He obtained his County Court license in the summer of 1826. At

August term of the court he appeared at the Orange bar. The rule

then required, between the admission to practice in the County Court

and the admission to practice in the Superior Court, a novitiate

of one year. This period he spent in Hillsborough that he might

continue to profit by the instruction of his learned preceptor. At

the end of the year he received his Superior Court license. It was

now a question where he should establish himself for the practice of

his profession. The counties of Mecklenburg, Cabarrus and Lincoln

were filled with his blood relations, connections and friends. They

were among the most distinguished for their wealth, intelligence

and Revolutionary service. Their combined influence would give

him command of all the important business of those counties, and

place him at the outset in the position of a leader of the bar. The

prospect in Orange and the adjoining counties was widely different.

In these latter counties he would have no adventitious advantages.

The business of these counties, moreover, was engrossed by an able

and a numerous bar. At the first court which he attended after he

obtained his Superior Court license they mustered to the number of

twenty-six. A large proportion of these were young men recently

admitted to practice; but after deducting these, and many more of

longer standing and respectable position, there still remained a bar

which for learning, abilities and eloquence was never surpassed in

this State. Of resident lawyers there were Thomas Ruffin, Archibald

D. Murphy, Willie P. Mangum, Francis L. Hawks and Frederick Nash;

of lawyers attending the court, from other counties, there were

George E. Badger, William H. Haywood and Bartlett Yancey. What

recollections of renown connected with the forum, the Senate, and

the church flood the mind as we recall these names! Fain would

I pause to contemplate the career of these illustrious men, by

which the character of North Carolina was so much elevated in the

consideration of the world, and so much of honor brought to the

State. But other subjects press upon me--subjects of more immediate

interest.

Notwithstanding this formidable competition--a competition which

might well dismay one at the outset of professional life--Mr.

Graham resolved to fix his residence at Hillsborough. Two reasons

were assigned by him for this conclusion: first, an unwillingness

to relinquish the foothold he had gained in the county courts of

Orange, Granville and Guilford; second, a reluctance to sever the

associations formed with his professional brethren at those courts.

Another reason, quite as potent, probably, was a well-grounded

confidence in his own abilities, and in his knowledge of his

profession. Against such men he entered the lists, and against such

he had to contend; not indeed all at the same time, but all within

a period of two years. It may be mentioned as an instance of the

vicissitudes of human life, that five years from the August of that

year--1827--not one of those illustrious men remained at that bar.

His first case of importance in the Superior Court was one which,

from peculiar causes, excited great local interest. It involved an

intricate question of title to land. On the day of trial, the court

room was crowded and the bar fully occupied by lawyers--many of them

men of the highest professional eminence. When he came to address

the jury, he spoke with modesty, but with ease and self-possession.

His preparation of the case had been thorough, and the argument

which he delivered is described as admirable, both as to matter and

manner. When he closed Hon. William H. Haywood, who had then risen

to a high position at the bar, turned to a distinguished gentleman,

still living, of the same profession, and inquired who had prepared

the argument which Mr. Graham had so handsomely delivered. The

answer was, "It is all his own;" to which Mr. Haywood replied with

the observation, "William Gaston could have done it no better."

Mr. Graham knew none of that weary probation which has been the lot

of so many able men. His argument in the case just mentioned at

once gave him a position of prominence. It was not long before he

attained a place in the front rank of his profession. Here, with the

large stores of professional knowledge which he had laid up, it was

easy to sustain himself. His high mental qualifications, his habits

of study, his perseverance, his unalterable faith in his cause,

brought to him a constantly increasing business, and a constantly

widening reputation. He was early, for so young a man, retained in

the most important causes in the courts in which he practiced, and

his associate counsel generally gave him the leading position in the

trial.

