{
  "id": 8687542,
  "name": "John Beard v. John A. Cameron",
  "name_abbreviation": "Beard v. Cameron",
  "decision_date": "1819-05",
  "docket_number": "",
  "first_page": "181",
  "last_page": "186",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Mur. 181"
    },
    {
      "type": "official",
      "cite": "7 N.C. 181"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:45:47.457789+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Beard v. John A. Cameron."
    ],
    "opinions": [
      {
        "text": "Henderson, Judge.\nIt is, to my mind, a very strange and incongruous proposition, that an answer is required to he given by A. B. whether he he a Judge, which answer' he cannot give unless he be a Judge. I plead that you are not a Judge: a Judge alone can decide the plea ,* and I call on you to decide. This certainly cannot he the way of testing Judge Baker\u2019s appointment. The way is very simple; but it is not for this Court to point it out. It is said that the extent of the jurisdiction of all Courts is settled by the Courts themselves. This is true: but then it must be remembered that in all such cases there is a Court competent to decide; and it is called upon not to decide whether it is a Court, but the extent of its jurisdiction. The plea must therefore be overruled.\nTaylob, Chief-Justice.\nThis is a plea filed by th* Defendant in person, objecting to the right in the late Judge Baker to hold the Superior Court of Bladen as the Judge thereof, on the ground that the Judge whose place, he was appointed to supply died during the session of the General Assembly; that the Governor and Council can supply only such vacancies, in the judicial department, as occur during the recess of the General Assembly; and that, consequently, the appointment and commissioning of \u2022 \u2022 Judge Baker were unauthorised by the Constitution. The pleadings are drawn out to considerable length, but it is deemed unnecessary to recite them, or to examine their sufficiency in point of form $ because the objection intended to be made is presented in an improper shape: the effect of assuming a principle wrong in itself, and building on a foundation radically defective.\nThe Defendant prays judgment if he ought to be compelled to answer to the Plaintiff in his said plea here depending. Whom does he ask to pronounce this judgment ? The person who is asserted by the plea to be constitutionally incompetent to render any judgment. If the person holding the Court were not a Judge duly autho-rised and rightfully commissioned, he could render a judgment in no case: none of his acts or proceedings could possess a judicial character, or be capable of affecting, in any shape, the rights or property of the citizens. It must he nugatory then, to propound to the person assuming this authority, a question involving his competency to decide; for that were to ascribe to his decision an authority which the very statement of the question denies it to possess. If he were to decide that he is a Judge, and proceed to try the cause and give final judgment, no efficacy could be imparted to such judgment by iiis decision : it would be ipso facto a nullity, in one case as well as in the other, and no act of his could give it the force of res adjudicata. The highest evidence of the opinion of a person acting in the character of a Judge, that he has a right to do so, is exercising the functions of the office. This has already been given \u00bf and the strength of such evidence is not increased by his particular opinion to the same effect expressed, or a plea to the jurisdiction.\nThe plea, however, contradicts a fundamental maxim of all laws, that no man shall be a judge in his own cause, This is, iii an especial manner, the cause of the person called upon to decide it; for, if the power he exercises be an usurpation, he is indictable for a misdemeanor, and subject to fine and imprisonment. It is not necessary to say to what extent he would be liable to individuals injured by his acts, or to the public for executing the laws involving capital punishment. It is enough for the prin-1 ciple of this case to show, that Mr. Baker could not answer the question submitted to him by the plea, without deciding on his own amenability to a prosecution. The law wisely presumes that no one in such a situation can give a righteous judgmentj and if, as the plea assumes, he was incompetent to hold a Court, still less was he competent to decide whether he could adjudge in the particular case. The plea must be overruled, and the Defendant answer over.",
        "type": "majority",
