John A. Graham to Thomas Jefferson, 23 February 1823
From John A. Graham
New york. Feby 23d 1823—
Most Venerable and Respected Sir
Permit me the honor of presenting you, with the Inclosed Speach—as a Specimen of my Bar=talents—my love of liberty—and humanity—Should the sentiments therein contained meet with the Approbation of the Man, whoes, dareing and luminous pen drew the decleration of American Independence—it would be more flattering to my feelings, than any one event, I have ever experinced in the whole course of a long life.
I have nothing so good to add; as to Assure you, I pray that you may long enjoy health, and happiness, without a Sigh; and that a tear may never fall upon your cheeks.
I am—
| John A, Graham | |
| —No 298 | —Broad=way— |
| —N. York— | |
RC (DLC); adjacent to closing and signature: “To Thomas Jefferson Esqr &c &c &c:”; endorsed by TJ as received 4 Mar. 1823 and so recorded in SJL. Enclosure: Speech of John A. Graham, LL. D. before the Court of General Sessions, Held at the City Hall, in the City of New-York, on Monday, Feb. 3, 1823 ([New York, 1823]), arguing, as counsel for Hiram Maxwell, who was charged with grand larceny for stealing a horse and gig, that prior to examining anyone accused of having committed a crime, a prisoner ought to be informed that they are entitled to counsel, that their confessions must be voluntary and not coerced, that they need not incriminate themselves, and that whatever confessions they do make may be used against them in a trial.
John Andrew Graham (1764–1841), attorney and author, was born in Southbury, Connecticut. He received a private education, entered a law office in 1781, was admitted to the Connecticut bar four years later, and began practicing law in Rutland, Vermont. Starting in 1796 Graham spent three years in England and there wrote A Descriptive Sketch of the Present State of Vermont (London, 1797). After returning to the United States he again practiced law in Rutland before moving in 1803 to New York City, where he was admitted to the bar in 1805. Graham specialized in criminal cases and published his Speeches, Delivered at the City-Hall of the City of New-York, in the Courts of Oyer & Terminer, Common Pleas, and General Sessions of the Peace (New York, 1812). In 1823 he argued that testimony taken in private without the aid of counsel should not be admitted as evidence in a criminal trial, a principle that New York State incorporated in its legal code. Having befriended the English radical politician and philologist John Horne Tooke during his time in England, Graham authored Memoirs of John Horne Tooke, together with his valuable Speeches and Writings: also, containing Proofs Identifying Him as the author of the celebrated Letters of Junius (New York, 1828). He died in New York City (; [1803]: 157; Graham to TJ, 2 Jan. 1805 [DLC]; Graham, The Report of Hiram Maxwell’s Case, decided at the City-Hall of the City of New-York, On the 3d day of February, 1823; with the speech and doctrine advanced by John A. Graham, LL. D. [New York, 1823]; New York Herald, 30 Aug. 1841).
Graham sent a similar letter with the enclosed speech to John Adams on the same day (MHi: Adams Papers).
Index Entries
- Adams, John; works sent to search
- Declaration of Independence; TJ as author of search
- Graham, John Andrew; identified search
- Graham, John Andrew; letter from search
- Graham, John Andrew; Speech of John A. Graham, LL. D. before the Court of General Sessions, Held at the City Hall, in the City of New-York, on Monday, Feb. 3, 1823 search
- Jefferson, Thomas; Books & Library; works sent to search
- Jefferson, Thomas; Writings; Declaration of Independence search
- law; books on search
- Maxwell, Hiram; legal case of search
- Speech of John A. Graham, LL. D. before the Court of General Sessions, Held at the City Hall, in the City of New-York, on Monday, Feb. 3, 1823 (J. A. Graham) search