Part 29

In 1856 he was again nominated for the second term, his opponent this time being Hon. John A. Gilmer, of Guilford county. Mr. Gilmer had a high reputation both as lawyer and politician. He was looked upon as the strongest man of his party, but Governor Bragg made it at once manifest that he was his equal in this admirably conducted campaign. Being desirous at their first joint discussion to have their positions clearly and correctly put before the people of the State, Governor Bragg carefully prepared a full account of their first meeting, which took place at Murphy, in Cherokee county, and sent it to a friend to be published in the Raleigh _Standard_. It was known only to his friend and the editor, and so impartially was it done that no one suspected its authorship.

In this campaign with Mr. Gilmer, Governor Bragg, though he confined himself to the record, was quite severe on the course of Mr. Rayner, who had espoused the "Know-Nothing" cause. The published accounts of these references so irritated Mr. Rayner that for a long time bitterness existed, and their intercourse became entirely estranged. During the State Fair of 1858, Mr. Rayner met an intimate friend of the Governor at the corner of Fayetteville street, where stood the old North Carolina Book Store, and said to him: "I have a high regard for Bragg; our estrangement is not well founded, and I desire to renew our former relations." This was told the Governor a few moments afterwards in the executive office, who simply bowed his head, making no reply. That day, seeing Mr. Rayner on the fair grounds, he went straight to him and offered his hand. These men were good friends afterwards.

Governor Bragg defeated Mr. Gilmer by a majority of twelve thousand six hundred and twenty-eight votes, and was the second time inaugurated Governor of North Carolina on the first day of January, 1857.

In his judicial appointments he exercised sound judgment. He was impressed with the belief that young men of promise and of good and studious habits would make the best judges, as they would subject themselves to greater application. Under this view he appointed Jesse G. Shepherd, of Cumberland, and Samuel J. Person, of New Hanover, Judges of the Superior Courts, and they adorned the bench and were among our most efficient judges. In this connection, in 1855, he conferred the appointment of Attorney-General upon Hon. Joseph B. Batchelor, then a young man, and now one of the leading lawyers of the State.

In the fall of 1856, and about the time of the State Fair, the Governors of the Southern States were called to meet in Raleigh to consider such action as might become necessary in the event of Frémont's election to the Presidency of the United States in November following. Governor Wise, of Virginia, Governor Adams, of South Carolina, and Governor Bragg, of North Carolina, were the only Governors present. An informal meeting was held in the parlors at the executive mansion. Among others present were General L. O'B. Branch, Governor Holden, Wesley Jones, A. M. Lewis, M. A. Bledsoe, Joseph A. Engelhard, and Pulaski Cowper. The _Raleigh Register_, then edited by Major Seaton Gales, a vigorous and ready writer, charged that this meeting of Governors was a step to break up the Union, and was quite severe in its criticisms. Governor Wise was warm and determined in his views, and favored immediate resistance, by fighting in the Union, in the event of Frémont's election, and that his election should be accepted as the overt act. Governor Bragg's position was quite conservative, his views being calmly stated. His sound reason, prudence, and wise counsel produced a deep impression, and was the subject of much favorable comment the next day. Owing to the small number of Governors present, nothing definite was outlined, but this may be characterized as the first secession meeting ever held in the South.

In the Legislature of 1858 Governor Bragg was elected United States Senator. He took a high stand in the Senate, and made a noted speech on the bill providing for the Florida Claims. He also took an active part in the discussion of other important measures of that time.

When the war had commenced, and the State had seceded, he resigned his seat in the Senate and returned to Raleigh. Upon the death of Governor Ellis, which occurred in June, 1861, Hon. Henry T. Clark, of Edgecombe county, by virtue of his office as Speaker of the Senate, became Governor. Governor Clark, under the law giving him power to appoint three persons to act as his military council, appointed Governor Bragg, Colonel Spier Whitaker, and General D. M. Barringer to compose this board. Governor Bragg held this position for only a short time, when he resigned.

Though not openly opposed to the war, and sensible of the just grounds that the South had to resist the unconstitutional encroachments of the North, yet he did not believe the South could establish her independence. He thought the preponderance of the North's population, together with wealth and resources, easy access to aid from the outside world, advantage of retaining the government and its possession of the entire navy, were too great odds against us. He saw that the spirit of our people was too high, their determination of resistance too united to take kindly any suggestions of doubt or difficulty. He therefore kept his opinions within his own breast. He said to a friend on his front porch, in July, 1861: "Our people are excited, and do not consider, I fear, the strength of the enemy; they look upon it as an easy job, and they believe the war will soon be over; but, in my opinion, it will be of long duration, and hotly contested on both sides. When our ports are blockaded and the gunboats come up our rivers, as will be the case, and our people encounter the hardships that will follow, I fear their spirits will weaken and dissension will come. I do not think we will succeed; but I will say this only to you." Continuing, he said: "I shall do all in my power to secure our success. I will stand by the old State, and if the worst shall ultimately come, as I very much fear, I will go down with her, and when all is over I will do what I can to save what is left of her."

