Life and character of Hon. Thomas 
 Ruff In 
 
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The University of 
 North Carolina Library 
 
 From the 
 ERNEST HAYWOOD LIBRARY 
 
 Established in Memory of 
 
 John Haywood, Trustee 1789-1827 
 
 Edmund Burke Haywood, 1843-46 
 
 Ernest Haywood, '80 
 
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LIFE AND CHARACTER 
 
 OF THE 
 
 HON. THOMAS RUFFIN, 
 
 Late Chief Justice of North Carolina. 
 
 ^ MEMORIAL ORATION, 
 
 WILLIAM A. GRAHAM, 
 
 Delivered before the Agricultural Society of the State, by its request, 
 at the Annual Fair in Raleigh, Oct. 21st, 1870. 
 
 EALEIGH, N. (J. 
 
 NlCnOIiS & GOKMAN, BOOK AND JOB rBINTER.S. 
 
LIFE AND CHARACTER 
 
 OF THE 
 
 HOJ(. THOMAS RUFFIN, 
 
 Late Chief Justice of North Carolina. 
 
 A MEMORIAL ORATION, 
 
 BY 
 
 T\1LLIA]\I A. GRAHA^r, 
 
 Delivered before the Agricultural Society of the State, by its request, 
 at the Annual Fair in Raleigh, Oct. 21st, 1870. 
 
 EALEIGH, K 0.: 
 
 NICHOLS & GOKMAX, BOOK AXD JOB PRIXTERS. 
 
 1871. 
 
ORATION. 
 
 The patriotic people of tbe Coimty of Kockingliam 
 in a public assemblage at tbeir first Superior Court 
 after tbe deatb of Cbief Justice Euffix, in which 
 they were joined with cordial sympathy by the gen- 
 tlemen of the bar of that Court, resolved to manifest 
 their appreciation of his talents, virtues and pubhc 
 usefulness, by causing to be pronounced a memorial 
 oration on his life and character. Such an offering 
 was deemed by them a fitting tribute from a people 
 among whom his fiimily first settled upon their arri- 
 val in Xorth Carolina, and with whom he had been 
 associated as a planter and cultivator of the soil from 
 his early manhood till his decease. 
 
 The Agricultural Society of the State, of which for 
 many years he had been a distinguished President, 
 subsequently determined on a like offering to his mem- 
 ory at their annual Fair. The invitation to prepare 
 such a discourse has been by both l)odies extended to 
 the same individual. The task is undertaken with dif- 
 fidence, and a sense of apprehension, that amid the 
 multiplicity of other engagements, its fulfilment may 
 fail in doing justice to the subject of the memoir. 
 
 Thomas Ruffin, the eldest child of his parents, was 
 born at ^''ewington, the residence of his macernal 
 (rrand Father, Thomas Ptoane, in the County of King 
 and (,)ueen, in Virginia, on the 17t]i of Xovember, 
 1787. 
 
4 Life and Cliaracter of the 
 
 His Father, Sterling Euffin, Esquire, was a planter 
 in the neighboring County of Essex, who subse- 
 quently transferred his residence to I^orth Carolina, 
 and died in the County of Caswell. Ardent in his 
 religious sentiments, and long attached to the Meth- 
 odist Episcopal Church, he very late in life, entered 
 the ministry, and was for a few years prior to his 
 death, a preacher in that denomination. 
 
 His Mother, Ahce Eoane, was of a family much 
 distinguished in Virginia by the public service of 
 many of its members, and was herself first cousin 
 of Spencer Eoane, the Chief Justice of that State 
 in the past generation, whose judicial course, con- 
 nected as it was with questions of difficulty and 
 importance in constitutional law, gave him high pro- 
 fessional, as well as political, distinction ; but it may 
 well be doubted, whether, in all that constitutes a 
 great lawyer, he had any pre-eminence over the sub- 
 ject of our present notice, his junior kinsman in 
 Xorth Carohna, then but rising into fame, and des- 
 tined to fiU the like office in his own State. 
 
 His Father, though not affluent, had a respectable 
 fortune, and sought for the son the best means of 
 education. His early boyhood was passed on the 
 farm in Essex, and in attendance on the schools of 
 the vicinity. Thence, at a suitable age, he was sent 
 to a classical Academy in the beautiful and health- 
 ful village of Warrenton, in North Carolina, then 
 under the instruction of Mr. Marcus George, an 
 Irishman by birth and education, a fine classical 
 scholar and most painstaking and skillful instructor, 
 especially in elocution, as we must believe, since 
 
Hon. Thomas Rnjjln. 5 
 
 amoug his pupils who survived to our times, we 
 fiud the best readers of our acquaiutance iu their 
 day. His excellence in this particular was probablj'- 
 attributable to his experience on the theatrical stage, 
 where he had spent a portion of his life. He 
 made his first appearance in the State at the 
 Convention in Hillsborough, in 1788, which rejected 
 the Federal Constitution, in search of employment 
 as a teacher, was engaged by the Warren gentlemen 
 then in attendance, and many years subsequently 
 was still at the head of a flourishing school, in 
 which our student entered. The system and dis- 
 cipline of Mr. George conformed to the ancient 
 regime^ and placed great faith in the rod. He is 
 described as a man of much personal prowess and 
 spirit, who did not scruple to administer it on his 
 pupils, when sloth, delinquency or misbehavior requu:ed, 
 without reference to age, size or other circumstances. 
 Yet he secured the respect of his patrons, and the 
 confidence of the public, and inspu^ed the gratitude 
 and affection of his pupils in a remarkable degree. 
 This turning aside from our subject, to pay a 
 passing tribute to his old preceptor, is deemed to be 
 justified not only by the long and useful labors of 
 Mr. George, in the instruction of youth in the gen- 
 eration in which Mr. Kuffin's lot was cast, but because 
 he himself entertained the highest appreciation of the 
 profession of an instructor, accustoming himself to 
 speak of it as one of the most honorable and bene- 
 ficent of human employments. Throughout his labo- 
 rious and well-spent life, he often acknowledged his 
 
