WILLIAM A. GRAHAM
If E RECORD OF HIS LONG
and varied public
SERVICES.
THE TOWN OF HILLSBORO IN 76.
. I
Though Gov. Grohain Was a Native
or Lincoln County, He Located and
Practiced Law in Orange—Filled
Every Important Office Within the
Gift of the People ot North Carolina
Except that ot Judge-Hon. Wont ford
WcGeheeN Tribute to Gov. Graham.
Written for Sunday News and Observer.
Washington, D. C., April 3, 1895.
There is no lack of materials for mak
ing a sketch of the career of William A.
Graham. The record of his varied pub
lie services would alone suffice for this
purpose, if a resort to official documents, ,
State and National, were necessary. Hut
Montford McGehee, Esq.,now so recently
passed away, in his memorial oration,
delivered before the bench and bar ot
the Supremo Court, in the hall of the
House of Representatives, in Raleigh,
Juuo 8, 1*76, has anticipated me in this
labor, and left me little to do in the way
of research. His account of the “*Jfe
and Character" of Mr. Graham, though
styled an oration, might with more pro
priety be entitled a book, and deserves
preservation in book form. It comprises
eighty large octavo pages, which might
well be expanded into one hundred and
sixty, of smaller dimensions, and bound
in a neat volume.
In addition to this elaborate paper of
Mr.McGehee, I find much pertinent mat
ter in the valuable work of Mrs. Spencer,
entitled the “Last ninety days of the
War;” as well as in an address delivered
by the late Senator Vance at the Whi f e
Sulphur Springs, in West Virginia, be
fore the Southern Historical Society. I
have also had occasion to refer to the
“Congressional Globe," of the time when
Mr. Graham was a member of the Sen
ate. .
It was the fortune of Mr. Graham to
fill every important office within the
gift of the people of North Carolina ex
oept that of Judge, and this he could
have h“ve bad without asking for
it, it his services had not always been
elsewhere required. He was repeatedly
elected to tjie State Legislature by the
town of Hillsborough and the county of
Orange, which became his permanent
abode, after he arrived at man’s estate.
He was a native of Lincoln county; but
after graduating at Chapel II 11,' he read
law with Judge Ruffin, at Hillsborough,
and decided to locate at that place as a
caudidtte for legal practice. The odds
were greatly against him; but he was
probably attracted by the array of splen
did legal talent that then clustered around
that, ancient borough. For there were
among resident lawyers, ex-Judge of
the Superior Court, Thomas Ruffin after
wards eminent the world over, as a
jurist; Archibald D. Murphy, an ac
complished scholar and writer; Willie
P. Mangum, destined to adorn a high
place in the history of the cation, as
Senator and presiding officer of that body;
Francis L. Hawkes, distinguished at the
bar before he became more distinguished
as a pulpit orator, and historian; and
there was Frederick Nash, a sound law
yer, who, like Ruffin, rose to the Supreme
Bench of the State. Among the regular
attendants upon the Orange Superior
Courts. from adjacent counties, were
George E Badger and William H. Hay
wood, of Raleigh, and Bartlett Yancey,
of Caswell, who had a distinguished
career in the State and national councils
It was against such competition that
Mr. Graham fought his way to eminence,
and to success as a practitioner at the
bar. The wonder is that so many emi
nent men could have found renumera
tive employment in that sparsely peopled
agricultural community.
Mr. Graham’s first important case
was prepared and argued with so much
-dearness and ability as to call
forth the compliment from Mr. Hay
wood, the able Raleigh advocate, that
Gaston could have done it no
better.” To the close of his life, he
never failed to command a large share of
professional business; and his name was
generally to be found on one side or the
other, of every important case that orig
iaated in the county; while he held a
fair share of practice in the courts of
contiguous counties, which he attended,
and in the Supreme Court.
Until the Constitution of the State was
amended by the Convention of 1835, the
little town of Hillsborough was entitled
to representation in the House of Com
mons. This borough representation was
given in 1776; and it may have been a
part of the Colonial custom, which our
forefathers inherited from England.
The old town of Hillsborough had less
than seven hundred inhabitants in 1890;
But in 1776 it was a place of relative im
portanee in the State, where the Legis
lature sometimes met, and where some
leading men resided. Mr Graham was
the last Representative which Hillsbor
ough had the honor of sending to the
House of Commons. He was elected in
1833, in 1834, and again in 1835. Dur
ing his first term he put David L. Swain
in nomination for the office of Governor.
It will be remembered that the Governor
was then chosen by the Legislature. His
friend was the choice of that body.