After the removal of the Confederate Government to Richmond, Va., Mr. Davis, in 1863, tendered to him the position of Attorney-General of the Confederate States, which he accepted. He held this high office but a few months, when he resigned. Some speculation obtained as to the cause of his early retirement. Suffice it to say, that his reasons for doing so were cogent and well-founded, as all of his conclusions were. They were of a private nature, and need not be related in this sketch.

Upon his acceptance of the place of Attorney-General he rented out his residence in Raleigh and removed his family to Petersburg, Va. In the spring of 1864 he returned with his family to Raleigh, where he was residing when the war ended.

The conclusion of the war found him, like a large number of the people of the South, wasted in substance, without means or prospects, and bereft of all save a shelter from the winds and the cold. He was reluctant to return to the practice of the law, and had determined not to again resume it. He had been out of the practice from 1855 to 1865, and had entirely neglected its study during that time. He said he was rusty, and had about forgotten all the law he ever knew, and nothing but a dependent family could induce him to take it up again. He did resume it, and gave to it his former labor and endurance, and the eminence and success he attained is well known to the bar and people of the State.

Beyond doubt the greatest forensic effort of Governor Bragg's life was his speech in the Johnston will case tried before Judge A. S. Merrimon, at Edenton, in February, 1867. Probably so large and able an array of counsel was never before engaged in any suit in North Carolina. The late Mr. James C. Johnston, the wealthiest man in the State, had devised his estate to the late Mr. Edward Wood and his (Mr. Johnston's) three overseers, neither of whom were related to him. The next of kin sought to break the will, alleging mental disqualification. The case occupied twenty-three days in the trial, and the best legal talent in the State was engaged in it. The attorneys representing the will were B. F. Moore, W. N. H. Smith, R. R. Heath, H. A. Gilliam, P. H. Winston, Edward Conigland, John Pool, and T. H. Gilliam; those representing the contestants were Bragg, Graham, Vance, Augustus Moore, William Eaton, James W. Hinton, of Norfolk, Va., and William F. Martin. Governor Bragg was the leader on his side, and Mr. Moore was the leader on the opposite side. Dr. Hammond, of New York, the distinguished specialist, was introduced as a witness, and presented as an expert to show the want of mental capacity of the testator. His examination, by the counsel of both sides, was most searching, and it is said that his cross-examination by Mr. B. F. Moore was as fine, if not the finest, professional work of the kind ever done in the State. Judge Merrimon presided with great ability, patience and impartiality, and well sustained the high reputation he had for being one of our ablest Superior Court Judges; Governor Bragg spoke seven hours, making the greatest speech of his life before a jury. Chief Justice Merrimon, referring to this speech, said: "Upon an issue of fact it was the strongest speech I ever heard." Judge Gilliam said: "Governor Bragg was at his greatest (he was a very great man), and by his ability and his preëminent tact in the management of his side of the case for a long time put in peril the integrity of a will which should never have been questioned." The will was established. An appeal was taken to the Supreme Court, but the decision of the court below was affirmed.

The _habeas corpus_ cases in 1870 are well remembered. The history of those times and the incidents arising have not been forgotten by the people of the State. That the great writ of _habeas corpus_, issuing from a properly constituted authority, should have been entirely disregarded, was a blow at the rights of the individual and a significant stride towards executive usurpation and the overthrow of the rule of law. That there should be no presumption of innocence until the contrary was shown, and that the surest and quickest avenue of establishing innocence of crime should have been obstructed by a usurped military despotism, betokened that the liberty of the citizen was fast vanishing, and he was soon to become helpless indeed. Governor Bragg was among the foremost in vindicating the law and in maintaining and preserving its supremacy. He made a strong appeal for the defense of right and justice, and protested, in burning eloquence, against the least infringement of the citizen's security, so watchfully guarded by the Constitution. His memorable words are engraven in the hearts of the people.

While Governor Bragg was making his forcible appeal for constitutional law and liberty, the late venerable Judge Battle was listening with marked interest and attention. As the speaker extolled the past lustre of North Carolina for the maintenance of law and liberty, and contrasted her former power and renown with the impending destruction of her people's highest privilege and greatest boon--their mighty writ of right and safety--the brightest jewel that ever decked the vesture of the English law--heeded for centuries, and ever granted when fitly craved--this eminent and pure judge, thoughtful of his State's honor, could not restrain his emotion, and tears trickled down his whitened cheeks. When the speech was concluded Judge Battle said that it was the most eloquent and powerful argument he had ever heard in that court room. This was a compliment indeed; because, with honorable distinction, for many years, he had sat upon the bench of that high Court, and had heard the arguments of the State's brightest legal luminaries, whose broad intellectualism was the wonder and the admiration of the time, and whose lives and reputations have done so much to mould and to make the Court's past and present history.

