Page:The Green Bag (1889–1914), Volume 04.pdf/571

 536

navy. She was married twice before she stand in maintaining the writ of Habeas was nineteen years of age. Colonel Pearson Corpus. He was a candidate for the Con stitutional Convention of 1865, but was was her second husband. Judge Pearson's early education was under beaten by Mr. Haynes. When all civil offices were declared vacant that year, he John Mushat at Statesville and at Washing was re-elected to the Supreme Court by the ton City, where the expenses of his educa tion were defrayed by his half-brother, Hon. legislature, and served till the Constitution of Joseph Pearson; his father, an enterprising 1868, when, all offices being again vacated, he was elected Chief-Justice by the people. merchant and planter, having failed in busi He was nominated by both political parties, ness in 1812. He graduated at the Uni versity of North Carolina in 1823, at the age and of course elected without opposition. In 1870, Governor Holden having declared of eighteen, with the highest honors in his class. Among his classmates were Daniel martial law in certain counties, many leading W. Courts, and Judge Robert B. Gilliam; and men were imprisoned by military authority, — the State militia under Kirk. Application among his college mates. Gov. Wm. A. Gra ham, Judge John Bragg of Alabama, Thomas for a writ of Habeas Corpus was made to Obedience to the writ Dews, Judge Augustus Moore, John W. j Judge Pearson. Norwood, David Outlaw, Wm. J. Bingham, issued by him was refused by the military. Ralph Gorrell, Gov. Henry T. Clark, Dan'l Owing to his attitude as to this matter dur M. Barringer, Abraham Rencher, Judge ing the war, high hopes were entertained Anderson Mitchell, Attorney-General J. R. that he, would enforce the efficacy of the J. Daniel, A. O. P. Nicholson and Bishop great writ of right. After hearing argu Otey of Tennessee, B. F. Moore, and his ment (Ex parte Moore, 64 N. C. 802), howown future associates on the Supreme 1 ever, he decided that he could not direct its Court, Judges W. H. Battle and M. E. execution in opposition to the will of the Maniy. He studied law under Chief-Justice Governor, without danger of civil war, and Henderson, and received his license in declared the "judiciary exhausted." This 1826. He began practice at Salisbury, is not the place to discuss a question on and his rise was at once rapid and marked. which so much had been said, and which is For four years (1829-32) he represented as yet still viewed as much from the political Rowan in the House of Commons, the standpoint as the legal one. It is enough Senator from the county at that time being to say that upon his decision being an Judge David F. Caldwell. In 1835 he nounced, a wave of disappointment swept was a candidate for Congress against Hon. over the State, like that which a nation feels, Abraham Rencher and Hon. Burton Craige, when one who but was defeated by Mr. Rencher. In 1836 "Might have lighted up and led his age he was elected Judge of the Superior Courts, Falls back in night." T. P. Devereux being his competitor, and rode the circuits of the State till December, 1848, The prisoners were afterwards released upon when he was elected to the Supreme Court, a Habeas Corpus issued by Judge Brooks of as heretofore stated, over Judge Battle, who the United States Court, whose process the had been appointed by the Governor to fill officer did not dare to disregard. Judge Pear the vacancy caused by the death of Judge son has placed his defence, and the concur Daniel. On the death of Chief-Justice Nash, rence in and approval of his course by his in 1858, he was elected by his associates, brethren of the bench, on record (65 N. C. Judges Battle and R tiffin (who were both 349). Governor Holden was afterwards im peached and removed from office. Chiefon-- the bench for a second time), Chief-Jus tice. During the war he took a very bold Justice Pearson under the Constitution pre