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 The Supreme Court of North Carolina.

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for promotion. In May, 1848, upon the In 1876 he was chosen President of the death of Judge Daniel, he was appointed Raleigh National Bank. In 1877 his son, by Gov. Wm. A. Graham to fill the vacancy Hon. Kemp P. Battle, having been elected upon the Supreme Court bench until the President of the university, Judge Battle meeting of the ensuing legislature. That returned to Chapel Hill, and was again body failed to confirm the appointment, and elected professor of law. In 1866 Judge Battle published a Digest Judge Pearson was elected. The reason given was that there was already a governor, of the North Carolina Reports, in three vol a U. S. Senator, anil three judges in the umes. In the preface to the third volume

he says that he " has county of Orange read over every case where Judge Battle ever reported in North resided. There being, Carolina from the be however, a vacancy ginning to the end." upon the Superior To these he after Court bench, he was wards added a fourth, immediately elected bringing the work thereto without oppo down to the year 1874, sition, being thechoice and including the sev of both political par entieth volume of Re ties. Members of the ports. In 1872 he legislature withoutdiswas again appointed tinction of party united by the legislature to in a letter requesting revise our statutes. him to accept the of fice. Urged thus and Though alone on the commission, and not by many friends out even given the aid of a side of the legislature, clerk, he produced at he accepted the posi the end of a year's time tion, and again entered the volume known as upon the discharge of "Battle's Revisal." the duties of Superior Judge Battle was Court Judge. In 1852, probably more thor upon the resignation W. B. RODMAN oughly familiar with of Chief-Justice Ruffin, the case law of North Judge Nash became Chief-Justice, and Judge Battle was elected Carolina than any other judge who ever sat to the Supreme Court bench by an almost on the bench. His opinions were expressed unanimous vote and without distinction of in clear, simple language, without effort at party. He filled the position till 1865, when show or effect. He knew the precedents. all the State offices were declared vacant. He eschewed judicial legislation. He had He was then again elected to the Supreme no pet system or ideas to promote. He was Court bench, and occupied the post until eminently a safe judge. In the consultationthe new Constitution was adopted in 1868, room he was invaluable. In more than one in under which the judges were elected by the stance his dissenting opinions have since been people. The State being in the control of held to be the correct declaration of the law, the opposite political party, he then returned as notably in his dissenting opinion in State to the practice at the bar in connection with v. Barfield, 30 N. C. 344 (at his first term), his sons Kemp P. and Richard H. Battle. in which he held, against Ruffin, C. J., and