''Ivi'' ,1.' ' t t 'i '¦(•' 'j' , i! ' -¦ ' YALE UNIVERSITY LIBRARY Bought with the income ofthe ALFRED E, PERKINS FUND ¦2- THE HISTORY OF THE STATE OF GEORGIA From 1850 to 1881, EMBEACING THE THREE IMPORTANT EPOCHS : The Decade Before the War of 1861-5 ; The War; The Period of Reconstruction, WITH PORTRAITS OF TIIE LEADING PUBLIC MEN OF THIS ERA. By i. W. AVERY. COMPLETE IN ONE VOLUME. NEW YORK : BROWN & DERBY, PUBLISHERS, 21 PARK PLACE. PREFACE Whatever may be thought of the estimate of men or dis cussion of events in this book, the fact will stand unchal lengeable that no volume ever had richer material for the Historian's pen. It has been a labor of love to portray this dear and powerful mother State of ours, and I have felt that no one could do a better service to her people than to show her to the world as she is. There is no true Geor gian who will not thrill with pride at the portraiture of individual manhood and state majesty. And whatever of criticism may be justly due to an imperfect execution of a good aim will be tenderly softened by the home reader's perception of the author's conscientious desire and faithful attempt to present the great reality of our matchless com monwealth. The general reader, lacking the stimulus of state interest, can yet find an ample theme, for study and admiration in the decisive agency of Georgia upon those massive questions of slavery, secession and reconstruction, which have shaped the affairs of this nation for the last half century. No na tional record of the colossal events, belonging to that mo mentous period of human civilization, can be complete or intelligible that lacks the potential impress of Georgia act and statesmanship. That this State furnished the molding PREFACE. spirits of the Southern Confederacy, and that the stupend ous endeavor at an independent nationality expired upon Georgia soil, must ever give to our Commonwealth the un fading interest and profound thought of all philosophical students of history. CONTENTS. PART I. THE DECADE BEFORE THE WAR OF 1861-65. CHAPTER I. Pagh. Georgia an Imperial Commonwealth, .... .... :i CHAPTER II. The Start of Governor Brown's Stro.vg Life, . . _ .... 7 CHAPTER in. Governor Brown's Marked Career AS A State Senator IN 1849, . . 16 CHAPTER IV. Herschell v. Johnson as Governor, . .... . .24 CHAPTER V. Governor Brown's Scratch Nomination for Governor in 1857, .... 31 CHAPTER VI. Brown Defeats Ben. Hill in a Hard Canvass, . 39 CHAPTER VII. Brown's Election as Governor the Precdrsor of a Striking Era of Change, .... • ¦ , 47 CHAPTER VIII. The Fiery Battle of the Banks, 58 CHAPTER IX. The Wat Governor Brown Gashed into old Customs, 68 CHAPTER X. The Spirit of 1858 in Georgia . .... 76 CHAPTER XI. Gov. Brown's Superb Public Endorsement and Renomination, ... 84 CHAPTER XII. The Gubernatorial Tussle between Gov. Brown and Warren Akin, . . 9,3 CHAPTER XIII. A TIoT Chapter of Gathering Revolution, ... . .... 10,1 yi^ CONTENTS. CHAPTER XIV. Page. The Fatal Split of the National and Georgia Democracy IN 1860, . . 114 CHAPTER XV. The M0.MENTOUS Close of the Last Year of Pisace, 1860, . .... 124 CHAPTER XVI. The Stubborn Battle in Georgia over Disunion, 135 CHAPTEE XVII. The Most Vital Chapter of Georgia History— Her Secession from the Unio.v, 143 PART II. THE BLOODY HARVEST OF WAR. CHAPTER XVIII. The Princely Prosperity Georgia Staked on the War, . . ... 161 CHAPTER XIX. The Rape of the Guns, 171 CHAPTER XX. The Birth OF THE Confederacy and the Shadow of War, 180 CHAPTER XXI. The Blazing War Fever OF THE FIRST OF 1861, . . . 191 CHAPTER XXn. The Precedent of a Century Overthrown, and Brown made Governor THE Third Time, 201 CHAPTER XXIII. Gov. Brown's Stormy Time with the Legislature op 18S1-2, . . . . 212 CHAPTER XXIV. The Organization of State Troops under Major-GeJneral Henry R. Jackson, 224 CHAPTER XXV. Brown and Davis in their Great Tussle over Conscription, .... 232 CHAPTER XXVI. A Gloomy Chapter of War's Ravage, .... 246 CHAPTER XXVII. The Increasing War Fever of 1863, ,58 CHAPTER XXVIII. The First Half of the Most Thrilling Year of Georgia Annals, 1864 268 I CONTENTS. IX CHAPTER XXIX. Page. Sherman Tears Atlanta from Hood, 281 CHAPTER XXX. Sherman's Peace Effort and Famous March to the Sea, 300 CHAPTER XXXI. The Closing Throes op THE Revolution, AND the Tragic End, .... 317 PART III. THE RECONSTRUCTION TRAVESTY AND A SUPERB REHABILITATION. CHAPTER XXXII. The Transition Period of Puke Bayonet Rule, 335 CHAPTER XXXIII. The Organization of the State Government under President Johnson's Plan, 345 CHAPTER XXXIV. The Second Iron-Handed and Whimsical Phase op Reconstruction, . . 357 CHAPTER XXXV. A Throbbing Chapter of Reconstruction Harlequinade, Ending with Gov. Jenkins' Removal, 369 CHAPTER XXXVI. The Feverish March of Events in 1868, 381 CHAPTEE XXXVII. The Famous Legislative Expurgation of the Blacks, 394 CHAPTER XXXVIII. Gov. Bullock's Desperate Endeavor to Ee-enact Reconstruction, . . . 407 CHAPTER XXXIX. A Burning Chapter of FoLLT AND Shame, 419 CHAPTER XL. The Twin Infamies of Prolongation and Financial Mismanagement, . . 438 CHAPTER XLI. The Downfall op the Reconstruction Regime, and Bullock's Resigna tion AND Flight . . . . ¦ 452 CHAPTER XLII. The Final Act of Joyous State Redemption, . . , , , . , 464 i CONTENTS. CHAPTER XLni. Page. Georgia's Famous Expurgation of Fraudulent Bonds, 475 CHAPTEE XLIV. The Administration op Gov. James M. Smith, ^^^ CHAPTEE XLV. Gov. Alfred H. Colquitt and his Magnificent Majority, 515 CHAPTER XLVI. Gov. Colquitt's Brilliant Financial Administration, 528 CHAPTEE XLVII. The Extraordinary Crusade of Hostility to Gov. Colquitt, . ... 537 CHAPTER XLVIII. The Powerful Historic Georgia Triumvirate, Colquitt, Gordon, and Brown 553 CHAPTER XLIX. Gov. Colquitt Recommended for Governor by the Most Extraordinary and Exciting Political Convention op Georgia Annals, . ... 568 CHAPTEE L. Gov. Colquitt's Overwhelming Re-election, 589 CHAPTEE LI. The Journalism and Literature of Georgia, 609 ' CHAPTER Ln. The Railroads, Resources and Future of Georgia, . , 631 APPENDIX. A. — Georgia Officers who Served in the Civil War in the Confed erate Service, 657 B. — Correspondence between Jefferson Davis, President of the Con federacy, AND Joseph E. Brown, Gov. of Georgia, on Conscrip tion, 695 C, — Original Communication of Mrs, Mary Williams, to the Columbus (Ga,) Times, Suggesting the Decoration Day Custom, . . . 715 ILLUSTRA.TIONS. LIST OF STEEL PLATE PORTRAITS. Page. 1. I. W. Avery, (Frontispiece.) 2. Joseph E. Brown, J£t. 29, 23 3. Jos. Henry Lumpkin, 54 4. C. J. McDonald, 76 5. Howell Cobb, Ill 6. H. V. Johnson 125 7. KoBERT Toombs, 140 8. Geo. W. Crawford, 150 9. Alex. H. Stephens, 181 10. E. A. NisBET 209 11. Henky R. Jackson 227 12. Jefferson Davis, 233 It. B. H. Hill 255 14. W. T. Sherman, 274 15. Joseph E. Johnston, 280 16. James B. McPherson, 282 17. W. J. Haedek, 313 18. C. J. Jenkins, 3.52 19. Joshua Hill, 398 20. O. A. Lochr.\ne 456 21. Hiram Warner, ,493 22. Thos. M, Norwood 494 23. Alfred H. Colquitt, 519 24. Campbell Wallace, 554 25. Joseph E. Brown, , 563 LIST OF ENGRAVED PORTRAITS. 26. W. H. Stiles 34 27. John E. Ward, 51 28. Mrs. M. Williams 242 29. A. R. Lawton, 294 30. Thos. Hardeman, 351 31. R. E. Lester, 400 12 illustrations. 32.33.34.35.36.37.38.39. 40.41.42.43.44.45.46. 47.48.49. 50.51.52.53.51.55. 56. 57. " Augusta Chronicle and Constitutionalist'. i Group, 610 PAGE. J. B. Gordon 506 James Jackson, 1 Martin J. CiiAWFonD, J- Supreme Court Group, 515 Alex. M. Speer, J A. O. Bacon, 523 L. J. Gartrell, 557 L. JST. Trammell 574 Patrick Walsh, A. R. Wright, Jas. R. Randall, Henry C. Moore, James Gardner, N. P. T. Finch, ] W. A. Hemphill, y Atla,nta, Constitution Group, 614 Evan P. Howell, J Chas. H. Smith, " Bill Arp." Joel Chandler Harris, " Uncle Remus." W. T. Thompson, " Major Jones." R. M. Johnston, Author "Dukesboro Tales," etc. C. C. Jones, Ju E. W. Cole, E. p. Alexander, Wm. M. Wadley, J. P. King, L. P. Grant, G. J. Fobeacre, Humorists, . 623 625 - Georgia's Railway Kings, 637 PART I. The Decade before the War OF 1861-5. CHAPTER L GEORGIA AN IMPERIAL COMMONWEALTH. A Leader in the august Sisterhood of States. — Ilei- Superior Individuality. — Her Adventurous Citizenship.— The Theater of Great Events.— The Most Potential Southern State iu the War of 1861.— Her Affluence of Public Men in the Last Quarter of a Century. — The Leading Instrumentality of Joseph E. Brown. The annals of no State in this expansive Union will show a record more illustrious, and also more picturesque in coloring, than our goodly Commonwealth of Georgia. She was one of the original colonies, the historic thirteen, that won independence in the forever famous revolu tion of 1776, and formed the basis of our present marvelous nationality. Founded in 1733 by that noble English gentleman, Sir James Oglethorpe, and embracing the princely scope of territory extending from the Atlantic coast to the Mississippi river, from which has been cut and formed several of our finest Southern states, Georgia has from that early day to the present maintained the luster of her origin, and illustrated in peace and war, in arts and arms, in achievement and states manship, in population and progress, the virtue, independence and power of a free, intellectual and Christian people. Among all of the great commonwealths of the Union, there. is, per haps, no single one as royally endowed by nature as Georgia. There are larger states, there are states surpassing her in individual lines of production, but in the possession of a lavish variety of resource, Georgia is the foremost. Whether we regard her versatile agricultural fertility, her varied mineral wealth, her manufacturing possibilities or her commercial advantages, she has them all in affluent profusion; and superadding to these a healthy climate ¦ ranging from the purest of mountain air to the fresh buoyancy of her ocean border, a prodigal possession of crystal springs and rivers, ahd scenery variedly picturesque, and it is no exaggeration to claim for her a leading position in the august sisterhood of the United States. Her career has had. a romantic character, befitting her superior individuality. Hers has been a continuously dramatic destiny. Georgia, from her founding in 1773, has made a luminous chronicle of eventful emprise and stirring incident. There seems to have been from the first 4 GEORGIA S BRILLIANT PUBLIC MEN. an adventurous quality in her citizenship that has shown itself in unusual accomplishment. She has exerted a marked influence in every line of her growth and phase of her progress. She has been the theater of startling surprises and great operations. Both in military and in civil matters she has had uncommon prestige and achieved striking experi ences. Especially in the wars that have convulsed the country has Georgia been conspicuous and brilliant. In both revolutions of 1776 and 18G1 her soil was the arena of momentous and deicisive movements, that gave her renown and imparted vital direction to the final result. In the great civil war, so fresh in our memories, she played a role that, take it all in all, was in some respects the most striking and eventful of any Southern state. It has been her fortune, both before and during the late war, to have conflicts of argument, involving fundamental principles in our government, with the national administrations, that have alike given the state celebrity and illustrated the independence of her state authori ties. The fact is that Georgia has antagonized every measure of the Federal Government, that has in her judgment encroached upon con stitutional law or individual liberty. The last thirty years, extending from 1850 to the present, have been a marked era in her history — an era remarkable for the momentous and tragic incidents crowded into the brief period of a little more than a quarter of a century. The agitation of the slavery question, that finally culminated in the attempted dissolution of" the Union and its tragic consequences, may be said in the compromise measures of 1850, to have taken -its first serious steps to the terrible end that came. It is the philosophy of compromise to procrastinate evil without curing it. And an inevitable conflict loses nothing of its savagery by abortive patch work. The decade from 1850 to the civil crash of 1861, was a period of unconscious preparation for the mighty struggle. And as no state took a larger or more vital part in the conflict than Georgia when the con flict came, so no state contributed more potentially to the influences preliminary to it in the ten years of seething revolutionary preface. Among the public men of national fame Georgia furnished some of the most daring thinkers, and famous orators of the day,— statesmen of large ability apd powerful public influence. Through her whole history Georgia has been particularly affluent in brilliant public men. It is doubtful whether she ever shone more resplendently in this wealth of gifted characters, than during the thirty years to which reference is made Our state affairs were, in the decade before the war, manao-ed with JOSEPH E. BROWN. 