6 Life and Character of the 
 
 obligations of gratitude for the earl}^ training lie liad 
 received under the tuition of this faithful, but some- 
 what eccentric son of Erin. And it may well be 
 doubted whether Lord Eldou, in the maturity of his 
 wisdom and great age, retained a more grateful and 
 affectionate recollection of Master Moises of the High 
 School of IS'ew Gastle, than did Chief Justice Eufifin 
 of Master George of the Warrenton Male Academy. 
 At this institution were assembled the sons of most 
 of the citizens of Eastern North Carolina and the bor- 
 dering counties of Virginia, aspiring to a liberal edu- 
 cation. And here were formed friendships, which 
 he cherished with great satisfaction throughout lite. 
 Among his companions were the late Eobeit Broad- 
 nax, of Eockingham, subsequently a planter of large 
 possessions on Dan Eiver, among the most estimable 
 gentlemen of his time; and Cadwallader Jones, then 
 of Halifax, but afterwards of Orange, at different 
 periods an officer in the l^avy and in the Army of 
 the United States, a successful planter, and a model 
 of the manners and virtues which give a charm to 
 social intercourse. With both of these gentlemen his 
 early attachments were in after life cemented by the 
 union in marriage of their children. Here, too, he 
 found ^Yeldon I^. Edwards, of Warren, subsequently* 
 distinguished by much public service in Congress and * 
 under the Government of the State, thenceforward 
 his lifelong friend, with whom his bonds of amity 
 seemed to be drawn more closely as others of his con- 
 temporaries dropped from around him. Of these four 
 youths of the Warrenton Academy, at the beginning of 
 
Hon. Thomas Biiffin. 7 
 
 the nineteeutli century, Mr. Edwards alone surw^es. 
 Long may he live to enjoy the veneration and respect 
 dne to a life of probity, honor and usefulness. 
 
 From the WaiTenton Academy young Euffin was 
 transferred to the College of Nassau Hall, at Prince- 
 ton, New Jersey. It is believed that his father, who 
 was a deeply pious man, was controlled in the selec- 
 tion of this College in preference to that of William & 
 Mary, in Virginia, next to Harvard University the 
 oldest institution of learning in the United States, not 
 only by a desire to place his son in an unsuspected 
 situation as to his health, which had suffered from the 
 malarial influences prevaihng in the tidewater region 
 of Eastern Ykginia, but to secure him as well fiom 
 the temptation incident to College hfe, in an institu- 
 tion, in which as he supposed, there was too loose 
 an authority and discipline exerted over the sons of 
 aflluence and ease. He entered the Freshman class, at 
 Princeton, and '^graduated at the commencement in 
 1805;" the sixteenth in a class of forty-two mem- 
 bers, '* being the first of the second division of in- 
 termediate honors." The late Governor James Ire- 
 dell, of North Carolina, was in the class succeeding 
 his own, and for nearly the whole of his College 
 course, his room-mate. Thus commenced a filendship 
 between these gentlemen in youth, which was termin- 
 ated only by the death of Mr. Iredell. Among oth- 
 ers of his College associates who became distinguished 
 in subsequent life, there were Samuel L. Southard 
 and Theodore Frelinghuysen, of New Jersey, Joseph 
 K. lugersoll, of Philadelphia, the Cuthberts and Ha- 
 
8 Life and Character of the 
 
 bershams, of Georgia, Christopher Hughes of Maryland, 
 and Stevenson Archer, of Mississippi. 
 
 Eeturning home with his bachelor degree, Mr. Euf- 
 fin soon afterwards entered the law office of David 
 Eobertson, Esquk-e, of Petersbm^g, as a student of 
 the law, and continued there through the years 1806 
 and 1807. Here he was associated as fellow-student 
 with John F. May, afterwards Judge May, of Pe- 
 tersburg, and Winfield Scott, afterwards so highly dis- 
 tinguished in arms, and the only officer down to his 
 time, except General Washington, who attained the 
 rank of Lieutenant General in the army of the United 
 States. General Scott, in his Autobiography, describes 
 their preceptor, Mr. Kobinson, as a Scotchman, a very 
 learned scholar and barrister, who originally came to 
 America as a classical teacher ; but subsequently gained 
 high distinction as a lawyer, and was the author of the 
 report of the debates in the Virginia Convention 
 which adopted the Federal Constitution, and of the 
 report of the trial of Aaron Burr for high treason. 
 In a note to the same work. General Scott mentions 
 his chancing to meet Judge Euffin in N'ew York in 
 1853, while the latter was attending as a delegate, 
 the Protestant Episcopal Convention, of the United 
 States after a separation of forty-seven years, and 
 recurs to their association together with Judge May, 
 as law students, and to the conversation in which 
 they then indulged, with manifest pride and pleasure. 
 He also refers to their subsequent intercourse in the 
 city of Washington, in 1861, while Judge Euffin was 
 serving as a member of the Peace Congress, and ex- 
 
Hon. Tlwmas Euffni. 9 
 
 presses the opiiiiuu, that, "if the sentiments of this 
 good man, always highly conservative (the same as 
 Crittenden's,") had prevailed, the country would have 
 escaped the sad inflictions of the war, which was 
 radnii at the time he wrote. 
 
 Sterhng Ruffin, the father, having suffered some re- 
 verses of fortune, determined to change his home, 
 and removed to Eockingham County, North Carolina, 
 in 1807. His son soon fohowed,' a wilhng emigrant. 
 It was in :N'orth Carolina he had received his first 
 training for useful life: here was the home of most 
 of his early friends, and here he confidently hoped 
 to renew his association with Broadnax, Jones, Ed- 
 wards, Iredell and other kindred spirits. 
 
 He doubtless brought with him a considerable store 
 of professional learning from the office of Mr. Eob- 
 ertson, in which he had been more than two years a 
 student, but on his arrival in :Nrorth Carolina, he 
 pursued his further studies under the direction of the 
 Honorable A. D. Murphey, until his admission to the 
 bar, in 1808. Early in 1809, he estabhshed his home 
 in the town of Hillsborough, and on the 9th of De- 
 cember, in that year, he was united in marriage 
 with Miss Anne Kirkland, eldest daughter of the 
 late Wihiam Kirkland, of that place, a prominent 
 merchant and leading citizen. 
 