During the session he took a leading part
in the decision of two important ques
tions. As chairman of a special com
mittee, he reported against the applica
tion of subjects of France, praying that
they might hold and transfer real
estate in the Stata. There was an im
plied prohibition of this privilege in
the constitution, however, in a clause of
that instrument which gave to the
Legislature authority to grant it to for
eigners who had taken the oath of alle
giance, as a first step in the process of
natur&lizat ion.
Mr. Graham was chairman of another
special committee, upon the question
•whether a person holding an office of
profit or trust under the State govern
ment could, during his term, hold a like
office under the government of the Uni
ted States. The esse should doubtless
have been staged the other way, viz:
Whether’a person holding an office under
the government of the United States
could, at the same time, hold one under
State authority. The reverse proposi
tion, as I find it stated, is for the United
States authorities to decide, and. as it
regards a seat in Congress, it has
been decided more than once;
and notably in a case coming
from Illinois. The constitution ot
that State declared that no person j
holding the office of Judge under the
constitution of the State was eligible to
the United States Senate. Lyman
Trumbull, Chief Justice, or a Judge of
the Supreme Court, was elected by the
Legislature to the United States Senate.
He was a Republican, and the Senate at
the time was largely Democratic. et
it was decided that he was clearly enti
tied to the seat, on the ground that the
States in their constitutions or otherwise, ,
can add no qualifying conditions to J
those prescribed in she constitution of j
the United States.
The Convention, in remodelling the
Constitution, as is known, stripped the
boroughs of their separate representa
tion in the Legislature. Possibly the
example set by England, in 1832, in
abolishing what they called “Rotten
borough representation” had something
to do with bringing about the change
in North Carolina. But Mr. Graham’s
popularity was not confined to Hills
borough, and in 1838 he was elected by
the people of Orange to represent them
in the House of Commons, of which body
he was chosen Speaker. He again rep
resented the county in 1840, and was
again made Speaker, in which responsi
ble position he acquired great skill, and
acquitted himself with distinction.
The State and National elections of
1840 were disastrous to the Democracy.
Gen. Win Henry Harrison was elected
President, in opposition to Mr. \an
Buren. North Carolina voted for the
successful candidate, and the Legisla
ture was largely Whig. The two l uited
States Senators were Messrs. Bedford
Brown and Robert Strange, both Demo
crats Mr. Brown’s term would expire
March, 1841, and Mr. Strange's March
4th, 1843. These gentlemen were de
cidedly opposed to the Whig policy
in regard to a National Bank and a
Protective Tariff The Whig Legislature
instructed them on these questions and
after some hesitation they resigned The
instructions were not explicit, in calling
for a compliance with the wishes of the
Legislature, bu: were expressed in the
form of a request. The “Right of In
struction” was a Democratic doctrine,
but was never accepted as obligatory by
the Whigs. The two Senators were at
first disposed to disregard the Legisla
tive request, on the ground that it was
not mandatory; but what the resolutions
lacked of the imperative mood was more
than made up for by the Whig Press aud
public speakers; and the result was that
thfi Democratic Senators resigned. The
Whigs were thus furnished with
the opportunity of putting two
members of their own views in the
Senate at one time: and strange to say,
both of them were taken from Orange
county. Such an honor has rarely, if
ever, 'fallen upon one county, unless it
may have been in Delaware or Rhode
Island where population is centered in
two or three counties The first place,
for the long term, would naturally go to
Judge Mangum, whose distinguished
services, and national reputation seemed
to command it; but that Mr Graham, of
the same county, should have obtained
the other place, in competition with so
many eminent men, and older men
which the Wing party contained at the
time, was a marked tribute to the rising
young stateman of Orange. The honor
thus bestowned on him, under the cir
cumstances, bespeaks the confidence be
had inspired in the Legislature, and
throughout the State, by the admirable
judgment and temper he had exhibited
as presiding officer of the Commons, as
well as by his recognized talents.
In the United Stares Senate Mr. Gra
ham, though one of the younger mem
bers, and though elected to fill an unex
pired term of two years duration, took a
leading part in the proceedings of that
tody. He was appointed on the com
mittee of claims and it became his duty
to make frequent reports from it. He
was frequently called to take the chair
in place of his friend, Senator Mangum,
who was President pro tempore , after
the death of General Harrison, and the
accession of Mr. Tyler to the Presidency.
His experience as Speaker of the House
of Commons had familiarized him with
the application of parliamentary rules,
and peculiarly fitted him for the perform
ance of that responsible duty.
