USA > North Carolina > Biographical history of North Carolina from colonial times to the present; > Part 23
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he moved to a farm near Halifax, where he lived for a num- ber of years, removing to Raleigh in 1848. From the time of his removal to Halifax, throughout his life, he enjoyed a large and lucrative practice.
He was early an aspirant for political position, declaring him- self a candidate for the House of Commons in 1828, but he was defeated. He had in 1824 been a supporter of Crawford of Georgia for the Presidency, who represented the old Republicans, and he became strongly opposed to the leveling and, as he be- lieved, agrarian tendencies of the Jacksonian Democracy; and upon the formation of the Whig Party, he cast his fortunes with Henry Clay. In 1836, after his removal to Halifax County, he was chosen representative of that county in the House of Commons. At this session of the Legislature he took a prominent part in the work of the committee on the revisal of the statute law. His ap- pointment on the committee was in recognition of his knowledge of law, which was unusual for so young a man. At this session he supported a bill for the aid of the Wilmington and Raleigh Railroad Company, and in consequence was strongly opposed in the next campaign and defeated by one vote. But he was again elected in 1840 and for two successive terms. In the work of these sessions he took a prominent part, particularly on the Judiciary Committee, of which he was chairman in 1844. His course during his legislative career was such as to win the respect and admira- tion of those with whom he came in contact. His acquaintance with the people of the State increased and at the same time they commenced to realize his ability in his profession. Throughout his entire legislative career he was a strong friend of internal im- provements, realizing, with the keen and practical business in- stinet which he applied to the solution of every question, that noth- ing could so build up the State as adequate transportation facili- ties. In 1844 he was chairman of the Committee on Internal Im- provements. In 1840, in the famous debate on the question of the right of the State Legislature to instruct the United States Senators, he took the ground that it was not within its province, as the Senators were responsible to the people alone. He was a
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firm believer in public education, and in 1840 favored the Worth Common School Bill, which provided for public schools on the basis of Federal instead of white population. He made a very eloquent and powerful speech in support of the bill, and was of great service in securing its passage. He also realized the re- sponsibility resting upon the people of the State in regard to the care of the unfortunate, and in 1840, as spokesman for a com- mittee, introduced and argued a bill providing asylums for the insane and for orphans. In 1846 he declined to be a candidate for re-election.
In 1848 Governor Graham appointed him to the office of At- torney-General to fill the vacancy caused by the resignation of Edward Stanly, and the same year he was chosen by the General Assembly for the ensuing term.
In 1851 the Legislature made provision for a revisal of the statute law of the State. Asa Biggs, B. F. Moore and R. M. Saunders were chosen as a commission for the purpose. Mr. Moore's experience in the Legislature in regard to the earlier revisal, as well as his wisdom and learning, made him particularly valuable as a commissioner, and it is not unjust to the other com- missioners to give him the greatest amount of credit for a most valuable piece of work, judged not only from a legal, but from an historical point of view. His was the guiding hand of the com- mission and his work on the revisal of 1854 alone would entitle him to distinction in the history of North Carolina.
Learned in statute law, Mr. Moore was at his best in the com- mon law. Always a close student, while still a young man he be- came a profound lawyer and the equal in knowledge and ability of any in the State, and this at a time when great lawyers were not uncommon in North Carolina. He proved his ability in many cases, but he first made a lasting reputation in the case of The State v. Will .* Mr. Moore's argument in that case is regarded as without a superior in the history of the State. In this connec- tion another great case in which Mr. Moore took a prominent part may be mentioned, although occurring at a much later period in
*For this case see I Devereux and Battle, North Carolina Reports.
