Walter Clark (judge)
Walter McKenzie Clark was a North Carolina politician and attorney who served as an associate justice and chief justice of the North Carolina Supreme Court. Clark was born in Halifax County, North Carolina to General David Clark and Anna M. Thorne, he attended the University of North Carolina at Chapel Hill where he was a member of the Philanthropic Society. His portrait hangs in the chamber of the Philanthropic Society wherein aspiring members are expected to memorize his contributions to North Carolina, he served as an officer in the Confederate States Army, in the 22nd and 35th North Carolina Infantry regiments during the American Civil War before enrolling at the University of North Carolina at Chapel Hill. After graduating first in his class in 1864, he returned to the war as commanding officer of the 6th Battalion, North Carolina Junior Reserves; the battalion was integrated into the 1st Junior Reserves Regiment known as 70th North Carolina Infantry Regiment, of which he became the lieutenant colonel.
In the 1870s, Clark moved to Raleigh, North Carolina, practiced law, wrote books on law and history. Clark was married on 27 January 1875 to Susan Washington Graham, daughter of William Alexander Graham. In April 1885, Governor Alfred M. Scales appointed Clark a judge of the superior court, in 1889, Gov. Daniel G. Fowle elevated him to the state Supreme Court, he was elected to the Supreme Court in 1890, in 1894, was re-elected with the support of not only his own Democratic Party, but that of the Republicans and Populists. Clark was re-elected several times. In 1912, he unsuccessfully ran for the United States Senate as a liberal reformer against fellow Democrat Furnifold Simmons. Clark died in office in 1924. Dictionary of North Carolina Biography OurCampaigns.com biography North Carolina Manual of 1913 North Carolina Historical Marker Address by Chief Justice Walter Clark Before the Federation of Women's Clubs, New Bern, N. C. 8 May, 1913 Works by Walter Clark at Project Gutenberg Works by or about Walter Clark at Internet Archive
Historic Oakwood Cemetery
Historic Oakwood Cemetery was founded in 1869 in North Carolina's capital, near the North Carolina State Capitol in the city's Historic Oakwood neighborhood. Historic Oakwood Cemetery contains two special areas within its 102 acres, the Confederate Cemetery, located on the original two and one-half acres, the Hebrew Cemetery, both given for that purpose by Henry Mordecai in 1867. George B. Anderson Charles B. Aycock Josiah W. Bailey William Horn Battle Kemp P. Battle Thomas Bragg Needham B. Broughton Henry King Burgwyn, Jr. Lorenzo Charles William Ruffin Cox Josephus Daniels Elizabeth Edwards, son Wade Edwards monument created by Robert Mihaly William G. Enloe Thad A. Eure Sr Daniel Gould Fowle Jesse Helms Robert Hoke William Woods Holden Cornelia Petty Jerman, North Carolina suffragist Nell Battle Lewis Basil Charles Manly, Confederate Major of Artillery and Mayor of Raleigh. Augustus S. Merrimon Dan K. Moore Leonidas L. Polk Edwin G. Reade Willis Smith David L. Swain Thomas F. Toon Berrian Kinnard Upshaw, first husband of Margaret Mitchell and possible inspiration for the character Rhett Butler.
Jim Valvano Carle Augustus Woodruff Jonathan Worth Official site: HistoricOakwoodCemetery.com
In common law systems, a superior court is a court of general competence which has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction, restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts; the term "superior court" has its origins in the English court system. The royal courts were the highest courts in the country, with what would now be termed supervisory jurisdiction over baronial and local courts. Decisions of those courts could be reviewed by the royal courts, as part of the Crown's role as the ultimate fountain of justice; the royal courts became known as the "superior courts", while lower courts whose decisions could be reviewed by the royal courts became known as "inferior courts". The decisions of the superior courts were not reviewable or appealable, unless an appeal was created by statute.