The last great effort of Governor Bragg was in the Holden impeachment trial, the history of which is fresh in recollection. He appeared for the State, and pressed with fervor the impeachment. He made a long, close, and exhaustive argument, was listened to with the deepest and most marked attention, and his speech was considered by many among the best of his life. When he concluded Mr. Conigland, one of Governor Holden's counsel, walked over to where he sat, and, taking his hand, said: "Governor, you have made a grand speech, but it does not equal your Johnston will speech." Mr. Paul C. Cameron, who was his schoolmate and drillmaster at Captain Partridge's military school, a man ripe in years, and yet riper in intellect, judgment, and learning, said that he had observed Governor Bragg from his early manhood to his death, and he had never known any one who had better sustained himself before the people in every capacity; and that though he was confronted in this trial by the strongest lawyers in the State, whose reputations were without limit, he considered that his speech was the most complete and exhaustive of any delivered on that occasion. General Thomas L. Clingman, a statesman of the old school, pronounced this speech as "overwhelming and unanswerable."

Governor Bragg was a well-fledged and thorough lawyer, and he made himself so by constant application and close study. He was a man of vigorous intellect and strong common sense. He was one among the few lawyers who studied thoroughly his adversary's case and anticipated the points he would most likely present, and was generally ready to meet and combat them. In conducting the examination of a witness he exhibited great tact and skill. This faculty of cross-examination, so effective in conducting suits, was a potent element in his practice, and gave him no little advantage in the trial of cases.

He was an open and frank practitioner, never taking a "nigh cut," but was just and magnanimous, and was possessed of the confidence and esteem of the profession throughout the State. He was as well-rounded a lawyer as the State ever had.

Just thirteen months prior to his death he associated with him Judge George V. Strong, a leading lawyer of the Goldsboro bar. This was an able combination, and promised the utmost success, for during the term of their connection their practice amounted to over nineteen thousand dollars.

Probably no two men were more generally pitted against each other in the courts which they attended than Governor Bragg and the late Chief Justice Smith. Their style of speaking was different. Governor Bragg's was simple, strong, and engaging; Judge Smith's was easy, forceful and very fluent. Their temperaments were also diverse. If an important case went adversely to Governor Bragg he dismissed it from his mind, and was not depressed about it; but Judge Smith was for the time keenly sensitive, and took to heart the loss of his case. Their intercourse, however, notwithstanding these frequent conflicts, was genial and their friendship true; but Judge Smith accepted it not graciously that Governor Bragg should have come down into his district and taken part against him in his campaign for Congress against Doctor Shaw. In a previous campaign with Colonel Outlaw, Doctor Shaw did not feel that Governor Bragg, who then resided in the district, had taken a sufficiently active part in his behalf, and being now hard pressed by Judge Smith, and the party needing all help at hand, Governor Bragg yielded to the general request and made several speeches in the district. But this spasmodic feeling soon vanished, this circumstance was forgotten, and these men left behind them lives alike well spent and distinguished and memories equally honored and revered.

When the Holden impeachment trial took place Governor Bragg had begun to fail, but not very perceptibly. The severe struggle, mental and physical, which he underwent during that trial hastened his end. He began soon after its conclusion rapidly to decline, and it was visible to all that his "last of earth" was fast approaching. It was painful to see the pallor of his countenance increase day by day, but he did not give up and it may be said that he worked in the harness up to his death.

On Friday, the 19th of January, 1872, he took his bed, never again to arise from it. He knew he was going to die, but he was calm and composed, exhibiting not the slightest fear of death. He said: "For the benefit of my family I would like to live ten years longer, but apart from that the matter of death gives me no concern."

His will was in his own handwriting, and in these words: "I give and bequeath to my wife, Isabella M. Bragg, all my real and personal estate of every description whatsoever. She knows my wishes, and I know she will carry them out." He was kept alive for a day or two with whiskey and gruel, and when this was given to him he would ask, "How much whiskey, and how much gruel?" Being told, he said, "You see the whiskey predominates. This is done to keep me alive for a little while, when I know I cannot live. I do not want it done. There is no use in keeping me alive in this way and giving you all the trouble of waiting on me. I protest against it."