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his life. This was the Johnston Will case, in many ways the most famous case ever tried in North Carolina. The will of Mr. James Johnston, of Edenton, was contested by his relatives on the ground that he was insane when the will was made. The case was tried in Chowan in February, 1867, and lasted for nearly four weeks. An array of the most distinguished lawyers in the State was pres- ent. Among them may be mentioned ex-Governors Graham, Vance and Bragg for the contestants, and B. F. Moore, Judge R. R. Heath and Edward Conigland for the will. Mr. Moore, in a most able way, conducted the cross-examination of the contestants' witnesses, of whom former Surgeon-General Hammond was regarded as the most important, and whose testi- mony made a great impression. Mr. Moore, however, secured from him the admission that he was receiving a professional fee for his services as a witness, and so destroyed the effect of his testimony. Mr. Moore's speech in the case, also, was very power- ful. The verdict in the case sustained the will, as did the decision of the Supreme Court on appeal.
In manner Mr. Moore was inclined to be somewhat austere, and consequently he won the reputation of being very stern and cold. But his intimate friends and his family knew the falsity of any such estimate. He was a tender husband and a devoted father, combining with his affection a wise forethought for the welfare of his family. In his social and business relations he was plain spoken and utterly fearless, if once he was convinced that he was right. Principle was always of first consideration and im- portance. He appreciated to the fullest extent the regard and ad- miration of the public, but never sought popularity for its own sake. He was never widely popular, but he was universally re- spected and admired for his ability and character. He could have been elected to any judicial position in the State, but would never consent to consider such a suggestion, preferring to continue in the practice of his profession, particularly as he felt that with his large family he ought to make some adequate provision for the future. In religious matters Mr. Moore affiliated with the Epis- copal Church, and though not himself a communicant was in-
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sistent on the faithful discharge of its duties by all the members of his family.
Mr. Moore viewed with alarm and disgust the approach of war. By education and from conviction he was a believer in the inde- structibility of the Union and never conceded that the right of secession could exist. In 1860 he wrote his daughter : "I would not impress upon you that the South has no cause of complaint. She has many, but if for such a cause a people may quit their allegiance, there then can be no durable Union." He refused in 1861 to become a candidate for election to the Convention, but accepted an appointment on the Board of Claims for which the Convention made provision. This constituted his only assistance to the Southern cause. Mr. Moore made no secret of his belief that the war was wrong, but suffered no injury for his opinion. Soon after the war began Judge Asa Biggs, who had formerly been judge of the Federal Court, but was now on the Confederate bench, opened court in Raleigh. Mr. Moore had a great many cases and went into the court-room at the opening of the term. He had scarcely taken his seat when Judge Biggs directed that the oath of allegiance to the Confederate States should be admin- istered to the members of the bar present. Mr. Moore gathered up his papers and left the court. Nor did he return. He, how- ever, practiced in the State courts where no oath was required.
When finally the war closed, in 1865, he was ready to do his . part in the restoration of the State to its normal relations with the United States. President Johnson indicated that he would be glad to have Mr. Moore, among others, come to Washington for a consultation in regard to North Carolina affairs. Accompanied by ex-Governor Swain and William Eaton, he went to Washing -. ton in May. An interview with the President was arranged by John H. Wheeler, and on May 22d they met him at his office. The President explained to them his plan of reconstruction, showing them the amnesty and North Carolina proclamations. Mr. Moore read both carefully and then denounced the plan with decision. He especially opposed the exception of certain classes from the benefits of the amnesty, particularly applying to those worth
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$20,000, denying the power of the President. He denied also the power of the President to appoint a Governor and through him to call a convention of the people. He asked him where he got it, and upon the President's replying, "Article IV., Section 4 of the Con- stitution," said, "But the President is not the United States." He suggested that the State could take care of herself by her own citizens, urging that the speakers of the two houses of the General Assembly should be allowed to summon a special session of that body to call a convention of the people which should repeal the secession ordinance and restore Federal relations. The President asked what could be done if the Legislature, after he had recog- nized it, should refuse to make the changes which were deemed necessary. Mr. Moore assured him that there was no member of that body that could not be led back into the Union "by a silken thread." Mr. Moore was very caustic in his remarks and became very fiery as the discussion went on, at one time walking over to President Johnson and shaking his finger at him by way of em- phasis. The President was very dignified but very good-natured, and took Mr. Moore's excitement in good part, refusing, however, to make any change in his plan, which indeed was the plan prepared by President Lincoln and agreed upon by Lincoln's cabinet.
