"CITY OF RALEIGH,
"HOUSE OF COMMONS,
"December
3rd, 1852.
"SIR: The general assembly of the State of North Carolina, now in session, on yesterday, with an unanimity seldom equalled in the councils of the state, have elected you to the elevated position of judge of the supreme court.
"This will be doubtless unexpected to you, but we trust that it will be gratifying. It was done without any caucus or convention arrangement; but both of the great parties, now so equally balanced in the legislature, have with patriotic unanimity thrown aside the shackles of party, and offer to your hands the highest office in their gift.
"In the language of one of your distinguished compeers, we can say: 'To give a wholesome exposition of the law, to settle the fluctuating and reconcile the seeming conflicting analogies of judicial decisions, to administer justice in the last resort with a steady hand and upright purpose,' are among the highest civil functions that in our republic a citizen can be called upon to discharge. This post we now tender to you. In this case 'the office has sought the man, and not the man the office.' We sincerely hope that you will accept it.
"With assurance of our personal regards for your health and happiness, we are faithfully your friends,
"JNO. H. WHEELER,
"JNO. BAXTER,
"A. M. SCALES,
"J. A. WAUGH,
"C. H. WILEY,
"JOSIAH TURNER, jr.,
J. G. MACDUGALD,
W. K. MARTIN,
H. SHERRILL.
R. A. RUSSELL,
R. G. A. LOVE,
B. L. DURHAM,
"W. J. LONG.
"To Hon. WM. H. BATTLE,
"Raleigh, N. C."
"December 10, 1852.
"GENTLEMEN: Your note, directed to me at this place, informing me that the general assembly had elected me to the office of judge of the supreme court, and asking my acceptance of it, did not find me here, for the reason that I had not then returned from my circuit. You are aware that upon my arrival in Raleigh, on my way home, I addressed a communication to the honorable body, of which you are members, in which I signified my acceptance of the post which their partiality had assigned me. This would seem to render unnecessary any reply to your note, but the kind and friendly spirit which dictated it, and the highly complimentary terms in which it is couched, forbid my leaving it unnoticed.
"I do not pretend to be exempt from the ambition of standing fair in the estimation of my fellow-citizens, nor can I receive with indifference any manifestation of their favor. I accept with a grateful heart the high and responsible office which they, by their representatives, have conferred upon me I accept it with a deeper feeling of gratitude because it was bestowed spontaneously and without distinction of party. I know full well that its duties are of the gravest and most important character, and that the successful performance of them demands the highest attributes of the head and heart; attributes which distinguished and illustrated the official life of him whose vacant place I am now called upon to occupy. I sometimes fear that I may not be equal to the task which I have consented to assume. I might shrink from the attempt were I not cheered on by the reflection that my labors for twelve years in a scarcely less responsible position have been approved by the present action of your honorable body. With this animating reflection, and trusting in the beneficence of that Providence which has hitherto upheld and supported me, I enter upon the discharge of the duties of my present office, determined to spend myself in the service of my native state, which has so highly honored me.
"For the kind and flattering manner in which you have thought proper to address me, please accept the assurances of my most grateful acknowledgments.
"I am, with sincere regard, very truly yours,
"WILLIAM H. BATTLE.
"To Messrs.
"JOHN H. WHEELER,
"JOHN BAXTER,
"ALFRED M. SCALES,
"J. A. WAUGH,
"CALVIN H. WILEY,
"JOSIAH TURNER, jr.,
J. G. MACDUGALD,
WM. K. MARTIN,
H. SHERRILL,
R. A. RUSSELL,
R. G. A. LOVE,
B. L. DURHAM,
"W. J. LONG.
"RALEIGH, N. C."He held this high position until the civil war closed the courts, and in 1868 he returned to Raleigh. The space allowed for this sketch does not permit any extended comments upon the judicial decisions of Judge Battle. He
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