 The twenty years next ensuing, during which his 
 residence was continually in Hihsborough, comprehends 
 his career at the bar and on the Bench of the Su- 
 perior Courts. In 1813, 1815 and 1816, he served 
 as a member of the Legislature in the House of 
 
10 Life and Cliaracter of the 
 
 Commons from this town, under the old Constitutiony 
 and filled the office of Speaker of the House, at the 
 last mentioned session, when first elected a Judge 
 upon the resignation of that office by Duncan Cam- 
 eron. He was also a candidate on the electoral 
 ticket in favor of Wihiam H. Crawford for the Pres- 
 idency of the United States, in 1824. But his as- 
 pirations, tastes and interests inclined him not to po- 
 litical honors, but to a steady adherence to the pro- 
 fession to which his life was devoted. He found at 
 the bar in Orange and the neighboring counties to 
 which his practice was extended several gentlemen, 
 his seniors in years, who were no ordinary competi 
 tors for forensic fame and patronage; of whom it 
 may be sufficient to name Archibald D. Mm^Dhey, Fred- 
 erick :N"ash, William l^orwood, Duncan Cameron, (who 
 although he had suspended his practice for a time, 
 resumed it not long after Mr. Euffin came to the 
 bar,) Henry Seawell, Leonard Henderson, Wilham 
 Eobards, I^icholas P. Smith, of Chatham, and later of 
 Tennessee. His first essays in argument are said not 
 to have been very fortunate. His manner was diffi- 
 dent and his speech hesitating and embarrassed. But 
 these difficulties being soon overcome, the vigor of 
 his understanding, the extent and accuracy of his 
 learning, and his perfect mastery of his causes by 
 diligent preparation, in a short time gave him posi- 
 tion among these veterans of the profession, secured 
 him a general and lucrative practice, and an easy 
 accession to the Bench in seven years from his ini- 
 tiation at the bar. His reputation was greatly ad- 
 
Hon. Thomas JRuffin. 11 
 
 vanced and extended by the manner in which he ac- 
 (initted himself in this oflQce. The ^wants, however, 
 of an increasing family and an unfortunate involve- 
 nieiit hy suretyship forbade his continuance in a sit- 
 uation of no better income than the salary which 
 was its compensation. He resigned to the Legislature 
 of 1818, and immediately returned to the practice. 
 Mr. Euffin had kept up habits of close study of his 
 profession before his promotion to the Bench, and 
 the leisure aflorded by the vacations of the office was 
 eagerly availed of, for the same object. He came 
 back to the bar not only with his health renovated, 
 which had never been very robust, but with a bright- 
 ness in his learning and an increase of fame, which, 
 in the Supreme Court then recently estabhshed on its 
 l)resent basis, and in the Circuit Court of the United 
 States, as well as on the ridings in the State Courts, 
 brought to him a practice and an income, which has 
 hardly ever been equalled in the case of any other 
 practitioner in i^orth Carolina. For forty-three weeks 
 in the year he had his engagements in Court, and 
 despite of all conditions of the weather or other im- 
 pediments to travelling in the then state of the coun- 
 try, rarely fliiled to fulfil them. He held the appoint- 
 ment of Eeporter of the decisions of the Supreme 
 Court for one or two terms, but rehnquished it from 
 the engrossment of his time by his practice ; and 
 his labors are embraced in the prior part of the 
 first volume of Hawks. Mr. Archibald Henderson, 
 Mr. Gaston, Mr. Seawell, Mr. Murphey, Mr. Moses 
 Mordecai, Mr. Gavin Hogg, and Mr. Joseph Wilson, 
 
12 Life and Character of the 
 
 all men of renown, were, with Mr. Euffin, the chief 
 advocates in the Supreme Court at that period, Mr. 
 Kash and Mr. Badger being then upon the Bench; 
 and according to tradition, at no time have the ar-^ 
 guments before it been more thorough and exhaus- 
 tive. The late Governor Swain being a part of this 
 period a student of the law in the office of Chief 
 Justice Taylor, in a public address at the opening 
 at Tucker Hall, in which he gave many reminiscences 
 of former times in Ealeigh, mentions a prediction in 
 his hearing of Mr. Gaston to one ot his clients in 
 1822, that if Mr. Eufl&n should live ten years longer 
 he would be at the head of the profession in [N'orth 
 Carolina. By the same authority we are informed, 
 that only a year or two later. Judge Henderson de- 
 clared that he had then attained this position of 
 eminence. Among the professional gentlemen he met 
 in the. wide range of his practice on the circuits, 
 in addition to his seniors already named, were Bart- 
 lett Yancey, Augustine H. Shepperd, Eomulus M. 
 Saunders, James Martin, Thomas P. Devereux, Jas. 
 F. Taylor, Charles Manly, Wm. H. Haywood, Jr., 
 Daniel L. Barringer, Samuel Hillman, John M. and 
 James T. Morehead, Bedford Brown, Wilhe P. and 
 Priestly H. Mangum, Francis L. Hawks, Thos. Set- 
 tle, John M. Dick, George C Mendenhall, and sev- 
 eral others, of high distinction among the advocates 
 and pubUc characters of the State; by all of whom 
 his eminent abilities and attainments were fully ac- 
 knowledged and appreciated. 
 
 In the summer of 1825, upon the resignation of 
 
Hon, Thomas Buffni. 13 
 
 Judge Badger, ]\Ir. Euffiu again accepted the appoint- 
 liieiit of a Judge of the Superior Courts. His recent 
 successes had reheved hiui of embarrassment, and 
 supphed him a competent fortune ; his health deman- 
 ded relaxation and rest; and his duties to his family, 
 now quite numerous, in his estimation required more 
 of his presence at home than was consistent with 
 the very active life he was leading. He therefore 
 relinquished his great emoluments at the bar for the 
 inadequate salary then paid to a Judge, and virtually 
 closed his career as an advocate. By the bar and the 
 public he was welcomed back on the circuits, and for 
 the three following years he administered the law with 
 such universal admiration and acceptance, both on the 
 part of the profession and the people, that he was 
 generally designated by the public approbation for the 
 succession to the Bench of the Supreme Court when- 
 ever a vacancy should occur. 
 
 The reputation he had established by this time, 
 however, did not merely assign him capabilities as a 
 lawyer, but ascribed to him every qualification of a 
 thorough man of affairs. It was conceded, at least, 
 that he could teach bankers, banking and merchants 
 the science of accounts. 
 
