Page:The Green Bag (1889–1914), Volume 04.pdf/562

 The Supreme Court of. North Carolina.

527

death, Chief-Justice Ruffin in his reply acter eloquently described by Lord Mansfield summed up the opinion of the court, of as that "which follows a man, not that which the bar, and of the public: " We knew that is run after, but which, sooner or later, never he was a good man and a great judge." fails to do justice to the pursuit of noble ends Hoth houses of the General Assembly passed by noble means." unanimously resolutions expressing a deep One great element of his abiding popularity, sense of the public loss, — an unusual cir in addition to his high integrity and great tal cumstance. His death was incidentally the ents, was his unswerving devotion to his native State. When solicited to accept emolument

occasion of a singular proceeding. The Su preme Court continued and fame elsewhere, in session, though the he always replied : vacancy was not im "Providence has mediately filled. Upon placed me here, and the receipt below of 't is my duty, as well the certificate of opin as pleasure, to do what ion from the Supreme I can for my native Court, affirming the State." We have seen judgment in a capital why he declined a seat case, Judge Pearson, in the United States then upon the Supe Senate. In a letter to rior Court, took judi one of his daughters cial cognizance that he said : " The re there were but two sources of our State lie judges upon the up buried and unknown; per bench when the when developed, as decision was rendered, they must be erelong, and ruled that the ac she will be raised to a tion of that court was consequence not gen extra-judicial and in erally anticipated." valid except when com His talents, his char posed of three judges, acter, and his attain and refused to execute ments were such that the mandate. This Chief-Justice Marshall WILLTAM H. BATTLE. action, coming up for was heard more than review (State v. Lane, once to say that he 26 N. C. 434), it was reversed, the opinion by would cheerfully resign if, by so doing, he Chief-Justice Ruffin holding that upon the could secure the appointment of Judge Gas death of one of the judges of the Supreme ton in his stead. He was so well-rounded Court the two surviving judges have full a man, so uniformly great, that he did not power and authority to hold the court and show his full stature; just as a tall but wellexercise all its functions. An exactly similar proportioned man does not seem as high as case happened in South Carolina last year, a less symmetrical one of the same height. after the death of Chief-Justice Simpson; and The sharp contrast of his excellence with that court came to the same conclusion as that in which he is deficient is needed. ours. Gaston's goodness, benevolence, and mild Judge Gaston was in his day one of the ness of manner were so attractive that his most popular men the State has ever known. mental superiority was less noted than it His popularity, too, was of that solid char would have been in a man with less to rec