termination. The Whig party met in convention on the 16th of June,
1852, and put in nomination for the Presidency General Scott, and
for the Vice-Presidency Mr. Graham. Mr. Graham's preference for the
Presidency was Mr. Fillmore, and without a distinct declaration of
principles, and an approval of the course of his administration,
he would not have permitted his name to be placed on any other
ticket. This declaration was made, and in terms as explicit as he
could wish; with that declaration, it became a mere calculation of
chances which was the candidate most acceptable to the country.
Under these circumstances he accepted the nomination. Immediately
on his acceptance, with a view as he expressed it, "to relieve the
administration of any possible criticism or embarrassment on his
account in the approaching canvass," he tendered his resignation.
The President "appreciating the high sense of delicacy and
propriety" which prompted this act, accepted his resignation with
expressions of "unfeigned regret."
In Mr. Stephens' history of the United States, it is said that in
accepting the nomination tendered him by the Whigs, General Scott
"cautiously avoided endorsing that portion of the Whig platform
which pledged the party to an acceptance of and acquiescence in
the measures of 1850." If avoidance there was, it was because he
deemed it unnecessary to pledge his faith to measures with which
he was so intimately identified. He was acting Secretary of War
during the pendency of these measures. "No one," says Mr. Graham
in a letter to a friend, "more deeply felt the importance of the
crisis, or cooperated with us more efficiently in procuring the
passage of the compromise measure, or rejoiced more heartily in
the settlement thereby made." With a soldier's sentiment of honor,
General Scott rested on his record, which was open to all the world.
But the charge of unfaithfulness to those measures was made against
him, and urged with fatal effect. And so it came to pass that the
two candidates who had exerted all their abilities, and used all
their influence, official and other, to secure the passage of the
compromise measures, were beaten upon the charge alleged against one
of them of unfaithfulness to those measures.
After his retirement from the cabinet, and in the same
year--1852--he delivered the sixth lecture in the course, before the
Historical Society of New York, in Metropolitan Hall, in the city
of New York. "The attendance," we are told in the _Evening Post_ of
that date, "was exceedingly numerous." Ever anxious to exalt his
State, and set her before the world in her true glory, his subject
was taken from the history of North Carolina. It was the British
invasion of North Carolina in 1780 and 1781.
It is known what scant justice has been done to our State by the
early historians of the country. This injustice Mr. Graham, as far
as a lecture would admit, undertook to redress. Though his subject
confined him to the events of less than two years, and took up the
story five years after the first blood had been shed at Lexington,
and four years after the Declaration of Independence, he presents
a rapid and graphic sketch of what was done in North Carolina down
to the year 1780. He depicts the advanced state of opinion in North
Carolina before the war; he recounts the military expeditions sent
out by her in support of the common cause; and shows that "from
New York to Florida, inclusive, there were few battle-fields on
which a portion of the troops engaged in defense of the liberties
of the country were not hers." He then places before us in strong
colors, the period just before Lord Cornwallis commenced his famous
march--that period so justly designated as the dark days of the
Revolution; when Georgia and South Carolina had been over-run and
subjugated; when the army of the South had been nearly annihilated
by the disastrous battle of Camden and the catastrophe of Fishing
Creek. He relates the bold measures--measures which call to mind
those of Rome, at similar crises of peril--with which the State
of North Carolina prepared to meet the impending shock. He then
enters upon a narrative of the different operations of the American
and British armies under their respective commanders, Greene and
Cornwallis, and a finer narrative it would be difficult to point
out. A bare recital of the incidents of that campaign would not want
interest in the hands of the dryest historian, but in this narrative
it is brought before us in vivid colors. By his brief but striking
delineation of the principal actors; by his rapid touches in which
the relative state of the Whig and Tory population of that day is
brought to view; by his sketches of the scenery of the Piedmont
country--the theater of that campaign; by his notices of individual
adventure; above all, by his masterly recital of the incidents of
the retreat of General Greene and the pursuit of Lord Cornwallis--a
retreat in which the hand of Providence seemed from time to time,
so visibly interposed--the grand procession of events passes before
us with the interest of an acted drama. We experience a feeling of
deep relief, when at length, the army of Greene is placed in safety.
After taking breath, which we had held as it were, during the quick
succession of events in that celebrated retreat, we retrace our
steps and the interest culminates in the battle of Guilford. "The
philosophy of history," says Mr. Benton in his _Thirty Years' View_,
"has not yet laid hold of the battle of Guilford; its consequences
and events. That battle made the capture of Yorktown. The events are
told in history, the connections and dependence in none." The future
historian will find the task done to his hand in this lecture. Its
decisive character is there appreciated and set forth.