 In the Autumn of 1828, the stockholders of the old 
 State Bank of Xorth Carolina, at the head of whom 
 were William Polk, Peter Browne and Duncan Cam- 
 eron, owing to the great embarrassment of the affairs 
 of this institution, involving disfavor with the public, 
 and threats of judicial proceedings for a forfeiture of 
 its charter, prevailed on him to take tlie Presidency of 
 
14 Life and Character of the 
 
 the Bank, with a salary increased to the procurement 
 of his acceptance ; and with the privilege on his part 
 to practice his profession in the city of Ealeigh. In 
 twelve months devoted to this office, with his charac- 
 teristic energy, mastering the affairs of the Bank with 
 a true talent for finance, making available its assets 
 and providing for its liabilities, and inspiring confidence 
 by the general faith in his abilities and high purpose 
 to do right, he effectually redeemed the institution, 
 and prepared the w^ay to close out in credit the re- 
 maining term of its charter. 
 
 At this period, also, another place of high political 
 eminence was at his choice, but w^as promptly declined. 
 A vacancy having happened in the Senate of the Uni- 
 ted States by the appointment of Governor Branch 
 to the head of the Navy department, and the Honor- 
 able Bartlett Yancey, who had been the general favor- 
 ite for the succession, having recently died, Mr. Rufiin 
 was earnestly sohcited to accept a candidacy for this 
 position with every assurance of success. But his de- 
 sire was, as he himself expressed it among his friends, 
 ^' after the labor and attention he had bestowed upon 
 his profession, to go down to posterity as a lawyer." 
 Irrespective, therefore, of his domestic interests, and 
 the care and attention due to his family, of which no 
 naan ever had a truer or warmer conception, he could 
 not be diverted from his chosen line of lile by the at- 
 tractions of even the highest political distinction. 
 
 While assiduously employed in the affairs of the 
 Bank, to which was devoted the year 1821), his services 
 Avere still demanded by clients in the higher couits, 
 
Hon. Thomas Ruffln, 15 
 
 aud his reputation at the bar suffered no ecUpse. 
 Upon the death of Chief Justice Taylor, in this year, 
 the Executive appointment of a successor was confer- 
 red on a gentleman of merited eminence in the pro- 
 fession, and of a singularly pure and elevated charac- 
 ter ; hut the sentiment of the majority of the profes- 
 sion as well as public opinion, had made choice of Mr. 
 liuffin for the permanent office, and he was elected a 
 Judge of the Supreme Court at the session of the Leg- 
 islature in the autumn of 1829. In 1833, upon the 
 demise of Chief Justice Henderson, he was elevated to 
 the Chief Justiceship, in which he won that fame 
 which will longest endure, because it is incorporated 
 in the judicial literature of the country, and is co-ex- 
 tensive with the study and administration of our sys- 
 tem of law. 
 
 Before directing attention to his labors in this high- 
 est court of appeals in the State, it is appropriate to 
 remark on his prior career as an advocate, counsellor 
 and Judge of the Superior Courts. Of his arguments 
 at the bar, at nisi prius, or in the Courts of appeal, 
 no memorials have been preserved save the imperfect 
 briefs contained in the causes that have been reported. 
 His nature was ardent, and his manner of speech ear- 
 nest and often vehement in tone and gesticulation. 
 Though versed in hcUes lettre^s, and with tastes to rel- 
 isli eloquent declamation, it was a held into which he 
 did not often, if at all, adventure. His reliance was 
 upon logic, not upon rhetoric; and even his illustra- 
 tions were drawn from things practical, rather than 
 the ideal. Analyzing and thoroughly comprehending 
 
16 Life and Character of the 
 
 his cause, he held it up plainly to the view of others, 
 and with a searching and incisive criticism exposed 
 and dissipated the weak points in that of his adver- 
 sary : and all this, in a vigorous, terse and manly Eng- 
 lish, every word of which told. Few advocates ever 
 equaUed him in presenting so much ot solid thought 
 in the same number of words, or in disentangling com- 
 plicated facts, or elucidating abstruse learning sd* as to 
 make the demonstration complete to the minds of the 
 auditory ; capacities, doubtless gained by severe cul- 
 ture, a part of which, as I learned from an early stu- 
 dent in his office, had been a daily habit, long after 
 his admission to the bar, of going carefully over the 
 demonstration of a theorem in Mathematics. Thus 
 habituated to abstract and exact reasoning, he de- 
 lighted in the approach to exactness in the reasoning 
 of the law, and no student could more truly say of his 
 professional investigations, ^^ Lahor ipse est vohiptas.'^ 
 The accuracy thus attained in his studies, gave him 
 high eminence as a pleader, in causes both at law and 
 in Equity; and among his associates usually devolved 
 on him the office of framing the pleadings in the causes 
 in which they were engaged. It also gave him rank 
 among the great counsellors of the time, whose opin- 
 ions were not the result of cramming for an occasion, 
 or a fortunate authority, but the well considered reflec- 
 tions of gifted minds imbued with law as a science, 
 and who had explored to their sources, the principles 
 uvolved in the subjects they examined, and made them 
 their own. This full developement of his forensic char- 
 acter does not appear to have been manifested until 
 
Hon, Thomas Euffin. 17 
 
 after Lis retuiu to the bar subsequently to his first 
 service ou the bench. But from this period tiU his 
 second retirement, in 1825, he had hardly a rival in 
 the bar of the Supreme Court of the State or the 
 Circuit Court of the United States, except Archibald 
 Henderson and Gaston, and had a command of the 
 practice in all the State Courts he attended. As a 
 Judge of the Superior or nisi prius Courts, he exhib- 
 ited equal aptitude for the Bench as for the practice 
 at the Bar. With an energy that pressed the business 
 forward, a quickness rarely equalled in perceiving and 
 comprehending facts, patient and industrious habits of 
 labor, and a spirit of command which suffered no time 
 to be lost, he despatched causes with expedition, but 
 with no indecent haste. Whilst he presided, it was 
 rare that any cause before a jury ever occupied more 
 than a single day, and none is remembered that ex- 
 tended beyond two. 
 