The next day the three gentlemen, again accompained by John H. Wheeler, went to see the President again. With him they found another delegation from North Carolina, headed by William W. Holden, the editor of the Standard, who had been summoned by the President some time before and who had invited the others to accompany him. They were R. P. Dick, Willie Jones, W. R. Richardson, J. H. P. Russ, W. S. Mason, Reverend Thomas Skinner and Doctor R. J. Powell.
The President showed them his two proposed proclamations, with the name of the provisional Governor omitted in the one pro- viding for the restoration of North Carolina; and after the new delegation had expressed their approval of the plan, he stated that he would appoint as provisional Governor the person they might nominate. He then left the room. Mr. Moore was at once called
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to the chair, but refused to take any part in the proceedings and left the room, accompanied by Messrs. Swain and Eaton. Those that remained nominated Mr. Holden, who was appointed by the President.
Mr. Moore was elected to the Convention of 1865 as one of the delegates from Wake County and took a leading part in the de- bates of the body. He drew the ordinance, which was afterward adopted, declaring that the session ordinance of May 20, 1861, was and always had been null and void. That ordinance repealed the ratifying ordinance of 1789, and declared the Union existing be- tween North Carolina and the other States severed by that repeal. In the sharp debate on the matter he made a strong speech, declar- ing that he favored the ordinance because it preserved the right of citizenship in the United States for citizens of North Carolina, and that otherwise it might be destroyed. He also favored de- claring vacant all State offices, opposing the theory held in the decision of the State Supreme Court in the case of Hoke v. Hen- derson, that the holder of an office had a right of property therein, and quoting the decision of the Supreme Court of the United States in the case of Butler v. Pennsylvania, which was exactly to the contrary. He held that a convention of the people was not bound by any State Court, but only by the United States Supreme Court, and this view was agreed to by a majority of the Conven- tion. Concerning the war debt, the other important subject of dis- cussion in this session of the Convention Mr. Moore was uncertain. He thought that the Convention should delay final action until the whole matter could be investigated and the mind of the people, as well as of the delegates, cleared of any doubt. His upright nature and business sense made him opposed to repudiation on principle. But he took little part in the debate until a telegram, sent by the President, in response to an exceedingly misleading one from Governor Holden, was received by the Convention, demanding the instant repudiation of the whole war debt. Then it was that Mr. Moore's opinion became to an extent settled. He was op- posed to Federal interference, and on the floor of the Convention criticised the President sharply for sending the message, and ad-
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vised that the Convention should refuse to accept his dictation. But his efforts were in vain and repudiation followed.
In the Worth-Holden campaign of 1865 Mr. Moore, while not an admirer of the latter, was opposed to a contest and refused to oppose him. He gives his reasons for fearing a division in the following extract from a letter to Tod R. Caldwell :
"A division, placing the Unionists on one side and the Secessionists on the other, will lead to a breach made wider and deeper every day, until the extremest partizan on either side will become the most powerful man of his party and the most dangerous to the quiet and prosperity of the State. With such tools as these, we shall be sure to dig up negro suffrage and worship it as many did the cotton bag."
Under an ordinance of the Convention, Governor Holden ap- pointed Moore, W. S. Mason and R. S. Donnell to suggest such changes in the laws of the State as were made necessary by the emancipation of the slaves, and to draw up a code in reference to the freedmen. Their report, written by Mr. Moore, was an able and elaborate discussion of the whole subject. It is too long even to give a summary of it here, but it was the most liberal Legisla- tion proposed by any Southern State in regard to the freedmen. It made all the laws, with two slight exceptions, apply equally to both races, recognized the citizenship of the freedmen as dating from emancipation, and gave them the full protection of the laws in the courts. All the legislation suggested, with but little amend- ment, was adopted by the General Assembly of 1866.