        "author": "Henderson, Judge. Taylob, Chief-Justice."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "John Beard v. John A. Cameron.\n1 1 From Bladen. J\nThe 20th section of the Constitution provides, \u201c that in every case, where \u201c any officer, the right of whose appointment is, by this Constitution, \u201c vested in tile General Assembly, shall, during their recess, die, or his \u201c office, by other means, become vacant, the Governor shall have power. \u201c with the advice of the Council of State, to fill up such vacancy, by \u201c granting a temporary commission, which shall expire at the end of \u201c the next session of the General Assembly.\u201d\nThe Honorable Samuel Lowrie, one of the Judges of the Superior Courts of Haw and Courts of Equity, died during the sitting of the General Assembly in 1818. And after the adjournment of the General Assembly, the Governor, with the advice of the Council of State, granted a temporary commission to the Honorable Blake Baker, to fill the vacancy occasioned by tire death of Judge Lowrie.\ntinder tins commission, Judge Baker held the Superior Courts of Law and Courts of Equity,in one of the Judicial Circuits; and a writ being returned before him, at tire Superior Court of Law for Bladen County, the Defendant pleaded to tire jurisdiction of the Court, setting forth tire above facts, and a prayed judgment if he ought to be compelled to answer to \u201c the Plaintiff, in his said plea,\u201d &c. The Plaintiff demurred,, and the demurrer was sustained, and tire Defendant ordered to answer over: for,\nIt is a strange and incongruous proposition, that an answer can be required to be given by a man, whether he be a Judg'e, winch answer he cannot give unless he be a Judge.\nIt is true, the extent of the jurisdiction of all Courts, is settled by the Courts themselves : but in all such cases, there is a Court, competent to decide, and it is called upon to decide, not whether it is a Court, but the extent of its jurisdiction.\nThe plea contradicts a fundamental maxim, that no man shall be a Judg\u2019e in his own cause. The law wisely presumes that no one in such a situation can give a righteous judgment; and if, as the plea assumes, Mr. Baker was incompetent to hold a Court, still less was he competent to decide whether he could adjudge in this particular case.\nThe object of the pleadings in this case, was to get the opinion of the Court upon the question, whether, where a Judge of the Superior Courts of Law and Courts of Equity^ (whose appointment, by the Constitution, is vested in the General Assembly) dies during the sitting of the General i;ie Governor has the power, with the adviceof the Council of State, to fill up the vacancy occasioned by his death, by granting a temporary commission the 20th section of the Constitution having declared, that the Governor shall have such power, where the death happens during the recess of the General Assembly.\n, The Plaintiff brought an action on the case, and the Defendant filed the following Plea, to-wit:\n\u201c And tile said John A. Cameron in his own proper person comes and \u201c defends the wrong and injury, and says, that this action is coram non, \u201cjudice: that there is no Superior Coui-t of Law now in session in the \u201c county of Bladen; that a Judge, legally and constitutionally appointed, \u201c is a constituent part of a Superior Court of Law for said county, and \u201c that tile said Blake Baker, Esq. has not been legally and constitution-t! ally appointed a Judge of the Superior Court of Law and Equity of \u201cthe State of North-Carolina aforesaid; and that the said Blake Baker, \u201c Esq. is not one of the Judges of the Superior Courts of Law and \u201c Equity of the State aforesaid, and that he has no authority to hold the \u201c Superior Court of Law of said county, and to preside in the same as K Judge; and that he has no jurisdiction over said action, nor any autho-v rity to receive any plea or make any order, or give any judgment in, v touching, or concerning the same; and this the said John A. Cameron \u201c is ready to verify, and, therefore, apprehends that the said Blake \u201c Baker, Esq. will not, nor ought to take any cognizance of the action \u00ab aforesaid here depending against him, &c. Therefore he prays judg- \u201c ment, if he ought to be compelled to answer to the said Plaintiff in his \u201c said plea here depending.\n\u201c J. A. CAMERON.