On the evening before he died the door-bell rang. He saw his friend Mr. Cowper go to the door, and on his return he asked who it was, and being told that it was Governor Graham, said: "I have a high regard for him, and I regret very much that he was not asked in. I want you to go down to his room and tell him I am very sorry he was not brought in to see me, and that I should be pleased to see him." Governor Graham was much impressed and deeply moved when the message was delivered to him.

On Saturday evening he called his family to his bedside, and in beautiful language of wisdom gave them counsel and advice. In the midst of sorrow which such a solemn occasion would naturally bring, his eye was not moistened, his voice did not falter, and as calmly as if he were going on a short journey, he imparted to them words of advice "like apples of gold in pictures of silver." "My children," said he, "I wish to impress one thing upon you: always stand together, comfort and assist each other, consider that no necessity can arise by which you could feel justified in raising a hand or uttering a word one against the other."

Shortly before his death he uttered these words: "I have no doubt that I have my sins and transgressions to account for. All men must so account. I have endeavored to lead an exemplary life. I have never seen the time that I felt I could be induced, through fear, favor, affection, reward, or the hope of reward, to do otherwise than my conscience would dictate to me as right and proper. The future has always been to me, and is now, a deep, dark mystery."

A little while before day on Sunday morning, while resting quietly, but not sleeping, he heard the sound of wood being put on the fire in the adjoining room, and remarked: "It must be near day; I hear them making a fire in the next room." A few minutes after this he straightened himself in bed, placed his head on a line with his body, folded his arms across his breast, and in a little while was dead. It was on Sunday morning, January 21, 1872, about the hour of five o'clock, that he thus peacefully passed away in the sixty-second year of his age. He left a wife and seven children--three sons and four daughters. The wife and two sons have since "passed over the river" and entered the vale of the future and into the "deep, dark mystery."

He was buried the next day in Oakwood Cemetery, near the city of Raleigh. Both Houses of the Legislature and the Superior Court of Wake, then in session, adjourned for the day, and all the business houses of the city closed their doors to show their respect for his character and worth. On the following day a large meeting was held in the Supreme Court-room to do further honor to the life and services of the distinguished dead.

He was a man of kind heart, tender sympathies and noble impulses; a devoted husband and an indulgent father; and though he was not demonstrative, yet his friendship was valuable, because it was consistent and true. He was as true a man as ever trod the soil of his native land.

The younger members of the bar will recall with pleasure his courteous bearing to them, the delight it seemed to give him to render them assistance, and the painstaking aid he would bestow when his legal advice was solicited. The older members will long remember his quiet and dignified demeanor, his social intercourse, his manliness of character and his integrity, merit and worth.

He possessed those qualities which adorn and elevate society and exalt and ennoble human character. He has left a high and noble name, a reputation unspotted and untarnished--a priceless legacy to his posterity, and an enduring heritage to his State and country. It will not be dimmed as time proceeds.

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The account of the discussion at Murphy, Cherokee county, previously referred to, is reproduced, and appended hereto, as interesting matter, showing the impartiality with which it was done, and calling to mind some of the issues of former and better days. This was Mr. Gilmer's first appointment, and Governor Bragg, seeing it announced in the _Raleigh Register_, went there to meet him. Desiring to put him on record, and have the East apprised of his position, he wrote the account of the discussion as given in the _Standard_ of May, 1856, and sent it to the writer to deliver to Mr. Holden, with request that no intimation be given as to the writer of the article. No mention of this was made until after Governor Bragg's death, and upon the publication of this sketch.

The Bragg and Dockery campaign closed on the day of election at Murphy in August, 1854, and the Bragg and Gilmer campaign opened there in May, 1856.

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ACCOUNT OF A POLITICAL DISCUSSION. (From the _North Carolina Standard_ of May, 1856).

MURPHY, CHEROKEE CO., May 9, 1856.

_Editors of the North Carolina Standard._

_Gentlemen:_--The discussion between the gubernatorial candidates opened here yesterday, and I propose to give you the points made and the substance of what was said on that occasion. There were probably two hundred persons present, and there would have been more had it been generally known that both candidates would be present. Until Governor Bragg arrived it was doubted whether he would attend, as the _Standard_ announcing his intention to do so did not reach us until the day of his arrival.

Mr. Gilmer opened the discussion by informing the people that his name was John A. Gilmer--that he was a candidate for the office of Governor, and had come among them for the purpose of presenting his claims for their suffrages. He said he had found the country beautiful and romantic far beyond his expectations--never having before been on this side the mountains--and that when he was in the Legislature he voted for the measures introduced for their relief and for the improvement of their section.

He said that a short time ago he had no intention of becoming a candidate--that he had not now, nor ever had, any political ambition, but that he had listened to the importunities of friends, and had yielded rather to feeling than to his better judgment.