I find but one speech revised by him,
and reported in the Congressional Globe.
That speech was a vindication of a
clause in the pending bill for the appor
tionment of Representatives among the
States. The clause in question, which
was strongly opposed in some quarters,
provided tor a division of the States into
districts of equal population, in place of
a practice which had prevailed, of elect
ing Congressmen by what was called the
general ticket system, in which every
citizen of a State voted for every mem
her to which the State was entitled The
effect of this practice was completely to
deprive minorities ot' representation.
New York, for instance, with its thirty
four members, might be so equally di
vided in political feeling as to give the
whole delegation to a majority of one,
and that, one may have been fraudulently
cast. The minority may have resided in
one-half the territory of the State, hav
ing interests different from thoso of the
other half; and whether this geographi
cai separation existed or not, it was suf
ficieut that the people differed among
themselves, and it was a flagrant injustice
thus practically to disfranchise the mi
nority, when it might be avoided.
Mr Graham's argument was able and
conclusive, and called forth a high com
pliment from Chancellor Kent, whose
commentaries, like those of Blackstone,
have a world wide reputation. Mr Gra
ham spoke at length upon the loan bills
of which only a brief sketch is given in
the Congressional Globe. The National
Intelligencer of the day may have given
a fuller report; but I have not examined
it. The speech, however, comma- ded
attention, and added to the reputation
of its author
Mr. Graham was elected to the
office of Governor of North Caro
lina in 1844, in competition with
the Democratic candidate, Michael
Hoke, Esq., a gentleman of talents,
and character, who commanded the con
fidence and cordial support of his party.
The News atid Observer, Sunday, April 1 4, 1895.
They debated the issues between the
parties, before the people, in every part
of the State, with marked ability. It
was, during the Presidential year, in
which Mr. Clay was the candidate; of the
Whigs, and Mr. Polk, his successful ri
val, was the nominee of the Democracy.
The great national issue of that cam
paign was the annexation of Texas. Mr.
Clay had taken the ground, that this
country could not annex Texas consis
tently with our treaty with Mexico,
without first obtaining the consent of
that power; and that immediate annexa
tion would be followed by war. Mr.
Polk on the other hand, was nominated,
in opposition to Mr. Vanßuren, who was
the favorite of a majority of the nominat
ing convention, because the Southern
delegates demanded an emphatic
policy of immediate annexation. The
tariff and National bank questions were
also prominent in this campaign; and
the Whigs of North Carolina, although
enthusiastic supporters of Mr. Clay,
were never ardent friends of these fa- i
vorite policies of his. Mr. Graham,
when in the Senate, had said, “Reduce
the expenditures to the lowest point con
sistent with an efficient public service.”
“Levy such duties as are necessary for
an economical administration of the
Government, anil no more.” There is
not a word about “protection to domes
tic manufactures,” in these propositions;
and they fell short of Mr. Clay’s policy.
But Mr. Clay carried the State, and Mr.
Graham was elected Governor.
Mr. McGehee says of his administra
tion, as outlined in his Inaugural Ad
dress: “Some of the noblest institutions
of our State had i*ractically their incep
tion in the recommendations of that In
augural—as the Asylum for the insane,
and the Asylum for the Deaf and Dumb.
Here, too, practically dates the origin of
that great measure of scientific pro
gross—the Geological Survey, by which
North Carolina stands so enviably dis
tinguished among her sister States im
mediately around her.* He gives just
prominence in this address to the Com
mon School system which then had been
just introduced. The University, which
always commanded the entire homage of
his heart, has its due place here. '
Mr.McGehee enumerates other impor
tant measures which originated during
Mr. Graham’s two terms as Governor,
for he was re-elected in 1846. He was
the worthy successor in that office of
Governor Morehead, who had done much
to promote the cause of Internal Im
provement. But 1 must suspend the
matter until next week.
Daniel R. Goodi/ie.
TO WRITE THEIR HISTORY.
Histories of the North Carolina Regi
ments iu the Confederate Service.
At the last meeting of the Confederate
Veterans’ association a resolution was
passed requesting Judge Walter Clark to
procure the best man in each of the
North Carolina regiments in the civil
war to write a history of the regiment
•in which he served. It was contempla
ted that the sketch of each regiment,
averaging, say, ten pages or more, would
make a volume of 750 to 1,000 pages.
Written by the pens of the men whose
swords had made that history it will be
an enduriDg and authentic monument to
the generation who sacrificed themselves
for their State in the great Civil War.
Judge Avery. Gen. Hoke and Col.
