[Mr. McGehee here enters into a rather labored argument to show that Vance was mistaken; it would have been sufficient simply to have published Graham's letter to Swain, written shortly after the conversation, and therefore a better exponent of what actually took place. It appears that Graham as Confederate Senator had far better means of knowing the real condition of the Confederacy than Vance had, and he, doubtless, as was his duty, gave him the whole truth. Even without the vindication of his letter, I should be very slow to believe that he ever advised Vance on his own responsibility to undertake separate negotiations with the enemy. For the consideration of a matter so delicate, serious, and dangerous, doubtless, he, as well as Vance, would wish the assembled wisdom of the State. And what he really advised, as his letter shows, was to call the Legislature together, so that, in secret session, upon full information, it might consider if the State and the several States of the Confederacy should as States make any propositions to the enemy.—Ed.]
After the Hampton Roads conference he had no longer any hope of a peaceful solution through the action of President Davis; from thenceforth he turned his thoughts to the accomplishment of the same end through the action of the States. The subject is often recurred to, but not an intimation can be found of any plan, except that of the States acting in conjunction. Very soon united action on the part of all became an impossibility; conquering armies had dismembered the Confederacy—had left indeed but two States that could act in concert. But his plan still embraced these two. March 26th, he writes as follows to Governor Swain: "I went to Raleigh to have an interview with the Governor on the subject-matter referred to in your letter. The result was a convocation of the Council of State to assemble to-morrow. The Legislature of Virginia has taken a recess until the 29th instant, and I think it very important that that of North Carolina should be in session as early as possible. The war is now nearly reduced to a contest between these two States and the United States!" In his letter of the 8th of April, which contains, as I think has been shown, the true account of the interview between Mr. Graham and Governor Vance, Mr. Graham says: "I told him I should attend the session of the General Assembly, and, if desired, would address them in secret session; that I had confidential conversations with a committee of the Virginia Legislature, which had taken a recess for ten days, and that it was important to act in concert with that body."
The surrender left the State under the control of the Federal generals and under the military law. According to the theory of the administration, all civil government had ceased; all the offices were vacant. The government, for a time, was such as a conquering army administers in a subjugated country. At length, to inaugurate a civil government the precedent for the admission of territories was partially adopted. A provisional Governor was appointed with power to call a convention. In execution of his powers the Governor made appointments to the vacant offices and issued a call for a convention. Mr. Graham was nominated for the convention; but it being announced by the executive, that persons unpardoned would not be allowed to take their seats, he withdrew from the canvass.
A constitution—the old constitution with some alterations—was adopted. Mr. Graham opposed its ratification. From his action at this time many of his best friends dissented. They admitted with him that a convention called, not by the people, but by a power ab extra and under limitations of suffrage unknown to the constitution, was an anomaly in American institutions. But certain changes were regarded as inevitable after the war, and, if the administration, then wielding supreme power over us, should rest satisfied with the changes thus made, it was conceived by them to be the wiser course to raise no question as to the manner in which the convention was called. But in Mr. Graham's view many of the ablest men in the State concurred, and the constitution was defeated. Certainly it seems more in accordance with the spirit of a great patriot to make continual claim, even if ineffectual, in behalf of the principles of government established by our fathers. Any mitigation which an abandonment of those principles might have obtained would have been but temporary; the principles themselves were for all time.
The Reconstruction measures were now passed. The former government was swept away. The whole power over the question of suffrage, that question which lies at the foundation of all representative government, and which, under the old constitution belonged to the States, save that Congress might pass uniform naturalization laws, was assumed and exercised by Congress. Suffrage was adjusted upon a new basis; all the black race was enfranchised, and a large portion of the white race was disfranchised. Under this adjustment, a new convention was called, and a new constitution adopted, the constitution under which we now live.
These measures, so extreme in their nature, were regarded while they were yet in progress by a large part of our people with a feeling little short of consternation. The government seemed wholly changed; the constitution irrevocably wrenched, if not destroyed. A profound apathy fell upon the minds of the people. A vast number ceased to take any cognizance of public affairs. They seemed to regard them, as removed forever beyond their control. In this state of things a convention of the conservative party of North Carolina was called. It met on the 5th of February, 1868, in Tucker Hall, in the city of Raleigh, and was presided over by Mr. Graham, who made the principal speech of the occasion.
