If it must be so, let parties and party men continue to quarrel

with little or no regard to the public good. They may mystify

themselves and others with disputations on political economy,

proving the most opposite doctrines to their own satisfaction, and

perhaps to the conviction of no one else on earth. They may deserve

reprobation for their selfishness, their violence, their errors,

or their wickedness. They may do our country much harm. They may

retard its growth, destroy its harmony, impair its character, render

its institutions unstable, pervert the public mind, and deprave

the public morals. These are indeed evils, and sore evils, but

the principle of life remains, and will yet struggle with assured

success over these temporary maladies. Still we are great, glorious,

united, and free, still we have a name that is revered abroad and

loved at home--a name which is a tower of strength to us against

foreign wrong and a bond of internal union and harmony, a name which

no enemy pronounces but with respect, and which no citizen hears but

with a throb of exultation. Still we have that blessed Constitution

which, with all its pretended defects and all its alleged

violations, has conferred more benefit on man than ever yet flowed

from any other human institution--which has established justice,

insured domestic tranquillity, provided for the common defense,

promoted the general welfare, and which, under God, if we be true

to ourselves, will insure the blessings of liberty to us and to

our posterity. Surely such a country and such a Constitution have

claims upon you, my friends, which cannot be disregarded. I entreat

and adjure you, then, by all that is near and dear to you on earth,

by all the obligations of patriotism, by the memory of your fathers

who fell in the great and glorious struggle, for the sake of your

sons whom you would not have to blush for your degeneracy, by all

your proud recollections of the past and all your fond anticipations

of the future renown of our nation, preserve that country, uphold

that Constitution. Resolve that they shall not be lost while in your

keeping, and may God Almighty strengthen you to fulfill that vow!

[Illustration: GEORGE E. BADGER.]

GEORGE E. BADGER.

BY WM. A. GRAHAM.

My acquaintance with Mr. Badger commenced in the latter part of

the summer of 1825. He had already completed his service as a

judge, which office he resigned at the close of the spring circuit

of that year; had contested the palm of forensic eloquence and

professional learning with Seawell and Gaston, with a wide increase

of reputation, at the recent term of the Supreme Court, and was

returned to the practice in Orange, where he had once resided, in

generous competition with Murphy, Nash, Yancey, Mangum, Hawks,

Haywood, and others--Mr. Ruffin, hitherto the leader at this bar,

having been appointed his successor on the bench of the Superior

Court.

He was then a little turned of thirty years of age. One half of his

time since his majority had been passed upon the bench, yet his

fame as a lawyer was fully established; and though he doubtless

afterwards added vastly to his stores of erudition, yet in quickness

of perception, readiness of comprehension, clear and forcible

reasoning, elegant and imposing diction, in all that constitutes an

orator and advocate, he had attained an eminence hardly surpassed at

any period of his life. From that time and before it, I know not how

long, till the day he was stricken by the disease which terminated

his life, in North Carolina, at least, his name was on every tongue.

He was not only marked and distinguished, but an eminent man.

So bright and shining a character could not but attract general

observation; and though

"Hard is his fate on whom the public gaze

Is fixed forever, to detract or praise";

and while, with gay and hilarious nature, frank but somewhat

eccentrical manners and unequaled powers of conversation, united

with some infirmity of temper, his expressions and conduct in the

earlier half of his life were often the subject of severe criticism;

yet in the long period of from forty to fifty years, in which he

moved "in the high places of the world," no one denied him the

gifts of most extraordinary talents and unswerving integrity and

truthfulness. Even in the particular in which complaint had been

made--an imputed hauteur and exclusiveness--his disposition was

either mellowed by time, or, what is more probable, his character

came to be better appreciated from being better understood; and for

years before the sad eclipse which obscured his usefulness no man

enjoyed more of the general confidence and favor of the people, as

none had possessed in a higher degree their admiration.

Transferred to the more extended field of jurisprudence administered

in the courts of the United States, and afterwards to the Senate of

the nation, he took rank with the first advocates, jurisprudents,

and debaters of the Union; and the purity of his morals, the

elevation of his character, his readiness and accomplishments as a

conversationalist, the gayety and vivacity of his manners, rendered

him a general favorite with old and young, the grave and gay, in the

brilliant society of the metropolis.

George Edmund Badger was born in New Bern, North Carolina, on the

17th of April, 1795. His father, Thomas Badger, Esq., the son of

Edmund and Lucretia Badger, was a native of Connecticut, and his

birth is recorded to have taken place at Windham, in that State, on

the 27th of June, 1766. Having received a good education, he came

early in manhood to New Bern, and thence to Spring Hill, in the

county of Lenoir, where for some time he taught school, but was then

probably a student of the law, and was in due time admitted to the

practice in this State. Fixing his residence in New Bern, he early

rose to distinction as a practitioner, and appears in the published

reports as one of the leading counsellors in the courts of that

riding, and in the Supreme Court of the State, from 1792 till his

death, which occurred from yellow fever, while in attendance on a

court at Washington, in Beaufort county, on the 10th of October,

1799.