The lecture closes with some reflections on the "Act of Pardon and
Oblivion," passed by the Legislature, after the proclamation of
peace, at its first session in 1783. "An act," says Mr. Graham,
"of grace and magnanimity, worthy of the heroic, but Christian and
forbearing spirit which had triumphed in the struggle just ended."
The words have a peculiar and melancholy significance to us, who
recollect how long after the war, he stood among us as an alien and
a stranger, deprived of the commonest right of citizenship; and how
by mistaken party spirit he was debarred the enjoyment of those
senatorial honors, with which a grateful people would have cheered
and crowned the evening of his life.
This lecture will, I think, be regarded as the maturest of his
literary efforts. It presents the events of the time of which it
treats in new combinations, and sheds upon them new lights from
original investigations. The style is always clear, forcible and
harmonious. Classic ornament is introduced to an extent rare for
him; for though he retained his classical learning to the end of his
life, his sense of fitness led him to employ very sparingly what
any one might be disposed to attribute to ostentation. Altogether
it is the most valuable contribution yet made to the history of
North Carolina at that era. It sets the State in a juster light
than anything on record. It particularly commends itself to all who
cherish in their hearts the sacred flame of State love and State
pride; to all who hold in honor the renown of their ancestry; to all
who would catch
"Ennobling impulse from the past."
Mr. Graham was again a member of the Legislature in 1854-'55. The
great question of that session was what was popularly known as "Free
Suffrage." Its object was to abolish the property qualification for
the Senate, and extend to every voter the same right of suffrage,
whether for the Senate or the House. To this extension of suffrage
_per se_ he made no objection. He contended, however, that the
constitution was based upon carefully adjusted compromises of
conflicting interests, and that an amendment of the constitution
confined to this single point--as it must necessarily be if carried
out by the Legislative method--would disturb those compromises and
thus destroy or greatly impair the harmony of that instrument. He,
therefore, advocated the calling of a convention, that all the
questions embraced in these compromises might be duly considered,
and other parts re-adjusted to suit those which might be changed.
These views were presented in a speech, memorable for its ability.
In the former part he discusses the question at issue, and here will
be found some of the finest examples of his skill as a dialectician;
in the latter part he gave an exposition of the subject in all
its constitutional bearings--an exposition learned, lucid and
conclusive.
The administration of Mr. Buchanan drew to its close amidst signs
ominous for the future tranquillity of the country. These signs
awakened the fears of all who loved and valued the Union, and the
trusted statesmen of the country made arrangements to meet for
conference, and to give expression to their views. The executive
committee of the Constitutional Union party determined early in
January, 1860, to issue an address to the people of the United
States upon the grave exigencies in national politics. A committee
of seven, all men of the highest national distinction, among whom
was Mr. Graham, was appointed to prepare the address. Mr. Crittenden
notified him of his appointment in a letter of January 24th, and
urged his attendance at the meeting of the committee. In his
answer, Mr. Graham had left it doubtful whether the pressure of his
engagements would permit his attendance, and requested that another
might be appointed in his place. Accordingly Governor Morehead
was appointed. But Mr. Crittenden wrote again, and to show the
importance attached to his judgment and action, I subjoin an extract
from his letter: "The crisis is important, and fills the public mind
with expectation and anxiety. It is earnestly to be desired that the
character of our convention should be conspicuous and equal to the
occasion. We have good reason to feel assured of the attendance of
many of the most eminent men of the country, and it is by the great
weight of the moral and public character of its members that the
convention must hope to obtain for its acts or counsels, whatever
they may be, respect and influence with the people. We cannot
do without your _assistance_ and _name_. All the members of the
committee, who were present when your letter was read, united in
wishing me to write and to urge your coming to the convention. Your
absence will be a positive _weight_ against us."
A number of eminent statesmen, among whom was Mr. Graham, met in
Washington City, in February, to consult together upon the dangers
which menaced the country. The result was the convention which
nominated the Constitutional Union ticket for the Presidency, in
behalf of which he canvassed the State. Upon the election of Mr.
Lincoln he made public addresses, and exhorted the people to yield
due obedience to his office.
But the tempest had long been gathering, and was now ready to burst.
No human power could avert it. The people of South Carolina, and
of the other States of the far South, had been educated in the
doctrine of secession, and there were few in those States who did
not hold that doctrine as an undeniable article of political faith.
The time was come when this doctrine was to be tested. The election
of Mr. Lincoln constituted the cause in the minds of the people
of South Carolina. On the 20th of December, 1860, that State held
a convention, and declared her connection with the United States
dissolved, and proceeded to put herself in an attitude to make good
her declaration. In this action she was followed by States to the
south of her, and on similar grounds.
The doctrine of secession met with little favor in North Carolina.
