USA > North Carolina > Biographical history of North Carolina from colonial times to the present; > Part 25
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
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bench for more than forty years, and he died in the path of duty with his untarnished mantle on.
His character as Chief Justice is so distinctly portrayed by his conduct and opinions, and is so universally understood and recog- nized, that it can be easily delineated. He possessed exalted intel- lect, extensive learning and many rare judicial and administrative qualities. He was remarkable for his cheerful devotion to the important duties of his position, the attention and care which he bestowed on all cases before the Court, and his assiduous labor to dispose of business and to prevent the accumulation of unde- cided cases on the docket. He seemed to feel that justice delayed was justice denied, and at every term he went through the docket and gave every litigant an opportunity of having his case deter- mined. In the hearing of cases he was patient and attentive, and when he went into the conference of the Court he was ready and willing to do more than his share of labor, and he gave his associ- ates the full benefit of his reflection and learning.
When he was in good health I do not remember of ever having seen him weary from judicial labor. The "gladsome light of jurisprudence" seemed to keep his mind always fresh, elastic and vigorous. He never shrank from any responsibility which the duties of his office imposed upon him; no weight of difficulty seemed long to oppress him, no multiplicity of details to confuse him, and no element of excitement to disturb him. He seemed to look through a case at a glance and understood, as by intuition, the facts and points of law involved as well as the able and learned counsel who had laboriously prepared an argument ; and by a few, simple suggestions he would bring distinctly to view the points decisive of the matter, or throw a flood of light upon questions which before had been dark and intricate to the most acute legal minds.
His style of composition in his opinions was not marked with the ease and elegance of classic culture and erudition, but he had a power of prompt and ready expression in correct and appropri- ate diction remarkable for perspicuity and precision. He had a wonderful faculty in marshaling and arraying the most compli-
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cated facts, and lucidly applying the legal principles involved. In important cases his opinions are masterly and luminous judicial compositions, always exhibiting genius and power ; even making difficult subjects easy of comprehension to the untrained popular mind. He often used homely phrases and illustrations taken from everyday life, but they were always apt in elucidation of the mat- ter discussed. In one of his opinions he compared the common law to the bark of the oak, which imperceptibly expands to give room for the exogenous growth of the tree, as it sends its roots deeper into the subsoil and among the rocks, to prepare to with- stand the storms and to extend its branches graceful with foliage, affording healthful and refreshing shades.
Chief Justice Pearson never did any judicial legislation that caused injustice and wrong to individuals or society, and he never departed from the rules of law if they could, by any reasonable construction and application, be made subservient to the adminis- tration of substantial equity and right. He only modified to some extent the rigid rules of the common law by applying the more liberal and enlightened principles of equity jurisprudence, which declare that every legal right should have an adequate remedy.
Before referring to the conduct and opinions of Chief Justice Pearson during the late Civil War, and the bitter and stormy political contest which existed during the long Reconstruction period, I desire to say something as to his political views and history. In 1829 he became a member of the State Legislature, and continued in that service until 1832, and diligently and faith- fully performed all the duties imposed upon him by that important and responsible position. In 1835 he was a candidate for a seat in Congress against the Honorable Abram Rencher and the Hon- orable Burton Craig. During that memorable canvass he used all his energies and intellectual powers in opposition to the spirit of nullification which was rife in the South. He believed in the fundamental doctrine of American independence and freedom- "that all political power is vested in and derived from the people"; and that the American people, in the proper exercise of this right- ful authority, ordained and established the Constitution of the
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United States for the purpose declared in its preamble ; and that the Constitution was an obligatory covenant of perpetual union, making the American people a great nation ; and was not a loose compact of confederation between sovereign and independent States that could be dissolved by the will and action of one of the States of the Confederacy. He also believed that the general government thus formed was paramount in the exercise of its delegated powers, and that Congress could rightfully make such laws as were necessary and proper to advance and secure the purposes for which the government was formed, and that the Supreme Court of the United States was the only lawful tribunal that could finally determine the question whether Congress had exceeded the limits of constitutional authority.
He understood and properly appreciated the true principles of State sovereignty. He believed that the States should control the administration of local affairs, and should secure, protect and enforce individual and local rights, and in all respects exercise all the reserve powers not delegated to the Federal government. He believed that it was the wise and patriotic purpose of the found- ers of our general government to adjust and mold the principles of State and National sovereignty in a harmonious system, sus- taining, strengthening and vitalizing each other, and by thus uniting separate and independent States into a grand, powerful and prosperous nation, able to protect and secure all the blessings of the most enlightened and rational human freedom, greatly contribute to the advancement of the highest forms of Christian civilization.
