honor. He said the proudest moment of his life was when he announced this fact to his mother. On his return to Newbern he studied law with Francis Xavier Mart in, a native of France, a leading lawyer, author of Martin's N. C. Re ports, and of a history of North Carolina, afterwards appointed by Mr. Jefferson judge in Mississippi Territory, and who was a judge of the Supreme Court of Louisiana thirtyone years, 1815-1846, out-living his dis tinguished pupil. In 1798 Judge Gaston was admitted to the bar, being then twenty years of age. In 1800 he was elected to the State Senate, and in 1808 Presidential Elector for that district, the electors being then chosen by districts in this State. In 1808, 1809, 1824, 1827, 1828, and 1831 he repre sented the town of Newbern in the House of Commons, being chosen Speaker of that body in 1808, and afterwards; and in 1800 (as already stated), 1812, 1818, and 18 19 he was in the State Senate. He was defeated for Congress in 1810 by William Blackledge, but was elected in 1812, takinghis seat in 1813 and again in 181 5. He at once took a lead ing part. Mr. Webster, in reply to an inquiry from a member of Congress from Ohio, " who was the greatest of the great men in the War Congress," said, "The greatest man was William Gaston; " adding, with a smile, " I myself came in along after him." With equal magnanimity, Henry Clay, in conversation at Raleigh, said : "I once differed with Gaston, but afterwards found that Gaston was right." Soveral of his speeches, especially those on the " Loan Bill " and the " Previous Ques tion," are models of parliamentary debate. He was the leader of the Federal party, and opposed to the Administration. After two terms in Congress he voluntarily returned to his practice. In the State Senate, in 1818, he drafted and introduced the bill which es tablished the Supreme Court of this State. The statute book of North Carolina is full of proofs of his wisdom. His speech on the State Currency in 1828, and in defence of the Constitution in 183 1, and in 1827, in
opposition to a bill introduced by Frederick Nash (himself afterwards Chief-Justice) to reorganize the Supreme Court, are among his most notable efforts. His most brilliant legislative action was in the State Convention of 1835 (while still on the Supreme Court bench), when he secured the repeal of the constitutional restrictions upon Catholics. He was a superb orator and a most per suasive advocate. His address before the Literary Societies at the University of North Carolina in 1832, and at Princeton in 1834, are models of their kind. Upon the death of Chief-Justice Henderson, in 1833, Gaston was elected without solicita tion or suggestion from himself to the Su preme Court bench, as Associate Justice, Judge Ruffin becoming Chief-Justice. He was then fifty-five years of age, and the senior in years of both his associates, — Ruffin and Daniel. His election was indeed a marked compliment to his personal emi nence; for in the fifty years which elapsed between the creation of the Supreme Court in 18 18, and its bouleverscment
the cata
clysm of 1868, this was the only instance of the election to that bench of any one who had not previously served upon the Superior Court bench. Indeed, all others were taken directly from that bench except Judge Hen derson, and he, after having served many years as a Superior Court judge, had only recently resigned when elected to the Su preme Court on its organization. Gaston had been thirty-five years in full practice at the bar before he was called to the bench; ' but his opinions are singularly free from that disposition to choose sides which is so often observed in judges who come late to the bench, and who generally are swayed by strong preconceived views on some subjects. In 1835, as already stated, he was a leading member of the Convention of 1835 to amend the Constitution. When called to the bench in 1833, the Constitution con tained a provision, the famous thirty-second article, rendering ineligible to office any one I who "denied the truth of the Protestant