5 unusually brilliant skill, while in the national councils we had represent atives of surpassing prominence and force. Marking as this period of thirty years does, an era alike in the history ,of our state and the nation, distinctive and dramatic, in which there was not only a revolution of arms of vast magnitude, but an even greater revolution of thought and social and political systems, I have selected it for the theme of this book. Looking at the large number of able and influential men of Georgia who have figured and led in this important and dramatic period, the man above all others who has beeq more closely identified with the great events of this memorable epoch in Georgia and whose masterful individuality has ,been the most conspic uously impressed upon these events, is the calm face and slender figure of Joseph E. Brown. His public car.eer for a quarter of a century has been the history of his state. There is no year in this long episode of thriUing event that his instrumentality could be dropped out without creating an important blank in the picture, while no incident of the romantic record could be properly narrated that lacked the recounting of his powerful agency. From the day that, absolutely unheralded and almost unknown to the state, he was by a mysterious stroke of fortune' placed at the helm of state, he has been the moving power in public matters. If his ideas have been temporarily vanquished he has seen them ultimately triumphant. Affluent as the state has been in remark able men, it is a matter of material doubt if the annals of the common wealth can show a character of more brain and will than Brown — a public career more valiant and dramatic than his. Bold, able, clear headed, aggressive, placid, with unequaled powers of management, and an invincible method with the popular masses, he seized the public mind and impressed himself upon public affairs with as much force as any public man Georgia has ever had. Coming into public life when the state had a brilliant host of public men, illustrating her magnificently in eloquence, statesmanship and influence, "Joe Brown," as he has been familiarly called, immediately stepped in the very front, and has been ever since an imperious dominating leader. ' His public career has been a continuous surprise, bristling with dramatic alternations of popular admiration and odium, and almost uninterruptedly marked by triumphs of power clutched by marvelous exhibition of management in desperate political contests, largely flavored with the most earnest personal spirit. In all the varied vicissitudes of Georgia's history with some of the most impressive characters to dazzle public attention, it is doubtful if any public man of her annals has filled a larger measure of public thought, JOSEPH^ E. BROWN. or has taken a stronger hold upon the measures and times with which he has been connected, than this indomitable type of equipoised judg ment. In view of Gov. Brown being the central figure of the last quarter of a century of Georgia matters, I have deemed it not inappropriate to devote a couple of chapters to his early life, not only for the interest of the work, but to throw upon the heavy facts of our grave history the illustration of so vital an agency during this thrilling period. CHAPTER II. THE START OF GOV. BROWN'S STRONG LIFE. His Progenitors. — Born of Fighting Sires. — Gameful by Heredity. — A Boyhood of Toil and Close Living. — His Immigration to Historic Gaddistown. — The United States' Senate and Gaddistown. — The Famous Plow Bull. — Schooling in South Carolina. — A Pair of Steers for Board. — Remarkable Progress. — A Country School Teacher. — -Beads Law iu Resting Hours. — Dr. Lewis. — Brown's Fidelity to Friends — Admitted "to the Bar. — Goes to Yale College Law School. — A Practitioner of Law. The full name of Senator Brown is Joseph Emerson Brown. He is not a native Geprgian, but was born in the adjoining state of South Carolina, in Picke.ns., District, on the 15th day of April, 1821. He was therefore si.xty years of age April 15; 1881. His birthplace was near the home of John C. Calhoun, that apostle of the doctrine of States Rights. It was here that young Brown had imbibed with the tenacity of his determined nature Calhoun's theory of state government. And it will be seen how, when he became Governor of Georgia, these decided views of state sovereignty molded his official conduct, and led him to controversies that have become historic. It is not by any means uninteresting to trace in the life of this gentle man the ancestral qualities that came to him legitimately by hereditary transmission. His remote progenitors on the paternal side were Scotch- Irish Presbyterians, and way back in those dismal days of English history, when civil strife would seem to have culminated its horrors in the time of James the Second,* they faithfully adhered to the fortunes of William anfi Mary. Their home was in the vicinity of Londonderry, Ireland, and when that place was subjected to the cruelties of a length ened siege, the ancestors of Joseph E. Brown vindicated their courage and their fidelity by an unmurmuring participation in the sufferings of that occasion. In an exceedingly vivid sketch comparing " Joe Brown and Bob Tombs," " H. W. G," in the Constitution newspaper, thus alludes to Brown's progenitors : " Joe Brown and Bob Toombs ! Both illustrious and great— both powerful and strong- and yet at every point, and from every view, the perfect opposites of each other. " Through two centuries have two different strains of blood, two conflicting lines of thought, two separate theories of social, religious and political life, been working out o BEOWN AND TOOMBS. the two types of men, which have in our day flowered into the perfection of contrast — vivid, thorough and pervasive. For seven generations the ancestors of Joe Brown have heen restless, aggressive rebels — for a longer time the Tooml)3 have been dauntless and iutolerant followers of the king and kingliness. At the siege of Londonderry — the most remarkable fasting match beyond Tanner — Margaret aud James Brown, grand parents of the James Brown who came to America and was grand-parent of Joe Brpwn _ — were within the walls, starving and fighting for William and Mary; and I have no doubt there were hard-riding Toombs outside the walls, charging in the name of the peevish and unhappy James. Certain it is that forty years before the direct ancestors of General Toombs on the Toombs estate were hiding good King Charles in tlie oak at Boscabel, where, I have no doubt, the father and uncles of the Londonderry Brown, with cropped hair and severe mien, were proguing about the place with their pikes, searching every bush, in the name of Cromwell and the psalm-singers. From these initial points sprang the two strains of blood — the one affluent, impetuous, prod igal — the other slow, resolute, forceful. From these ancestors came the two men — the one superb, ruddy, fashioned with incomparable grace and fullness — the other pale, thoughtful, angular, stripped down to brain and sinew. From these opposing theories came the two types — the oue patrician, imperious, swift in action and brooking no stay — the other democratic, sagacious, jealous of rights and submitting to no imposition. The one for the king — the other for the people. It does not matter that the elder Toombs was a rebel in Virginia against the- fat George, for that revolt was kingly of itself, and the Virginian cavaliers went into it with love-locks fiying and care cast to the winds, feeling little of the patient spirit of James Brown, who, by his Carolina fireside, fashioned his remonstrance slowly, aud at last put his lifeupon the issue." In 17-45, Brown's ancestors emigrated to America. This was some thirteen years after the settlement of Georgia by Oglethorpe. They flrst settled in the colony of Virginia, but subsequently removed to South Carolina, where they became worthy citizens, keeping up their stern fidelity to patriotic duty. Joseph Brown, the grandfather and namesake of Senator Brown, was a resolute Whig in the days of the Revolution of 1776, and did his part gamefully in that memorable strife. He fought in many leading engagenjents, including Camden, Kings Mountain and others. He was true to the rebel instincts of the blood, and upheld the colonial cause until independence crowned the long and weary contest. Of the family of Joseph Brown the revolutionary sire, Mackey Brown, the father of Joseph E. Brown, when quite a young man sought a home in the state of Tennessee, in the middle section of that commonwealth of bountiful products. Following the intrepid impulses that came to him from his Londonderry progenitors, Mackey Brown enlisted in the war of 1812 in the brigade of General Carroll. He went with this com mand to New Orleans, and shared actively in all of the campaigns of that war, finally fighting with " Old Hickory " in the celebrated battle of the Sth of January, 1815, which resulted in the death of General GADDISTOWN. 9 Packenham, the British commander ; the defeat of the British army, and the election of General Jackson as President. It will thus be seen that Joe Brown comes of a fighting stock, and the unyielding combative- ness that has constituted one of the staple ingredients of his character, and a leading feature of his political life, is a quality of long-transmitted ' inheritance, perpetuated through generations of resolute blood and fiery trial. Mackey Brown returned from the war to Tennessee and married Sally Rice, whose people came from England and, settling in Virginia, emigrated to Tennessee. After the marriage, Mackey Brown and his young wife moved back to South Carolina to Pickens District, where, in the quiet pursuit of an agricultural life, eleven children were born, the oldest of whom was Joseph E. Brown. The early life of Joe Brown was uneventful. His parents were in moderate circumstances, and he grew up accustomed to farm labOr. He was educated in those simple habits of living, temperate, abstemious and healthful, from which in all the elevations of his extraordinary career he has never deviated. From the early age of eight he did steady farm work until he was nineteen years old, filling in the intervals with the ordinary country schooling. Before he was grown, however, Mackey Brown left South Carolina and emigrated to Union county, Georgia, where Joseph E. Brown made the humble beginning of his wonderful career in this state. The little valley near which they settled was called Gaddistown. Men make localities famous. It is the province of genius to thus emulate great events in conferring celebrity upon places. The-obscure little country place of Gaddistown has earned immortality through the poor uneducated boy that arrived there in his 'teens over forty years ago. When at the close of the most protracted political and personal campaign ever held in Georgia, in which he was a leader and factor, this penniless and unlettered boy become a millionaire in wealth, all won by his own strong industry and enterprise, grasped in his powerful hand the glittering honor of a United States Senatorship by such a majority as the most fortunate of men rarely get, the wondering populace, caught from its rural hiding place in the mountains of Georgia, far away from the whistle of the steam car, the modest locality of Gaddistown and made it a household word forevermore. Such is the spell of genius. In the badinage that flashed about the marvelous victory, Gaddistown bloomed into fame as the spot where the millionaire Senator plowed his historic bull in the days of his penniless youth, and made the modest 10 Iin.I. ARP'S EEMINISCENCE. starting of his miraculous career. The papers rang with the name of Gaddistown. In the brilliant breakfast room of the Kimball House, where a large number of Senator Brown's friends gathered to dine in honor of his overwhelming election that day, the Gaddistown Club was oraranized in tribute to the henceforth immortal Gaddistown. During these years of his youth up to the age of nineteen, young Brown learned nothing but the three R's, — reading, 'riting and 'rjthmetic, and these very limitedly. He worked laboriously, plowing his now historic bull, hauling wood to Dahlonega, selling vegetables in a basket to the hotel and others that would buy, and aiding in the frugal support of his father's large