. In May, 1866, the Convention met in adjourned session. Most of the session was spent in reconstructing the State constitution. The draft proposed to the Convention embodied most of the old constitution with certain additions and amendments. Its arrange- ment was the work of Mr. Moore, and throughout the debates he was its strongest defender. To him was largely due its adoption by the Convention. It was a much more compact and finished in- strument than the original constitution and the amendments were all improvements. When submitted to the people it was opposed by many on the ground that the Convention, called as it was by the President of the United States, for the purpose of restoring
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the State to the Union, had no legal power to alter the fundamental law of the State. Judge Thomas Ruffin and Judge M. E. Manly were the most conspicuous and influential of its opponents, and to their influence, probably, was due its rejection by the people.
Mr. Moore was not in sympathy with the party in control of affairs in North Carolina from 1866 to 1868. Nor was he in sym- pathy with the radicals. When the reconstruction acts were passed he believed them unconstitutional, but he refused to take part in the conservative movement, as he thought there should be a convention of the people to settle the questions which were then at issue. But when the Convention met and he saw its char- acter and tendencies, he was convinced that but little good could come out of it ; and this view was confirmed when its debates were concluded and the new constitution completed. Regarding this, he wrote his daughter in 1868: "It is in my view, with some ex- ceptions, a wretched basis to secure liberty or property. The leg- islative authority rests upon ignorance without a single check, ex- cept senatorial age, against legislative plunder by exorbitant tax- ation." Concerning the Republican candidates at the first elec- tion under it, he said in the same letter : "The Radical Party pur- poses to fill our Congressional representation with those men re- cently introduced from other quarters of the United States, and to impose them upon us through the instrumentality and league of the ignorance of the State ; nor have they stopped there -- they have proposed for the administration of justice in our Superior Courts men whose knowledge of law is contemptible and far be- low the requirements of a decent county court lawyer. The party has had no regard, unless where they thought they would increase their strength, for the selection of a single man of worth or in- telligence for any office, however high might be the qualifications demanded for it."
Mr. Moore's fears in regard to the character of the new Govern- ment were confirmed in 1869, when certain justices of the Supreme Court took part in a political demonstration of the Republican Party in Raleigh. Mr. Moore, as "Father of the Bar," of North
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Carolina, wrote a protest which seems well worthy of quotation in full. It is as follows :
"A Solemn Protest of the Bar of North Carolina Against Judicial In- terference in Politica! Affairs.
"The undersigned, present or former members of the bar of North Carolina have witnessed the late public demonstrations of political parti- zanship, by the judges of the Supreme Court of the State, with profound regret and unfeigned alarm for the purity of the future administration of the laws of the land.
"Active and open participation in the strife of political contests by any judge of the State, so far as we recollect, or tradition or history has in- formed us, was unknown to the people until the late exhibitions. To say that these were wholly unexpected, and that a prediction of them by the wisest among us would have been spurned as incredible, would not ex- press half of our astonishment, or the painful shock suffered by our feel- ings when we saw the humiliating fact accomplished.
"Not only did we not anticipate it, but we thought it was impossible to be done in our day. Many of us have passed through political times al- most as excited as those of to-day; and most of us recently through one more excited; but never before have we seen the judges of the Supreme Court, singly or en masse, moved from that becoming propriety so indis- pensable to secure the respect of the people, and throwing aside the ermine. rush into the mad contest of politics under the excitement of drums and flags. From the unerring lessons of the past we are assured that a judge who openly and publicly displays his political party zeal renders himself unfit to hold the 'balance of justice,' and that whenever an occasion may offer to serve his fellow-partizans, he will yield to the temptation, and the 'wavering balance' will shake.
"It is a natural weakness in man that he who warmly and publicly identi- fies himself with a political party will be tempted to uphold the party which upholds him, and all experience teaches us that a partizan judge can- not be safely trusted to settle the great questions of a political constitu- tion, while he reads and studies the book of its laws under the banners of a party.