As a right deduced from the Constitution, and to be exercised
under its authority, it was believed by Mr. Graham, and the school
of statesmen to which he belonged, to be without foundation. The
Legislature of North Carolina directed the question of a convention
to be submitted to the people. The question was discussed, in the
light of recent events, by the press of the State, and numerous
meetings of the people were held in every part. These meetings
were addressed by our ablest men. Amongst these a monster meeting
was held at Salisbury, which was addressed by Governor Morehead,
Mr. Badger and Mr. Graham, who, as well for the exalted positions
they had held as for their commanding abilities, were looked to for
counsel in this emergency. The people at the polls pronounced with
great unanimity against a convention.
But events were marching on with rapid strides. On the 13th of
April, 1861, Sumter surrendered to Confederate guns. On the 15th,
Mr. Lincoln issued his call for 75,000 troops. This call was made
without authority, and was the first of that series of public
measures culminating in the unauthorized suspension of the "Habeas
Corpus Act" on the 10th of May, under the shock of which the public
liberties of the North for a time went down.
By these events the aspect of things was wholly changed. The
question of secession as a right, whether the election of Mr.
Lincoln was a just cause for the exercise of that right or not, had
drifted out of sight. War was inevitable. Virginia had followed the
example of the Southern States, and North Carolina was now girdled
with seceded States. All that was left her was a choice of sides.
The language of Mr. Graham at this crisis was the language of all
thoughtful men; nay, it was the language of the human heart. And
looking back upon all that we have suffered--and there are none,
even in the Northern States, but say we have suffered enough--if a
similar conjuncture were to arise, the heart would speak out the
same language again. Speaking the voice of the people of North
Carolina, as he, from the high trusts confided to him in his past
life, and from the confidence always reposed in him, was, more than
any other, commissioned to do, in a public address at Hillsborough,
in March, 1861, he expressed himself as follows:
"Ardent in their attachment to the Constitution and the Union, they
had condemned separate State secession as rash and precipitate, and
wanting in respect to the sister States of identical interests; and
as long as there was hope of an adjustment of sectional differences,
they were unwilling to part with the Government, and give success to
the movement for its overthrow, which appeared on the part of some,
at least, to be but the revelation of a long cherished design. But
the President gives to the question new alternatives. These are,
on the one hand, to join with him in a war of conquest, for it is
nothing less, against our brethren of the seceding States--or, on
the other, resistance to and throwing off the obligations of the
Federal Constitution. Of the two, we do not hesitate to accept the
latter. Blood is thicker than water. However widely we have differed
from, and freely criticised, the course taken by these States,
they are much more closely united with us, by the ties of kindred,
affection, and a peculiar interest, which is denounced and warred
upon at the North, without reference to any _locality_ in our own
section, than to any of the Northern States."
Under the influence of these counsels, so wisely and temperately
expressed, a convention of the people of North Carolina, was called.
On the 20th of May, a day memorable in the annals of the State and
of the world, the convention passed the ordinance of secession.
For this ordinance the vote was unanimous. But though the vote
indicated an entire unanimity among the members, it was unanimity
only as to the end to be accomplished. The views of Mr. Graham, and
the statesmen with whom he acted, had, in regard to secession as
a constitutional remedy, undergone no change. To set forth their
views, Mr. Badger offered a series of resolutions in the nature of
a protestation--an exclusion of a conclusion. These resolutions
asserted the right of revolution, and based the action of the
convention on that ground; but the minds of men had been wrought to
such a pitch of excitement that the distinction was unheeded, and
the resolutions failed.
On the 20th of June the convention passed the ordinance by which
the State of North Carolina became a member of the Confederacy. To
this measure Mr. Graham offered a strong but fruitless opposition.
In the perilous career upon which we were about to enter he was
unwilling to surrender the sovereignty of the State into the hands
of those whose rash counsels had, in the judgment of the people of
North Carolina, precipitated the war. He wished the State to hold
her destinies in her own hands, that she might act as exigencies
might require. Those who realize the delusive views under which the
government at Richmond acted during the last months of the war will
see in this opinion another proof of his wise foresight.
The progress of the war which now broke out with such fury
demonstrated that there were here, as at the North, those who
conceived that the public peril had merged the constitution and
the laws. Early in the session "an ordinance to define and punish
sedition and to prevent the dangers which may arise from persons
disaffected to the State," was introduced.
On the 7th of December Mr. Graham addressed the convention in
opposition to this ordinance. The speech which he delivered on this
occasion was, perhaps, the noblest effort of his life. It breathes
the true spirit of American freedom. It is the product of a mind
deeply imbued with the great principles of civil liberty, and which
had devoutly meditated upon all those safeguards which the wisdom of
successive generations had thrown around it. His wide acquaintance
with history had made him familiar with every device by which
liberty may be sapped and undermined; his exalted estimate of its
value and dignity had developed this acquaintance into a special
sense by which he could detect any design hostile to it, under any
pretense or subterfuge, however specious or skillful.
