Page:The Green Bag (1889–1914), Volume 04.pdf/490

 The

Vol. IV.

No. 10.

Green

BOSTON.

Bag.

October, 1892.

THE SUPREME COURT OF NORTH CAROLINA. By Walter Clark. I. THE title " Supreme Court of North Carolina" dates from the Act of 1805; but the court thus styled consisted of a conference of the circuit judges, and was in fact a mere continuation, with some modifi cations, of the previous Court of Conference. In the year 181 8 the Supreme Court, con sisting of judges having appellate duties only, was first established. From 18 18 to 1868 it was composed of three judges. The number was increased by the Constitution of 1868, to consist of a Chief-Justice and four Associate Justices. By constitutional amendment the number of Associate Justices was reduced to two, Jan. 1, 1879; but by another amendment it was again increased to four, Jan. 1, 1889. Since the establishment of the Supreme Court in 18 18 the bench has been occupied by twenty-nine judges, of whom seven were Chief-Justices. In this enumeration are in cluded the present occupants of the bench. This article is intended to be a sketch of the twenty-four incumbents of the Supreme Court of North Carolina from its organiza tion in 18 18, exclusive of those now on the bench. The history of our judiciary prior to the Act of 181 8, creating a separate and distinct body of Appellate Judges, will justify a cursory notice. In 1670, under the cumbersome " Funda mental Constitutions of Carolina," which had been drafted by the celebrated philosopher John Locke, we first hear of a Chief-Justice 58

of North Carolina. He was no less a man than Anthony Ashley Cooper, better known to fame as Lord Shaftesbury. He was one of the eight Lords Proprietors to whom the province of Carolina had been granted by the Crown. Lord Shaftesbury had no inten tion of exercising the duties of the post in person, and appointed one Captain John Willoughby as his deputy. In 1713 we find that Christopher Gale was Chief-Justice. He was born in Yorkshire, England, where his father was rector of a church. He resided and died in Edenton. He left a name that is never mentioned but with respect. The late Col. George Little of Raleigh was a lineal descendant. Gale, owing to difficul ties with the Governor, visited England, and was succeeded by Tobias Knight, who was accused (but acquitted) of complicity with the pirate " Blackbeard." He was succeeded by Frederick Jones, of indifferent fame. Gale, having returned from England, again filled the post. In 1724 Governor Burrington endeavored to eject him, and appointed Thomas Pollock; but the Lords Proprietors refused to confirm him and re-instated Gale. The Proprietors retroceded their sovereignty to the Crown in 1729; and in 1731 Gale was superseded by William Smith, who had been educated at an English University, and had been admitted as a barrister at law in England. Governor Burrington appointed John Palin first to succeed him, and then William Little, son-in-law of Gale, who, soon dying, was succeeded by Daniel Hamner.