How well he maintained his professional character in the new field of his practice is observed in the fact that, with but little of what is known as personal popularity, he was elected a judge of the Superior Court by the Legislature in its session of 1820, at the age of twenty-five. In this office he rode the circuits four years with admitted ability, candor and impartiality, evading no question and no duty; but he was sometimes thought to err from quickness of temper and too great readiness to assume responsibility. His courtesy to the profession won him general esteem. The people, though sometimes murmuring at the severity of a sentence or a supposed arbitrary or whimsical order, regarded with equal wonder the promptness and force with which he discussed questions of law with the veterans of the bar, and the intelligent, amusing and instructive conversation with which he habitually entertained his acquaintances and associates.
I mention a single case in his administration of the law as illustrative both of the firm and impartial hand with which he dealt out justice and the jealous care with which the judiciary of North Carolina has ever protected and maintained the rights of the weak against the strong and influential. A citizen of great fortune, and advanced age, who had represented his county in earlier years in both Houses of the Legislature, having also numerous and influential connections, charged a free-negro with larceny of his property, had him brought by warrant before a justice of the peace, prevailed on the justice to try and convict him of the offense charged, and to sentence him to punishment by stripes, which were inflicted--a proceeding allowable by law, provided the offender had been a slave. But here the culprit was a freeman, and by the Constitution entitled to public trial in open court before a jury of the country. The prosecutor, with the justice and constable, was arraigned before the Superior Court for this violation of law, and their guilt being established, Judge Badger, who happened to preside at this term, was strongly inclined to imprison the principal defendant, and was only deterred by reason of his (said defendant's) age and state of health; but, announcing that this was omitted from that cause only, sentenced him to a fine of twelve hundred dollars, the justice of the peace to fifty, and the constable to ten dollars, the differences being made on account of their several grades of intelligence and consequent criminality, as well as of ability to pay.