His patriotism was not cramped and dwarfed by the selfishness of undue State pride and the bitterness of sectional prejudices. but extended to all the States and to the furthermost limits of our great Republic. He was deeply impressed with the belief that the magnificent and beneficent purpose of our fathers could only be accomplished by preserving the Union, which they formed by the Constitution, and by cultivating and cherishing a spirit of nation- ality and brotherhood among the people of every section.
In this canvass he was defeated by the Hon. Abram Rencher,
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who was a State's Rights Democrat, but not an advocate of the doctrines of nullification. From this time Judge Pearson devoted himself exclusively to the profession of the law, and had no politi- cal record until the appearance of his celebrated letter in July, 1868-"An appeal to the calm judgment of North Carolinans," in which he set forth in clear, forcible and patriotic terms the facts and the reasons which influenced him to support General Grant for the Presidency of the United States. He never had any skill in political management or electioneering legerdemain, and I have no knowledge of his having ever attended a party convention in his life. He was an old-line Whig and he was sometimes called a Federalist, as he so firmly believed in the constitutional suprem- acy of the general government, was such a decided friend of the Union, and was so much opposed to the doctrines of secession and nullification. In the excited political contests since the late Civil War, he never held extreme opinions or expressed his views with offensive violence, and I feel sure that he never suffered political considerations to influence his judicial decisions. He was not a partizan, but was truly conservative and national in all his views, and earnestly wished that the bitter sectional political ani- mosities of the times might be soothed and calmed by wise and patriotic action and counsel, and not be transmitted as an inheri- tance of hatred to posterity. He honestly believed that he adhered to the sound, liberal and patriotic principles of the old Whig Party, and he was not able to fully understand how he became dis- severed from his old Whig friends of former years.
With anxious solicitude and fearful apprehensions he wit- nessed the gathering clouds of civil war, and the cup of his sor- row was full when the fearful storm of fratricidal strife burst in fury over the peaceful homes of the land, and North Carolina attempted to leave the Union formed by the thirteen revolutionary sister States, and her true, brave and gallant sons were marching under a strange flag and firing upon the "Old Flag" that had floated in triumph over the battlefields of American glory and freedom consecrated by the blood of their fathers. Although the proud and patriotic memories of the olden time still thrilled his
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heart, and he looked with sad forebodings into the dark and ter- rible future, he joined his fortunes with his native State, deeply sympathized in the sorrows and misfortunes of his people, and was proud of the patient endurance and heroic deeds of North Carolina soldiers.
In 1863 the fortunes of war became adverse to the South-the Confederate Government strained every nerve and sinew to main- tain the unequal contest against overwhelming odds and disastrous defeats ; conscription laws with unjust discriminations were passed by Congress, and enrolling officers with military escorts were visit- ing the humble homes of the land to arrest the unwilling con- scripts, to make them fight in a cause in which they had no per- sonal interest and against a government which they still honored and loved. In the ardent zeal for success, and under fearful apprehension of defeat, and with the arbitrary opinions of mili- tary supremacy, many of the fundamental principles of constitu- tional freedom were disregarded-military authority became supreme, and the civil laws seemed silent in the assertion of right, and gloom and terror filled the hearts and homes of the people.
At this time Chief Justice Pearson was applied to for writs of habeas corpus to protect and secure the legal and constitutional rights of citizens, who fled to the civil courts for refuge from the oppressions of military power. The writs were issued, and per- sons unlawfully detained were discharged from custody; and in opinions of great clearness and force he maintained the suprem- acy of the civil over the military authority. The War Depart- ment at Richmond determined to disregard the decision of Judge Pearson, but he was successful in the contest, as he was sustained by Governor Vance, who, although a warm friend of the Confed- erate Government, felt it to be his duty to maintain the suprem- acy of the civil law when declared by judicial authority.
I will make no further reference to the action of Chief Justice Pearson in those cases. His written opinions are a part of the legal history of the State; his conduct was passed upon by the tribunal of public sentiment, and his grateful and admiring coun- trymen in electing him by an almost unanimous vote to the Chief
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Justiceship, in 1868, pronounced a verdict of vindication, approval, confidence and honor.
