532
The Green Bag.
and was a member of the provincial con patience, gave him at once an established gress at Halifax in 1776, which framed reputation. It was followed by similar anno the State Constitution. Joel Battle, the tated reprints of several other volumes of the father of Judge Battle, was an influential earlier reports. From 1834 to 1839, in con and enterprising citizen of the same county, junction with T. P. Devereux, he was Re and established the Rocky Mount Mills, porter to the Supreme Court, and published which remained till recently in the Battle 4 volumes of Law and 2 of Equity Reports, family. Judge Battle graduated at the State which are now known as 18 to 22 X. C. Re University in 1820, delivering the valedic ports. These were the halcyon days of tory, then deemed the prize of the second- the court; Ruffin, Daniel, and Gaston being best scholar. Among his classmates were then the judges constituting the court. In the distinguished lawyer B. F. Moore and ' 1835 he was appointed, in conjunction with Bishop Otey; and among his college mates Governor Iredell and Judge Nash (afterward his future associate, Chief-Justice Pearson, j Chief-Justice), to revise the statute law of the He was the eldest of six brothers, all of State. In 1836-1 837 the legislature adopted whom were educated at the University. He their work, the " Revised Statutes," with read law with Judge Henderson, and was small alteration. This work owes much of licensed to practice in 1824. In January, its excellence to Judge Battle's indefatigable 1827, he removed to Louisburg. He had labor and thorough knowledge of the statute not the qualities to push him early to the law and the decisions. front in his profession. He won his way by In 1839, Mr. Devereux having resigned. industry and fidelity. The voters of the Judge Battle became sole Reporter; but be county in which he resided were almost fore he had issued a volume, Judge Toomer unanimous in support of Jackson's adminis having resigned, he was appointed by Gover tration, while Judge Battle belonged to the nor Dudley to succeed him on the Superior opposition. He was little calculated for Court bench, and was elected by the legisla political life, but he had the courage of his ture when it met later in the same year. His opinions. He was twice defeated for the work as sole Reporter is in the first part of 23 legislature, but on a third venture he was and 36 N. C. Reports (1 Ire. and 1 Ire. Eq.) elected, in 1833, to the House of Commons, To add to his modest salary as judge, like and in 1834 he was again elected by an in many of our judges, he found it best to open a creased majority. After his election three law school. For that purpose and to educate fourths of the voters of the county signed his sons he removed in 1843 to Chapel Hill. a petition to him to vote for Hon. Bedford In 1845 he was elected by the trustees of Brown for U. S. Senator, who was of the the university professor of law, but with opposite political party, and in deference to out salary, and opened the law school, the will of the people, upon whose consent which lasted till 1866. A large percentage our form of government is based, he so voted. of the lawyers of the State owe much of He was not misled by these successes, so their professional attainments to his faithful complimentary to him, and which were due and careful instruction. All his students to public confidence in his character, from remember him with respect and affection. his true vocation, and after this never again Among his students were three of his suc attempted the thorny path of politics. cessors on the Supreme Court bench, — As early as 1832 Judge Battle published Davis, Shepherd, and Clark. a second edition of 1 Haywood's Reports Learned, firm, patient, courteous, incor (now 2 N. C), annotated with references ruptible, and impartial, his administration to subsequent decisions and statutes. This of justice on the Superior Court bench met work, manfesting his learning, ability, and with an approval which marked him out