family. " Bill Arp," in one of his inimitable letters to the Constitiiticm., narrates the following interesting incident of the period of Brown's life, told him by Gen. Ira Foster: " When he got to talking about Joe Brown he stretched forth his arm and said that man is. a miracle. I knew his parents before he was born. They were exceedingly poor. His aunt Sidney did my washing when I was a young man living in Dahlonega some fifty years ago. " Joe .cultivated a little scrap of hillside land with a pair of bull calves, and everv Saturday hauled to town some potatoes or cabbages or light wood or other truck in trade, and took back something for the family. In 1839, I think it was, I was riding to Canton in a buggy, and I overtook a young man walking in a very muddy lane. He had a striped bag hung over his shoulder and looked very tired. I asked him if he would not take a seat, and he looked down at himself and said he was too muddy, and that he would dirty up the buggy. I insisted and he broke off a splinter from a rail and scraped his shoes and got in. I learned from him that his name was Joe Brown, and he was going to Canton to get something to do. I have kept an eye on him for forty years. He is a wonder to me." But there was a something in the youth that impelled him irresistibly to a higher and broader life, and his strong intelligence realized the necessity of a better educational equipment. There is no doubt how ever that in these years of youthful work were laid the foundation of those inestimable habits of patience, pains-taking industry, frugality, self-control, and a knowledge of and sympathy with the laboring masses that have so marked his career, and aided in his exceptional success. In the fall of 1840 he obtained his father's consent to make a new departure and gratify his craving for education. All that his father could do for the 'boy who was to carve out for himself so wonderful a fortune, was to give him some home-made clothing and a yoke of steers. With this modest endowment of worldly goods the youth went back to Carolina and entered the Calhoun academy in Anderson district prob ably drawn there by his reverence for the name and doctrines of Calhoun. The steers paid for eight months' board. The tuition was BROWN A LAAV STUDENT. 11 obtained on credit. It can be well imagined that a spirit so determined upon an education improved this oiJjDortunity to the fullest measure of an uncommon intellect. Returning to Georgia in the fall of 1841, the earnest youngster taught school for three months to get the means to continue his schooling, and went back in January 1842 to Calhoun academy, pursuing his studies by incurring debt for his tuition and board, A very successful and eminent teacher, Mr. Wesley Leverett, was in charge of Calhoun academy, and the bond of sympathy between him and his remarkable pupil was such, that when Mr. Leverett left tlie academy and removed to another school that he established' near Anderson Court House, the wise youth followed him and enjoyed his instruction during that year. The progress of young Brown in his studies was very rapid and marked. His strong practical mind, with its 'keen hunger for knowledge and its native superiority of application and mental labor, achieved astonishing results, delighting his preceptor. Liis money with which to pay board early gave out, but he readily obtained it on credit, there being no lack of friends to trust and encourage a spirit so bent upon an education. The extraordinary progress he made can be understood when it is known that in two years' study from the groundwork young Brown had fitted, himself to enter an advanced class in college. He had to forego college education, however, because he had not the means. In January 1844 Mr. Brown, at the age of twenty-two, returned to Georgia and opened an academy in Canton, Cherokee county. He had to repay the debts incurred in his education, and he fully realized the obligation that rested upon him. He opened his academy with six scholars, the number rapidly increasing to sixty as his admirable capacity for teaching was demonstrated. The school was popular. He taught the year through, devoting his days to his pupils and his even ings and Saturdays to laborious study of the law. This earnest young man wasted no hours. His mastery of the law was thorough and close. A methodical division of his time with the intensest attention while . at study enabled him to accomplish large results. As a teacher he wAs unusually, successful, and had he pur sued that vocation he would have made an eminent instructor. His' placid temper, great patience, .determined will, admirable tact and practical clear methods, fitted him finely to teach and control scholars.. At the end of the year he had made and saved enough money to pay off the entire debt incurred in Carolina for his education, and with that , scrupulous regard for his obligations that has distinguished the man 12 . BEOWN A YOUNG LAAVYER. always, he, made a special trip to that State and repaid to the last dollar every liability due for board and tuition. During the year 1845 he continued his law studies in Canton, teach ing the children of his friend and patron. Dr. John W. Lewis, for his board. The relations between Dr. Lewis and young Brown were very close and tender. It illustrates , a strong quality of Senator Brown's nature that in after years, when he became influential and had patronage at his disposal, he remembered his early benefactor and delighted tO honor him. Fidelity to his friends is a crowning quality of the man, and has been a large factor in his success. He ajjpointed Dr. Lewis Superintendent of the State Road, and afterwards Confederate State's Senator, when there was a vacancy in that high office. Gratitude is golden, and it belongs to Joseph E. Brown in a; remarkable degree. In August 1845, Mr. Brown was, after a searching examination of several hours, admitted to the bar. The jjresiding judge compli mented him highly ujjon his proficiency. He is said to have answered incorrectly but one question put to him by the examining committee of . lawyers, who seeing that they had an unusually well-informed applicant to 'test, made the ordeal as critical as they could. At this same term of the court the young lawyer made his flrst speech and won a host of encomiums alike from the bar and the audience. In that maiden effort he, according to the traditions of that day, gave specimen of the simple style of effective talk that made him afterwards so potential in speech while claiming no pretensions to oratory. He had a clear method of presenting his cause, a faculty of putting the irresistible common sense of the subject, and a homely, direct power of reaching the hearts of his hearers that proved wonderfully successful. Talking in Spring Place, Murray county, in 1866, at a term of the Superior Court there, with an old citizen and admirer of Brown, who had often seen him in the trial of cases, the citizen said that in many respects Brown was the most remarkable young lawyer he had ever known. He said he had never seen a young lawyer, nor an old one either, that did not some time lose his equilibrium. In the ups and downs of a trial, the most experienced were thrown off their balance by some unexpected testimony or some sudden and crushing reverse. But nothing could disturb Brown. His composure and self-possession were immovable. The worst disaster in a trial found him as cool and placid as a summer morn, with every wit sharpened to nulhfy it. This game quality impressed others profoundly, and gave him a great advantage in forensic battles. BROWN AT YALE COLLEGE. 13 Mr. Brown was now twenty-four years old, and had studied the law nearly two years and passed a rare examination in his admission to the bar. He was better equipped for practice than the majority of young lawyers. But he was not satisfied with his preparation. Having an exalted standard of professional success before him, and appreciating that to be a great lawyer a man must broaden and liberalize his mind, as well as be thoroughly initiated , into the fundamental principles of law and government. Brown resolved to enlarge and perfect his legal education. His staunch friend. Dr. Lewis, loaned him the money to carry out his purpose, and in October 1845, he entered thfe law school at Yale College and remained there until June 1846. His year of study at Yale was very valuable. His hard digging ft the law in the mountains of Georgia stood him in good stead in round ing off his legal education at venerable Yale. The mountain youth stood at no disadvantage with the youngsters of wealth at the old college. He took the lead easily in his classes. He found it a light matter with his strong native powers, fortified by two years of close legal application in his quiet rural home, to take all of the studies of the three classes, and keep up with them, and yet in addition, attend many of the lectures of the professors in other departments, as Professor Silliman on Chemistry and Geology ; Dr. Taylor on Mental Philosophy ; 'Dr. Knight on Anatomy, and others. He graduated at the commence ment in 1846 in the law school, but did not remain to take his diploma in person. In that practical spirit that governed him in all matters, he requested permission to stand his examination and leave in June, in ord&r that he might get the business benefit of attending the fall courts at home in Georgia. His diploma was sent to him. He located in Canton, and at the ripe age of twenty-five years he began the practice of his cherished profession of the law, and soon built into a lucrative business. Looking at Senator Brown's course preliminary to his beginning the practice of the law, there is a fine example for poor yottng men and a marked exhibition of that native sagacity that has governed his life. Commencing at nineteen years of age with but a light country school ing, he, of his own wise impulses, devoted six years to his education. His rare natural abilities were in the vigor of a youthful healthy man hood. He was ripe for the very best acquisition of learning and the most profitable training of his faculties. His powerful young mind was just in that age of maturity of the learning capacity, that made his studies doubly useful. This poor country youth was ^ tardy beginner 14 BROWN MARRIED. of life's practical business at twenty-five years of age, but he in reality possessed a perfection of equipment that few beginners have. Purity of habit and principle that secluded country life gives, habituation to severe ordeals of physical and mental labor, a long course, of legal education finished at the finest law school in the country, and a social and mental intelligence of unusual grasp capped and widened and polished by the collisions, the culture and worldly knowledge of a year at a cosmopolitan college, all were young Brown's, when he started life in the country village of Canton, in the sunny summer of 1846. And it is not by any means a surprising matter that he succeeded. Such powers, such knowledge and such methods as he had were bound to succeed. There was nothing brilliant about him. But he made the progress ever achieved by hard and continuous work. He never lost a client. He lived as he had been raised, moderately and helpfully, and his habits continued simple. He made 11,200 the first year, and then pushed up slowly but steadily to $2,000 and $3,000. He never went backward. He made no blunders. His investments were all safe and judicious. He very early paid $450 for a piece of land which after wards turned out handsomely for him, a half interest in a copper mine thereon bringing him $25,000, which he invested in farms, and which was the basis of his afterwards immense fortune. The next wise and fortunate step that this rising young man took was to marry a good wife. In 1847 he was united in marriage to Miss Elizabeth Gresham, the daughter of the Rev. Joseph Gresham, a Baptist minister of South Carolina. He made a happy marriage, his wife shar ing congenially the eventful fortunes of his remarkable life, presiding well over his happy home, and raising admirably the large family of intelligent and worthy children that she has brought to him. As a lawyer, as can be conceived, Mr. Brown immediately took a foremost rank. Instantaneously prompt and punctual, giving immedi ate attention to all matters entrusted to his care, untiringly industrious, working up his cases thoroughly, examining legal questions to the bottom, exhausting authorities, carefully correct in judgment, full of the resources of pleading and practice, and an earnest and convincing speaker, he had every quality needed to give him both reputation and practice. A gentleman had a claim against a farmer residing in ten or twelve miles of Canton. He arrived there in the afternoon and was referred to Mr. Brown. He put the matter in Brown's hands, who told him to call the next morning. Brown rode out to the house of the citizen that BEOWN AS AN ADVOCATE. 