These ties of blood, vicinity, institutions and interests, the

desire to avoid internecine strife among our own people (which must

have been immediately precipitated by a zealous minority, with

the local government, legislative and executive, in their hands)

impelled Mr. Badger, and those who acted with him, to decline to

take up arms against their own section in favor of the distant

authority of the national government, and as a consequence to unite

with those whose action they had deprecated and endeavored to

prevent, and with whom they had had little sympathy or cooperation

in the politics of the past. The support of the undertaking, if

concurred in by all the slaveholding States, which was confidently

represented to be certain, appeared to afford hope of a safer and

better future than its suppression by force. The determination of

the question, as I know, occasioned him pain and embarrassment,

but when made it was firmly maintained. He accepted a seat in the

Convention which passed the ordinance declaring the separation of

the State from the Federal Union, and gave to this ordinance his

sanction; not, however, without a distinct declaration of his

disbelief in the doctrine of secession as a constitutional right.

He also sustained measures for the prosecution of a vigorous war,

as, in his conception, the surest and shortest way to peace, but

was ever vigilant of the dignity and just rights of the State, the

encroachments of the military authority, the jurisdiction of the

civil tribunals and the protection and liberty of the citizens. He

sought no patronage or favor for himself or his family. His sons

served in the ranks of the army and bore their part in the perils

and adventures of war.

While it yet raged, he was stricken by the hand of disease, which

partially obscured his faculties and withdrew him from public view.

He survived, however, until after the return of peace, and in the

twilight of mind, with which he was yet favored, rejoiced in the

deliverance of the country from the calamities of war, and very

sincerely acquiesced in a return to his allegiance to the Government

of the United States.

These observations on the professional and public life of the

subject of our sketch have been so prolonged that the occasion will

permit but a few further remarks upon his general attainments,

his intellectual and moral character and usefulness as a citizen.

It was the remark of Lord Bacon that "Reading makes a full man,

conference a ready man, and writing an exact man." Mr. Badger's

reading was confined, with the exception of the dead languages,

which he had acquired in his youthful studies, to the literature

of our own language. With the most approved authors in this he

had a familiar acquaintance, and, as already remarked, excelled

in the accomplishments of a critic. The field of learning, which

next to jurisprudence he most affected, and perhaps even preferred

to that, was moral science. Upon the sublime truths of this

science, in the conversations with his friends, his remarks and

illustrations were often not unworthy of Alexander or Wayland,

Butler or Whately. "In it," says one of the most intimate of his

friends and contemporaries, "the rapidity of his perception and

accuracy of his deductions were marvelous. Place before his mind

any proposition of moral science, and instantly he carried it out,

either to exact truth, most beautifully enunciated, or reduced it to

an absurdity." To his acquisitions in the kindred topic of didactic

divinity, or theology as a science, only a professional theologian

can do justice. An earnest member of the Protestant Episcopal

Church, though but a layman, he ventured on more than one occasion

to discuss matters of discipline and doctrine in the character of a

pamphleteer, in opposition to clergymen of note, and in a memorable

instance with the head of the diocese himself with such signal

success that, although the Bishop ultimately united himself with the

Romish Church, whither Mr. Badger charged that he was tending, not

another member of his denomination left its communion.

He was averse to the labor of writing, and beyond an address before

the Literary Societies of the University, the reports, by his own

hand, of some of his speeches in Congress, and other pamphlets on

subjects political or religious, has left few written performances.

But he had the accuracy in thought and speech of a practiced writer.

In conversation he realized in the fullest sense Bacon's idea of

readiness, and shone with a lustre rarely equaled. The activity

and playfulness of his thoughts and the gayety of his disposition

inclined him to paradox and repartee to such a degree that his

conversation was oftentimes but amusing levity. But in a moment

it rose to the profoundest reflection and most fascinating

eloquence. His knowledge was ever at instantaneous command, as it

was far more the result of his own meditations than of acquisition

from others, and fancy lent her aid in giving a grandeur to his

conceptions on all the subjects of his grave discourse. After

all the public displays in which he enchained the attention of

judges, jurors, senators, and promiscuous assemblies with equal

admiration and delight, it is a matter for doubt, among those who

knew him well, whether his brightest thoughts and most felicitous

utterances, the versatility of his genius, and the vast range of

his contemplations were not oftener witnessed in his boon and

social hours, in the converse of friends, around his own hospitable

board, or at the village inn, or on a public highway--all without

pedantry or apparent effort, "as if he stooped to touch the loftiest

thought"--than in these elaborate and studied exhibitions. He

affected no mystery, and wore no mask, and stood ready in familiar

colloquy to make good, by new and apt illustrations, any sentiment

advanced in formal argument, or to abandon it as untenable if

satisfied of error.

