Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
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.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account