The Supreme Court of North Carolina.

been surpassed by any. It is a model of its kind. Its commendation by Chief-Justice Marshall in a letter to its author adds to its interest, and renders it historical. In the latter years of his life he struggled with disease and financial embarrassment, the latter the result of over-sanguine invest ments. But to the last his gifted mind, when his chronic rheumatism permitted him to appear in the court-room, shone out in its noonday splendor, and at all times his hours of pain and misfortune were solaced "With silent worship of the great of old, The dead but sceptred sovereigns, Who rule our spirits from their urns." He died at Hillsboro, his place of residence, Feb. 3, 1832, and is buried in the Presbyte rian churchyard, where repose so many of our illustrious dead. He left two sons, Dr. Murphey of Mississippi, and Lieutenant Murphey of the United States Navy. A beautiful and growing town in the western most county of the State preserves his name, and our State itself the recollection of his fame. John DeRossett Toomer was born at Wil mington, March 13, 1784. He was educated in part at the University of North Carolina, but did not graduate. He was elected Judge of the Superior Court in 1818, but resigned the next year. On the death of Chief-Jus tice Taylor in 1829, Judge Toomer was ap pointed by Governor Owen in June to the Supreme Court till the legislature should meet in December, 1829, when Judge Thomas Ruffin was elected by that body. Thus Judge Toomer's stay upon the Supreme bench was brief, and he did not have oppor tunity to develop his powers; but the opin ions he filed afford proof that if time had been given, he would have achieved a repu tation equal to that of almost any judge who has occupied the seat. A judge who has capacity is like a tree in good soil, — he grows. Time is necessary to him. It is only an inferior man who does not improve by experience and study. Judge Toomer's I

467

opinions are thirteen in law cases to be found in 13 N. C. (2 Dev.), and two in equity cases in 16 N. C. (1 Dev. Eq.). For many years he was president of the branch bank of the Cape Fear at Fayetteville. He represented Cumberland in the State senate in 1831 and 1832, and was a member of the convention to revise the Constitution in 1835. In 1836 he was again elected a judge of the Superior Court, to succeed Judge Strange, who had been elected to the United States Senate. In 1840, on account of ill-health, he resigned, and was succeeded on the Superior bench by W. H. Battle. Judge Toomer was wel comed back to the bar, and located at Pittsboro, in Chatham County, where he lived till his death, Oct. 27, 1856, in the seventythird year of his age. He was an eloquent speaker, an agreeable writer, of fine literary attainments, and an amiable and urbane gentleman. "None knew him but to love him, None named him but to praise." He was succeeded on the Supreme Court bench, as already stated, by Judge Ruffin. The hunter in the Indian jungle discovers by unmistakable signs when the king of the forest has passed by. So the lawyer who turns over the leaves of the North Carolina Reports, when he comes upon the opinions of Thomas Ruffin, instantly perceives that a lion has been there. Thomas Ruffin, the eldest child of his par ents, was born in King and Queen County, Virginia, Nov. 17,1787. His father, Sterling Ruffin, was a very zealous and a very pious minister of the Methodist church. His mother was cousin-german to Chief-Justice Spencer Roane of the Supreme Court of Vir ginia. His father sent his son at a suitable age to a classical academy in Warrenton, N. C, taught by Marcus George, an Irishman, and a teacher of high reputation. Among his schoolmates there were Cadwalader Jones and Weldon N. Edwards. From this academy he was transferred to Nassau Hall, Princeton, N. J. His father, who was a deeply