15 very evening, managed to get the money, returned to his office, and when the gentleman called by appointment early the ne.xt morning, paid him his money. He stopped at no trouble or labor in his business, and his swift promptness and tenacious attention to ihis cases wrought their inevitable results. Every lawyer in large practice can point to his hard forensic battles and romantic victories, won by clever strokes of legal strategy and skillful operations of professional acumen. Mr. Brown had an unusual number of such struggles and triumphs. A plain man and severely practical, lacking the flash of oratory and mak ing no glittering personal display, yet there was a romance and dramatic effect in his management of some of his legal skirmishes, that surpassed' the achievement of more showy solicitors. Some of his legal contests were surprises of skill and boldness. A very earnest man, of indomit able will and unswerving purpose, he was a hard hitting forensic fighter. Secretive as to his plans, he sprung damaging traps upon his opponents and he pursued a defeated- antagonist unrelentingly. Hon. L. N. Tram- ' mell, speaking of his power as a lawyer, said his influence over a jury was extraordinary. While not an orator, his speeches were irresistible. Says Mr. Trammell, " Gov. Brown's speeches to juries were marvels of effect. They were as clear as a, siinbeam. They exhausted practical sense, and reason, and put his side of a case so .strongly and logically, that he always carried conviction." CHAPTER III. GOV. BROWN'S MARKED CAREER AS A STATE SENATOR IN 1849. His Early Drift to Politics. — Runs for Senator. — The Temperance Issue — His Election. The Legislature of 1849 noted for its Fierce Political Controversies. — Andrew J. Miller and Joe Brown the Leaders. — The Veteran and the Neophyte. — Brown Leaps to the Front.— Brown and Alfred H. Colquitt.— A Curious Coincidence.— The Per- souelle of that Body. — The Judges of that Day. — Hiram Warner. — H. V. Johnson. — Mrs. Johnson. — Henry R. Jackson. — Aug. HanseU. — James Jackson. — Gartrell's Resolutions. — The Heat upon Slavery. — Dissolution of the Union Intimatbd. — Chas. J. Jenkins.— Chas. J. McDonald.— Miller's Hobby.— The " Woman's Bill."— Gov. Brown against all the New Fangled Ideas. — Richard H. Clarke. — Thos. Butler King. — 0. A. Lochrane. But while Gov. Brown was and is a great lawyer, the dominant ten dency of his nature was political. A profound and able jurist, his forte was politics. His greatest capacities drove him to public Ufe. He took to it as a fish does to water. His popular tact was unerring, his fitness , for political contest perfect. Admitted to the bar in 1846, he drifted into politics in 1849. At that time there were forty-seven Senatorial Districts in the state, each furnishing a Senator. Forty-six of the Dis tricts were composed of two counties each, and Mr. Brown Uved in the forty-first, which was composed of Cherokee and Cobb counties. He received the Democratic nomination. Opposed by Col. John M. Edge, the canvass was an active one and resulted in his triumphant election. The temperance issue was raised against Mr. Brown, he being a member of the order of the Sons of Temperance. With his usual positiveness he took square temperance ground when assailed. The objection was made to him that he was against the liquor traffic. He accepted it boldly, refused to treat to liquor in his canvass, and in his speeches broadly announced that he would treat no one, though the refusal might cause hig defeat by thousands of votes. In a rural mountain section where the distillation of spirits is largely carried on, it might well be supposed that such a declaration would be perilous. The custom of candidates using Uquor freely in their campaigns was general. He had the courage t9 break the custom, and after a warm contest he was decisively elected. THE LEGISLATURE OF 1849-1850. 17 The legislature of 1849 and 1850 was a right memorable one. Georgia then had the system of biennial sessions, which she discarded soon, and then re-adopted in 1877, after she had forgotten the experi ence of a quarter of a century previous. The session was eighty-five days in length. The same policy was carried out that has prevailed in the biennial sessions of 1878 and 1881, of having an adjourned term. And Senator Brown voted against it in 1849, as he did against every daily adjournment, nearly, his disposition being to get through his leg islative work in the quickest possible time. Among the more notable men of this Legislature were Andrew J. Miller and David J. Baily of the Senate, and Augustus H. Kenan, Wm. T. Wofford, Thomas C. Howard, Gen. Harrison W. Riley, Parmedus Reynolds, Charles J. Jenkins, Linton Stephens and Lucius J. Gartrell, of the House. Joseph E. Brown was a new member and a new man in Georgia politics. This Legislature was noted for its fierce controversies upon poUtical questions. Andrew J. Miller was the leader of the Whigs. Representing the powerful constituency of Richmond county, a lawyer of acknowledged ability, a ready debater, of ^ool imperturbable temper, high integrity and unflinching firmness, he stood very high. Joseph E. Brown leaped to the leadership of the Democrats in spite of his youth . and inexperience, and the two names that figure most frequently in the journals of the Seriate during that racy session are Miller and Brown. The young mountain novice tackled the old city veteran gamely and successfully. And the Democratic measures went through steadily under the firm leadership of this raw but powerful young neophyte. Brown was put on the Judiciary committee in recognition of his legal ability, that in three years' practice had established itself, and he was made chairman of the penitentiary committee. In addition he was put upon nearly every important special committee to consider special mat ters of moment. Among these were, committee to enquire into repeal of laws in regard to introduction of slaves into this state : committee on bill to protect public worship : committee on bill to abolish costs in Supreme court: committee to re-organize the Judicial circuits : and other committees, in most of which Brown was chairman. It is matter of curious note that the assistant secretary of the Senate was Alfred H. Colquitt, who thirty years later made Joseph E. Brown United States Senator, and was united with him in the political cam paign of 1880, the most savage public contest ever witnessed in Georgia, which resulted in the re-election of Colquitt as Governor of Georgia, and the election of Brown as United States Senator. And it is also 2 18 THE JUDICIARY OF 1849. another curious fact that of the two speeches reported during the session of 1849-1850 one was a. speech made by Brown, and it was reported by Mr. Colquitt for that strong journal, the Macon Telegraph, which at that time was only a weekly paper. Gov. Geo. W. Towns was the executive of the state. The state road was in running order to Dalton, was graded to Chattanooga and the track laid to within seven miles of that place. The benefit of that road is shown by the fact that the business had increased for 1849 over forty-seven per cent, more than in 1847. At this time the judges were elected by the General Assembly, though an act was passed submitting to the peo ple whether judges should be elected by the Legislature or the people. The people decided in their own favor, and after this the judges were elected by the people of their respective circuits. This Legislature elected Hiram Warner Judge of the Supreme Court, and Judges of the Superior Court as follows: — Eli H. Baxter, Northern circuit; Henry R. Jackson, Eastern circuit; Augustin H. Stansell, Southern circuit; James Jackson, Western circuit; Ebenezer Starnes, Middle circuit; Herschel V. Johnson, Ocmulgee circuit; Jas. H. Stark, Flint circuit; Alfred Iverson, Chattahoochee circuit; John H. Lumpkin, Cherokee circuit. Of these gentlemen a number became distinguished. H. V. Johnson and Alfred Iverson were made United States Senators; H. V. Johnson, Governor; Hiram Warner and James Jackson, Congressmen and Chief Justice of the Supreme Court; E. Starnes, Judge of the Supreme Court; H. R. Jackson, United States Minister to Austria. There has perhaps never been a more brilliant array of judges in the history of the state. Judge Warner has been almost continuously on tho bench since, resigning the Chief Justiceship of the Supreme Court in 1880. Judge Warner is in many respects a remarkable man. He came from New England. A tall, erect, muscular person of great decision" of char acter, high order of ability, and extensive legal erudition, he has main tained a striking hold upon the people of Georgia in spite of a decided lack of social feeling and generous sentiment. A fearless utterance of his views, an iron resolution and a rigid integrity, have upheld him in popular confidence, notwithstanding the severity of demeanor and a sort of determined rancor of prejudice. Cold and stern, he was able and believed to be honest. Alfred Iverson was a man of much power a small person in stature, but of considerable speaking ability. Governor Johnson was the ablest of these men. There has been no public man in Georgia in the last quarter of a century the superior in brain power of H. V. Johnson. A powerful thinker, a strong speaker MES. H. V. JOHNSON. 19 possessor of an exquisite style of writing, the chastest and most vigor ous master of language we have ever had in the state, he is one of our fev/ public men that could be called great. He was a timid and a gloomy man, however, and in his manners a brusque person. The contrast between the bluntness of his ways and speech, and the classic elegance of his writings, was something ine.xplicable. His state papers were models of statesmanship and polish. Judge, afterwards Governor Johnson, married a niece of President Polk, the most exquisitely beauti ful and intellectually gifted woman of her day when young. After he became executive she made the state house famous by her entertain ments. Of exquisite figure, with features of faultless beauty, clear-cut, intellectual and of the most classic Grecian type, with a complexion' as clear and rose-tinted as a healthy infant's, she added conversational powers of surpassing brilliancy, and an attractive sweetness of manner irresistible. She was a notable housewife and devoted mother, yet she was profoundly read in the political, scientific and religious literature of the day, and could talk upon these matters with wonderful power and genuine eloquence. Henry R. Jackson was one of the most gifted of these men, a magical orator, a true poet and an able lawyer. And added to this was a chiv alric, personal courage and a fiery scorn of anything small. Judge Hansell is still Judge of the Superior Court, and preserves those high characteristics of manhood that marked him then. James Jackson was a most promising young man, belonging to and constituting a typical member of the famous family of Jacksons that have filled so large a role in Georgia annals, whose founder was one of the early Governors and a United States Senator; a man of iron force of character, who burned the records of the great Yazoo fraud with a sun glass. It has been something for Joseph E. Brown to have outstripped these gifted aristo crats of Georgia civilization. In the election of these judges the Southern Rights question entered. Lumpkin, James Jackson and H. R. Jackson were Union Democrats, and came near defeat on that account. James Jackson wrote to Alex. Stephens asking his influence, appealing to his well-known proclivity to help young men. Through Mr. Stephens his brother Linton voted for Jackson, though Linton was a Whig. The chief battle in this General Assembly was over some Democratic resolutions, originated mainly by Lucius J. Gartrell and W. W. Clayton, declaring for strict state rights; for a national territory equaUy slave and free, and branding the Wilmot proviso as unconstitutional. The report of the committee on the state of the Republic, introductory of 20 DISUNION FOEESHADOWED. these warm resolutions, was written by Col. Thomas C. Howard, the chairman of the House committee, regarded then as the most promising young man in the state. An inimitable conversationalist, flashing, witty and fervent, there is no man in Georgia that has ever surpassed him as a talker. He was then and is to-day a remarkable man. His report on these resolutions was a brilliant piece of writing. The debates over these resolutions