 It may be inferior to the dignity of the occasion to 
 indulge in professional anecdotes. The promptness, 
 however, with which he disposed of a case of some 
 novelty on the circuit, may justify a passing notice. 
 The plaintiff and defendent had disputed on a matter 
 of law, and growing warm in the controversy, laid a 
 wager on the ({uestion of whether or not the law was 
 as affirmed by the plaintiff; and a suit was brought to 
 have the point determined. After the contract of wa- 
 ger had been proved, the plaintiff rested. The Judge 
 called on the counsel for the plaintiff to prove that he 
 had won. The counsel replied that that depended on 
 the I'oint of law wliich he submitted to his Honor. 
 
18 Life and Cliaracter of the 
 
 The Judge rejoined, that it was oue of facts in the 
 the controversy^, on which he was forbidden to express 
 an opinion; but for then" trifling with the Court in 
 instituting such an action, he ordered it to be dismiss- 
 ed, and each party to pay half the costs, with an inti- 
 mation, that it was leniency in the Court to stop with 
 no greater penalty. It is worthy of remark, that about 
 the same time, as we since learn fi^om the reports, 
 Chief Justice Abbott, in the King Bench in England,, 
 ordered a cause " to be struck out of the paper," the 
 subject of the action being a wager on a dog-fight, 
 upon the ground that it was insignificant, and it would 
 be a waste of time to try it. 
 
 In administering the criminal law, in which the ex- 
 tent of punishment generally depended on the discre- 
 tion of the Judge, his sentences were such as to in- 
 spire evil doers with terror, but eminently tended to 
 give protection to society and confidence to honest and 
 law-abiding men. 
 
 His accession to the Bench ot the Supreme Court 
 was a source of general satisfaction to the profession,, 
 and to the people of the State, by whom his enlight- 
 ened labors in the circuits had been witnessed with 
 admiration and pride. He at once took a conspicuous 
 part in the proceedings of this high tribunal, and for 
 twenty-three years, that he continuously sat there, pro- 
 bably delivered a greater number of the opinions on 
 which its judgments were founded, than any Judge 
 with whom in this long career he was associated. 
 These opinions are found through more than twent^^- 
 five volumes of books of reports, and form the bulk 
 
lion. Thomas Ruffin. 1^ 
 
 of our jiulieial literature for a full geueration. They 
 embrace topics of almost every variety, civil and 
 criminal, legal and equitable, concerning probate and 
 administration, marriage and divorce, slavery and 
 fieedom, and constitutional law, wliicli can enter into 
 judicial controversy, in the condition of society then 
 prevailing in the State, and constitute memorials of 
 her jurisprudence, by which the members of the pro- 
 fession are content she shall be judged in the pres- 
 ent age and by posterity. They have been cited 
 with approbation in the American courts. State and 
 National, by eminent legal authors, and in the ju- 
 dicial deliberations of Westminster Hall ; and the 
 Xorth Carolina lawyer who can invoke one of them 
 as a case in point with his own, generally consid- 
 ers that he is possessed of an impenetrable shield. 
 It has been rare in England that a Judge or Ad- 
 vocate has reached high distinction in the courts 
 both of common law and Equity. The student of 
 the judicial arguments of Chief Justice Ruffin will 
 be at a loss to determine in which of these branches 
 of legal science he most excelled. To the votary of 
 the common law, fresh from the perusal of the black 
 letter of the times of the Tudors and early Stuarts, 
 and captivated with its artificial refinements and 
 technical distinctions as to rights and remedies, he 
 would appear to have pursued his professional edu- 
 cation upon the intimation of Butler in his remin- 
 iscences, that " he is the best lawyer, and will suc- 
 ceed best in his profession, who best understands 
 Coke upon Littleton ;" or, advancing to the modern 
 
20 Life and Cliaracter of the 
 
 ages of greater enlightenment and freer intercourse 
 among nations, that he had made a specialty of the 
 law of contracts, bills of exchange and commercial 
 law generally; whilst his expositions of Equity causes 
 win satisfy any impartial critic, that he was at least 
 equally a proficient and master of the principles and 
 practice of the jurisprudence of the English Chancery, 
 and would induce the belief that, like Sir Samuel 
 Eomilly or Sir William Grant, his practice at the 
 bar had been confined to this branch of th* pro- 
 fession. The minute distinctions between the limits 
 of the jurisdiction of the Courts of Equity and com- 
 mon law, he comprehended and illustrated with a 
 rare discrimination and accuracy. 
 
 During the term of his service in that Court, it 
 will be remembered by the profession, that three 
 great departures were made from long established pre- 
 cedents in the EngUsh Courts of Equity, which have 
 tended to give simplicity to our system, and to free 
 it from the embarrassment and confusion of the au- 
 thorities in the English cases ; namel}^. First, in ad- 
 hering to the direction of the statute of Frauds, 
 and refusing to decree the specific execution of a 
 contract for the conveyance of real estate required 
 to be in writing, upon the ground that the parties 
 had acted upon their agreement, and that it had 
 been partially carried into execution. Second, in dis- 
 carding the doctrine that a vendor who had sold 
 land and parted with the title, trusting his vendee 
 for the purchase money, yet had a lien on the land 
 as a security for its payment. Third, in negativing 
 
Hon, Thomas Riiffin. 21 
 
 likewise the EDglish doctriue of a married woman's 
 equitable right to a settlement for lier maintenance 
 before her husband should invoke the power of the 
 court to reduce her estate to possession. These have 
 been acknowledged as salutary reforms both at 
 home and abroad, in all of which Chief Justice Euf- 
 fin concurred and delivered leading arguments in their 
 support. Accustomed tenaciously to adhere to prece- 
 dents upon the theory, that the wisdom of a suc- 
 cession of learned Judges, concurred in or tolerated 
 by the Legislature from age to age, is superior to 
 that of any one man, and that certainty in the rules 
 of the law is of more importance than their abstract 
 justice; yet where there had been no domestic prece- 
 dent, and those abroad were at variance with the com- 
 mand of a statute or with obvious principles, he readi- 
 ly embraced these opportunities to symmetrize and per- 
 fect the system of practical morality administered in 
 the American courts of Equity. 
 