Wharton J. Green were appointed a com
mittee to memorialize the Legislature to
print the volume.
After consultation, as far as possible,
with the survivors of each regiment, the
following historians for the respective
regiments have accepted and are at work.
Many of these excellent sketches have
already been completed and sent him
The following is the list of historians
which will be read with interest. The
survivors of each regiment are requested
to furnish any data they may ha7e to
the historian of their regiment below
named.
j ORGANIZATION. HISTORIANS.
Medical staff Dr PE Hines
Chaplain service Rev A D Batts
Engineer service Capt C B Denson
Adjutant General office <la.j A Cordon
Quartermaster department ...
Commissary department
Conscripts bureau
Junior &Sen. Re’s N C Col J W Hinsdale
Navyof North Carolina. ...
Blockade running from Wilmington. Jas
Sprunt.
Steamer Advance ..Capt James Maglenn
“Bethel” regiment C«pt E .1 lisle
Ist regiment Col II a Brown
ad “ ...Gen W RCox
3d “ Col W L De Ross t
4th “ Col E A Osborne
sth “ Lt C M Bus bee
and Maj (Judge; Jas C M icßae.
| 6th “ - Capt Neill W Ray
I 7th “ Maj J S Harris
i gth “ . (Gov; Thus J Jarvis
j 9th ” (Ist cav’ry) Gen Rutes Barringer
:10th “ (,st artil’j) LtCol W J Sounders
I lith “ Col W J Martin
Ith “ ...Lt (Judge) W A Montgomery
Ith ” Col E B Witheis
14th “ Col (Judge) R T Bennett
i 15th “ Col W F Breen
17th “ Capt Wilson C Lamb
I )Bth “ Lt Thos H Sutton
19th ” ..(2d evalary) Maj W A Graham
; 20th “ Gen Thos F Toon
: 2l»t “ Gen W W Kirkland
I 22d “ Maj Graham Dav*s
23d “ Capt H Clay Wall
I 24th “ Capt E A l’horne
25th “ CCpt G S Ferguson
26th “ Surgeon Geo C Underwood
j 27th “ Capt Jas A Graham
| 28. h “ Gen Jas H Lane
29th “ Gen R B Vance
I 30th “ Col F M Parker
| 31st “ --ColJ V Jordan
i 32d “ Lt Henry A London
33d “ Maj J A Weston
| 34th “ ( apt Thos D Lattimore
! 35th “ Capt WHs Burgwyn
! 36th “ (2d artillery) Col Win Limb
i 38th “ Col Geo W Flowers
| 39th “ Adjt Theo F Davidson
I 40th “ Capt T C Davis
43d “ ...Col Thos S Kenan
44th “ Maj C M Sted nan
! 45th “ 1 yrus B Wats ,n
46th “ Capt O W Carr
47 h “ Capt John H Thor e
i 48tU “ - Capt WH H Lawhon
49th “ - Adjt (Judge) Thos R Roulhac
j 50th “ Capt J C Ellington
| 51st “ Maj A A McKeithan
I 52d “ - Capt J H Robinson
i 53d “ Col Jas T Morehead
:55th “ Capt CM Cooke
I 56th “ Maj John W Graham
57th “ - - Co' Ham C Jones
59th “ (4th cavalry) Cape R B Gaddy
:60th “ Capt Thos W P ttton
| 6ist “ Capt N A Ramsay
62d “ Col G M Clayton
63d “ (sthcav’ry)Col *ohn MGalloway
64th “ Capt Melvin E Carter
1 65th “ (61 h cavalry) Capt M V Moore
66th “ Adjt Geo M Rose
; 67th “ Cot RW Wh rton
j 69th “ (Thomas’ Legion) Major W W
String field.
70th “ (Ist Junior Reserves) Col T<’
Broad foot.
71st “ Capt Thos L Lea ]
72d ” (3d Junior Lt Fab If
Bti.sl>ee
75th “ (7th cavalry) Lt W K Parker j
Ist battalion Cot R W Wharton j ,
2d h'-.rr .. Col Wharton J Giren
sth “ . ..Lt (Judge) Thos (’ Fuller
6th * Adjt M P Taylor 1
Bth “ Capt Woodbury Wheeler I (
Ist artillery Lt T A McNeill
Taomas’ Cavalry, battalion, Maj W W
Stringtteld. 1
Avery’s Battalion, Major (Judge) A C
Avery.