were sharp and at times stormy. In the Senate, Miller and Brown had numerous skirmishes. Governor Colquitt told the writer that the Democrats had a sense of security when Brown had charge of the Democratic side that they had under no other leader. His speeches were to the point, clear and forcible, and hisTeadiness and resources equal to any occasion. The resolutions were finally passed. Among them is the following: " sth Resolved. That the people of Georgia entertain an ardent feeling of devotion to the union of these states, and that nothing short of a persistence in the present sys tem of encroachment upon 6ur rights by the non-slaveholding states can induce us to contemplate the possibility of a dissolution." These resolutions provided for calling a State Convention in certain contingencies. They illustrate the inflammatory agitation that was convulsing the country upon the subject of slavery, and the contempla tion of a severance of the union as an ultimatum that came ten years later. On the final passage in the Senate the vote stood thirty-five yeas to three nays, Andrew J. Miller being one of the nays. In the House the vote stood ninety-two yeas and twenty-eight nays. Charles J. Jenkins was the leader of the union party in the House. Mr. Jenkins has been one of the purest and ablest public men the state has ever had. He afterwards became Governor and Judge of the Supreme Court, and President of a Constitutional Convention of 1877. Possessed of punc tilious integrity and high ability, known for an adamantine firmness and courage, patriotic and pubUc-spirited, no man in the state has enjoyed a larger measure of respect than Mr. Jenkins. He has been a citizen of which any commonwealth could be proud. In connection with these resolutions the general assembly elected C. J. McDonald, M. H. McAllister, C. Dougherty and William Law as delegates to a convention of the people of the slave-holding states of the union to be held on the first Monday in June, 1850, in Nashville, Tennessee, called in conformity with a recommendation of the people of Mississippi, to take some harmonious action in defense of the in stitutions of slavery and the rights incident to it under the Constitu tion of the United States. C. J. McDonald had .been governor of the ANDEEW J. miller's " WOMAn's BILL." 21 state from 1839 to 1843, and was a gentleman of ability who possessed to a large degree the confidence of the people. M. H. McAllister was a citizen of Savannah, looming up prominently for public honor, but who injudiciously sacrificed the sure promise of distinction in Georgia by removing to California. C. Dougherty and WilUam Law were both lawyers of fine ability. Dougherty was a citizen of Athens, of bright mind, member of a gifted family. He was defeated for governor on a close vote by McDonald. Law was a citizen of Savannah, and became a distinguished judge. One of the notable battles in this legislature was over a measure that became in those days known as the hobby of Andrew J. MiUer, called his "Woman's bill." The object was to secure to married women their own property independent of the husband. Miller was sent to the legislature time and again, and at every session he introduced this measure, only to be repeatedly defeated. It finally became the law, and its success was due to the persistent agitation of the persevering Miller. Joseph E. Brown had the old-fashioned notions of the marital relation and fought all of these new-fangled ideas. Miller's Woman's bill was defeated by a vote of twenty-one yeas to twenty-three nays in the Senate, Brown voting no. A bill to limit the liability of husbands for debts of wives incurred before marriage, did pass the Senate, how ever, and Brown vindicated his consistency by voting against it. During the consideration of the Woman's bill Judge Richard H. Clark offered an amendment submitting the Woman's bill to a popular vote at the governor's election in 1851. Senator Woods proposed an amend ment allowing females between sixteen and fifty years to vote. The amendments were both rejected by only a small majority. Judge Clark has been a well-known figure in Georgia matters. A delightful gentle man socially, a writer of exquisite culture, a thorough lawyer and yet with a decided bias to literature. Judge Clark has held a high position. He has been one of the codifiers of the Georgia statute law, and a judge of admitted ability. He is now judge of the city court of Atlanta. At this session of the legislature important legislation was had on the divorce law. Joseph E. Brown, as may be expected, fought every proposition widening the domain of divorce, and maintained rigid adherence to all of the strictest ideas of marriage sanctity. He was for striking out as grounds of divorce intermarriage within the Levitical degrees, desertion for three years, and conviction for crime, and finally voted against the bill. An effort was made to incorporate the Grand Division of the Sons of Temperance, and referred to a special committee 23 THOMAS BUTLER KING. with Brown as chairman, who was known to be an ardent temperance champion. He made a strong report against it, arguing that any legis- ktion of the sort would injure the cause of temperance, which was making progress, and should depend for success upon inherent moral influence. Senator Brown gave a marked instance of his thoughtfulness of the interest of his immediate constituents, and his successful method of doing things in a little post route matter. Mr. Boyd offered resolutions for mail arrangements to be secured between Marietta and the towns of Roswell and Cumming. Brown moved and carried the motion to strike out RosweU and Cumming and substitute Canton therefor. As illustrating the temper of the people on the subject of slavery, an episode occurred in the Senate which deserves mention. Among the marked and influential public men of that day was the Hon. Thomas Butler King. He was a wealthy planter on the coast, a gentleman of aristocratic family, of high social influence and very strong ability. He was a Congressman and went later as Commissioner to Europe. Senator Brown introduced resolutions reciting that it was reported that ilr. King had resigned his seat in Congress and was in California, alleging that he represented the cabinet at Washington, and was seeking to become a Senator from California under a Free-soil Constitution, and resolving that it was derogatory to a Sputhern representative in Con gress to advocate the admission of California into the Union as a free state, and still more derogatory to such an individual to accept a seat in the National councils purchased by moral treason to that portion of the Union that has fostered him, and that Mr. King's conduct met the unqualified disapprobation of the General Assembly. The resolutions were taken up by a vote of twenty-one to sixteen, and made the special order for a future day, among those voting in the affirmative being Senator Thomas Purse of Savannah. Final action was never taken on them, they being based upon misapprehension of Mr. King's real attitude. As a further exemplification of the temper of the times upon this absorbing question it may be stated as an incon gruous attempt to embody the spirit of the people that a military com pany in Lagrange was incorporated as the " Georgia Constitutional Guards of Troups." This legislature passed a special act allowing a young man to practice law, who has occupied a large portion of the public attention since, Mr. Osborn A. Lochrane. A poor Irish youth, he began his career in this country as a drug clerk in Athens, Ga. He made a speech in a debating miller's PROPHECY OP BEOWN. 23 society that attracted the attention of Chief Justice Lumpkin, who advised him to read law. He did so, and has been a noted person in Georgia matters. He culminated his profession by a seat on the Supreme Court as Chief Justice. Judge Bleckley said of him to the writer, that he possessed a dual intelligence ; one, a flashing surface sparkle of froth and pleasantry, and underneath a strong, industrious, logical mind, searching, original and vigorous. He has built into for tune and national repute as a lawyer. The friendly bonhommie of his nature has made enmity to him impossible. Tolerant to all political creeds, genial and humorous, full of business capacity, a thinker and an orator. Judge Lochrane has been a conspicuous example of unusual success, achieved by a capable intelligence sun-shining itself through the world. Senator Brown's career as a state senator was a noted step in his upward progress. It was too limited an arena and too short an episode to give him a state repute. It enlarged his local fame and home influ ence. It formed a valuable part of his public education. It brought him into acquaintance with many of the leaders of thought in the state. It strengthened his confidence in his own powers and resources. And it was a curious piece of discernment, prophecy and candor in his venerable and distinguished opponent and rival in leadership, Andrew J. Miller, to have used this remark : " Joe Brown will yet stamp the impress of his greatness upon the future history of the state.'' CHAPTER IV. HERSCHELL V. JOHNSON AS GOVERNOR. Howell Cobb and C. J. McDonald in 1851.— The Union Victorious over Southern Rights.— H. V.Johnson and C. J. Jenkins in 1853.— Alfred H. Colquitt makes Johnson Governor.— Southern Rights Triumphant.— Brown an Elector.— The Whig Party Riven.— C. J. Jenkins for Vice-President.— The Tornado of Know-Nothing- ism.— A Mad Flurry and a Hard Fight.— Alex. Stephens and His Political Shroud.- The Triangular Contest for Governor.— H. V. Johnson, Garnett Andrews and B. H. Overby.— Brown's Race for Judge against David Irwin.— An Acrimonious Battle.— Young Brown Victorious.— Brown is a Perilous Political Fighter.- Gad distown Stands to Brown.- Brown a Rare Judge —Racy Anecdotes of His Judicial Administration.— Brown Comes to the Edge of His Destiny. Returning ho.me to the practice of law, Mr. Brown gave his atten tion with all the vigor of a decided nature and strong abilities to his con genial profession. He continued practice until the fall of 1855, when he took his chances before the people of his circuit for election to the office of judge.. The method of selection of judges had been changed from election by the legislature to election by the citizens of each judicial circuit. During the intervening period Howell Cobb had been elected Gov ernor of Georgia, and served from 1851 to 1853, beating ex-Governor McDonald in a well-contested race. The Southern Rights question had been made an issue, and Mr. Cobb, representing the Union party, had whipped the fight. Mr. Cobb was one of the really great men of the nation. Entering political life young, he had been almost uninterrupt edly successful. As a representative in Congress, a United States senator and a Cabinet minister, he had reflected luster upon his state, and made a national reputation for statesmanship. Wise, conservative, able, resolute, amiable and social, Mr. Cobb was one of the most popular and esteemed public men Georgia has ever had. In 1853, Herschell V. Johnson was elected Governor, beating Charles J. Jenkins by a small^majority in one of the closest and sharpest cam paigns of Georgia annals. The Southern Rights party had received a black eye in the defeat of its candidate, ex-Governor McDonald, by Howell Cobb in 1851, and it was claimed that the issue was settled. But the Southern Rights men made a new effort in 1853, under H. V. ALFRED H. COLQUITT ELECTS JOHNSOX. 