Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1863-02-04
sREMARKsoF Err. GRAHAm.

Governor with the accompanying documents:
Mr.. Graham said, he desired to offer few re- |
marks on that portion of the message which per.
tanned to the arrest abduction from the State, and
subsequent surrender on the demand, ordered by
the Legislature of R. J. Graves, of Orange County.
Sir, said Mr. g., when had the honor to address
the Senate on the adoption Of the resolution direct
ing the demand to be made, REMARKED, that coald
not believe proceeding SO vioatve of the rights of
the citizen, so contemptuous of the dignity and
sovereign authority Of the State the seizure and
deportation of Mr.. Graves, could have been sane.
toned by the approvalof the President or the bead
of the War Department. Without reference to the
question of guilt or innocence no citizen of North
Carolina, not subject to the articles. of wat be
deprived of his lberty-much less transported be-
yond her limits for accusation and trial in foreign
jurisdiction, without q warrant issued by her
thorty, upon the affidavit Of prosecutor, who thus
renders himself liable for false or malicious charge,
according to the old and manly spirit of the common
law.
am grati6ed to learn from the letter Of the Sec
rotary that my supposition was correct that neith
er the President nor himself had knowledge of the
proceeding in question: until he was informed Of the
confinement Of Mr.. Graves in military prison in
Richmond. 1t is matter of still higher gratifica
ton that the Secretary frankly admits the erroneous
nature of this arrest and imprisonment-says mis-
take was committed-returns the prisoner, and dis
claims all intention to interfere with the rightfu .
risdiction of the State. Such sentiments eyince
becoming respect for State authority and an en-.
ightened comprehension of the relations between the
Confederate government and the States; are alike
creditable to the head of the department and the
government which ne represents; and at the same
time justify the promptness and decision of the Cen
eral Assembly in requiring the wrong done to the
violated sovereignty Of the State to be corrected and
the citizen to be restored to the condition in which
he was before the injury to him was perpetrated
regret that the communication of the Secretary
did not stop here Upon the return of Mr.. Graves
to North Carolina, he was, by her Executive sent
before one Of the Judges of the State for an exam
nation of his case which has not yet been disposed
Of; and as it is to be the subject of judicial INQUIRY
every thing which tends to PREJUDICE him, or fore
stall public opinion in relation TO-. his conduc ia
unjust to him, and, in circumstances where the law
can exercise control, is illegal The Secretary. in
palation or excuse Of the conduct of the officers ma
king the arrest, which confessedly admits of no
justification. has gone into recital of what he is
advised IS the evidence against the prisoner Hav-
ing been retained by the congregation of Mr. Graves
as his counsel in the pending judicial investigation,
although refused to occupy this relation, until his
person was returned to the rightful jurisdiction of
the courts of justice, have been somewhat reluc-
tant to speak of his here lest it might be sup
posed to be done with the bias of an advocate But
feel that it becomes some one in this public place,
to correc: at once certain erroneous impressions,
which may be made by portions of this supposed
evidence, and to dsabuse the public mind of the
prejudice they may engender; and that it would he
criminal delinquency in the Senator representing
the district Of which Mr. Graves is aresident and Of
which his congregation are among the most intelli
gent and respectable inhabitants if he failed TO see
this duty performed. The course of portion of
the public press Also in remarking upon this case
one of which, believe, has gone far as to express
its regret that the Confederate authority yielded to
the just demand of the Legislature, requiring his
return-renders this duty still more imperative.
In the foreground of every narrative of the case,
including the statement of the Secretary of War; is
the authorship by Mr.. Graves of an article publish
ed in the Richmond Enquirer, early in November
last This is the head and front of bis ofense; and
presume it may be taken for granted that it this
publication had not been made, Mr.. Graves would
not have been arrested. Now sir, how is he mo
guilty in that regard or so far as this article is con
oerned than the publishers Of that paper. friend
Of mine, regular reader Of the paper, informs me
that the publication was accompanied BY editorial
comments, complimentary or thankful to the author
for the communication In fbels whether reflect
ing on personal character or calculated to excite
sedition the publisher is guilty as the author !;
and for the obvious that the seditous, or II
you please, reasonable matter, was harmless until
its diffusion by publication.
Whv. then. were not tue puUISucIS VI Iuat pdpeI
dealt With by arrest and Imprisonment, as Graves
WASP I suppose it was, that from personal &C
ousintance or inquiry, the military police officers
Who made this arrest were satisfied that they had
no dsloyal intention in making the publication.-1
A like charity towards the author, and just re-
spect for the civil rights of the citizen, might have
discovered that he as innocent as the publish
era II any pains had been taken to inquire into
the affair. and information had been sought from
respectsbe sources in North Carolina, the evidence
would have turned out to be quite satisfactory
Sir. it 30 happens that third party has interviewed
in this business Mr.. William j. Bingham, gen.
tleman rs eminent for truth, virtue, and jealous
patriotism, rs for scholarship which attracts to
him pupils from more than half the States of the
Confederacy-in whose neighborhood, society and
employment as pastor Mr.. Graves has resided for
the last three or four years; this gentleman, ma
tive of the State, who for more than the third Of
century has kept up Seminary, which has been
to North Carolina and large part of the Southern
States, what Eton or Westminster has been to Eng
land-the place where those trained for useful and
honorable employments, received the first rudi-
ments Of their education, has deemed it his duty,
as an act of Justice to Mr. Graves to publish coin
munication in the Central Presbyterian newspa-
per printed in Richmond, which have read, and
regret that have it now before me- to read to the
Senate in which hes states in substance, that this
famous article in the Richmond Enquirer had its
origin in this wise: From the conversation OF Mr.
Graves after his return from the North, as to the
preparations being made by the enemy for the pros
ecu,ion of the war, and the apparent determination
in that country to carry it On, Mr.. Bingham was
inapsessed With the opinion that the South was not
sufficiently aroused to sense Of its danger, and
prevailed on Mr. Graves to prepare this article for
publication, in order to induce greater activity and
, energy in preparations on our part-that it was
accordingly written Mr.. Bingham received it from
Mr.. Graves, committed it to the post office, ad-
! dressed to the Richmond Enquirer, and paid the
i postage; and in his own language, he takes all
the responsibility for the article" And take the
liberty to say. that any one who shall seriously
7; question the character Of William D. Bingham tor
! truth or patriotism, will forfeit his own, among
:. those who know both parties.
L Z alciYla