His reverence for truth, to which allusion has been already made in

the course of these observations, was even above his intellectual

powers, his most striking characteristic. He was accustomed to speak

of it "as the most distinguished attribute of God himself, and the

love of it as giving to one moral being an eminence above another."

To its discovery he delighted to apply the powers of his remarkable

intellect, to its influence he was ready to surrender his most

cherished convictions whenever found to be erroneous.

The fruits of this were seen in the crowning virtues of his

character: he was a Christian of humble and intelligent piety

without intolerance toward others, a lawyer without chicanery or

artifice, a statesman without being a factionist, a party man above

the low arts of the demagogue, a gentleman and citizen enlightened,

social, charitable, liberal, impressing his character upon the

manners and morals of his times, ready to render aid in every good

and noble work, and prompt to resist and repel any evil influence,

no matter by what array of numbers, power or vitiated public opinion

supported. I have known no man to whose moral courage may be more

fitly applied the ideal of the Latin poet, as rendered in free

translation:

"The man whose mind on virtue bent,

Pursues some greatly good intent

With undiverted aim,

Serene beholds the angry crowd,

Nor can their clamors fierce and loud

His stubborn honor tame.

Not the proud tyrant's fiercest threat,

Nor storms, that from their dark retreat

The rolling surges wake;

Not Jove's dread bolt that shakes the pole,

The firmer purpose of his soul

With all its power can shake."

In the latter years of his life, actuated by a desire to be useful

in his day and generation, wherever opportunity and his ability

might allow, he accepted the office of justice of the peace, an

office which, to the honor of those who have filled it in North

Carolina from the first organization of civil government until

now, has ever been performed without pecuniary reward, and took

considerable interest in administering justice in the County Courts

of Wake, giving to this inferior tribunal the dignity and value of a

Superior Court, to the great satisfaction of the bar and the public.

He was thrice married; first, as before mentioned, to the daughter

of Governor Turner; second, to the daughter of Colonel William Polk,

and third, to Mrs. Delia Williams, daughter of Sherwood Haywood,

Esq., in each instance forming an alliance with an old family of

the State, distinguished by public service and great personal worth

from an early period. The last named lady, the worthy companion of

his life for thirty years, who survives him as his widow, receives

in her bereavement the condolence and sympathy, not merely of

this community and State, but that of those in distant lands and

in other States of the Union whom, not the lapse of years nor the

excitement of intervening events, nor the fiery gulf of civil war

shall separate from a friendship accorded to her and her departed

husband, as representatives of the personal character, the society

and domestic virtues of their native State in better days of the

republic. By the two latter marriages he left numerous descendants.

While taking his accustomed walk at an early hour in the morning

of January 5, 1863, he was prostrated by a paralytic stroke, near

the mineral spring in the environs of the city of Raleigh, and

although retaining his self-possession and ability to converse until

assistance was kindly furnished, on the way home his mind wandered,

and before reaching his residence his faculty of continuous speech

deserted him, never again to return. His mental powers after a brief

interval rallied, insomuch that he took pleasure in reading and in

listening to the conversations of friends, whose visits afforded him

much satisfaction; and, with assistance, he could walk for exercise

in the open air; but was never afterwards able to command language,

except for brief sentences, failing often in these to convey his

full meaning. In this condition he lingered until the 11th of May,

1866, when, after a few days' illness from renewed attacks of the

same nature, he expired, having recently completed his seventy-first

year.

My task is done. I have endeavored but "to hold the mirror up to

nature." If the image reflected appears, in any of its features,

magnified, it was not so intended. Yet the memory of a friendship,

dating back to kind offices and notice in my student-life, extending

through all my active manhood, may not have been without its

influence in giving color to the picture. But the character in

our contemplation was of no ordinary proportions. At the bar of

the State he wore the mantle of Gaston and Archibald Henderson

for a much longer period than either, worthily and well, with no

diminution of its honors. In the highest court of the Union he was

the acknowledged compeer of Webster, Crittenden, Ewing, Johnson,

Berrien, Walker and Cushing. That he did not sit in the highest seat

of justice in the State and nation, as proposed successively by the

Executive of each, is imputable to no deficiency or unworthiness for

the station, his adversaries being judges. In the Senate, when Clay,

Webster, and Calhoun still remained there, not to name others of

scarcely inferior repute, he was among the foremost, upholding the

rights of his own State and section with manliness and ability, but

with candor, moderation, and true wisdom, which sought to harmonize

conflicting elements and avert the calamities of civil strife. In

morals he was inflexible, without stain or suspicion of vice; in

manners and social intercourse, genial, frank, hospitable, with

colloquial powers to instruct, amuse, and fascinate alike, and "with

a heart open as day to melting charity." The fame of such a man is

a source of natural and just pride to the people of the State. This

sentiment is that which the poet describes in the Englishman, when

he sings

"It is enough to satisfy the ambition of a private man,

That Chatham's language was his mother tongue,

And Wolfe's great name compatriot with his own."