25 Johnson, and this time they succeeded, though by a close shave.' It was in this race that Alfred H. Colquitt made his first important political fight. He took the field as the nominee of the Democratic Southern Rights convention for Congress against James Johnson, the Union can didate. The Union men in this district, the second, had a majority of fully three thousand. It looked like a forlotn hope to overcome it. But young Colquitt and that other bright youngster, Thomas C. Howard,' took the stump, canvassing through the congressional district for two months, riding in a buggy and making daily speeches. It was a lively battle and proved to be the crucial point of the gubernatorial contest. Young Colquitt had all the prestige of his gifted father's wonderful name and popularity. He was handsome, genial, able and eloquent. Added to this was the guidance of his father, who was an unprece dented political leader. The result was a surprise of effective work. Young Colquitt swept the district triumphantly, carrying the guber natorial guerdon on his strong shoulders, and he had the glory of not only winning his own election by a reversal of the heavy majority against his party, but of securing the success of his party candidate for Governor. Tbe only political part that Joseph E. Brown took very actively in these contests, was that in 1852 he was nominated on the Democratic electoral ticket for Pierce and King, and kept up his practice of politi cal success by receiving the highest vote of any on the ticket, though he was its youngest member. It will recall an interesting fact of that campaign to state that a convention held in Macon nominated Daniel Webster for President and Charles J. Jenkins for Vice-President. Mr. Jenkins had declined to support either Pierce, the Democratic candidate, or Gen. Scott, the Whig candidate for the presidency. The national controversies on the slavery question had played the wild with parties in the South, and especially in Georgia. The Whigs were driven from their national party alignments. Robert Toombs and Alex. H. Ste phens, the chief Whig leaders in Georgia, had declared the Whig party north unsound on slavery, so dear to them, and came to the Democratic party. A number of the Whig leaders in our state found it hard to yield their old antagonism to the Democracy. It was a mixed state of things among the Whigs, some supporting the Democracy, some sup porting the Whig candidate, Scott, and some in the middle and southern parts of the state refusing to support either. Another issue split both Whigs and Democrats in Georgia, and that was the Union and Southern Rights question. But its effect was more disastrous to the Whig 26 knoav-nothingism. organization. Mr. Jenkins' attitude in the presidential campaign lost him strength in his gubernatorial race. Right upon this disintegration of the Whig party was sprung a new political question, that furnished a new distraction for the seething po litical elements. It swept the country like a prairie on fire. In the history of political agitations there never has been an instance of a ¦more sudden or furious public storm than that created by " Know- Nothingism." Crushed in the national contest and hopelessly riven in the Southern states, the Whig party found a temporary refuge in this new-fangled American party. It had a large following in Georgia for a while and a respectable one too. It was bitterly fought. Ex-Gov. McDonald, HoweU Cobb, Alex. H. Stephens, Robert Toombs and Hiram Warner wrote strong letters against it, while Mr. Stephens made some of the ablest speeches of his career on this subject. The term of Mr. Stephens in Congress was out. He was uncertain of running again. He wrote a letter to Judge Thomas W. Thomas against Know-Noth- ingism in response to a request for his views. He was vigorously assailed, and declared to have made his political shroud, when, with that defiant audacity that has marked his life, he announced his can didacy and proceeded to test the issue of his " political shroud. " His speeches were masterpieces, and he converted the shroud into a wreath of political laurels, returning to Congress by a majority of over 2,000. The gubernatorial issue was Know-Nothingism. H. V. Johnson was almost unanimously re-nominated by the Democratic convention, of which Tames Gardner was president. The candidate of the Know- Nothii.gs was Garnett Andrews, and the temperance men ran B. H. Overby. The contest was sharp and animated. Johnson was re-elected, his vote being 54,476 against 43,750 for the American candidate, and 6,261 for the temperance man, and his majority 10,726 over Andrews, and 4,465 over both of the other candidates. The American party showed a surprising strength, and iUustrated how Know-Nothingism had clutched the country. Mr. Charles J. Jenkins, as in the presidential contest, foUowed a peculiar course. In a short and characteristic letter, he stated, " Being neither a Democrat nor a Know-Nothing there is no place for me in this contest." As the reader wiU readUy divine, Joseph E. Brown was a decided Anti- Know-Nothing. Its secrecy, its religious proscription, its warfare upon foreigners, little suited his republican tastes and political liberaUty. He was too thoroughly imbued with the spirit of our free institutions to BROWN AND lEWIN. 27 encourage ideas and theories so antagonistic to the genius of our demo cratic government. In his race for judge of the Blue Ridge Circuit the Know-Nothing issue was sprung against him, though Judge David Irwin, his opponent, claimed not to be a member of the order. Judge Irwin was one of the leading citizens of our state, and is living to-day respected and honored for his abilities and worth. He was in active political life in 1840, an ardent Whig. He was a candidate for elector on the Clay ticket in 1844. He was a decided Union advocate in the Southern Rights contest of 1850, and the years following. He had, to a large degree, the confidence of the people of his section. He had been elected to the bench in 1857, and was seeking re-election at the hands of people who knew and esteemed him in endorsement of a just and able administration of the law. It will thus be seen that a more for midable opponent young Brown could not have had. The contest was lively and became acrimonious. Judge Irwin's friends attacked Brown savagely. Brown's friends were not slow to strike back without gloves. The press was kept warm with attacks ^and counter-attacks. The new county of Pickens, which was formed at the previous session of the legislature through the active agency of that well known legislator, L. J. Aired, and with the aid of Mr. Brown, gratefully remembered the latter, and at a meeting of the Democracy in .lasper in June, gave a ringing endorsement of Brown's candidacy. Irwin's friends charged that Brown was a partisan candidate and pull ing down the bench into political mire ; that Brown had sometime worn unlawful weapons, etc., etc. Brown's friends retorted that Irwin was a Know-Nothing ; that he was slow in dispatching business, and had allowed the dockets to get behind ; that he was afraid to keep order in the court ; that he had always fought the Democracy, etc. The cam paign showed how, in a hot struggle, good men can be belabored and lampooned. Brown gave his popular and powerful competitor a striking defeat. He had a reasonable majority to start with. But the fight strengthened Brown largely. He had the same methods then he has used since. He was aggressive, vigilant, untiring, arousing an impas sioned interest in his friends, and recriminating with all the vigorous audacity of his nature. The truth is that Georgia has never had a more fearless and potential political fighter than Brown. Woe be it to his adversary who goes at no-quarter hitting and has a weak record. Cool, resourceful, relentless, our public annals show no more perUous political opponent than he has proven himself in such a multiplied variety of desperate battles as demonstrate that his masterly powers were natural. 28 BROWN AS A JUDGE. Of the eleven counties in the judicial circuit Irwin only carried three by smaU majorities, Campbell, Cobb and Polk. The aggregate majority in the three counties was only 68 ; Cobb, Irwin's own county, only giving him two majority. The remaining seven counties, Cherokee, Fanning, Forsyth, GUmer, Lumpkin, Paulding, Pickens and Union, gave Brown 2,898 majority; Union with her now historic Gaddistown standing gal lantly to her young son by adoption with his famous bull-plowing expe rience, and rolling up for him a good solid majority of 517 in a vote of 1,000. It was a remarkable victory, especially in view of the strong man Judge Brown had to defeat. It was a fair, square fight too, even, equal and honestly won. Judge Brown's administration of the bench was in many respects the most extraordinary phase of his public career. Though he had served only two years when he was called to a higher place of trust, his brief period of judicial presiding was eventful, and is a tradition of power and success in these mountain counties to this day. Numbers of anec dotes are current illustrating his salient qualities and positive manage ment. He kept perfect order and an unbroken discipline. For years there had been a sort of steady drift to a loose, easy governing of the courts, so much so that it was a matter of complaint that it retarded the dispatch of business. Lawyers had acquired a large latitude of free dom. Much of the power of the judge had been gradually yielded in criminal matters, the injurious practice having grown of allowing solicit ors to compromise the grade of verdicts oji the basis of certain agreed amount of fines fixed beforehand. This of course tended to make the administration of criminal justice a matter of pecuniary accommodation to the prosecuting officer. Judge Brown was just the man to remedy these matters and he did remedy them. He had nerve for anything. He tackled these practices promptly. He instituted perfect order in the court-room, which aids the rapid dispatch of business. He drove through the dockets until he cleared them. He kept counsel to the point, and stopped legal discussion when his conclusion was reached. He made his mind up with that decisiveness that has marked him in all things. The opinion is universal in his circuit that he was the best judge they ever had. If he had any fault it was a leaning to severity. He kept juries and court officers to their duty. Jurors and counsel were always on hand to the minute. At one of the mountain courts the Solicitor General got on a spree. The Judge promptly appointed a soUcitor for the time in his place. The intoxicated solicitor started to rebel, when the Judge coolly ANECDOTES. 29 stopped the insubordination by quickly informing the officer that upon any further demonstration he should order him to jail. At another court a drunken fellow, a very desperate rowdy and defi ant of the authorities, came into the court room and made a good deal of noise. The Judge promptly fined him. The fellOw paid the fine and started out staggering noisily, and making much fuss with his creaking boots. The Judge determined to make an effective example of him, and ordered the Sheriff to collect another fine for the noise he made in going out with his creaky boots. Thoroughly subdued and despair ing of getting out noiselessly, the fellow slipped down on his knees and crawled out of the court house, humbly deprecating the Judge's wrath. The incident created much amusement and satisfied the people that Judge Brown meant to have order in his court. His iron will brooked no resistance to his legal authority. It must be held in mind that off from the railroads, in the rude mountain sections, men are more inclined to be impatient of restriction. There seems to be something in the mountain air that makes its citizens wilder when insubordinate. At the same time it is true that in those regions there is a very large meas ure of reverence given to the majesty of the law, as embodied in the Judge. He is a sort of an autocrat, and regarded with high respect as the powerful agent of the resistless and awful genius of the law. In the intellectual and legal qualifications of a judge, perhaps there has never been in Georgia one to surpass Judge Brown. An analytical mind of unusual strength, close discrimination, patient research, quick legal intuitions, an exhaustive study of authorities, a logical power of argument and a clearness of statement extraordinary, constituted an array of elements of fitness for judicial duty rarely equaled. An un usually small proportion of cases in his ridings were taken up to the Supreme Court, and his decisions were 'rarely overruled. A firm, an honest, and an able Judge, he made the court honored as a model tri bunal of justice. Frowning down unnecessary delays, he enabled suitors to get speedy trials. Adamantine in his stand against crime and crimi nals, he administered the criminal law with a resolute hand. He al lowed no compromises with wrong, but struck down vice and violence whenever they showed themselves. Absolutely impartial, he was gov erned by neither favor nor prejudice, and decided the right as he honestly saw it, irrespective ' of personal considerations. A man of christian character, he held in earnest keeping the good of society and the pres ervation of morals. Possessing a business sense of marvelous practi cality, he carried into the management of his courts that system, dis- 30 BROWN AS A JUDGE. patch and energy, that have given him his steady and phenomenal suc cess in his worldly matters. This placid, positive, capable gentleman made a remarkable reputation as a Judge in his circuit, a reputation that in the land of telegraphs and railroads, mails and daily newspapers, would have carried his name broadcast, and made him a state fame. But, " cribbed, cabined and confined," in the remote hills of North-east Georgia, whatever his