Each of the above has accepted the
“assignment to duty” and has either
written the sketch of his regiment or
will have it ready by July Ist. It is a
splendid list of soldiers and writers, the
best possible, now after the gaps made
by the thirty years since the war. One
of (he writers (Gen. Barringer) has died
since filling this last duty to his com
rades. Five other generals are in the list
as historians of their former regiments.
Two of the regiments 73d and!
74 th were senior Reserves and
naturally no survivor of them
has been found who could write the
sketches of those regiments. Neither
has any historian yet been found to I
write the sketches of the following gal
lant regiments, though great efforts have
been made, i. e., 16th, 37th, 4Ut, (3rd
oav ); 42nd, 54th, 68th, 71st, (2nd Ju- j
nior Reserves); and following Battallions
-34, Ith, 7th, 9th and 10th.
lt would be a subject of regret if the j
volume shall appear with those regi
ments omitted. Any survivors of those
commands who may see this will do well
to write to Judge Walter Clark, Raleigh,
N. C., suggesting a suitable man to
write the history of his regiment.
You Don’t Have to Swear Off,
says the St. Louis Journal of Agrieul
| ture in an editorial about No-To-Bac the
famous tobacco habit cure. “We know
of many eases cured by No-To-Bac, one,
a prominent St. Ixmis architect, smoked
aud chewed for twenty years; two boxes
I cured him so that even the smell of to
i baceo makes him sick.” No-To- Bac sold
j and guaranteed by John Y. Macßae.
No cure no pay. Book free. Sterling
Remedy Co., New York or Chicago.
Notice of Seizure and Libel.
Circuit! ’ourt of the United States.
Eastern District of North Carolina.
No KM Libel. At Raleigh.
United States against 2 copper stills,
caps and worms, 8 fermenting tubs, pipes
and entire distilling outfit, nd 22 pick
< ges of corn whisaey, Nos. 20, 22, 38, 39, 40,
: 41, 45, 46 47, 48, 52, 53, 54,16, 71 72, 73, 77.
78, 79, 80, 6S RL<i one other package not
numbered, claimed by A. W. Jones.
To A. W. Jones and to all whom it may
concern—Gree ing:
Notice is hereby given, That the above
mentioned property was seized bv J. A
Thomas, Deputy Collector of 1 • ternal
Revenue for the Fourth C llection District
of North Carolina, on the 7th day of De
cember, 1894, as forfeited to the uses of the
United Stares, for violation of the Inter
nal Revenue Laws, and the same is libelled
and prosecuted in the Circuit Court of the
United States for condemnation for the
causes in the said libel of information set
forth: and that the said causes will stand
I for trinl at the court room of stid court, in
the city of Raleigh, on the fourth Monday
of May next, if that be a jurisdiction day,
aud if not, at the next cay of jurisdicti n
i thereafter, when and where you and all
persons are warned to appear to show
cause why condemnation s-nould cot be de
j creed, and judgment accordingly entered
herein, and to interven- for their interest,
G ven under my hand at office in Ral
eigh, this, 12th day ot April, 1885.
O. J. CARROLL,
U. S. Marshal.
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J 1895. A school for beginners and for those
' desiring to review the fundamental
branches of medicine. For full particulars
I address the Secretary. Dr. W A. Lambeth,
| University Station. Charlottesville. Va.
Sealed Bids.
N. C. Institution for thk
Deaf and Dumb and thk Blind.
Stk ward’s < >fv rc*.
RALBIfIH, N. C , April 12, 1895.
Sealed bids will be received at the office
of the Steward of the N. C. Institution for
! the Deaf and Dumb and the Bi nd until
] 12 m , *»onday. May 6th. for supplying the
! said institution with 150 short tons (2000
pounds) of steam heating coal, to be
placed under the chape ; 120 ions of the
| same delivered at the laundry and 55 tons
j of hard coal at the kitchen.
At the Colored Institution.
100 ton i of steam heating coal, to be put
aw yin coal shed, and 40 tons of hard
coal Bidders will state the name of the
mine from which their coal is sold.
J. G. B GRIMES, Steward.
Medical Society of the State
of North Carolina.
The 4 —O') annual meeting of the above
society will be held in G ddsboro, N. C.,
May 14tli, 15th and 16th, 18! 5.
Reduced rates wIL be offered bv all the
railroads in the State and by the local
> otels.
All regula- physicians of State in good
standing are invited to be present and be
come members, if not already members
Indications point to an excellent pro
gramme lrom both a business anl social
standpoint Ample accommodations.
JOHN H TUCKER, M I). Pres,
Henderson, N C.
R D. JEWETT. M. D , Sec ,
Wilmington, N C.