Part 34

The effect of this speech cannot be estimated. It aroused the people from their despondency; it animated them to new efforts; it went further, it infused into them the spirit with which the speech itself was instinct. From that day the Conservative-Democratic party dates its existence in this State as a regularly organized party; within a short time thereafter it gained possession of the Legislature and has held it to the present time.

The Convention of 1865 had directed that the Legislature should be convened. An election was accordingly held and the Legislature met in the winter of that year. Mr. Graham was unanimously elected for the county of Orange, but, being unpardoned he did not offer to take his seat. It was the universal desire of the people that he should represent the State in the Senate of the United States, when restored to its old relations. It was felt that North Carolina had no one more competent to vindicate her action or represent her interests. It was felt that she had no one who, by his balanced judgment, his temperance of feeling, his urbane bearing, would do more to mitigate the asperities which had been provoked by civil strife. He was elected by a large majority. Upon his election he repaired to Washington and presented his credentials. They were laid upon the table. He presented to the Senate a manly and respectful memorial; but he was never permitted to take his seat. The spectacle presented by the exclusion from public affairs of a man of his antecedents, while so many who had an active agency in bringing on civil strife had been promoted to high station, arrested attention everywhere. Many of the most eminent men in the Northern States used their best efforts for the removal of his disabilities, without effect. Political persecution, set on foot by parties in his own State, pursued him until it was placed beyond all human probability that he should ever enjoy the honors for which the State had destined him. When that had become a certainty, to wit, in 1873, his disabilities were removed. What reflections arise, as we recur to this passage of his life! Mr. Graham had clung to the Constitution until the rising tide of secession had flowed around and completely insulated his State; to this ancient ark of our fathers he again clung when after the war the waves of political enthusiasm inundated the country and the constitution. Yet he was left stranded, while many of those who had fanned the tempests of both found secure anchorage. But we look beyond to-day. The things seen are temporal in more senses than one. The impartial tribunal of posterity rises up before us. Then, when the actors of to-day are weighed in even scales; when the influence of passion and prejudice is unknown, then will the consistent devotion to principle, by which his conduct was always actuated, receive its due meed of admiration and applause.

In the year 1875--upon the 4th of February--he presided over a meeting held in Charlotte to take steps for the proper celebration of the centennial of the Mecklenburg Declaration of Independence. Some writers of ability had seized upon that event, and in that spirit of historical skepticism so rife in our days, had undertaken, out of a few minor discrepancies, to deny the genuineness of the Declaration, or that any meeting was held on the 20th of May. Mr. Graham had been often solicited to place that event upon its proper basis. He had heard it often talked of at his father's fire-side; he knew all the traditions connected with it; he had known and talked with many of the subscribers of that declaration; he was well acquainted with public opinion regarding it, in that section where the event occurred, down to the date of its publication in 1820. For a long time motives of delicacy, growing out of his connection with some of the principal actors, restrained him. But at that time, all the actors had passed away; they could no longer be heard; and a just regard for their fame urged his acquiescence. He embodied his vindication in the form of an address which he delivered on this occasion. No fair synopsis of that address is possible; it is a solid, compact argument which would be greatly impaired by any attempt at abridgment. Let it suffice to say that the evidence is arrayed in the spirit of the philosophical historian, and with the skill of a lawyer. It will not put to silence the mere caviller; no amount of evidence will, on this or any other subject; but the candid inquirer will rise from its perusal with the conviction that few events in history rest upon a firmer foundation than the Mecklenburg Declaration of Independence.

Mr. Graham left behind many literary essays, but none which were prompted by mere desire for literary distinction. His efforts of this kind were all the result of passing events; all the fruit of hours snatched from an absorbing profession. Yet if collected together they would form a considerable volume; and if we consider their contents they give a high idea of the intellect which could find its relaxation in such labors. The dominant feeling of his life was loyalty to the State and her institutions; hence the subjects usually selected by him were drawn from her history.

Among these was a lecture delivered at Greensboro, in 1860. The citizens of that section of country, of which Greensboro is the centre, contemplated the erection of a monument to commemorate the services of General Greene in the Revolutionary struggle. This lecture was delivered in aid of the enterprise, and embraced a life of Greene and a history of Revolutionary events in this State. A copy was solicited for publication, but from some cause it was never published. It remains in manuscript, full and entire, as if prepared for the press. Here may be mentioned two Memorial Addresses--the one upon the life and character of Hon. George E. Badger, and the other of Hon. Thomas Ruffin.