"Unwilling that our silence should be construed into an indifference to the humiliating spectacle now passing around us, influenced solely by a spirit of love and veneration for the past purity, which has distinguished the administration of the law in our State, and animated by the hope that the voice of the bar of North Carolina will not be powerless to avert the pernicious example, which we have denounced, and to repress its contagious influence. we have under a sense of solemn duty subscribed and published this paper."
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This, signed by Mr. Moore and one hundred and seven other lawyers, was published in the Daily Sentinel of April 19, 1869. The Supreme Court, on June 8th following, ordered that the twenty-five attorneys who had signed it and who were then prac- ticing attorneys before the Supreme Court should be disabled from appearing until they should show cause to the contrary. The rule was served upon B. F. Moore, Thomas Bragg and Edward G. Haywood only. Messrs. Battle, Person, Fowle, Barnes and Smith appeared for them, and the question was argued before the Court. The respondents claimed that while they had intended to express their disapproval of the action of certain members of the Court, they had not intended to injure it or bring it into contempt, their sole purpose being to attempt to preserve the purity of the Court and to protect the administration of justice in the State. After this disavowal and the payment of costs, the rule was discharged and the respondents excused. Mr. Moore's view of the matter, as expressed to his daughter Lucy, is interesting. He said :
"While I rejoice that my course is sustained by all the virtuous and sensible, yet I weep over the degradation into which the Court has plunged itself and the liberties of freemen. I had no purpose to degrade the Court; God knows that my only object was to purify and elevate it.
"The conduct of individuals composing the Court was unbecoming the judges, according to my judgment, founded upon all the past examples of the enlightened men who had adorned our annals. I saw that if such con- duct should be tolerated and become common. the judiciary would sink into partizan political corruption. I felt it my duty as the oldest member of the bar to lift my wavering voice against the pernicious example. I did so as an act of duty. I feel now still more sensibly that it was my duty. I made no sacrifice in doing my duty. The ordeal I have passed through has made me proud of my position. I felt that I was called to account for having rebuked a great vice, for having discharged fearlessly a high and noble duty, and I was prepared to come off more than conqueror. I feel no stain on my name. There is none. I am cheered by every lawyer and gentleman I have heard speak, without as well as within the State. Every man of sense ridicules the opinion of the Court. It is without law to sustain it. contradictory, despotic, spiteful and malignant. It is the common sport of every man. I wish that I could have saved the Court from the degradation into which they have fallen, but it was bent on re- venge and lo! they have fallen into their own pit."
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When Governor Holden was impeached Mr. Moore was sought by each side as counsel, but declined to appear. He was, however, in favor of impeachment and wrote his daughter the following in regard to it: "Holden's impeachment is demanded by a sense of public virtue and due regard to the honor of the State. He is an exceedingly corrupt man and ought to be placed before the people as a public example of a tyrant condemned and punished."
After this time his practice was largely in the Federal Court. In 1871 his son-in-law. John Gatling, became associated with him in his practice.
Mr. Moore died at Raleigh, November 27, 1878. In his will he bequeathed one hundred dollars to each of all his former slaves living in North Carolina ; he also remembered generously the Uni- versity of North Carolina, the Masonic Orphan Asylum, and the Grand Lodge of Masons. Of this fraternity he had been a loyal and devoted member for many years.
He rests in Oakwood Cemetery in Raleigh with this fitting in- scription above him :
BARTHOLOMEW FIGURES MOORE, LL.D.
Born January 29, 1801 ; Died November 27, 1878. Citizen, Lawyer, Statesman.
To himself, his family and his country he was true; to evade a duty was to him impossible; in the discharge of duty he was diligent. Difficulty intensified his effort. Danger rendered his resolu- tion more firm. A devoted son of North Carolina. A never-failing friend and liberal benefactor of her interests. An uncompromising foe to oppression. A profound jurist and a fearless patriot.
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