In 1833 he was elected a member of the General Assembly from the

town of Hillsborough. His first appearance on the floor has an

interest from the relations subsequently existing between him

and the distinguished man to whom the motion submitted by him

had reference. He rose to move the sending of a message to the

Senate to proceed to the election of a Governor of the State, and

to put in nomination Governor Swain. A day or two after he had

the satisfaction of reporting that that gentleman--who was ever

afterward united to him in the closest bonds of friendship--had

received a majority of votes, and of being named as first on

the committee to inform him of his election. He took, from the

beginning, an active part in the business of the House relating to

banks, law amendments and education.

I record an incident which attests the high consideration which he

had already acquired in the country, and the importance attached

to his opinion. Judge Gaston had been elected in 1833 to a seat

on the Supreme Court Bench by a majority of two-thirds of the

General Assembly. He had been brought up in the Roman Catholic

faith--the faith of his fathers--the faith in which he died. The

thirty-second section of the old constitution declared incapable

of holding office all those who "deny the truth of the Protestant

religion." Some dissatisfaction had been expressed at his accepting

a judicial office under a constitution containing this clause,

which in the opinion of some, excluded him. For some time he did

not deem it necessary to advert to the matter. In 1834--November

12--he addressed a letter to Mr. Graham, enclosing a written paper,

in which he stated succinctly, but with great clearness and force,

the reasoning by which his acceptance had been determined. In the

conclusion of his letter he referred it to Mr. Graham's judgment,

to determine what degree of publicity should be given to the

paper. Whether it was ever published we do not know; but when we

consider Judge Gaston's high station and great name in the country,

and that the purity of that name was in a measure at stake, the

incident must be regarded as a singular tribute to the character

which Mr. Graham had thus early established. It is well known how

Judge Gaston availed himself of his place in the Convention of 1835

to set forth to the world the reasons by which his decision had

been influenced--reasons so cogent and conclusive as to satisfy

every mind. It is known, too, that the object of the great speech

delivered by him then--an object happily accomplished--was to bring

about such a modification of the obnoxious clause as to deprive it

of all sectarian intolerance.

Mr. Graham was again a member from Hillsborough in the year 1835.

In the organization of the committees the post of chairman of the

Committee on the Judiciary was assigned to him, and the journals

bear testimony to the diligence with which its duties were

discharged. It was through him, in his capacity of chairman, that

the various reports of the commissioners to revise the statute

laws of the State--the _Revised Code_ being then in progress--were

submitted to the House.

From the abilities displayed and the high position held by him in

the Legislature, we should naturally expect to find him in the

Constitutional Convention of 1835. It has been well said that the

county of Orange has been to North Carolina, what Virginia has been

to the Union, the mother of statesmen. On this occasion, by one of

those caprices which sometimes seize upon communities as well as

individuals, the noble old county seemed to care little for her

ancient renown. There seems to have been no action by the county

to secure delegates worthy of her former reputation. We learn from

the remarks of one of the delegates in the Convention, that there

were ten candidates in the field, and that the successful candidates

were returned by so small a vote as to call forth a taunt from a

member of the Convention. In such a contest Mr. Graham had no desire

to enter the field; indeed, whenever he offered himself for the

suffrages of his countrymen, it was as the chosen champion of the

principles of a great party.

He again represented the county of Orange in the Legislatures

of 1838 and 1840, in both of which he was elected Speaker. This

withdrew him from the arena of debate, and we learn little more of

him from the journals of those sessions than the uniform punctuality

and universal acceptability with which he discharged the duties of

that high trust.

A revolution in the politics of the State brought about a vacancy,

in 1840, in the representation from North Carolina in the Senate of

the United States. Mr. Strange, under instructions, had resigned his

seat; the term of the other Senator was near its end. There were

thus two terms to be filled by the Legislature of 1841. Mr. Mangum

was elected for the full term, Mr. Graham for the unexpired term.

This election was considered by Mr. Graham as the most emphatic

testimonial of the confidence and favor of the State which he

received during his life. Mr. Mangum and he were residents of the

same county, and of the many able men who might justly advance

claims to the other seat Mr. Graham was the youngest. Certainly an

election under such circumstances constituted a tribute of peculiar

significance and value.