The traditions of the profession and of intelligent persons of his

acquaintance represent him as a man of determined character and

great intellectual and professional ability, and leave the question

in doubt whether at the same period of life he was more than equaled

by his son. The late Peter Browne, himself one of the first lawyers

and men of letters of his time in North Carolina, a contemporary

at the bar of the senior Badger, spoke of him, before the entrance

of his son into public life, as one of the ablest men he had ever

known, and especially as possessing a power to fascinate and control

masses of men in the most remarkable degree--a power, he added,

which the son might exert with similar effect, if he would.

His mother, by name Lydia Cogdell, was the daughter of Colonel

Richard Cogdell, of New Bern, a gentleman of much consideration

under the provincial rule in North Carolina, and an active and bold

leader in the movement of the Revolution. As early as August, 1775,

his name appears second on the list of the committee of safety for

New Bern district, appointed by the first Congress of the province

(that of Alexander Gaston being at the head). Lydia Cogdell was

a person of singular vigor of mind and character, well fitted to

encounter the cares and trials of her early widowhood. Her husband

had experienced that which has been said to be the common lot of the

profession in this country, "to work hard, live well and die poor,"

and left her with but little fortune to rear three children, of whom

George was the eldest and the only son.

According to her narrative, he manifested no fondness for books,

and made little progress in learning till about seven years of

age. At that period she placed in his hands Goldsmith's _Animated

Nature_. He was delighted with its perusal, and she never found it

necessary to stimulate his thirst for knowledge afterwards. His

preparatory course was taken in his native town of New Bern, and

at the age of fifteen he entered Yale College. There he passed

through the studies of the freshman and the sophomore classes, when

his education, so far as it depended on schools, was brought to a

close. A relative, a man of fortune, at the North, who had hitherto

furnished the means for his college expenses (his own patrimony

being wholly insufficient), and from whose bounty he had hoped to

pass on to graduation, suddenly withdrew his support and left him

to his own exertions. Of the motives of this unexpected arrest in

his college career, on which so much might have depended, it is

useless, now at least, to speculate or inquire. But it will be a

source of gratification to his friends to be assured that it was

attributable to no demerit in our student. True, his contemporaries

at Yale differ widely in their estimation of his capacities while

there. The Northern students, who belonged to a different society,

regarded him as a frolicsome youth, averse to mathematics, and fond

of novel-reading, who gave no indications of superior endowments.

On the other hand, a college classmate (Thomas P. Devereux, Esq.,

of Halifax) and member of the same society, who knew him intimately

throughout life, and was five and twenty years associated with him

at the bar, affirms that "he was beyond dispute the first boy of

his class, composed of seventy individuals, many of them afterwards

distinguished men." He was not, says this friend, "a hard student

of the prescribed course. Perhaps I ought to add that he was remiss

in his college duties, but he was eager for information to a most

wonderful degree, and among his fellow-students he exhibited the

same intellectual superiority we have seen him so steadily maintain

among men." To the same source I am indebted for the following

observations concerning his elocution, which I repeat for the

advantage and encouragement of the young. "I think," he remarks,

"that the thousands who listened to the fluency with which Mr.

Badger spoke, the clearness of his enunciation, the exact accuracy

of his sentences and the carefulness of their formation--the right

words always in the right places--will be surprised to learn that in

his youthful attempts in debate he was almost a stammerer. I have

heard him say he owed exemption from downright stuttering to his

father, whom he remembered with affection, though under five years

of age at the time of his decease, who would not permit him to speak

while he hesitated in the least, but required him to stand by his

side perfectly silent, until he had collected himself and arranged

his thoughts. He, himself, often asserted that any one could speak

fluently who thought clearly and did not lose his presence of mind."

He made known to President Dwight the reception of the letter

announcing the withdrawal of the patronage by which he had been thus

far supported, and the _res angusta domi_ which caused him to bid

adieu to Yale when reaching the portion of her curriculum by which

his expanding mind would have been most profited, and left with the

regrets and kind wishes of that venerable divine and instructor. In

after years when he had established a character, his _alma mater_

honored herself by volunteering a degree to her barely risen junior,

and enrolling his name among her sons with whom he should have

graduated in 1813, as, at a later period, she acknowledged his still

higher advancement in liberal learning, by conferring upon him the

degree of Doctor of Laws.

