fire, when Stanly wa1 killed.
Mr.. Badger possessed the highest moral
courage. He told the truth always, in
it's essence, regardless Of consequences.
He never fattered and never fawned.
He was, At times, very blunt in his
manners, even towards intimate friends,
and did not hesitate to express, in some
decided way, contempt, il he felt it. he
was in general, however, very fair-mind-
ed toward all opponents whom he es-
teemed. He was q staunch Wing, but
liberal in his views, whereas / was a
secession Democrat. / trust / may be
permitted to explain, as | did to Mr.. b.,
that / believed that State had the legal
power to secede, and that, on the pas
sage Of an ordinance by the people, the
allegiance of all citizens were bound to
the State, although the citizens might
believe that there was no cause for the
act, but / did not believe that such an
ordinance should be passed arbitrarily,
but only for such causes as would JUS
tify a revolution in consolidated gov
eminent. He left the impression on my
mind that he considered my doctrine as
sound. AT any rate, he took great
fancy to me, and would often select me
to talk to in the office of the clerk OF
the Supreme Court. On one occasion
Mr.. B., clerk Freeman, De Carteret, a
bookbinder, and myself were in the Of
fee. De Carteret was in his shirt sleeves
and had his working apron on. Presently
James Banks, lawyer of great ability,
walked in. Banks was a Wing and, like
all other Wings, worshipped Mr.. B., and
Mr.. B. had the highest opinion of Banks.
What then occurred illustrates, to some
extent, the qualities and idiosyncrasies
Of MI. B. So soon as Banks walked III
Mr.. Badger, although he had not seen
Banks (who lived in Fayetteville for
months, without any salutation, ex-
claimed: Jim Banks, what did you
come here for? Banks replied: ''Tc
attend the Grand Lodge Of Free Ma
sons" All in the room were Masons ex-
cept Mr.. Badger. Immediately Mr.. B.
jumped up, saying: Jim Banks came
to trot around room with an apron
like this" and thereupon Mr.. B. took out
his bandanna, and, adjusting it like an
apron, trotted around the room, saying:
Jim Banks-yes-here' Jim Banks
prancing around the Masonic lodge"
Then. with terrible sn5er, Jim Banks
Free Mason, and wearing q silk
apron De Carteret sprung toward Mr..
b., saying, very excitedly: Mr.. Badger,
| give you to understand that | am
proud of my apron" EYES," replied, Mr..
B., land well you may bet is the en-
blem of honest industry, but Jim Banks
trotting around with silk apron-hah!'
Then Freeman, who worshipped Mr.. B.,
with his pen behind his ear, went to
Mr.. B., also excitedly, saying: I'm a
Mason and I'm proud of my Masonic
apron" Mr. B. waved him off, saying:
Freeman, you had better return to your
desk Banks, poor fellow, looked like he
could drop through the floor, whilst /,
though a Past Master, almost fell on
the floor, convulsed with laughter. Mr..
B. seemed to like me better ever after.
/ was once going out of the north door
of the Capitol and met Mr.. B.. He had
a newspaper in his hand-a niserably
printed sheet-the Kinston Advocate
and, smiling, as usual, the morning greet
ing, said: Bailey, / wish to make you
a present" replied that any token OF
his regard / would esteem beyond meas
ure, without regard to its intrinsic value.
Then" replied Mr. B.. 81 hand you a
copy Of the Kinston Advocate" tender
ing me the paper held out.
On one occasion man knocked at
his office door, man much disliked by
Mr.. B. Mr. Badger called out to come
in" and as the man started in, he said
to him. Never knock at a lawyers Of
fee door. 1t should always be under
stood as OPEN" then added, What do
you want" The man told him that he
was concerned in heavy litigation and
wished to obtain Mr.. BIS opinion ON
certain points. Mr.. B. replied, thinking
that thereby he would get rid of his
presence, II shall charge you FIVE hun
dred dollars" "All right" responded
the client, and laid down the money be-
fore Mr.. B. 1t is needless to say that the
client eventually received the full value
OF the fee.
never heard him argue an appeal in
the Supreme Court but once. 1t involved
the point as to the capacity of Fay
etteville bank to issue notes under the
denomination Of FIVE dollars. He spoke
for three hours, and listened to every
word he uttered. do not propose to
canvass the merits of the case, but to
mention that Mr.. b., in pressing upon
the court the hberality displayed in the
charter, called attention, with most SOL
emn face, to the grant of powers ito
sell, convey and devise" showing that
it was erected into corporation with
power even to make a will The humor
was greatly enjoyed, but, Of course, it
was a manifest misprint OF devise" for