How much he will be missed as a member of the community, as the

friend of order and law, religion and morality, as a professional

man, counsellor, and advocate of unrivalled ability and reputation,

as an intellectual and cultivated man, with armor bright and

powers ever at his command, presenting a model for the emulation

of our ingenuous youth, as a public character, as adviser and true

friend, but no flatterer of the people, and an unflinching supporter

of their rights, wherever truth and duty might lead, time and

experience may demonstrate. There is no public aspect, however, in

which his loss is so much to be deplored as in the relation he bore

to the past, and his probable efficiency in solving the problem

of the day. Who so capable of interpreting the Constitution which

forms our government, and the alleged laws of war by which it is

claimed to be suspended or superseded, as that gifted mind and

sincere nature, so trusted on these topics in former years, and

so thoroughly imbued with the spirit and teachings of Marshall?

Who so deserving to be heard on the best means of pacification and

reestablishment of order and right among thirty-five millions of

freemen as he who, by his temperance, calmness, and intelligent

constitutional opinions, in the commencement of our national

difficulties, incurred the censure of many in our own section of

country, without receiving the approbation of their adversaries? Who

so fitted for the exposure and correction of error, of allaying the

ignoble passions of hatred and revenge, and rekindling the national

affections inspired by a common and honorable history? Who so

skillful to remove the scales from the eyes that will not see, and

who so wise and brave to rebuke the age of faction, threatening to

realize the assertion of Mr. Fox, in his history of James II., that

"the most dangerous of all revolutions is a restoration?"

To that good Being, in whose hands are the destinies of nations and

individuals, by whose divine agency crooked paths are often made

straight and issue granted out of all troubles, in ways not visible

to human eyes, let us unite in commending every interest of our

beloved country.

* * * * *

The foregoing sketch, in the form of an address on the life and

character of George E. Badger, was delivered in Raleigh, July 19,

1866, at the request of the Wake county bar. Though much of it is

not strictly biographical, it is interesting on account of its

distinguished author, as well as for giving us a view of the times

and events discussed.

The address delivered by Mr. Badger at the State University in June,

1833, before the two Literary Societies, is said, by those who heard

him on other occasions, not to afford a fair illustration of his

great powers as a speaker. He was in fact never a florid orator,

powerful to move the passions above reason, but his mind was so

clear, his manner so unhesitating, his knowledge so great, his flow

of language so easy, his memory so accurate, and his presence so

commanding that he was bound to make a powerful impression whenever

he spoke to men in public or in private.

He was not greatest as a statesman--he had his run in the technical

learning of the law too long--statesmen must be early and specially

trained and educated in the business of statecraft.

He was too reserved, austere at times, and perhaps sensitive, ever

to win the affections of men in the same proportion that his great

talents commanded their respect and admiration.

His short tribute to Judge Gaston, hereto subjoined, is valuable for

the purpose for which it was uttered, and as a fair sample of his

style, showing his choice of words, in easy command, when occasion

called them forth. Judge Gaston died in January, 1844, and, at the

meeting held in honor of his memory, Mr. Badger said: "This meeting

of the members of the bar of the Supreme Court has learned with

profound grief the melancholy and totally unexpected bereavement

which the Court and the country have sustained in the death of

the Hon. William Gaston. Struck down suddenly by the hand of God,

in the midst of his judicial labors, dying as he had lived in the

enlightened and devoted service of his country, endued by learning

and adorned by eloquence with their choicest gifts, enobled by that

pure integrity and firm and undeviating pursuit of right which only

an ardent and animating religious faith can bestow and adequately

sustain, and endeared to the hearts of all that knew him by those

virtues which diffuse over the social circle all that is cheerful,

refined, and benevolent, he has left behind him a rare and happy

memory, dear alike to his brethren, his friends, and his country."

Governor Graham undertakes to set forth Mr. Badger's reasons for

finally favoring the secession of North Carolina from the Union, but

the reader will see from the subjoined resolutions that it is best

to allow Mr. Badger to speak for himself. He and the people of North

Carolina then assumed as axiomatic that Lincoln's call for troops

to invade the South was utterly without warrant of law. Strong as

was the language of the resolutions, it was not strong enough to

express the indignation of the people at Lincoln's usurping the

authority to begin the war on his sole responsibility. Not mainly

because the institution of slavery was threatened, nor yet because

we were wedged between seceding States, but because the people, as

one man, believed that the most vital powers of a government of

three departments had been violently seized by the Executive, that

the seizure was supported by a conspiracy of States, and that the

Constitution and the Union of the fathers were already outraged and

dismembered.

The resolutions above alluded to, and a part of the speech delivered

in the United States Senate, March 19, 1850, instructive in

themselves, are given also as specimens of Mr. Badger's style.