He was among the youngest members of the Senate when he took his

seat; but he soon commanded the esteem and respect of the entire

body. That, it has been truly said, was preëminently the age of

great men in American parliamentary history, and of such he was

regarded as the worthy compeer. "He never rose to speak," says a

distinguished gentleman (Mr. Rayner), who was himself a member of

Congress at that time, "that he did not receive the most respectful

attention. When the Senate went into Committee of the Whole he was

usually called upon to preside. Reports from him as chairman of a

committee almost invariably secured the favorable consideration of

the Senate." From the same authority we learn that the relations

existing between him and Mr. Clay were of the most kindly and

intimate character, and that Mr. Clay "regarded him as a most

superior man, socially and intellectually."

The period during which Mr. Graham was in the Senate was one of

the most stormy in our political annals. The Whig party had just

achieved a great victory, and Harrison and Tyler had been elected

by an immense majority. That party reckoned confidently that it

would now be able to carry out those great principles of government,

for which it had so long contended, and which had been so signally

approved in the recent election. In the midst of these patriotic

anticipations, General Harrison died, and Mr. Tyler succeeded to

the Presidential chair. Mr. Tyler had adopted the platform of the

Whig party, and in his address, upon assuming the duties of his

high office, he did not intimate the least change of policy from

that which his predecessor had announced in his inaugural. He had,

moreover, retained the same constitutional advisers. The statesmen

of the Whig party now set to work to redeem the pledges which had

been made to the country. A great financial measure was passed; this

was vetoed by the President. A second measure of the same kind,

framed in conformity to the views indicated in his veto message, was

passed, which was vetoed in like manner. A tariff bill was passed,

but this shared the same fate. Efforts were made to pass these

bills over the President's veto, but in every instance the veto

was sustained by the opposite party. The result of these repeated

disappointments was that all hope of united and efficient action

in carrying out the great principles of the Whig party was finally

abandoned.

The administration of Mr. Van Buren had largely exceeded the

revenues. Provision for this deficiency had to be made by the

incoming administration. To meet an emergency so pressing a bill

was introduced, known as the "Loan Bill." It was strongly opposed,

among others, by Mr. Calhoun, in a speech of characteristic force

and compass. So far as the Whigs were concerned it was an appeal by

the administration for aid, to a party which it had betrayed. Mr.

Graham only recollected that the good of the country was involved,

and gave it his support. "I will not," said he, "stop the action of

the government by denying it the means of going on, no matter who

may be in power." The speech which he delivered on this bill was

eminently able and statesmanlike. He demonstrated the necessity of

the measure; he traced out the cause of the deficiency, and pointed

out the remedy. The subject has little interest to the general

reader at this day, yet in that speech there are passages of such

profound reflection and philosophic scope as will give it a value to

the political student at all times.

When the Apportionment bill in 1842 was under consideration, very

strong opposition, headed by Mr. Buchanan, of Pennsylvania, and Mr.

Wright, of New York, was made to the districting clause. Mr. Graham,

on June the 3d, addressed the Senate in support of the clause. In a

calm, condensed, weighty and conclusive argument, he demonstrated

that the district system of electing Representatives to Congress,

was in conformity to the true theory of representative government,

and was the one contemplated and expected by the framers of the

government; that it was sanctioned by usage almost unanimous in the

old States, and by the usage of two-thirds of the new; that the

general ticket system was fraught with evils, public and private;

nay, with dangers to the Union. There was a passage in that debate

which so forcibly illustrates the high moral plane upon which he

discussed public affairs that I cannot pass it by. It was objected

by Mr. Woodbury, of New Hampshire, that if the act were passed

by Congress, it had no means of enforcing it. He wished to know

whether an armed force or a writ of mandamus would be sent to the

State Legislatures to compel them to lay off the districts. In

reply Mr. Graham showed that if, notwithstanding the law, a State

should return members according to general ticket, the House of

Representatives, as judge of the election of its members, could

pronounce such election a nullity. "But the duties of the States

under our Constitution," said he, "are not to be determined by

their liability to punishment, but by the covenants into which they

entered by that instrument. It is faith, honor, conscience, and

not the 'hangman's whip,' on which, at last rest the blessings of

this noblest human institution which has ever been devised for the

security, the welfare and happiness of man." In this exclamation,

he unconsciously announced those great principles by which his own

conduct through life was regulated, and to whose slightest behest he

ever yielded an unhesitating obedience.