merit, he had little chance to be known outside of his hidden bailiwick. There he achieved a celebrity very marked. There was an iron force of char acter and a positive way of doing things thaJ made the administration of this slender, quiet-mannered, calm-spoken Judge, a highly dramatic one. He had come, however, to the edge of his destinies, that enlarged sphere of public duty for which nature had lavishly fitted him. And the transfer came curiously. CHAPTER V. GOV. BROWN'S SCRATCH NOMINATION FOR GOVERNOR IN 1857. James Gardner, J. H. Lumpkin, and H. G. Lamar in Gubernatorial Conflict. — Gardner Wrecked by a Youthful Indiscretion — L. N. Trammell's eye on Brown. — ^Incident of Trammell and S. J. Smith. — The Famous Convention. — Its PersoneUe. — Linton Stephens. — A Long and Heated Balloting. — A Dead-Lock for Three Days. — Gardner's Nemesis. — Experimental Voting. — The Slaughter of Gardner keeps on to the Others. — Fillibustering without Limit. — A Committee of Conference. — Colquitt's Graze at Governor. — A Chapter of Surprises. — The Gubernatorial Lightning Strikes Joe Brown, while he was Binding Wheat in the Mountains. — An Incident in 1880. — Dick Clarke's Speech. The gubernatorial campaign of 1857 was a very memorable one in Georgia poUtics. It was marked by much personal heat, it ended in a protracted convention, and had an utterly unexpected result. It finally settled the gubernatorial aspirations of some very prominent and dis tinguished men, and brought to the front by one of those scratches that sometimes occur in politics, an almost unknown individual who from that day to- this has been the leading factor in public matters, who is to-day the most powerful citizen of our State, and whose future, if he lives and has his health, is big with great possibilities. There were five prominent gentlemen for the high position of Georgia's chief magistrate, James Gardner of Augusta, Henry G. Lamar of Macon, John H. Lumpkin of Rome, Wm. H. Stiles of Savannah and Hiram Warner of Merriwether county. James Gardner, as editor of the Augusta Constitutioncdist, had achieved a remarkable influence. A smaU, quiet-mannered gentleman, without any capacity for public speak ing, he was possessed of more political writing ability than any editor we have ever had in Georgia. Bold and able, coming of a family known for their courage and decision, Gardner made himself a power irl Georgia politics, and his paper yielded a tremendous influence. He was, however, a romantic instance of how youthful folly can wreck a strong man's greatest hopes. Gardner in his youth had been guilty of an indiscretion with a young lady, whose family was powerful enough to make him feel their resentment. The ghost of this folly followed him relentlessly. It was exaggerated and used like an avenging Nemesis. 32 THE governor's RACE OF 1857. It defeated him for the Democratic nomination for Governor, and blighted his political ambition. John H. Lumpkin was the candidate of North Georgia, which sec tion vigorously claimed the right to have the Governor. Lumpkin had been a Congressman and Judge of the Superior Court, and was a gentleman of excellent ability. Henry G. Lamar was one of the famous and briUiant Lamar famUy^ that have been so conspicuous in the annals of State and Nation. It has been a family of genius and cour age, a famUy adventurous and eloquent. Judge Lamar was a strong member of this notable and gifted blood. He, like Lumpkin, had been Judge and Congressman. Wm. H. StUes of Chatham, was a stately and aristocratic gentleman, a writer of exquisite culture and a silvery tongued orator. He frequently served in the State Legislature. He possessed excellent abilities. Judge Warner we have spoken of. In addition to these, the name of Alfred H. Colquitt was also discussed, who became Governor in 1877, twenty years later. A few friends of Judge Browji in his section, among them L. N. Trammell, Wm. Phillips and Sumner J. Smith, 'had their eyes upon him and determined, if there was any chance to do so, to press him for Gov ernor. But the general mention of his name for tho place even in his own section was not made, Judge Lumpkin being tho accepted candi date of the section. Mr. Trammell told the writer that he and Smith rode down to the convention as delegates in a buggy together, and were united in the purpose to push Brown if possible. Col. Trammell has been a strong factor in State politics for twenty-five years. He was quite a young man then, with only ordinary facilities of education. His father was a gentleman of great force of character. Young Trammell has shown a remarkable capacity for political management, and as will be seen, in this very campaign he gave evidence of his power. Col. Smith was a large, powerful man, of extraordinary vehemence and volu bility in speaking. In the Legislature, when he got into a controversy with any one, he had a habit of springing to his feet suddenly, rushing over in the vicinity of his opponent, pouring out the most fiery torrent of declamation with vigorous gestures, and then stopping suddenly, he would stalk back to his seat and drop into it with a startling suddenness. Tatum, of Dade county, a great wag, put a rousing laugh upon Smith in one of these controversies by rising and pointing his long finger at the rapidly retreating figure of Smith, exclaiming with mock solemnity the scriptural quotation, " The wicked fleeth when no man pursueth." The convention of the Democratic party to nominate a Governor met THE DEMOCRATIC CONVENTION OP 1857. 33 in Milledgeville, the 24th of June, 1857. There were 107 counties rep resented, with 399 votes. The President of the convention was Tenant Lomax of Columbus, the editor of the Times, a gentleman of fine attainments. Counties with two Representatives cast five votes, and other counties I'.iree votes. Among the delegates were Judge R. H. Clarke, O. A. Lochrane and James A. Nisbet of Macon ; Alfred Austell of Campbell, now a wealthy banker of Atlanta ; George A. Gordon and Philip M. Russell of Savannah; the latter a potential controller of Chatham county politics for the last quarter of a century ; Wm. Hope Hull of Athens, now dead; Hugh Buchanan of Coweta county. Judge Thomas W. Thomas of Elbert, E. W. Chastain of Fannin, Judge Augustus R. Wright, J. W. H. Underwood and Daniel S. Printup of Rome, Thomas Morris of Franklin, John W. Duncan of Fulton, W. H. Dabney of Gordon, Linton Stephens of Hancock, F. H. West of Lee, C. J. Williams and Peyton H. Colquitt of Muscogee, Herbert Fielder of Polk, T. L. Guerry of Randolph, Julian Cumming and Geo. T. Barnes of Augusta, E. W. Beck of Spaulding, W. A. Hawkins of Americus, S. J. Smith of Towns, L. N. Trammell of Union, Geo. Hillyer of Walton, B. D. Evans of Washington, E. H. Pottle of Warren, D. B. Harrell of Webster. Mr. Lochrane married a daughter of Henry G. Lamar; Judge Thomas of Elbert was in that day one of the pronounced and foremost men of the state. Judge Wright of Rome was one of the brightest thinkers and most sparkling orators we had, but an embodied independent. Col: Printup became afterwards a Vealthy railroad lawyer. A smart little gentleman was John W. Duncan, whose regret was that he was foreign born, thus excluding him from being President. Col. Dabney was a profound lawyer, and since the war was well known as having been defeated for congress by the doughty Parson Felton, who so long polit ically ruled the seventh congressional district. The most powerful man intellectuaUy in this convention was Linton Stephens, brother of Alex ander H. Stephens. A nervous, sinewy person, there was an intrepid audacity of brain in Stephens, and a muscular vigor of logic that few men have. His nature was jagged and aggressive. He worked badly in joint harness. His unmalleable spirit illy brooked government, and was not suited to harmonious cooperation. Positive and independent he had his own views of things, and was unbending in his convictions. We have had few men in Georgia the superior intellectually of Linton Stephens, but he was too uncompromising and outspoken to succeed by popular favor. He became judge of the supreme court, appointed by 34 THE CONTEST FOE GOVERNOE. Gov. Brown, and was afterwards elected and went to the legislature, but he never could get to Congress, where he would have been a conspicu ous figure. Gen. C. H. Williams of Columbus became a gallant soldier of the war and a warm friend of Gov. Brown. Peyton H. Colquitt, brother of Gov. Alfred H. Colquitt, was a splendid physical specimen of a man, was rising rapidly when the war broke out, and but for his death in the bloody battle of Chickamauga at the head of his regiment would have gone up to high political preferment. Herbert Fielder moved to Randolph county and has been a leading figure in state politics since the war, having been pressed for Governor and United States Senator. Col. E. W. Beck was sent to Congress. E. H. Pottle and D. B. Harrell both became judges. Augusta has furnished a rare family of men, of which Julian Cumming was the most gifted. He had glittering charms of mind and speech, but died young. Another gentleman of unusual powers was WiUis A. Hawkins, one of the most electrical talkers, and a superb advocate. He reached the Supreme Bench. Such was some of the material of this memorable convention. A committee on resolutions was appointed, with Judge Thomas W. Thomas as chairman. Gen. C. H. Williams put in nomination Lamar; Samuel Hall, Esq., nominated Ga,rdner; Thomas Morris presented the name of Lumpkin; D. B. Harrell nominated Stiles, and R, J. Willis presented Hiram Warner. The first ballot resulted as follows : Lump kin 112, Lamar 97, Gardner 100, Warner 53, and Stiles 35. Gardner showed a clean pair of heels and steadily rose to 141 on the sixth ballot, with Lumpkin 124 and Lamar down to 46. A sharp fight was made over the right of alternates to vote, and resulted in their being allowed to do so. After the eighth ballot, Lamar having fallen to 35 with Gardner at 152 and Lumpkin 122, Lamar's name was withdrawn, and the ninth ballot resulted with Gardner 172, Lumpkin 127, and Warner 64. Mr. George Gordon then practically withdrew the name of Wm. H. Stiles in a neat speech, saying that it was not the purpose of the Chat ham delegation to present the name of Stiles at the opening of the convention, hoping if no selection could be made from the more promi nent candidates the convention would unite on him. A delegate from another county had put in Col. Stiles, and the Chatham delegates could not withdraw him, but he begged those who had been supporting him to feel at liberty to vote for any one else. No one but a Savannah man could have made this diplomatic speech. By this time the convention had become thoroughly heated up. The alignments were distinctly drawn. The fight on Gardner became desperate. The Nemesis of that ''^^^ ublican was no less savage. Said this paper: " The friends of the Governor should hang their heads -svith mortification and shame, while the author himself should forthwith besubjected to the surgical operation recom mended by Benton to Cass, viz, to be ' cut for the simples' " But to the supreme astonishment of the Bank raen, the people of the state rallied to the Governor in almost solid array. Public meetings were held on the subject, and the Governor endorsed by strong resolu tions. A meeting for instance, in Carroll county presided over by "W. W. Merrell, passed unanimously resolutions denouncing the suspension act as " unwise and lawless legislation." In "\^^Ukinson county Dr. R. J. Cochran offered a resolution that was passed without a dissenting voice declaring the Governor's veto " elaborate, full, clear and unanswerable;" and a resolution was also passed unqualifiedly condemning Hon. John E. Ward for caUing the previous question, and depriving the anti-bank men of a chance to reply to him. Whitfield county had a rousing meet ing and passed a strong set of resolutions reported by a committee com posed of W. H. Stansel, C. B. Wellborn, Wm. J. Underwood, Dr. B. B. Brown and Rpv. John M. Richardson. These resolutions commended the " Jacksonian firmness " of Gov. Brown. Even Bibb countv en dorsed the Governor. In Monroe county resolutions were passed de manding that the state Constitution be altered so as to prevent the' passage of laws legaUzing bank suspensions. A meeting at CuUoden presided over by W. Rutherford declared that Gov. Brown deserved the raore credit because he did his duty in the very teeth of his own party. A Pickens county meeting denounced the papers abusing Gov. Brown as "hireling bank organs." A CampbeU county meeting resolved that Gov. Brown was " under all circumstances the friend of the people when "who is JOE BEOWN " ANSWERED. 