 His familiar knowledge of banking and mercantile 
 transactions and skilfuluess in accounts, gave him a 
 conceded eminence in the innumerable causes involving 
 inquiries of this nature. During his presidency in the 
 Supreme Court, it cannot fail to be remarked that 
 there was a great advance in the accuracy of pleadings 
 hi Equity causes, and in a general extension of the 
 knowledge of Equity practice throughoat the circuits. 
 And the precision and propriety of entries in every 
 species of procedure were brought to a high state of 
 perfection, mainly by his investigations and labors, in 
 conjunction with those of that most worthy gentleman, 
 
22 Life and Character of the 
 
 and modest but able lawyer, Edmund B. Freeman, 
 Esquire, late Clerk of the Court, whose virtues and 
 pubhc usefulness, connected as he was for so many- 
 years in close and friendly association with the imme- 
 diate subject of om^ remarks, now likewise gone down 
 beyond the horizon, I am gratified the opportunity 
 serves to commemorate. 
 
 In the department of the law peculiarly American, in 
 which there comes up tlie question, whether the Legis- 
 lature can legislate to the extent it has assumed, or 
 other expositions of the Constitutions of the State or 
 Union, though the occasions for such exercises were 
 rare in the quiet times of his judicial hfe. Chief Jus- 
 tice Euflin shone to no less advantage, than in those 
 dependent on municipal regulations. His conversancy 
 with pohtical ethics, pubhc law and English and 
 American history, seems to have assigned to him the 
 task of delivering the opinions on this head, which 
 have most attracted general attention. That delivered 
 by him in the case of Hoke against Henderson in 
 which it was held, that the Legislature could not, 
 by a sentence of its own in the form of an enact- 
 ment, divest a citizen of property, even in a public 
 office, because the proceeding was an exercise of ju- 
 dicial power, received the high encomium of Kent 
 and other authors on constitutional law; and I hap- 
 pened personally to witness, that it was the main 
 authority relied on by Mr. Eeverdy Johnson, in the 
 argument for the second time, of Ex parte Garland, 
 which involved the power of Congress by a test oath, 
 to exclude lawyers from practice in the Supreme 
 
Hon. Thomas Buffln. 
 
 Court of the United States, for having darticipated 
 in civil war against the govepnment ; and in which, 
 its reasoning on the negative side of tlie (luestion, 
 was sustained by tliat august tribunal. 
 
 The singular felicity and aptitude with which he 
 denuded his judgments of all extraneous matter, and 
 expounded the very principles of the case in hand, 
 usually citing authority only to uphold what had 
 been demonstrated without it, is the most striking 
 feature in his numerous opinions. No commonplaces 
 or servile copying of the ideas of others fill the 
 space to be occupied, but a manly comprehension of 
 the subject in its entire proportions, illustrated by 
 well considered thought and lucid and generally grace- 
 ful expression. His learning was profound, but not 
 so deep as his own reflections. His powers of ab- 
 straction subjected every thing to scrutiny, and rare 
 was the fallacy which passed through that crucible 
 without exposure. If he did not develope new truths 
 the old were made to shine with a fresher lustre, 
 h'om having undergone his processes of thought and 
 illustration. His stjie of writing was elevated and 
 worthy of the themes he discussed. His language 
 well selected, and exhibiting a critical acquaintance 
 with English philology. A marked characteristic in 
 his wiitings, as it was also in his conversation, was 
 the frequent, dextrous, and strikingly appropriate use 
 Tie made of the brief words of our language, usually 
 of Saxon derivation ; as in his response to the trib- 
 ute of the bar to the memory of Judge Gaston : 
 *' We knew that he was, indeed, a good man and a 
 great Judge." 
 
24 Life and Character of the 
 
 In tl\e autumn of 1852, while in the zenith of his 
 reputation, and not yet pressed with the weight of 
 years, Chief Justice Euffin resigned his office and re- 
 tired, as he supposed forever, from the professional 
 employments he had so long and with so much re- 
 nown pursued. But on the death of his successor and 
 friend. Chief Justice Kash, in December, 1858, he 
 was called by the almost unanimous vote of the 
 General Assembly then in session, to fill the vacancy, 
 and sat again as a Judge of the Supreme Court 
 until the autumn of 1859, when failing health ren- 
 dered his labors irksome, and he took his final leave 
 of judicial life. Six years of rest in his rural home 
 had induced nothing of rust or desuetude : he wore 
 the ermine as naturally and gracefully as if he had 
 never been divested of its folds; his judicial argu- 
 ments at this time evince all that vigor of thought 
 and freshness and copiousness of learning which had 
 prompted an old admirer to say of him, that he 
 was a ^* born lawyer." It is not improbable that this 
 preservation in full panoply was in some design 
 aided by the circumstance, that in a desire to be useful 
 in any sphere for which he was fitted, he had ac- 
 cepted the office of a Justice of the Peace in the 
 county of Alamance, in which he then resided, and 
 had held the County Courts with the lay justices 
 during this period. Though near ten years later, and 
 when he had passed the age of eighty, in a matter 
 of seizure, in which he took some interest for a 
 friend, under the revenue laws, in the Circuit Court 
 of the United States, a branch of practice to which 
 
Hon, TlwDKis Buffin. 25 
 
 lie bad uot beeu habituated by experience, I had 
 occasion to obserte that he was as ready with his 
 pen in framing the pleadings, without books of au- 
 thority or precedent, as any proctor in a Court of 
 admiralty. 
 
 In looking back upon his long life devoted to the 
 profession, and the monuments of his diligence, learn- 
 ing and striking ability that he left behind him, it 
 is no extravagance of eulogy to affirm, that if the 
 State or any American State has fostered great ad- 
 vocates, counsellors or Judges, he assuredly was of 
 this class. 
 
 But when, as Coke to Littleton, we bid " Fare- 
 well to om- jurisprudent," who had basked so long 
 in the '* gladsome light" of jurisprudence, we have 
 not wholly fulfilled the task assigned us. Jurispru- 
 dence was indeed his forte ; and that in its most 
 enlarged sense, embracing the science of right in all 
 its aspects. Considering how thoroughly he had mas- 
 tered the systems prevaihng in England and the Uni- 
 ted States, the fullness of his knowledge in kindred 
 studies and the facility with which he labored and 
 wi'ote, it is to be regretted that he did not betake 
 himself to professional authorship. But there are other 
 aspects of his character than that ot a lawyer and 
 Judge. 
 