\u201d\nThis Plea was sworn toand the Plaintiff replied as follows, to wit:\n\u201c And tiie said John Beard saith, that the said Hon. Blake Baker ought \u201c to take cognizance of the action aforesaid here depending against the' \" said J. A. Cameron; and that the said Defendant ought to be com- \u201c pelled to answer over to the said Plaintiff in his said action here \u201c depending; because the Hon. Samuel Lowrie, late one of the Judges * of the Superior Courts of Law and Equity of the State of North-Caro. \u201c lina, died during the recess of the General Assembly of the State \u201c aforesaid, and his Excellency John Branch, Governor of the State \u25a0'v aforesaid, with the advice of th.e Council of State aforesaid, issued a \u00ab temporary commission, bearing date the day of A. D. \u00ab 1818, (which commission will not expire until the end of the next ses- \u00ab sion of the General Assembly of the State aforesaid, winch next ses- \u201c sion, will not commence until the third Monday of the ensuing month \u00ab of November,) to the said Hon. Blake Baker, to fill the vacancy occa- \u00ab sioned by the death of the said late Hon. Samuel Lowrie, thereby \u00ab giving to the said Hon. Blake Baker, during the term aforesaid, all the \u00ab powers and authorities of a Judge of the Superior Courts of Law and \u201c Equity of the State aforesaid, which gives him full power and authority \u00ab to hold the Superior Court for the county of Bladen at this time, and \u00ab gives him jurisdiction over the aforesaid action ; and this the said John \u00ab Beard prays may be enquired of by the country.\n\u00abJAMES J. MACKAY,\n\u00ab Eor the Plaintiff.4 \u2019\nTo this Replication the Defendant rejoined:\n\u201c And the said John A. Cameron, as to the replication of the said John \u2022\u00ab Beard to the said plea of him, the said J. A. Cameron, saitli, that the \u00ab General Assembly of the State of North-Carolina commenced its \u25a0\u201c annual session for the year 1817 on the third Monday of November in \u00ab said year, at the city of Raleigh, in the State aforesaid, being the time \u00ab and place prescribed by law for said session ; and that the said Gene- \u00ab ral Assembly continued in session until the 24th day of December in \u00abthe said year, when the said General Assembly adjourned sine die about \u201c 10 o\u2019clock, A. M. of said day; and the late Hon. Samuel Lowrie, one \u201c of the Judges of the Superior Courts of Law and Equity of the State aforesaid, died on the 22d day of December, 1817, about the hour of 8 \u2022\u00ab o\u2019clock, A. M. at his residence in the county of Mecklenburg, about \u201c 150 miles from the city of Raleigh aforesaid, and that the Hon. Samuel \u00ab Lowrie died, and the office of Judge which he held as aforesaid be- \u00ab came vacant during the aforesaid session of the General Assembly, and \u201c that sufficient time elapsed between the death of the said Samuel \u00ab Lowrie and the adjournment sine die as aforesaid of the said session of \u00ab the said General Assembly of the State of North-Carolina as aforesaid, \u00ab for the said General Assembly to have known and been informed of \u00abthe said- death of the said Hon. Samuel Lowrie, and consequent \u00ab vacancy of the said office of Judge, and to have appointed a successor \u00ab of the said Hon. Samuel Lowrie to fill said vacant office before the \u201c time of their adjournment sine die as aforesaid; and that the said Hon. \u201c Samuel Lowrie did not die, nor the said office of Judge which he held \u00abas aforesaid become vacant, during the recess of the said General \u201c Assembly j. but the said General Assembly was in session at the time of \u201c said death, and that his Excellency John Branch, Governor of the State \u00ab aforesaid, with tire advice of the Council of State, had no authority to \u00abissue to Blake Baker, Esq. a temporary commission to fill the said f_ vacancy occasioned by the said death of the said Hon. Samuel Lowrie, \u00ab until the end of tlie next session of the said General Assembly; and if \u201c such commission has been issued by the Governor, with the advice of \u00abthe Council of State, it is an usurpation of power, not delegated to \u201c them, or either of them, by the people of North-Carolina, is in violation \u201c of the express words and in contravention of the spirit of the Conslitu- \u201c tion of the State aforesaid, and at warfare with the genius of her repub- \u201c lican institutions; and that the said Blake Baker, Esq. lias not the \" authority of a Judge of the Superior Courts of Law and Equity of the \u201c State aforesaid; and that he has no authority to hold the Superior 'v Court of Law for the county of Bladen aforesaid, or to preside in the \u201c same as Judge; and that he has no jurisdiction over the said action, \u201c nor any authority to receive any plea or make any order, or give any \u201c judgment in, to, or concerning the same; and of this he the said John * A. Cameron puts himselfupon the country, &c.\n\u201cJ. A. CAMERON.\u201d\nTo this Rejoinder the Plaintiff demurred, and the Defendant having joined in demurrer, the case was sent to this Court."
  },
  "file_name": "0181-01",
  "first_page_order": 185,
  "last_page_order": 190
}