He appears to have indulged in no unavailing grief at the freak

of fortune which blasted his hopes of a collegiate education, but

returning home, though but little over seventeen years of age,

betook himself at once to the study of the law. His legal preceptor

was his maternal cousin, Hon. John Stanly, of New Bern, who as

an advocate, a statesman, a parliamentarian, a wit and adept in

conversation, is one of the historical characters of North Carolina;

and, who, viewing him as I did, from the gallery of the House of

Commons in my boyhood, impressed me as an orator of more graceful

and elegant manner and action, according to my conception of the

Ciceronian standard, than any public speaker it has ever been my

fortune to hear.

Mr. Badger was granted a license to practice law in the County

Courts in the summer of 1814, and, according to the usual probation,

in the Superior Courts in 1815; the Judges of the Supreme Court

consenting to relax the ordinary rule and overlook his nonage, by

reason of the narrowness of his fortune and the dependence of his

mother and sisters upon his exertions for their support. The war

with England raging in the former year, and an invasion of the State

being threatened by the British forces under Admiral Cockburn, then

hovering on our coasts, Governor Hawkins called out the militia, and

himself took the field, in an expedition for the defense of New Bern

and Beaufort. In this expedition Mr. Badger served as aid-de-camp

to General Calvin Jones, of Wake, with rank of major; but the alarm

soon ceasing, with the retirement of the enemy the soldier was

again resolved into the youthful barrister. A vacancy occurring in

the office of solicitor to prosecute the pleas of the State in that

riding, about this time, he was introduced to public notice by the

temporary appointment from the judge, and made one circuit in that

capacity.

In 1816, the year of his majority, he was returned a member of

the House of Commons from the town of New Bern; and whatever

advantages he may have lost by his retirement from college (and

they were doubtless many and important), it may well be questioned

whether any of the more fortunate youths he had left behind in the

classic shades of Yale were, by this time, better fitted to play a

distinguished part in a deliberative assembly or a court of justice.

Profiting by the instruction, the conversation, the intercourse,

and the example of that accomplished gentleman, Mr. Stanly, and his

compeers, Gaston, Edward Graham, Moses Mordecai, and others, whom

he met at the bar or in society, but above all by his own profound

study, he not only gained great attainments in the law, but (what

is now I fear becoming rare), a familiar acquaintance with the

classic authors of English literature, and with the arts of rhetoric

and composition. He wrote and spoke our language with a readiness,

force, precision, and propriety, the more remarkable because equally

as conspicuous in jocose and trifling conversation (in which he

freely indulged) as in public address. As a critic, whether under

the inspiration of a "good or bad natured muse," he has had few

peers among the judges of "English undefiled." His appearance in

the Legislature was the advent of a new star above the horizon,

somewhat erratic and peculiar in its orbit, but effulgent even in

its irregularities, and shining with a splendor not unworthy of the

oldest and greatest lights of the firmament.

Tradition furnishes anecdotes of many encounters, during the

session, of gladiatorial skill, in which his love of pleasantry and

the _gaudia certaminis_ involved him with the late Attorney-General

Drew, a son of genius and of Erin, and others, with various success:

but it assures us that this, his first and last session in the

General Assembly, closed with a profound impression and universal

acknowledgment of his genius, culture, and high promise for the

future.

The Hon. Thomas Ruffin, the speaker of the House of Commons, who

had been first appointed a judge of the Superior Court during this

session, discovering in Mr. Badger a congenial spirit, alike emulous

with himself of liberal culture and professional distinction,

invited him to take his briefs and pursue the practice in Orange.

The acceptance of this proposition carried him to Hillsborough as

his place of residence for the next two or three years, during

which, having married the daughter of Hon. James Turner, of Warren,

he transferred his home to Warrenton; thence he moved to Louisburg,

where he continued to reside until his retirement from the bench in

1825, when he removed to Raleigh, and there abode during the residue

of his life.

How well he maintained his professional character in the new field

of his practice is observed in the fact that, with but little of

what is known as personal popularity, he was elected a judge of the

Superior Court by the Legislature in its session of 1820, at the

age of twenty-five. In this office he rode the circuits four years

with admitted ability, candor and impartiality, evading no question

and no duty; but he was sometimes thought to err from quickness

of temper and too great readiness to assume responsibility. His

courtesy to the profession won him general esteem. The people,

though sometimes murmuring at the severity of a sentence or a

supposed arbitrary or whimsical order, regarded with equal wonder

the promptness and force with which he discussed questions of law

with the veterans of the bar, and the intelligent, amusing and

instructive conversation with which he habitually entertained his

acquaintances and associates.