ORDINANCE OF SECESSION.

PROPOSED BY GEO. E. BADGER.

"Whereas, Abraham Lincoln, of Illinois, and Hannibal Hamlin, of

Maine, were chosen President and Vice-President of the United

States by a party in fact and avowedly entirely sectional in

its organization, and hostile in its declared principles to the

institutions of the Southern States of the Union, and thereupon

certain Southern States did separate themselves from the Union, and

form another and independent government, under the name of 'The

Confederate States of America'; and

"Whereas, the people of North Carolina, though justly aggrieved by

the evident tendency of this election and of these principles, did,

nevertheless, abstain from adopting any such measures of separation,

and, on the contrary, influenced by an ardent attachment to the

Union and Constitution, which their fathers had transmitted to them,

did remain in the said Union, loyally discharging all their duties

under the Constitution, in the hope that what was threatening in

public affairs might yield to the united efforts of patriotic men

from every part of the nation, and by their efforts such guarantees

for the security of our rights might be obtained as should restore

confidence, renew alienated ties, and finally reunite all the

States in a common bond of fraternal union; meantime, cheerfully

and faithfully exerting whatever influence they possessed for the

accomplishment of this most desirable end; and

"Whereas, things being in this condition, and the people of this

State indulging this hope, the said Abraham Lincoln, President

of the United States did, on the fifteenth day of April, by

his proclamation, call upon the States of the Union to furnish

large bodies of troops to enable him, under the false pretense

of executing the laws, to march an army into the seceded States

with a view to their subjugation, under an arbitrary and military

authority, there being no law of Congress authorizing such calling

out of troops, and no constitutional right to use them, if called

out, for the purpose intended by him; and

"Whereas, this call for troops has been answered throughout the

Northern, Northwestern, and Middle non-slaveholding States with

enthusiastic readiness, and it is evident, from the tone of the

entire press of those States and the open avowal of their public

men, that it is the fixed purpose of the governments and people of

those States to wage a cruel war against the seceded States, to

destroy utterly the fairest portion of this continent, and reduce

its inhabitants to absolute subjection and abject slavery; and

"Whereas, in aid of these detestable plans and wicked measures, the

said Lincoln, without any shadow of rightful authority, and in plain

violation of the Constitution of the United States, has, by other

proclamations, declared the ports of North Carolina, as well as all

the other Atlantic and Gulf States under blockade, thus seeking to

cut off our trade with all parts of the world; and

"Whereas, since his accession to power, the whole conduct of said

Lincoln has been marked by a succession of false, disingenuous and

treacherous acts and declarations, proving incontestably that he

is, at least in his dealings with Southern States and Southern men,

devoid of faith and honor; and

"Whereas, he is now governing by military rule alone, enlarging by

new enlistments of men both the military and naval force, without

any authority of law, having set aside all constitutional and legal

restraints, and made all constitutional and legal rights dependent

upon his mere pleasure and that of his military subordinates; and

"Whereas, in all his unconstitutional, illegal and oppressive acts,

in all his wicked and diabolical purposes, and in his present

position of usurper and military dictator, he has been and is

encouraged and supported by the great body of the people of the

non-slaveholding States;

"Therefore, this convention, now here assembled in the name and

with the sovereign power of the people of North Carolina, doth, for

the reasons aforesaid, and others, and in order to preserve the

undoubted rights and liberties of the said people, hereby declare

all connection of government between this State and the United

States of America dissolved and abrogated, and this State to be a

free, sovereign, and independent State, owing no subordination,

obedience, support or other duty to the said United States, their

Constitution or authorities, anything in her ratification of

said Constitution or of any amendment or amendments thereto to

the contrary notwithstanding; and having full power to levy war,

conclude peace, contract alliances, and to do all other acts and

things which independent States may of right do, and appealing to

the Supreme Governor of the world for the justice of our cause, and

beseeching Him for his gracious help and blessing, we will, to the

uttermost of our power and to the last extremity, maintain, defend,

and uphold this declaration."

SPEECH ON SLAVERY AND THE UNION.

BY GEORGE E. BADGER.

I concur entirely in what has so often been said on this floor that

there can be no peaceable separation of this Union. From the very

nature of the case, from the character of our institutions, from the

character of our country, from the nature of the government itself,

it is, in my judgment, impossible that there can be a peaceable

separation of this Union. But if there could be, I agree entirely

with the honorable Senator from Kentucky, that the state of peace

in which we should separate must be speedily ended, must terminate

in intestine conflicts, in wars, which, from the nature of the

case, could know no amicable termination, no permanent peace but,

until the superiority of the one or the other side in the conflict

should be completely established, would admit of nothing but hollow

truces, in which each might breathe from past exertions, and make

preparations for future conflicts.

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