A short time after--July 25, 1842--he received the following

letter from Chancellor Kent: "I thank you for your speech on the

districting clause of the Apportionment bill. I have read it

carefully, and I deem it in every respect logical, conclusive, and a

vindication of the power assumed by the bill, in language clear and

specific, tempered with due moderation and firmness. The district

system is essential to check and control the cunning machinery of

faction."

After the expiration of his term--March 3, 1843--Mr. Graham resumed

the practice of his profession.

In 1844 he was nominated by the Whig party of North Carolina for the

office of Governor. He had not sought the nomination; nay, would

have declined it if he could have done so consistently with his high

conceptions of the duty of a citizen. In 1836 he had married the

daughter of the late John Washington, Esq., of New Bern, a lady of

rare beauty and accomplishments--a union which brought to him as

much of happiness as it is the lot of man to know. From this union

a young and growing family was gathering around him. His patrimony

had not been large, and the requirements of his family demanded his

constant professional exertions. He was now at the summit of his

profession, and his emoluments would be limited only by the nature

of the business in an agricultural State, where commerce existed to

only a small extent, and manufactures were in their infancy. His

attention had been much withdrawn from his profession during his

senatorial career, and besides the expense and loss of time in a

State canvass, he would, if elected, be entirely precluded from the

exercise of his profession during his term of office. The salary

of the office was small, and a residence in the capital as Chief

Magistrate would render necessary an increased scale of expense. On

the other hand were considerations of great weight. Letters came to

him from many gentlemen of high standing in various parts of the

State, pressing his acceptance by every consideration that could be

addressed to an elevated mind. Moreover, he was not unmindful of

the honors which had been conferred upon him, and not ungrateful.

He held, too, that the circumstances must be very exceptional

which could justify a citizen in withholding his services when

called to a public station by the general voice of the people. To

determine his duty cost him much anxious reflection; but the latter

consideration proved decisive. The decision once made, he acted with

his accustomed energy.

His nomination was hailed with satisfaction throughout the Union.

Among other letters which he then received, giving expression to

this feeling, was one from Mr. Clay. In conclusion he thus expressed

himself: "Still, I should have preferred that you were in another

situation, where the whole Union would have benefited by your

services."

His opponent was Colonel Mike Hoke. He was born in the same county

with Mr. Graham, and was nearly of the same age. He was a gentleman

of fine person, of fine address, of considerable legislative

experience, and of high position at the bar. The canvass was well

contested on both sides; on the part of Mr. Graham it was conducted

with surpassing ability. When it came to the vote he led his

competitor by several thousand majority.

He was inaugurated on the 1st of January, 1845, the oaths of office

being administered by Chief Justice Ruffin. The _Raleigh Register_

of that date remarks, that "the audience which witnessed the

ceremony, for everything that could make the occasion imposing,

has never been surpassed within our recollection. The lobbies and

galleries were crowded with strangers and citizens, and a brilliant

assemblage of ladies."

His first term was so acceptable that he was elected to the second

by a largely increased vote. His two terms embrace that period,

during which North Carolina made the greatest progress in all her

interests. The messages of his very able predecessor, Governor

Morehead, followed up by his own, drew the attention of the whole

State to the subject of internal improvements, and a powerful

impulse was given to that great interest.

In a letter, Mr. Webster writes as follows: "The tone which your

message holds, in regard to the relations between the State

Government and the General Government, is just, proper, dignified

and constitutional, and the views which it presents on questions

of internal policy, the development of resources, the improvement

of markets, and the gradual advancement of industry and wealth,

are such as belong to the age, and are important to our country

in all its parts." His earnest recommendation of a geological

survey elicited from Prof. Olmstead, a letter commending his views

expressed in that regard, in which he said: "There is no State in

the Union which would better reward the labor and expense of a

geological survey than North Carolina."