Superior Courts in Canada exist at the federal and territorial levels. The provincial and territorial superior courts of original jurisdiction are courts of general jurisdiction: all legal matters fall within their jurisdiction, unless assigned elsewhere by statute passed by the appropriate legislative authority, their jurisdiction includes civil lawsuits involving contracts, torts and family law. They have jurisdiction over criminal prosecutions for indictable offences under the Criminal Code of Canada, they hear civil appeals from decisions of the provincial and territorial "inferior" courts, as well as appeals from those courts in summary conviction matters under the Criminal Code. They have jurisdiction of judicial review over administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities; the superior courts of appeal hear appeals from the superior courts of original jurisdiction, as well as from the inferior courts and administrative tribunals.
The jurisdiction of the superior courts of appeal are statutory. The details of their jurisdiction will vary depending on the laws passed by the federal government and the particular province or territory. All judges of the provincial superior courts are appointed by the federal government under the authority of the Constitution Act, 1867, while judges of the territorial superior courts are appointed under the authority of their respective territorial acts passed by the federal Parliament; the judges of the Federal Courts are appointed by the federal government under the authority of the Federal Courts Act. In Hong Kong, the Court of Final Appeal, the Court of Appeal and the Court of First Instance, are all superior courts of record; the general superior courts of South Africa are the High Courts, the Supreme Court of Appeal and the Constitutional Court. The High Courts are courts of first instance with general jurisdiction. Most cases are, tried in the magistrates' courts or other lower courts, appeals from these courts are heard by the High Court.
The Supreme Court of Appeal is an appellate court, hearing appeals from the High Courts. The Constitutional Court is an appellate court, hearing appeals on constitutional matters from the Supreme Court of Appeal or in some cases directly from the High Courts; the Constitutional Court occasionally acts as a court of first instance in certain cases involving the constitutionality of laws and government actions. There are specialist superior courts with exclusive jurisdiction over certain matters; the Supreme Court of the United Kingdom is the superior court of record of the United Kingdom and is the final appellate court for all separate legal systems of the parts of the United Kingdom. In England and Wales, the Court of Appeal, the High Court and the Crown Court, altogether form the Senior Courts of England and Wales, are all superior courts of record; the Judicial Committee of the Privy Council is the final forum for several independent Commonwealth nations as well as all Overseas Territories of the United Kingdom and Crown Dependencies, thus is the superior court in its capacity as the final appellate court of the respective legal systems.
In a number of jurisdictions in the United States, the Superior Court is a state trial court of general jurisdiction with power to hear and decide any civil or criminal action, not specially designated to be heard in some other courts. California, Washington, the District of Columbia, Georgia are all examples of such jurisdictions. In other states, equivalent courts are known as courts of common pleas, circuit courts, district courts or, in the case of New York, supreme courts; the term "superior court" raises the obvious question of superior to what. Many jurisdictions had inferior trial courts of limited jurisdiction such as municipal courts, traffic courts, justice of the peace courts, so it was natural to call the next level of courts "superior." However, some states, like California, have unified their court systems. In California, all lower courts were absorbed into the Superior Courts of California after 1998; the lower courts now exist only as mere administrative subdivisions of the superior courts.
The superior courts are no
Kemp P. Battle
Kemp Plummer Battle was an American lawyer, railroad president, university president and historian. He served as North Carolina State Treasurer and as president of the University of North Carolina in the nineteenth century. Battle spent his early childhood in Louisburg, North Carolina, where his father William Horn Battle practiced law and was active in politics, his grandfather was "the honest lawyer" Kemp Plummer. He graduated from the University of North Carolina at Chapel Hill in 1849 as the valedictorian of his class, he was a member of the Dialectic Society while attending UNC. During the next five years he worked at the university, as tutor of Latin and as tutor of mathematics, while studying law under the tutelage of his father, he began a practice in Raleigh. In 1857, he was named a director of the rechartered Bank of North Carolina. In 1861 Battle signed the Ordinance of Secession. During the Civil War he served as president of the Chatham Railroad which existed to haul coal from the mines in Chatham County to Confederate armament factories.