This record would be most imperfect did it fail to bring into the most prominent relief the services of Mr. Graham in his office of trustee of the University. He regarded the University as the best ornament of the State, and no one of all its sons nursed it with a more devoted or wiser care. He attended all its commencements, and was most active in watching over all its interests. No one labored with more zeal for its restoration to the control of the true sons of the State. For many years he was a member of the executive committee, and at the time of his death he was the chairman of that committee. It was to him, finally, that Governor Swain, in the last years of his successful administration, looked for direction and support in all its trials and embarrassments.

"It is not unusual for men of eminence," said Judge Story, "after having withdrawn from the bar to find it difficult, if not impracticable, to resume their former rank in business." Mr. Graham experienced no such difficulty. Though often called from his profession to public station, at the first court at which he appeared after his term of office expired, he was retained in all important causes, and business flowed in upon him thenceforth as if he had never been absent. In common with all the people of the South, his resources had been somewhat impaired by the war, and when civil government was restored he resumed the practice of his profession with more than his wonted ardor. He returned to all the courts of his former circuit, the business of which had greatly increased by the general settlement of all previous transactions which took place after the war. The business of the circuit and district courts--both of which he regularly attended--had been greatly enlarged by the new system of revenue laws and other changes introduced by the war, but, above all, by the bankrupt laws then recently enacted. These with appeals to the Supreme Court of the State, and appeals to the Supreme Court of the United States, increased his labors, protracted his absences from home, and left him few intervals for repose. It was felt by his friends that he was overtaxing his strength by these great exertions, but there was no abatement of his energies until about a year before his death. Symptoms then appeared which inspired deep apprehensions. It seemed but too certain that disease had fixed itself upon some of the great organs of life. He now gave up attendance upon courts, but still watched over the progress of his causes, and labored in the preparation of briefs--the causes themselves being argued by his son, Maj. Graham. He was preëminently a worker and he continued to work to the end. At length the symptoms became more distressing, and he repaired to Philadelphia to consult the eminent physicians of that city. The result confirmed the opinion before entertained that his malady was disease of the heart. Upon his return home he continued his labors in his office. It was only under physical exertion that his malady gave him trouble; when in repose he was capable of as great mental efforts as ever.

At this period of comparative inaction that fortunate destiny which presided over his life was constant to him still. The pain, which was incident to his malady, was only felt at intervals, and then was not severe. Apart from this, there was every possible compensation. Besides the department of professional labor still left to him, he had the boundless resources of literature, ancient and modern, which in the busiest periods of his life he had always cultivated and justly prized. Every day, moreover, brought to him in the visits of friends, or through the mails, in newspapers and letters, some new testimonial of esteem and regard, public or private. But above any and all of these, he could now enjoy without interruption those pleasures, in which, amidst his most brilliant successes, he ever found his chief happiness, the pleasures of home and its sweet endearments.

Mr. Graham had been nominated by acclamation by the people of Orange for the constitutional convention which sat in September, 1875, but the state of his health rendered it impossible for him to undergo the labors of the canvass. This was not needed on his own account, but his absence from the hustings was regretted on account of the convention cause. He published, however, a strong address to his constituents; which was widely circulated, and had an important influence on the result.

A meeting of the commissioners to determine the boundary between Virginia and Maryland had been arranged to take place at Saratoga Springs, in the State of New York, in the month of August, 1875. Thither Mr. Graham accordingly went, accompanied by Mrs. Graham and his youngest son. For many days he appeared to be in his usual health; but a great change was at hand. After an evening spent with his friends, whose society he enjoyed with more than his wonted zest, he retired a little beyond his accustomed hour. Soon after the symptoms of his disease recurred in aggravated form. Physicians were summoned who ministered promptly, but ineffectually. Meantime the news of his situation spread, and messages of inquiry and offers of personal services testified to the general and deep concern. But all that science and the most affectionate solicitude could suggest proved unavailing. He expired at 6 o'clock on the morning of Wednesday, the 11th of August, 1875.

It had long been believed, by those who knew him best, that Mr. Graham was at heart a Christian. It is with inexpressible gratification, I am able to add, that when approached on this subject during the last days of his life, he freely expressed his hope of salvation through our crucified Redeemer.