From the beginning of the war the current of power set steadily
from the Confederate States to the Confederate Government; and with
each year of the war, the current flowed on with increasing tide.
Within its just bounds, no man yielded a heartier allegiance to that
government than Mr. Graham; but on the other hand, no man stood
ready to oppose a firmer resistance when that government overstepped
those bounds. The war had been begun and was then prosecuted for the
maintenance of great principles, and it was his fixed purpose that
civil liberty should not, at the South as at the North, be engulfed
in its progress. In the year 1862 a minister of the gospel--a man
of learning and of irreproachable character--was arrested in the
county of Orange, under a military order, sent to Richmond, and cast
into prison. He was not in the military service of the Confederate
States, and therefore not amenable to military law. As a proceeding
against a citizen, such an arrest, without charge made on oath and
without warrant, was in violation of all law; while his deportation
beyond the limits of the State, for trial by military tribunal, was
in contempt of the dignity and sovereignty of the State. Mr. Graham,
being then Senator from Orange, introduced a resolution demanding
a return of the prisoner to the State, which was passed at once.
On introducing the resolution, he expressed the opinion that the
proceeding was without the sanction of the Confederate Executive,
or of the Secretary of War. The sequel proved this supposition to
be correct. The prisoner was sent back with a disavowal of any
knowledge of the proceeding on the part of the President or the
Secretary, until the confinement of the prisoner in the military
prison at Richmond. The Secretary frankly admitted the erroneous
nature of the arrest and imprisonment, and disclaimed all intention
to interfere with the rightful jurisdiction of the State. On the
22d of January, 1863--upon the incoming of the message with the
accompanying documents, touching the case--Mr. Graham paid a merited
tribute to the enlightened comprehension of the relations existing
between the Confederate Government and the States, evinced by these
sentiments, and in the further remarks submitted by him, he took
occasion to re-state the great principles of personal liberty--daily
more and more endangered in the course of the war--and to impress
them upon the public mind by apt comments upon the case to which the
public attention was then so strongly directed. This was the first,
and is believed to have been the last case, in which military power
was used to override civil law.
In December, 1863, Mr. Graham was elected to the Confederate Senate
by a majority of two-thirds of the Legislature. He took his seat in
May, 1864. There was then need of the best counsel. The brilliant
successes which had crowned our arms in the early years of the
war, had been replaced by a succession of disasters. The battle of
Gettysburg and the fall of Vicksburg had brought us apparently to
the brink of ruin. As the year 1864 rolled on, the prospect became
darker and darker, and at the end of the year the situation was
to the last degree critical. Our territory had been cut in twain,
and we were beleaguered by land and by sea. Within the area which
acknowledged the Confederate Government, there was great exhaustion
of all kinds of military supplies, and a like exhaustion of all the
elements for the support of human life. General Lee was only able
to oppose the front of General Grant by extending his line until it
was ready to snap from excessive tension. To strengthen his force
from the white race was impossible; conscription there had reached
its limit. General Sherman had swept through Georgia, and the
broad track of desolation which he left behind him too truly told
the story of our helplessness. It was known that each Confederate
soldier was opposed by as many as five Federal soldiers; the
former scantily fed, clothed and shod; the latter supplied with
every comfort and many luxuries. (The odds were seven to one, says
_Stephens' History of the United States_.) It was plain there was
no longer any hope of a successful prosecution of the war. In the
midst of a dense gloom which shrouded the country on every side,
a ray of light dawned in the proposed peace conference at Hampton
Roads. Mr. Graham had endeavored to reach this form of intercourse
from the commencement of the session. He was not without hope
of a peaceful termination of hostilities; not so much from his
estimate of the statesmanship of President Davis and his Cabinet,
as from the extremity of the case which left no other alternative.
The conference took place on the 3rd of February, 1865. The terms
offered by Mr. Lincoln were, that the seceded States should return
to the Union under the Constitution, in the existing state of
affairs, with slavery as it was, but liable to be abolished by an
amendment to the Constitution. He pledged himself to the utmost
exercise of the executive powers in behalf of the South. The
demand of the Commissioners was for independence. There could be
no middle ground, and the conference ended. Upon the return of the
Commissioners, Mr. Davis and Mr. Benjamin made public speeches in
Richmond, to fire the Southern heart anew; but the event proved how
little sagacity they brought to the direction of affairs at that
supreme hour. The speeches fell still-born. [French intervention in
Mexico was the South's opportunity; Seward's object in the Hampton
Roads Conference was to ascertain if Southern statesmanship knew how
to play its advantage.--_Ed._]