In 1862, Battle was elected by the legislature to serve as a trustee of the University and held this position until 1868, when the entire board was thrown out by the Reconstruction General Assembly. He was elected Treasurer by the legislature in 1866 but removed from office in 1868 by the occupying U. S. military authorities because of his service to the Confederacy. In 1874, Battle was reappointed a trustee to the University, he was named president of the University in 1876 and served ably until 1891, when he resigned to become Alumni Professor of History. He became a distinguished historian and compiled a significant body of scholarly work, the most prominent piece being his two-volume History of the University of North Carolina, still today considered a significant study. In fact, the Dialectic and Philanthropic Societies, the oldest student group on UNC's campus, hosts a lecture every year on University Day named in his honor. Battle is buried in Historic Oakwood Cemetery. NC Treasurer Official site Historic Oakwood Cemetery Works by or about Kemp P.
Battle at Internet Archive
Zebulon Baird Vance
Zebulon Baird Vance was a Confederate military officer in the American Civil War, the 37th and 43rd Governor of North Carolina, U. S. Senator. A prolific writer, Vance became one of the most influential Southern leaders of the Civil War and postbellum periods. Zebulon Vance was born in Buncombe County, North Carolina, near present-day Weaverville, the third of eight children, his family owned 18 slaves. His uncle was Congressman Robert Brank Vance, for whom his elder brother, Robert B. Vance, was named. At age twelve he was sent to study at Washington College in Tennessee, now known as Washington College Academy; the death of his father forced Vance to return home at the age of fourteen. It was during this time. To improve his standing, Vance determined to go to law school. At the age of twenty-one, he wrote to the President of the University of North Carolina, where he was a member of the Dialectic and Philanthropic Societies, former Governor David L. Swain, asked for a loan so that he could attend law school.
Governor Swain arranged for a $300 loan from the university, Vance performed admirably. By 1852 Vance had begun practicing law in Asheville, was soon elected county solicitor. By 1853, he married Harriette Espy at Quaker Meadows, they would subsequently have five sons, four of whom survived to adulthood. By the time the ordinance of secession had passed in May 1861, Vance was a captain stationed in Raleigh, commanding a company known as the "Rough and Ready Guards", part of the Fourteenth North Carolina Regiment; that August, Vance was elected Colonel of the Twenty-sixth North Carolina. The Twenty-sixth engaged in the Battle of New Bern in March 1862, where Vance conducted an orderly retreat. Vance led the Twenty-sixth at Richmond; the Twenty-sixth was destroyed at the Battle of Gettysburg, losing more than 700 of its original 800 members, though Vance at that time was no longer in military service. In September 1862, Vance won the gubernatorial election. In the Confederacy Vance was a major proponent of individual rights and local self-government putting him at odds with the Confederate government of Jefferson Davis.
For example, North Carolina was the only state to observe the right of habeas corpus and keep its courts functional during the war. Vance opposed Confederate conscription practices. Vance testified that the North Carolinians were "troops raised for local defense" and that "the Confederate government did not keep faith with these local troops," who were "transfer to the regular service" in "violation of their enlistment agreement." This testimony questioned the legality of Pickett's decision to hang as deserters the North Carolinians found fighting for the Union troops, put Pickett at risk of prosecution for war crimes. Vance refused to allow supplies smuggled into North Carolina by blockade runners to be given to other states until North Carolinians had their share. Vance's work for the aid and morale of the people inspired the nickname "War Governor of the South". Vance was re-elected in 1864. On May 29, 1865, William Woods Holden was appointed governor by President Andrew Johnson; some have said that when Vance left Raleigh when it was captured by Sherman at the end of the Civil War, that the house where he temporarily lived in Statesville was a "temporary state capitol," but it is more argued that there is no evidence that he conducted official business in Statesville, that Gov. Holden believed that once Vance left Raleigh, he relinquished the office of governor.
Governor Vance was arrested by Federal forces on his birthday in May 1865 and spent time in prison in Washington, D. C. Per US President Andrew Johnson's amnesty program, he filed an application for pardon on June 3, was paroled on July 6. After his parole, he began practicing law in Charlotte, North Carolina. Among his clients was accused murderer Tom Dula, the subject of the folk song "Tom Dooley." Governor Vance was formally pardoned on March 11, 1867, though no formal charges had been filed against him before his arrest, during his imprisonment, nor during the period of his parole. In 1870, the state legislature elected him to the United States Senate, but due to the restrictions placed on ex-Confederates by the 14th Amendment of the Constitution, he was not allowed to serve. In 1876, Vance was elected Governor once again, in 1879 the legislature again elected him to the United States Senate; this time he was seated, he served in the Senate until his death in 1894. After a funeral in the U.