 At an early period he became the proprietor of an 
 estate on Dan river, in Kockingham, on which he es- 
 tablished a plantation at once, and gave personal di- 
 rection to its profitable cultivation from that time until 
 his death. Carrying his family to Ealeigh for a so- 
 
26 . Life and Character of the 
 
 journ of twelve months upon assuming the Presidency 
 of a Bank as akeacly stated, he removed thence to 
 Haw river, in Alamance, in 1830, and there under his 
 own eye carried on the operations of a planter with 
 success until the year 1866, when the results of the 
 war deprived him of laborers, and he sold the estate 
 and removed again to Hillsborough. The law has been 
 said by some of its old authors, to be a jealous 
 mistress, and to allow nb rival in the attentions of 
 its votary. Chief Justice Euffin, however, while dili- 
 gently performing the duties of his great office, and 
 keeping up with the labors of his cotemporaries, 
 Lynnhurst, Brougham, Tenterden and Denman, in 
 England, and the numerous Courts exercising like 
 jurisdictions in America, found leisure to manage his 
 farm at home as well as to give direction to that 
 in Eockingham. And this, not in the ineffective 
 manner which has attended the like efforts of some 
 professional men, but with present profit and im- 
 provement of the estates. From early life he ap- 
 peared to have conceived a fondness for agriculture, 
 including horticulture and the growing of fruit trees 
 and flowers, which his home in the country seemed 
 to have been selected to indulge. Here for thirty- 
 fiye years, in the recess of his Courts, he found re- 
 creation in these pursuits and in the rearing of do- 
 mestic animals ; the f-esult of which was the most 
 encouraging success in orchards, grapery, gardenc ereal 
 crops, flocks and herds. Combining a knowledge of 
 the general principles of science, with fine powers of 
 observation, and the suggestions of the most ap- 
 proved Agricultural periodicals, he was prepared to 
 
Hon. Thomas Ruffin. 2< 
 
 avail himselt' in practice of the highest iutelhgence 
 ill the art. It was therefore uo empty comphment 
 to a great jurist and leading citizen, when the Ag- 
 ricultural society of Xorth Carolina, in 1854, elected 
 him to its presidency after his retirement from the 
 Bt-nc'h, hut the devotion to public uses and service, 
 of an experience and information in the cultivation 
 of the soil, and all its manifold connections and de- 
 pendencies, which few other' men in the State pos- 
 sessed. He was continued in this distinguished po- 
 sition for six years, when declining health demanded 
 his retirement; and at no time have the interests 
 of the society been more prosperous, its public ex- 
 hibitions more spirited; and it may be added, that 
 on no occasion did he ever manifest more satisfac- 
 tion than in the reunions of its members. 
 
 His farming was not that of a mere amatcun in 
 the art, designed as in the case of other public 
 characters of whom we have read, to dignify retire- 
 ment, to amuse leisure or gratif}^ taste, though few 
 had a higher rehsh for the ornamental, especiaUy in 
 shrubbery and flowers. This, he could not, or did 
 not think he could afford, but to realize subsistence 
 and profit, to make money, to provide for his own, 
 and to enable him to contribute in charity to the 
 wants of others. He consequently entered into all 
 the utilities, economies and practicabilities of husr 
 bandry in its minute details, realizing the English 
 proverb, quoted in the writings of Sir Francis Head, 
 that *' a good elephant should be able to raise a 
 cannon or pick up a pin." 
 
28 Life ami Clmracter of the 
 
 The liberal hospitality that he dispensed through- 
 out life was a most conspicuous feature in the pe- 
 riod thus devoted to practical agriculture. His na- 
 ture was eminently social, his acquaintence in his 
 high position extensive, his dwelling near one of the 
 great highways of travel through the State in the 
 old modes of conveyance, easy of access ; and the 
 exuberance of his farm, garden, orchards and domes- 
 tic comforts were never more agreeably dispensed, 
 than when ministered to the gratification of his 
 friends under his own roof The cordiality and ease 
 with which he did the honors of an entertainer in 
 an old-fashioned southern mansion, is among the 
 pleasant recollections of not a few between the Por 
 tomac and the Mississippi. It was here, indeed, sur- 
 rounded by a family worthy of the care and affection 
 he bestowed upon them, relaxed from the severe 
 studies and anxieties of official life, in unreserved 
 and cheerful intercourse, that, after all, he appeared 
 most favorably. 
 
 By his industry, frugality and apitude for the 
 management of property, he accumulated in a long 
 life an estate more ample than usually falls to the 
 lot of a member of the profession in this State; 
 and although much reduced by the consequences of 
 the civil war, it was still competent to the comfort 
 of his large family. 
 
 Judge Euffin was, until superseded by the changes 
 made in 1868, the oldest Trustee of the University 
 of the State, and always one of the most efficient 
 and active members of the Board. For more than half 
 
Hon, Thomas Euffin. 29 
 
 a century on terms of intimate intercourse with its 
 Presidents, Caldwell and Swain, and the leacUng Pro- 
 fessors, ]\ritchell, Phillips and their associates, he 
 was their ready counsellor and friend in any emer- 
 gency; whether in making appeals to the Legislature 
 in behalf of the institution for support and assistance 
 in its seasons of adversity, or in enforcing discipline 
 and maintaining order, advancing the standard of 
 education, or cheering the labors both of the Fac- 
 ulty and students. His criterion of a collegiate edu- 
 cation was high, and he illustrated by his own ex- 
 ample the rewards of diligent and faithful study. He 
 retained a better acquaintance with the dead lan- 
 <niaf^es than anv of his compeers we have named ex- 
 cept Gaston, Murphey and Taylor. In ethics, history 
 and the standard British classics, his knowledge was 
 profound. In science and in natural history, more 
 especiahy in chemistry and those departments per- 
 taining to Agriculture, Horticulture, Pomology and 
 the hke, his attainments were very considerable, as 
 they were also in works of Mies lettres, Poe:ry, taste 
 and tiction, at least down to the end of the novels 
 of Scott and Cooper. He worthily received the hon- 
 orary degree of Doctor of Laws from the University 
 of North Carolina in 1834, and the like honor is be- 
 lieved to have been subsequently conferred by his 
 Alma Mater at Princeton. 
 