The intelligence of his death was transmitted by telegraph to every part of the country. All the great journals responded with leading articles expressive of the national bereavement. Numerous meetings were held--meetings of the bar, meetings of citizens, meetings of political opponents, for political enemies he had none--to give their estimate of the illustrious deceased, and to speak their sense of his loss. The States of Virginia and Maryland, with that high sense of delicacy which marks all their public acts, took care that the remains of one who had stood in such honored relations to each, should be conveyed with due honor across their bounds. At the borders of our State they were received by a committee appointed by the bar of Raleigh, by a committee appointed by the mayor and common council of that city, and by a committee from Hillsborough, and were conveyed by special train to Raleigh. There they were received by appointed committees--by the Raleigh Light Infantry, by the Raleigh Light Artillery (of both of which companies he was an honorary member), by the United States troops from Camp Russell, and accompanied by a great concourse of the citizens, conveyed to the capital. There the remains were deposited in the rotunda, which was draped in mourning for the occasion. Late in the afternoon of the same day they were conveyed with similar ceremonies to the central station. From thence, attended by the Raleigh companies, and by special guards of honor, appointed by cities and towns of the State, and by the family of the deceased, they were conveyed by special train to the station at Hillsborough. From thence they were escorted, with the addition of the whole population of the town, to his mansion, where they lay in state till the noon of Sunday, the 15th. At that hour they were conveyed to the Presbyterian Church, and, after appropriate funeral services, were interred with solemn ceremony, amid an immense concourse, gathered from many counties, in the graveyard of that church.

The place which will be awarded him in the rank of orators will not be the highest. Indeed at oratorical effects, purely as such, he never aimed. There is no doubt but that he might have employed the resources of oratory, other than the very highest, to a much greater extent than he did. All who have heard him in capital trials, and on other occasions when great interests were at stake, were persuaded that he possessed reserved resources of this kind to which he did not give play, and which he could have called into requisition at will. That he refrained was matter of deliberate judgment. He preferred to address himself to the understanding. He relied wholly upon argument, disdaining the adjuncts of mere rhetoric. He knew that the triumphs of reason are more durable than those which are the offspring of excited feeling. Reaction and change follow the latter; the former leave full, permanent conviction.

As a parliamentary speaker and as an advocate he stood in the first rank. His style was that which finds so much favor among eminent English statesmen, that style in which the results of thought and research are given with the warmth and ease of animated and unpremeditated conversation.

In addition to his high intellectual endowments, nature had to him been profuse in external gifts. In person he was the ideal of the patrician. His features, regular and classic in their outline, would have satisfied a sculptor. The habitual expression of his face was one of blended thought, refinement and quiet will. His form was noble and commanding; cast, indeed, in nature's finest mould. These advantages were set off by a dress always scrupulously neat, and sufficiently conformed to the prevailing mode to escape observation. The advantages, thus slightly touched upon, were singularly calculated to impress favorably the mind of any audience. If we add that he appeared before every audience with the prestige of a character, which calumny itself would own to be without a blemish, the causes of his uniform success are easy to discern.

He possessed in many respects the temperament of a great commander. As difficulties thickened around him his courage seemed to rise, and his resources to develop. No man ever fought a losing cause with more courage and constancy. When in important cases the tide of testimony unexpectedly turned and flowed dead against him there was nothing in his look or manner that betrayed the change. His attention would be redoubled, but in all else there was so much of calm composure that lookers-on, inattentive to the evidence, have left the court house under the impression that he would gain the cause. He preserved, under all circumstances in the trial of causes, the lofty tenor of his bearing. He was never betrayed into an altercation with witnesses. It may be that awe of his character, and a consciousness of his practiced sagacity and penetration constrained witnesses, when in his hands, to an unwonted utterance of the truth. This impression may have been assisted, and probably was, by the fairness and integrity observable in his whole bearing. But whatever the cause, it is certain he never resorted to boisterous tones or a browbeating manner. Equally removed was his manner from all the arts of cajolery. In his examination of the most refractory witness his mien was calm, his look observant and penetrating, his voice never or but slightly raised above its ordinary tone. In such a contest, the contest between acute, disciplined reason, and cunning or obstinate knavery, the victory was always on the side of the former.

In his moral constitution he was complete on every side. All his conduct in life was regulated not only by the highest sense of honor, but by the most scrupulous sense of duty. This supreme sense of duty in everything that he did, whether great or small, was his distinguishing characteristic. From his cradle to his grave not a shadow of a shade ever rested upon him. Esteeming a stainless character as the highest of all earthly possessions, he exercised the most scrupulous caution in his judgment of others. Few men were more often in the public arena. He took part in all the political canvasses of his time; in many of which partisan feeling was inflamed to the highest pitch. Yet he never assailed the motives of his opponent and never left any feeling of personal injury rankling in his bosom. He always contended for principle, and disdained to use any argument which reason would not sanction.