Upon entering upon the duties of Chief Justice under the newly formed State government, he was surrounded with many embar- rassments and was called upon to consider and determine many cases of "new impressions," presenting difficult and perplexing legal questions growing out of the late war and the Reconstruction measures which followed. The abolition of slave property, which had before constituted a large part of the wealth of the State, embarrassed our railway improvements, broke our State banks, disorganized our labor system and industrial interests, and brought a large number of our most enterprising, intelligent and energetic citizens into bankruptcy. These adverse circumstances gave rise to a large amount of business in the courts from novel sources of litigation. Numerous remedial statutes and ordinances were enacted in legislatures and conventions which made great innova- tions and radical changes in our old system of government, many of which were ill-considered and unwise, and had to be fre- quently amended or repealed. The system of pleading and pro- cedure in the courts which had been derived from the common law, and had been shaped, molded and regulated by the experi- ence and judicial wisdom of ages, were suddenly swept away, and a new system of civil procedure established for the administration of justice. The difficulties and embarrassments which surrounded the courts in this transition and revolutionary period were greatly increased by the bitter partizan contests which divided and estranged our people. The courts and judges were the subjects of constant denunciation in a part of the public press and on the excited hustings. Many members of the bar, of high position and influence, who in former times had been strong friends of the bench, in the heat of party animosity and under the exasperation of defeat, pronounced a judgment of condemnation against the justices of the Supreme Court upon the unjust statements of a party press, before the condemned had any opportunity of explana- tion and defense. The power exercised by the Court was founded in right reason, well-established precedents, and was well sus-
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tained by the highest judicial authority both in this country and in England. The justices were not influenced by any personal animosity or prejudice, but acted from a high sense of duty in sustaining the rights and dignity of the Court and asserting the majesty of the Law.
. I will make no further reference to this unfortunate conflict between the bench and the bar. I desire not to stir the ashes and cinders which time, calm consideration and reconciliation have spread over the almost extinct embers of former controversy.
In no period of Chief Justice Pearson's life did he exhibit a more elevated moral courage, and more exalted wisdom and intel- lectual power, than in leading the Supreme Court and the bar to the solution and determination of the difficult and perplexing legal questions which were presented for adjudication. His opin- ions are to be found in our State reports, and they need no com- mendation from me, as they speak for themselves to the calm and enlightened judgment of the Bar and the country.
I hope that I do not violate the solemn proprieties of this occa- sion in referring briefly to the celebrated habeas corpus cases before the Chief Justice, which grew out of the arrests made under the order of Governor Holden, the lawful commander-in-chief of. the militia of the State. I have distinct impressions, clear con- victions, and vivid recollections of those troublous and terrible times. In these quiet days of peace and restored reason, scenes and events sometimes come to the 'memory of us all, and seem like the hideous phantoms of distempered dreams.
I know well the thoughts, the feelings and the motives which influenced the action of the Chief Justice, and I approved them then and I approve them now. On this subject his fame needs no vindication from me, for with his own hand he wrote a memo- rial to the Legislature which, under the advice of friends, was not presented, but it has been published since his death. His clear, candid and truthful statement of facts and motives in that memorial must produce a complete and triumphant vindication in every unprejudiced mind. I hope, however, that I can with pro- priety express my individual opinion. In those cases he was influ-
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enced by sound reason and patrictic prudence, and by the concur- ring opinion of ali his associate justices, sustained by the satisfactory decision of Chief Justice Taney in a case involving similar questions and circumstances. He sincerely believed that if he had issued the unlawful order requested, he would have caused military insubordination, and brought on the bloody strife of civil war. He did what he thought was right, and disregarded the importunity and urgency of public clamor that surrounded him. He felt that if he issued that order he would violate the law which he had sworn to support, and would have the blood of his fellow-citizens on his hand and on his soul. In his conduct he displayed a firmness, dignity and lofty courage equal to that of the noble Roman Senator when assailed by the barbarous and infuriated soldiers of Brennus.
I recall with pleasure the memory of my association with Chief Justice Pearson on the bench of the Supreme Court. Before that time my relations with him were only of a professional character, and I had not become acquainted with his many private virtues. I had regarded him as somewhat stern and reserved in his deport- ment, and was pleased to find him so kind, affable, genial and generous in his nature. During an intimate association of four years, I do not remember a single unkind word that ever passed between my brethren of the bench in any of the conferences of the court.
The peculiar circumstances of the times, to which I have here- tofore alluded, often placed him in positions of danger and diffi- culty. When bitterly denounced by a portion of the public press, assailed by rancorous partizan clamor, threatened with impeach- ment, charged with gross dereliction of duty and corruption in office -- when foibles were magnified into vices, and even the affairs of private life were the subject of caviling criticism, and he was deserted by timid and faithless friends upon whom he had bestowed confidence and kindness-he bore all with sublime patience and lofty heroism, and remained steadfast and self- reliant in the discharge of his important public duties. He stood like a grand rock on the ocean shore, unmoved by the rage of
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the billows, although for a time obscured by the murky mist and covered by the spiteful spray of the tempest.
I will now refer to some matters about which there can be no difference of opinion. Chief Justice Pearson was a worthy high priest in the temple of Jurisprudence-that noble and elevated science that has received the admiration and devotion, and called forth the highest and best efforts of the most virtuous, enlight- ened and intellectual men of all the ages. He was at the time of his death the acknowledged head of the legal profession of the State, and ranked among the leading lawyers of the age.
He was a peer among the great judges of England and America, who have adorned the bench and done so much to strengthen the citadel and build the bastions and bulwarks of justice and truth, of human rights and human freedom.