S. Capitol, Vance was buried in the Riverside Cemetery in Asheville. Starting in about 1870, Vance gave a speech hundreds of times he called "The Scattered Nation," which praised the Jews and called for religious tolerance and freedom amongst all Americans. In 1880, Vance married Florence Steele Martin of Kentucky. "He was the Mount Mitchell of all our great men, in the affections and love of the people, he towered above them all. As ages to come will not be able to mar the grandeur and greatness of Mount Mitchell, so they will not be able to efface from the hearts and minds of the people the name of their beloved Vance." – T. J. Jarvis, Governor from 1879 to 1885 "There never lived such a stump speaker as." – George Edmund Badger, US Senator 1846 to 1855 "As war governor, Vance endeared himself forever to his people. He mitigated the horrors of war by insisting on the precedence of civil law, stoutly protected the state from the uncomfortable militarism of the Conf
William Alexander Graham
William Alexander Graham was a United States Senator from North Carolina from 1840 to 1843, a Senator in the Confederate States Senate from 1864 to 1865, the 30th Governor of North Carolina from 1845 to 1849 and U. S. Secretary of the Navy from 1850 to 1852, under President Millard Fillmore, he was the Whig Party nominee for vice-president in 1852 on a ticket with General Winfield Scott. Graham was born at Vesuvius Furnace near North Carolina, his Scots-Irish grandfather James Graham was born in Drumbo, County Down, Northern Ireland and settled in Chester County in the Province of Pennsylvania. William A. Graham graduated from Pleasant Retreat Academy and the University of North Carolina at Chapel Hill, where he was a member of the Dialectic Society, he studied law, was admitted to the bar in 1825, commenced practice in Hillsborough. From 1833 to 1840 Graham was a member of the North Carolina House of Commons from Orange County, serving twice as speaker. In 1840 Graham was elected as a Whig to the United States Senate to fill the vacancy caused by the resignation of Robert Strange, served from November 25, 1840, to March 3, 1843.
In the Twenty-seventh Congress he was chairman of the Senate Committee on Claims. His older brother, James Graham, had been representing North Carolina in the House since 1833. From 1845 to 1849 Graham was Governor of North Carolina. Having declined appointments as ambassador to Spain and Russia in 1849, he was appointed Secretary of the Navy in the cabinet of President Millard Fillmore in 1850, served until 1852. In the 1852 presidential election he was the unsuccessful Whig nominee for vice president, as Winfield Scott's running mate; the ticket only carried 42 electoral votes from the four states of Kentucky, Massachusetts and Vermont. After returning from Washington to North Carolina, he was a member of the state senate from 1854 to 1866, senator in the Confederate Senate from 1864 to 1865. In April 1865, with the Confederacy near defeat, Graham led a delegation that included another former governor, David Swain, to ask Union General William T. Sherman for a truce so that the state's capital, might be spared violence and destruction.
Sherman agreed. In 1866 Graham was once again elected to the United States Senate, but because North Carolina had not yet been readmitted to the Union, he could not present his credentials. From 1867 to 1875 he was a member of the board of trustees of the Peabody Fund, which provided educational assistance to the post-Civil War South. From 1873 to 1875 he was an arbitrator in the boundary line dispute between Maryland, he died in Saratoga Springs, New York, is buried in the Presbyterian Church Cemetery in Hillsborough. The United States Navy ship, USS Graham, the World War II Liberty ship SS William A. Graham, the city of Graham, North Carolina were all named for him, as was Graham County, North Carolina. Montrose Gardens, located in Hillsborough, North Carolina, is one of Graham's former estates and still features some of the structures Graham and his family had built on the property, he lived in the Nash-Hooper House at Hillsborough from 1869 until 1875. The house was declared a National Historic Landmark in 1971.