In debate he was a model of candor, and whoever might be his opponent he would always accept Mr. Graham's statement of his position. In all his intellectual conflicts, whether at the bar, on the hustings or in the Senate, under no provocation was he ever excited to an unseemly exhibition of temper. "Although," said a gentleman of high distinction, who knew him long and well (Hon. S. F. Phillips), "I have been present at the bar, and upon other public occasions when he must have been greatly tried, I have never seen his countenance degraded by an expression of passion. His look may at times have been stern and high, but at all times it could with advantage have been committed to marble or canvas."

It was the opinion of that eminent lawyer, Archibald Henderson, that public men should mingle much with the people--that there is to be found the true school of common sense. Either because he held the same opinion, but more probably from inclination, his intercourse with the people was constant and cordial. When in attendance on his courts it was his custom when the day was fine to repair, after the adjournment of court, to the portico of his hotel, or the lawn in front of it, and sit for an hour or two. This was often his custom after the evening meal, usually served in his circuit at hours primitively early. Here he became the centre of a group of citizens all of whom he received with courtesy. The talk on such occasions was free and general; and, whatever the topic, he listened to their views with attention, and in turn frankly gave his own. Thus his information in regard to all matters of general interest was minute and particular. It was thus, too, that he became informed as to the current opinion in regard to public men and public measures. This intimate knowledge of the people was one of the great sources of his strength; it rendered his judgment of the probable fate of State and national questions of great value. His judgment upon such matters, in the counties in which his circuit lay, was almost infallible.

In his social relations Mr. Graham was one of the most attractive of men. Few had so wide a circle of friends, or friends so attached. His manner to all men was urbane; to his friends cordial and sincere. There was, except to a very few, and at times even to them, a shade of reserve in his manners; but there was nothing of pride; nothing expressive of conscious superiority. There was great dignity, tempered by unfailing courtesy. Perhaps this tinge of reserve made his subsequent unbending the more agreeable. In his social hours, in the long winter evenings at court, with the circle gathered around the blazing hearth--it is as he was then seen that his friends love best to recall him. For many years there met together at one of his courts a number of gentlemen of high intellectual gifts and attainments. These were Hon. Robert Gilliam, Hon. Abram W. Venable, the present Judge of the Seventh Circuit, and others less known. With such men there was no need that any limitations should be imposed on the conversation. Except in the field of exact science they were very much at home in all. The conversation ranged wide, law, cases in court, history, biography, politics--largely interspersed with anecdotes--formed the topics.

The moral dignity of man never received a higher illustration than in the life before us. We admire the pure patriot in whose thoughts the State--her weal and her glory--was ever uppermost; the learned jurist who, from his ample stores informed, moulded the laws of his own commonwealth; the eloquent advocate who stood always ready to redress the wrong, whether of the individual or the community at large; the wise statesman who swayed the destinies of his State more than any of his generation. But we render the unfeigned homage of the heart to him, who by the majesty of his moral nature, passed pure and unsullied through the wide circle of trials and conflicts embraced in his life; and who, in his death, has left a fame that will be an incentive and a standard to the generous youth of North Carolina through all the ages that are to come.

* * * * *

The foregoing sketch is the main body of a memorial address on the "Life and Character of Governor Graham," delivered in Raleigh before the bench and bar of the Supreme Court, June 8, 1876.

Much of it has been omitted; for, while it was a labor of love (and there is much labor in it), it is too long for the scope of this work. If Mr. McGehee's power of condensation had been equal to his zeal and to his admiration and knowledge of Governor Graham's life and work this memorial would have been monumental.

As it stands now in its original form, or even as abridged in this book, in spite of some just criticisms which could be made against its style and method, it is an example of industry to those who seek to collect and preserve the facts which illustrate the lives of distinguished North Carolinians.

Who now, after the lapse of twenty years, could and would write this life? Who has done a similar service in respect to the lives of Mangum, Pearson, and others perhaps equally worthy?

Mr. McGehee's sketch is, however, rather a panegyric. No great man needs to be bolstered up with compliments, and praise cannot preserve mediocrity from oblivion.

Nothing better illustrates the defects of Southern education than the glittering generalities with which we would whitewash our distinguished dead--as if they needed it--or as if flattery could "soothe the dull, cold ear of death." We must show, rather than say, our great men are great, and for this purpose works are more effectual than words. By their fruits ye shall know them.

BARTHOLOMEW FIGURES MOORE.

BY ED. GRAHAM HAYWOOD.