I feel that I would do injustice to the memory of my friend were I not to make further reference to his private life and character. When he entered upon the duties of manhood, he felt that "Life is real, life is earnest," and he had a fixed and deter- mined purpose to achieve success. He was prudent and indus- trious in business, and soon obtained the means to repay every dollar which his generous brother had advanced toward his educa- tion, and he also laid the foundation of the ample fortune which he afterward acquired.
When a young man, he entered with much zest into the enjoy- ment of social life, and was remarkably fond of the society of ladies ; and I am informed that this pleasant and elevating associa- tion sometimes gave him the inspiration of the Muses. In 1831 he married Margaret, the handsome and intelligent daughter of Colonel John Williams of Tennessee, and had by her ten chil- dren, only three of whom survived him. He commenced his mar- ried life at Mocksville, and was very kind and affectionate in all his family relations, and no place had for him such charms and attractions as his home. He was fond of cultivating his garden and farm, and often labored with his own hands. He was plain and simple in his tastes and manners, and was always pleased to have his friends at his hospitable board. When his time was not
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engaged by the urgent demands of public duty, he was fond of relaxation and pleasures of society, and he laid aside the dignified manners of a judge and became an affable companion. On such occasions he never exhibited any pride of genius and extensive learning, or assumed any superiority on account of his high official position, but with simplicity of manner and with unaffected inter- est, talked with ease and familiarity about the ordinary topics of social intercourse. In such conversations he expressed his opin- ions with frankness and candor, and often with much originality and force. He was free from anything like hypocrisy and deceit, and on all subjects his views were eminently practical, as he pos- sessed in a high degree the genius of common sense. He was not ostentatious in his benevolences and charities, but he always remembered the trials, privations and hardships of his early life ; and many a young man in similar condition was the recipient of his favors, and his quiet beneficences will long be remembered by the humble poor.
Soon after Chief Justice Pearson was elected a Superior Court Judge, he opened a law school at Mocksville, and acquired much reputation as a legal instructor, and obtained a number of students who became eminent in the profession-some as leading lawyers, some as Superior Court judges, and some sat by his side on the Supreme Court bench.
In 1847 he moved to Richmond Hill, in Surry County, where he lost the wife of his early love, and remained a widower for several years. In 1859 he married Mrs. Mary Bynum, and this genial, practical and highly accomplished wife was the partner of his joys and sorrows, and presided over his hospitable home until his death.
At Richmond Hill the law school was very prosperous. I have heard him say that he had instructed more than a thousand law students, who are scattered throughout the State and nation. He had great skill in the art of communicating knowledge, and by his cheerful and paternal manner he won the respect, confidence and affection of "his boys." He had no strictly scientific arrangement or definite scholastic system of education, but he communicated
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instruction by frequent examination on the text-books, accom- panied by familiar conversational lectures, and, like the great philosopher of Athens, he never reduced any of his lectures to writing. He was fond and proud of "his boys," and did not con- fine his instructions to the class-room. He would talk to them on legal subjects whenever an opportunity was presented-at the table, on the path in the woods as they went to a neighbor's house, at the fishing place on the river, and in the Summer afternoons as they sat beneath the shades of the old oaks on the hill or down by the spring.
Silence and solitude now reign at Richmond Hill, for the "old man eloquent" is dead; but the fame and influence of Chief Jus- tice Pearson is more indelibly inscribed upon the legal and judicial history of North Carolina than the name carved upon the granite shaft that marks his tomb.
Robert P. Dick.
THOMAS MERRITT PITTMAN
I F Mr. Pittman chooses to disregard the influ- ence of his forefathers on his disposition and character, and the guidance and assistance of stanch friends in his early manhood, he can with truth call himself a self-made man. He was deprived of the care and training of his parents in early childhood, and after fourteen years of age he was entirely dependent upon his own energy and labor for a liveli- hood. He had only the meager schooling of a country lad, though fortunate in having excellent teachers, but, by probity and assidu- ous application, while yet a boy he had become a skilled artizan. Under the stimulus of ambition and with the friendly counsel of kindly lawyers whom he already reckoned among his friends, he turned from the shop to the study of Blackstone and the intrica- cies of Coke. Before becoming of age, he secured his license to practice law ; and he has now won for himself not only an hon- orable name and station in the most learned of all the professions, · but has grasped the stylus of Clio and undertaken critical research into the history of the law and legal procedure of the Jews, as well as into the chronicles of his native State.
He was born in Franklin County, North Carolina, November 24, 1857, the son of Alfred H. Pittman and Elizabeth Alston Neathery. Mr. Pittman's family is descended from the brother of Richard Bennett, a member of a company that landed in Vir- ginia about 1622, who was a Puritan, or Independent, quite a
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