In 1849 he delivered the address before the literary societies

at Chapel Hill. His subject was a cursory view of the objects

of liberal education. This address stands out in wide contrast

to those which have been customary on such occasions, and is

solid, sterling, practical. It is a vindication of the University

curriculum.

Public honors have been coy to most men; it was the reverse in his

case. They waited around him with perpetual solicitation. In 1849,

Mr. Mangum, one of the confidential advisers of the President, wrote

to Mr. Graham that he might make his election between the Mission to

Russia and the Mission to Spain. Subsequently the Mission to Spain

was tendered to and declined by him.

Upon the accession of Mr. Fillmore to the Presidency, a seat in the

Cabinet was tendered to Mr. Graham. In the letter addressed to him

by the President, informing him of his appointment, he said: "I

trust that you will accept the office, and enter upon the discharge

of its duties at the earliest day. I am sure that the appointment

will be highly acceptable to the country, as I can assure you, your

acceptance will be gratifying to me." In a letter couched in proper

terms, dated July 25, he communicated his acceptance.

In a letter dated the 19th of February, 1851, Mr. Benton wrote as

follows: "I have just read a second time, your report on the Coast

Survey. I consider it one of the most perfect reports I ever read--a

model of a business report, and one which should carry conviction to

every candid, inquiring mind. I deem it one of the largest reforms,

both in an economical and administrative point of view, which the

state of our affairs admits of."

He resolved, being strongly supported by the President, to send

an expedition to Japan and bring that empire within the pale and

comity of civilized nations. The command was assigned to Commodore

Perry. The event showed what statesmanlike sagacity was exercised

in planning the expedition and in the selection of its leader.

Everything that was contemplated was accomplished. The success of

that expedition constitutes one of the principal claims of Mr.

Fillmore's administration to the admiration of the country and of

posterity. Its success constitutes, indeed, an era in the history of

the world. Its results have been great and cannot but be enduring.

It has placed our relations with Japan upon a just and honorable

basis. It has given a new direction to much of the commerce of

the world--pouring its fertilizing tide through the heart of the

American continent. Its effects upon Japan are but beginning to be

seen; yet already they exceed what would have been brought about in

the ordinary course of affairs in a thousand years. No people have

ever availed themselves of the light of a superior civilization

as the Japanese have. In that light they have seen the unfitness

of many of their old institutions and have abandoned them; they

have seen the unfitness of their language for foreign intercourse,

and are preparing to substitute the English language. The changes

thus made are harbingers of progress which will justify the most

lively anticipations for the future. The friends of humanity and

religion, especially, hail the prospect with delight. They see in

what has been already done, the prospect of an entire change in the

institutions of that land. They hope, at no distant day, to see

liberal institutions introduced there. They hope to see a universal

recognition of popular rights, where the bonds of caste have been

so inexorable; to see equal laws take the place of a despot's will,

and to see the Christian religion again introduced, never more to be

disturbed in its peaceful reign.

Another expedition was sent out in 1851 under the direction of the

Navy Department. The object was the exploration of the valley of the

Amazon in the interests of commerce. The instructions to Lieutenant

Herndon--to whose charge the expedition was confided--contained

in the letter of Mr. Graham, of February 15th, were full and

particular. They embraced the position of the country--the

navigability of its streams--its capacities for trade and

commerce--and its future prospects. In February, 1854, the report

was published by order of Congress. It contains the most ample

information upon all the points embraced in the instructions. In the

London _Westminster Review_ of that year, it was noticed with just

credit to the author, and due recognition of the enlightened policy

which projected the expedition.

A part of the triumph of the compromise of 1850 belongs to North

Carolina. Her favorite statesman was then in the Cabinet, and

shared in the counsels by which these results were brought about.

During the progress of these measures he was in constant conference

with their author, and to the opinion of none did their author pay

greater deference.

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