I mention a single case in his administration of the law as

illustrative both of the firm and impartial hand with which he dealt

out justice and the jealous care with which the judiciary of North

Carolina has ever protected and maintained the rights of the weak

against the strong and influential. A citizen of great fortune, and

advanced age, who had represented his county in earlier years in

both Houses of the Legislature, having also numerous and influential

connections, charged a free-negro with larceny of his property,

had him brought by warrant before a justice of the peace, prevailed

on the justice to try and convict him of the offense charged, and

to sentence him to punishment by stripes, which were inflicted--a

proceeding allowable by law, provided the offender had been a slave.

But here the culprit was a freeman, and by the Constitution entitled

to public trial in open court before a jury of the country. The

prosecutor, with the justice and constable, was arraigned before

the Superior Court for this violation of law, and their guilt

being established, Judge Badger, who happened to preside at this

term, was strongly inclined to imprison the principal defendant,

and was only deterred by reason of his (said defendant's) age and

state of health; but, announcing that this was omitted from that

cause only, sentenced him to a fine of twelve hundred dollars, the

justice of the peace to fifty, and the constable to ten dollars,

the differences being made on account of their several grades of

intelligence and consequent criminality, as well as of ability to

pay.

From the time of his return to the bar and location at Raleigh,

until the access of disease which suddenly, and, as it proved,

finally arrested his course, he devoted his time to the practice

of his profession, with the exception of a few months, occasioned

by his appointment by Harrison and his continuation by Tyler as

Secretary of the Navy, and such further interruption as was produced

by his occupation of a seat in the Senate of the United States from

1846 to 1855. During his forensic career he was, at different times,

proposed by executive nomination for the bench of the Supreme Court,

both of his own State and of the United States; but the spirit of

party exacted a denial of his confirmation, though no man doubted

his eminent qualification.

If it be true, as remarked by Pinkney, in one of his familiar

letters, published by Wheaton, that "the bar is not a place

to acquire or preserve a false or a fraudulent reputation for

talents," it was eminently so in his case. He had an intrepid and

self-reliant mind, which, disdaining artifice, timidity or caution,

struck out into the open field of controversy with the daring of

conscious power, and shunned no adversary not clad in the panoply

of truth; was as ready to challenge the authority of Mansfield or

Denman, Rosyln or Eldon, if found deflecting from the paths of

principle or precedent, as that of meaner names. If, from want of

opportunity or inclination, he had failed to master the mathematics

of numbers, he made himself proficient in the mathematics of life

(as our law, from the exactness of rule at which it aims, has been

not inaptly denominated), and by a rigorous logic was prompt to

expose whatever could not bear the test of reason. Yet, it was a

logic free from the pedantry of the schools, apparently not derived

from books, and accompanied by a rapidity of mental action, which

gave to it the appearance of intuition. Whether in analysis or

synthetical reasoning, in dealing with facts before juries or the

most intricate questions of law before courts, these faculties were

equally conspicuous, and attended, when occasion called for their

use, with powers of humor, sarcasm, and ridicule hardly inferior to

those of ratiocination. Added to all this, there was a lucidness

of arrangement, an exact grammatical accuracy in every sentence,

a forcible and graceful style which, independent of a clear and

distinct enunciation, a melodious voice and engaging manner,

imparted even to his extemporaneous arguments the charms of polished

composition.

On one occasion, in a case of indictment for blasphemy, the question

had been raised whether the Christian religion was a part of the

common law, with a suggestion that if it was, it might be altered

by statute, Mr. Badger volunteered an argument for the cause of

religion and sound morality. It so happened that, as he opened his

case, a venerable citizen of the State, of great intelligence,

entered the court-room to speak a word to the reporter, expecting

immediately to retire. He was, however, so fascinated with the

manner of the speaker, the splendor of his diction, the copiousness

of his theological and legal learning, the force and clearness of

his arguments and the precision with which they were stated, that

he sat down and heard him to the close, observing, as he withdrew,

"what folly ever to have made him a judge, he ought to have been a

bishop."

Literature, whose office it is to preserve the results of learning,

knowledge, and fancy, has made so little progress among us that

there has not been much effort to save from oblivion the discussions

at the bar or in the deliberative assemblies of the State--the chief

theatres of public intellectual exertion besides the pulpit. Had Mr.

Badger been studious of posthumous fame and bestowed half the time

in reporting his speeches in the more important of his causes on the

circuit, which Cicero recommended and practiced in the preparation

of his orations, the result would have been a most interesting

contribution to American rhetorical literature. There are occasions

enough within the recollection of many, who were present, in Wake,

Orange, Granville, Halifax, and elsewhere, when his utterances,

even if printed as delivered, would have formed a volume of no less

interest than the speeches of Wirt or Emmet, Erskine or Curran,

as well as afforded insight into events, crimes, transactions of

business, and the state of society of our times, such as the muse of

history derives from the records of courts of justice.

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