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.
* * * * *
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.
* * * * *
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.
He said the organ of the party to which his opponent belonged had
said that he had a bad political record, and it had referred to
many of his votes and addresses to show that he was a Western man.
Well, he was ready to defend these votes and addresses; they were
brought forward to injure him in the East. He was then justified
in making an appeal to the people of the West to sustain him as a
Western man. First, he was charged with having voted to distribute
the school fund according to white instead of federal population. He
said it was true and asked if he had not done right in so doing. He
referred to the first law introduced and passed under the auspices
of Bartlett Yancey, Esq., to raise the fund and distribute it among
the white children of the State. In 1838-'39 it was submitted to the
people and accepted on that basis. In 1842, when the Democrats got
into power, they altered the law to the federal basis, the effect of
which was to give to a child in the East five or six times as much
as to one in the West. This was unjust, and was a violation of the
original agreement upon which the fund was raised. He further said
that had Western men been true to themselves, Governor Reid never
could have been elected, occupying the position he did upon this
question; that _party_ was allowed to overcome their rights and true
interests; for, taking the counties favoring the present mode of
distributing the fund and those against it, there would be found a
majority of fourteen or fifteen thousand in the latter. In the vote
he had given he had carried out the will of his constituents, and
he put it to them to say if it was fair to charge him with being a
Western man with a view to injure him. He hoped, if such was the
case, the West would stand by him. Next, as to free suffrage. He
had been charged with being opposed to that. This was not true. He
was always for it, provided it could be passed in a proper manner
and with such guards and qualifications as, in his opinion, ought
to go with it. He preferred a convention. He could not see why the
West was disturbed on that question, willing as she was to go into
convention on the federal basis. There all things could be settled.
They could elect their justices of the peace by the people, and
establish cheap justices' courts for the trial of petty offenses,
and thus keep them from the courts; that it was important that
justices should be elected by the people, as they laid the county
taxes.
He said he voted against the present free-suffrage bill because
there was no provision in it to prevent the undue taxation of land;
that the Senate, as now constituted, was a check on such taxation;
but, abolish the freehold qualification for voters, and where would
the check be; that he had offered an amendment himself which, had it
passed, he would have voted for the bill, and waived his objection
to the legislative mode of amendment; that the object of this
amendment was to provide simply a protection to lands by requiring
land, the slave poll and white poll to be taxed alike; that, in his
opinion, something ought to be adopted to protect the landholder.
He said that the _Standard_ had called him the "shin-plaster
candidate." It was true that his face appeared upon the bills of a
small bank in his town, but he was in no way concerned in the same,
and had no interest in the institution. He was, however, opposed
to the law, and would make war upon any law which undertook to do
away with small notes. Why take away small notes, the only currency
which a poor man could get? The rich could get large bills, but
they were beyond the reach of a poor man. (Here Mr. Gilmer entered
into a rather elaborate argument to sustain the policy of small
banknotes, and read the _Bank Note Reporter_ and other authorities
to show that true policy required their free circulation, and that
the worst consequences had followed their discontinuance in some of
the States.)
He next shadowed forth a project for a new bank, to be owned in part
by the State and part by individuals. For every one hundred dollars
the State owns in railroad stock he would have her own a like amount
in stock in the bank, and the same as to individuals; something was
said also as to State bonds forming a part of the basis, but the
writer did not clearly catch the idea.
It was insisted, however, by Mr. Gilmer, that such a bank would
be very profitable, and that the State would realize enough from
the profits to pay the interest of the State debt, and relieve the
people from taxation; and the plan was, he said, for the bank to
issue mostly one and two dollar notes for currency, as in South
Carolina.
He was, too, in favor of having our State bonds, and the interest on
the same, payable in North Carolina, and not in New York, and thus
keeping the money of our people at home. He said the national debt
of England, being due to her own people, strengthened her, while
ours acted as a continual drain to pay interest in New York.
After speaking one and a half hours, Mr. Gilmer said he desired,
before he closed, to say something on Federal politics, and the
principles of the American party, of which he was a candidate.