 His style and manner in conversation, in winch he 
 took great delight and l)ore a distinguished part in 
 all companies, abounded in pleasiuitry, but exhibited 
 the same wide range of thought and information 
 
30 Life and Character of the 
 
 with his pubhc performances, and was full of enter- 
 tainment and instruction to the young. His temper- 
 ament was mercurial, his actions quick and energetic, 
 and his whole bearing in the farthest possible degree 
 removed from sloth, inertness and despondency. In 
 pohtical sentiment he accorded with the school of 
 Jefferson, and for more than forty years was a con- 
 stant reader of the Kichmond Inquirer, the editor 
 of which, Mr. Eitchie, was his relative ; though no 
 one entertained a more exalted reverence for the 
 character, abilities and patriotism of Marshall, with 
 whom he cherished a familiar acquaintance while in 
 practice before him at the bar, and after his own 
 elevation to the Bench. Later in life he formed a 
 like kind and admiring acquaintance with Chancellor 
 Kent. 
 
 In the muter of 1861, the Legislature of ]S"orth 
 Carohna, having acceded to the proposition of Vir- 
 ginia, on the approach of the late rupture between the 
 States of the Union, to assemble a body of delegates 
 in the city of Washington, to consider and recom- 
 mend terms of reconciliation. Judge Kuffin was ap- 
 pointed one of the members in the "Peace Confer- 
 ence," and is understood to have taken a conspicu- 
 ous part in its deliberations and debates. We have 
 the testimony of General Scott, in his Autobiography, 
 already quoted, that his counsels in that assembly 
 were altogether pacific. President Buchanan, in his 
 work in defence of his action in that important crisis, 
 makes assertion of the same fact. After the failure 
 
Hon. Thomas Ruffin. 13 
 
 of the efforts at adjiistmeut, aud the war in bis 
 opinion had become a necessity, Judge Euffin accep- 
 ted a seat in the State Convention of 18C1, and 
 threw into its support all the zeal and energy of 
 his earnest and ardent temper; one of his sons, a 
 grandson and other near connections taking part in 
 the dangers and privations of its camps and battle- 
 fields. When defeat came, he yielded an honest 
 submission and acquiescence, and renewed in perfect 
 good fiith his allegiance to the government of the 
 United States. Too far advanced in years to be Ion. 
 ger active in affiiirs, bis chief concern in regard to 
 the public interests thenceforward, was for the con- 
 servation of the public weal, and that the violent 
 convulsion of which we had felt the shock and the 
 change might be permitted to pass without any se- 
 rious disturbance of the great and essential principles 
 of freedom and right which it had been the favorite 
 study of his hfe to understand and illustrate. 
 
 With the close of the war his farm about his man- 
 sion having experienced the desolation of an army en- 
 campment, and its system of labor being abolished, 
 he felt unequal to the enterprise of its resuscitation 
 and culture, and therefore disposed of the estate and 
 again took up his abode in Hillsborough. Here, in 
 occasional occupation as a referee of legal controver- 
 sies, in directing the assiduous culture of his garden 
 and ground-, in desultory reading, in which he now 
 and then recurred to his old favorites among the 
 
32 Life and Character of the 
 
 novels of Scott, in the duties of hospitality and the 
 converse of friends in the bosom of his family, he 
 passed the evening of his days. In the sense of im" 
 becihty or decrepitude, he never grew old, but was 
 blessed with the enjoyment of a remarkable intellec- 
 tual vigor and fine flow of spirits almost till his 
 dissolution. And in anticipation of death in his last 
 illness, he laid an injunction on his physician to ad- 
 minister to him no anod^me which should deprive 
 him of consciousness, as he did not wish to die in 
 a state of insensibihty. 
 
 On the 15th of January, 1870, after an illness of 
 but four days, though he had been an invalid from 
 an affection of the lungs for a year or more, he 
 breathed his last, in the 83d year of his age. His 
 end was resigned and peaceful, and in the consola- 
 tion of an enhghtened and humble christian faith. 
 Por more than forty years a communicant in the 
 Protestant Episcopal church, he was one of its most 
 active members in the State, and more than once rep- 
 resented the Diocese in the Triennial Conventions of 
 the Union. 
 
 The venerable companion of his lite, a bride when 
 not yet fifteen, a wife for more than sixty years, 
 yet survives to receive the gratitude and affection of 
 a numerous posterity and the reverence and esteem 
 of troops of friends. 
 
 This imperfect offering is a memoir, not a panegyric. 
 It contains not history, but ^((/rticulas Mstorice — scraps 
 
Hon. Thomas Rujlin. 33 
 
 of bistoiy which it is hoped may not be without 
 their use to the . future student oi our annals, for 
 the eharaeter we eonteniphite is destined to be his- 
 torical. His hfe was passed in the pul)lie \iew in 
 the most important public functions — in contact with 
 the most gifted and cultivated men of the State for 
 half a century; it ran througli two generations of 
 lawyers. It was given to a profession in which were 
 engaged many of the first minds of other States, and 
 I can call to recollection no Judge of any State ot 
 the Union who in that period has left behind him 
 nobler or more numerous memorials ot erudition, dili- 
 gence and ability in the departments of the law^ he 
 was called to administer. The study of his perfor- 
 mances will at least serve to correct the error of 
 opinion prevailing with many at the North, that the 
 intellectual activity of the South delights itself only 
 in politics. 
 
 To the members of the Agricultural Society and to 
 this audience his devotion to, and success in agricul- 
 ture is a sul)ject of only secondary interest to his pro- 
 fessional fame. It has been remarked by one of the 
 British essayists, as " a saying ot dunces in all ages, 
 that men of genius are unfit for business." It is per- 
 haps a kindred fallacy to wiiich pedantry and sloth 
 have given as much countenance on the one hand as 
 blissful ignorance on the other, that high culture and 
 enulition as in the case of the learned professions, 
 is incompatible with success in practical atlairs in 
 other departments. We have before us the life of one 
 who demonstrated in his own person, that it is pos- 
 
34 Life and Characttr of the Hon. Thomas Ruffin. 
 
 sible for a great aud profouud lawyer to take a lead- 
 ing part and become a shining liglit in practically 
 promoting the first and greatest of the industrial 
 arts, and although there be no natural connection 
 between these occupations, that tlie same well-direct- 
 ed industry, patience and energy which had achieved 
 success in the one, was equal to a like triumph in 
 the other ; whilst in high probity, in stainless mor- 
 als, in social intercourse, in the amenities of life, and 
 the domestic affections and duties, his example will 
 be cherished in the recollection of his friends, and 
 may well be commended to the imitation of our 
 youth. 
 
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