Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
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.
Public-domain text, read in full here on John Shaqi.
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