One of Graham's sons named William A. Graham, became a state legislator and state agriculture commissioner. Two others and John became politicians, while a daughter, married Walter Clark. In 1842, John H. Hewitt dedicated The Old Family Clock, to Mrs. W. A. Graham. United States Congress. "William Alexander Graham". Biographical Directory of the United States Congress
Edgecombe County, North Carolina
Edgecombe County is a county located in the U. S. state of North Carolina. As of the 2010 Census, the population was 56,552, its county seat is Tarboro. Edgecombe County is part of North Carolina, Metropolitan Statistical Area; the county was formed in 1741 from Bertie County. It was named for Richard Edgcumbe, a Member of Parliament from 1701 to 1742 and a lord of the treasury, who became 1st Baron Edgcumbe in 1742. In 1746 part of Edgecombe County became Granville County. In 1855 the formation of Wilson County from parts of Edgecombe County, Johnston County, Nash County, Wayne County reduced Edgecombe to its present size, with a minor boundary adjustments. Edgecombe County was home to the Tuscarora Indians. Although most migrated north to New York in the 18th century, descendents of the Tuscarora still live in some parts of the county. According to the U. S. Census Bureau, the county has a total area of 507 square miles, of which 505 square miles is land and 1.3 square miles is water. As of the 2010 United States Census, there were 56,552 people residing in the county.
57.4% were Black or African American, 38.8% White, 0.3% Native American, 0.2% Asian, 2.3% of some other race and 1.0% of two or more races. 3.7% were Hispanic or Latino. As of the census of 2000, there were 55,606 people, 20,392 households, 14,804 families residing in the county; the population density was 110 people per square mile. There were 24,002 housing units at an average density of 48 per square mile; the racial makeup of the county was 57.46% Black or African American, 40.06% White, 0.20% Native American, 0.13% Asian, 0.01% Pacific Islander, 1.56% from other races, 0.58% from two or more races. 2.79% of the population were Hispanic or Latino of any race. There were 20,392 households out of which 32.80% had children under the age of 18 living with them, 46.20% were married couples living together, 21.50% had a female householder with no husband present, 27.40% were non-families. 24.00% of all households were made up of individuals and 10.10% had someone living alone, 65 years of age or older.
The average household size was 2.67 and the average family size was 3.16. In the county, the population was spread out with 27.10% under the age of 18, 8.60% from 18 to 24, 28.40% from 25 to 44, 23.40% from 45 to 64, 12.50% who were 65 years of age or older. The median age was 36 years. For every 100 females there were 86.80 males. For every 100 females age 18 and over, there were 80.80 males. The median income for a household in the county was $30,983, the median income for a family was $35,902. Males had a median income of $27,300 versus $21,649 for females; the per capita income for the county was $14,435. About 16.00% of families and 19.60% of the population were below the poverty line, including 27.50% of those under age 18 and 18.40% of those age 65 or over. Edgecombe County is a member of the regional Upper Coastal Plain Council of Governments; the North Carolina Department of Corrections operated the Fountain Correctional Center for Women in an unincorporated area in the county, near Rocky Mount.
It closed in December 2014. Edgecombe County Public Schools has 14 schools ranging from pre-kindergarten to thirteenth grade; these are separated into four high schools, four middle schools, five elementary schools, 1 K-8 school. It was formed in 1993 from the merger of the old Edgecombe County Schools and Tarboro City Schools systems; the county is home to Edgecombe Community College with campuses in Rocky Mount. Rocky Mount The county is divided into fourteen townships, which are both numbered and named: Crisp Mercer Duncan Lamont Clinch – born at Ard-Lamont in Edgecombe County, American Army officer in the First and Second Seminole Wars Dorsey Pender – born at Pender's Crossroads in Edgecombe County, Major General in the Confederate Army. Josiah Pender – cousin to Dorsey Pender, who captured Fort Macon from Union soldiers in 1861. Hugh Shelton – four-star General and former Chairman of the Joint Chiefs of Staff, appointed by President Clinton. National Register of Historic Places listings in Edgecombe County, North Carolina Edgecombe County serial killer Official website Geographic data related to Edgecombe County, North Carolina at OpenStreetMap NCGenWeb Edgecombe County - free genealogy resources for the county