The effect of this speech cannot be estimated. It aroused the people from their despondency; it animated them to new efforts; it went further, it infused into them the spirit with which the speech itself was instinct. From that day the Conservative-Democratic party dates its existence in this State as a regularly organized party; within a short time thereafter it gained possession of the Legislature and has held it to the present time.
The Convention of 1865 had directed that the Legislature should be convened. An election was accordingly held and the Legislature met in the winter of that year. Mr. Graham was unanimously elected for the county of Orange, but, being unpardoned he did not offer to take his seat. It was the universal desire of the people that he should represent the State in the Senate of the United States, when restored to its old relations. It was felt that North Carolina had no one more competent to vindicate her action or represent her interests. It was felt that she had no one who, by his balanced judgment, his temperance of feeling, his urbane bearing, would do more to mitigate the asperities which had been provoked by civil strife. He was elected by a large majority. Upon his election he repaired to Washington and presented his credentials. They were laid upon the table. He presented to the Senate a manly and respectful memorial; but he was never permitted to take his seat. The spectacle presented by the exclusion from public affairs of a man of his antecedents, while so many who had an active agency in bringing on civil strife had been promoted to high station, arrested attention everywhere. Many of the most eminent men in the Northern States used their best efforts for the removal of his disabilities, without effect. Political persecution, set on foot by parties in his own State, pursued him until it was placed beyond all human probability that he should ever enjoy the honors for which the State had destined him. When that had become a certainty, to wit, in 1873, his disabilities were removed. What reflections arise, as we recur to this passage of his life! Mr. Graham had clung to the Constitution until the rising tide of secession had flowed around and completely insulated his State; to this ancient ark of our fathers he again clung when after the war the waves of political enthusiasm inundated the country and the constitution. Yet he was left stranded, while many of those who had fanned the tempests of both found secure anchorage. But we look beyond to-day. The things seen are temporal in more senses than one. The impartial tribunal of posterity rises up before us. Then, when the actors of to-day are weighed in even scales; when the influence of passion and prejudice is unknown, then will the consistent devotion to principle, by which his conduct was always actuated, receive its due meed of admiration and applause.
In the year 1875—upon the 4th of February—he presided over a meeting held in Charlotte to take steps for the proper celebration of the centennial of the Mecklenburg Declaration of Independence. Some writers of ability had seized upon that event, and in that spirit of historical skepticism so rife in our days, had undertaken, out of a few minor discrepancies, to deny the genuineness of the Declaration, or that any meeting was held on the 20th of May. Mr. Graham had been often solicited to place that event upon its proper basis. He had heard it often talked of at his father's fire-side; he knew all the traditions connected with it; he had known and talked with many of the subscribers of that declaration; he was well acquainted with public opinion regarding it, in that section where the event occurred, down to the date of its publication in 1820. For a long time motives of delicacy, growing out of his connection with some of the principal actors, restrained him. But at that time, all the actors had passed away; they could no longer be heard; and a just regard for their fame urged his acquiescence. He embodied his vindication in the form of an address which he delivered on this occasion. No fair synopsis of that address is possible; it is a solid, compact argument which would be greatly impaired by any attempt at abridgment. Let it suffice to say that the evidence is arrayed in the spirit of the philosophical historian, and with the skill of a lawyer. It will not put to silence the mere caviller; no amount of evidence will, on this or any other subject; but the candid inquirer will rise from its perusal with the conviction that few events in history rest upon a firmer foundation than the Mecklenburg Declaration of Independence.
Mr. Graham left behind many literary essays, but none which were prompted by mere desire for literary distinction. His efforts of this kind were all the result of passing events; all the fruit of hours snatched from an absorbing profession. Yet if collected together they would form a considerable volume; and if we consider their contents they give a high idea of the intellect which could find its relaxation in such labors. The dominant feeling of his life was loyalty to the State and her institutions; hence the subjects usually selected by him were drawn from her history.