67 their rights are threatened." Wesley Camp was chairman of this meet ing. A Cherokee county meeting declared its pride in Gov. Brown as a Cherokee citizen. Clinch county went ahead of all in declaring that the members who supported the suspension bill after hearing the Governor's veto were not deserving support a second time by their constituency. These public expressions of opinion taken at random from the action of meetings in all parts of the state will give some idea of the emphatic unanimity of endorsement that Gov. Brown received from the people. It is not ascertainable that a single public meeting sided with the banks and condemned the Governor. In spite of the colossal moneyed power of the Banks the Executive single handed carried popular sentiment overwhelmingly. It constitutes a remarkable victory, and it put Gov. Brown, at the very inception of his career, solidly entrenched in the hearts of the masses as the friend of the people's rights, a position frora which no effort was ever able to shake hira until the fiery days of recon struction, but which he has regained since then in the most marvelous manner. No man could ask after this the sneering question, " Who is Joe Brown ? " He had answered the query himself in no uncertain lan guage. He had shot himself like a cannon ball into the very heart of the state. In every hamlet the people knew him as a man of brain, rock-willed, and the people's friend. He became as exaltedly elevated in public esteem as he had been unexpectedly thrown into high office from obscurity. He demonstrated the fact that his promotion " was the inevitable outcome of his young life — disciplined so marvelously, so fuU of thought, sagacity and judgment." CHAPTER IX. THE WAY GOV. BROWN GASHED INTO OLD CUSTOMS. The Abolition of Levees. — No Wine at His Table. — Interference by the Legislature with Pardons boldly Tackled. — The case of .Tohn .Black. — Old time Ideas of Mar riage. — State Aid. — Salaries Increased. — Peterson Thweatt. — The State Road, and a Vigorous Policy. — The Coincidence of Gov. Brown and the State Road. — The Southern Commercial Convention. — A summary of Georgia's Leaders,- Mark A. Cooper, A. H. Chappell, William Dougherty, Junius Wingfield. — The Philosophy of Southern Conventions. — Powerful Instrumentalities of Sectional Division. — Legacies for the Impending Revolution. The installation of Joseph J^. Brown as Governor of Georgia was truly an establishment of an era of change. The very social features of the executive administration were sweepingly altered by this simple- raannered and resolute young countryman. It seeraed as if no institu tion that he deemed to need correction was sacred against his deter mined hand. And there was no fuss in his reforms. He quietly up rooted long-established customs in a way that evoked the horror of the reverential worshipers of venerable follies. It had been the custom for governors to begin their terms with a huge popular Levee, when the dear people were aUowed to come uninvited in masses. Magnificent supper was provided at tremendous cost. It was a festivity of mash and gluttony and plunder. Crates of crockery were broken. The ple beians came in swarms as their one social opportunity to mingle in hio-h life, and they gorged their stomachs and stored their pockets with del icacies. One who has never witnessed one of these hideous levees cannot conceive of their character. Floors were ruined, table ware lost, and toil ets wrecked. It was jam and crush. It was becoming yearly worse, larger crowds, more disorder, increased destruction, and less regard for good manners. The rabble looked forward to, and improved it. The custom was old, and supposed to be the very symbol of our democratic principles. It was the practical incarnation of equality religiously cherished by the poor and the humble. Of aU men. Gov. Brown, the representative of popular privileges, would have been supposed to guard such a custom. His practical intelligence, on the contrarv, saw it was an occasion of license and rabble disorder, and not what it was raeant to be, the tribute of aU orderly citizens to a new Chief Magistrate. He swept it out of existence, declining to conform to the ancient precedent. GOV. brown's COLLISIONS WITH THE LEGISLATUEE. 69 He instituted in its place a series of Friday night receptions, which proved very pleasant. Another change he made that drew upon him much bantering com raent, was abolishing wine from his festal board. He was a temper ance man, and carried out his temperance principles practically. But the Governor quietly persisted in his plain temperance ways, and the people learned that ridicule or abuse were unable to raove him. He had several collisions with the General Assembly, in every case maintaining his views and asserting the prerogatives of his position in the straight-forward sort of way that was characteristic of the man. The Legislature passed a joint resolution requesting the Governor to pardon forthwith two female convicts. He vetoed the resolution proraptly, and his message is a stinging rebuke. Adverting to the fact that no reason was given in the resolution for such clemency, and' quoting the section of the constitution that gives the pardoning power to the Governor, he said that he understood that other resolutions of a similar character had been introduced, and gave his decision upon the matter in these incisive words: "As a general rule, in my opinion, it would be better to leave all these cases where the courts and juries have left thera. There are a few excepted cases, and for the pur pose of finding them out, it is often necessary to investigate the evidence, and' the cir cumstances of the trial. The constitution has assigned the duty of investigation to the Executive Department of the Government, without dividing the responsibility with the General Assembly, and as it would greatly lengthen the sessions, and consume much of the time of the Legislature, which could be as well employed in the consideration of such matters as the constitution has confided to that branch of the government, I would respectfully suggest that it might be better for each departraent of the government to he content to confine itself within the sphere of action assigned to it by the constitu tion." This message put the Governor's views on the subject of the Legisla ture interfering with pardons in a pointed and unraistakable raanner, but it did not settle the matter. The members were somewhat taken aback at the sharp terms the Executive used, but the practice of going to the Legislature when the Governor would not interfere in criminal cases had ripened into too fixed a precedent, and was too convenient to be readily abandoned. It was a pernicious practice and plainly illegal, yet it had been permitted. Gov. Brown was resolved to check and if possible stop it entirely. The Legislature clung to the custom. A man by the name of John Black had been convicted of murder and sentenced to be hung in Habersham. The Legislature passed an act commuting the death penalty to life imprisonment. The Governor 70 STATE AID. vetoed the bill in a lengthy message of remarkable ability. The Legis lature in changing the penalty fixed by law to a crime committed in violation of the law, after the courts had finally passed upon the criminal, made an assumption of the functions of the Judicial by the Legislative branch of the government, and it was unconstitutional. To annul the judgment of the court and pronounce another judgment was a judicial and not a legislative function. The constitution forbids the exercise of the powers of one by the other. The Governor went into the question elaborately, quoting largely from the authorities to show that the legis lative power to pardon in murder cases did not carry the power to commute. They either had to pardon entirely, or not at all. The message was closed with a reference to the facts of the case, and to the considerations of public policy involved. If the Legislature was allowed to commute as -well as pardon, all murder cases would be brought before the body, and there would be no more punishments by death for the most flagrant murders. The bill was lost in the house after the Gov ernor's veto by a vote of 27 yeas to 55 nays. Among other vetoes that illustrate the Governor's views, was one of a bill allowing a number of married women to run business on their own account, on the ground of its destroying the unity of marriage. He clung to his old-fashioned ideas which he had so strenuously advocated and voted for in the Legislature of 1849 when he was a State Senator. ""jrhe subject of state aid,.to railroads was very fully discussed by this Legislature, but finally voted down. The state aid leaders were Mr. —Speaker Underwood, D. W. Lewis, Mr. Smith . and Col. Hardeman. The anti-state aid leaders were Mr. Bigham, Col. A. H. Kenan, Mr. G A. Gordon and Col. Jno. MUIedge. At that time the aid of the state had already been pledged^o the Main Trunk and Brunswick, railroads"" to a million of dollars. The removal of the state penitentiary from Milledgeville to Stone Mountain was fully argued, but finally defeated after an able speech against it by Senator L. H. Briscoe, a very brilUant young fellow who had been a secretary of- the executive department under Gov. Johnson. The new counties were created of Wilcox, White, Schley, Pierce, Mitchell, MUton, Glasscock and Dawson. The salaries of the following officers were increased: Governor from $3,000 to $4,000; Judges of Supreme Court, $2,500 to $3,500; Judges of Superior Court, $1,800 to $2,500. The practice of biennial sessions was also changed back to annual sessions, which had been the law before 1840, and the sessions were limited to 40 days, unless lengthened by a two-thirds vote of the Legislature. PETEESON THWEATT. 71 .- The Legislature had elected as state house officers, J. B. Trippe, Treasurer; E. P. Watkins, Secretary of State, and Peterson Thweatt as Comptroller General. Mr. Thweatt deserves special mention. Before his administration the reports of the comptroller had been very meager affairs. He instituted a system of statistical' returns that have been invaluable. He improved the collection of taxes, very largely increasing the return of taxable property and the revenue of the state. His administration of his office was conspicuously able. He is a short, very stout little gentleman with some oddities of manner, such as vocif erous whispering to his friends, and a wonderful faculty for hearty laughter; and he was sometimes very irascible, but withal a true-hearted and generous gentleraan, and as capable and faithful a public officer as the state ever had. He was comptroller a long time, but was defeated after the war, and could never get his consent to do anything else. His soul was in his office, and he clung for years to the' hope of return to it, but vaiiily. He had taken his salary during the war in Georgia, war notes, which were repudiated, and he spent years getting the legis lature to let him sue the state for his notes. Legislature after legislature refused him the privilege, but with indomitable persistence he kept on until he succeeded only to have his suit dismissed. Some of his annual addresses to the members were remarkable papers, ' exhausting the printer's fonts of quotation marks, italics and capitals; and indulging in such a labyrinthine net-work of parentheses as to make his documents rhetorical puzzles. In his inaugural Gov. Brown devoted much attention to the state road. In 1856 it had paid into the state treasury $43,500. Necessa rily large amounts had been used in equipping the road, but still the people grumbled that it was not a source of more revenue to the state. On the 1st of January, 1858, Governor Brown ^pointed John W. Lewis. hi° .-^iriliitbilll '*^ri''.nd,i "^^ -superintendent., of the_rpad, under an orderjifiinarkaiile, f oruts-CQnciae-Gompjghensiyeness pf reform and man- agernent. It directed cutting expenses, dismissing every supernum erary, reducing salaries the same as on other roads, requiring absolute subordination, discharging dissipated employes, using economy, demand ing trip settlements from conductors and weekly settlements from depot agents, and paying every doUar of net earnings monthly into the treasury. Lewis faithfully carried out his instructions. During , his administration Gov. Brown paid as high as $400,000 in a single year into the treasury. An amusing incident is related that soon after the appointment of Dr. Lewis as superintendent, he and Gov. Brown were 73 THE STATE EOAD. seen walking the track, picking up the iron spikes that were scattered and wasting along the line of road. The incident was circulated at the time in derision of the picayune economy of the new regime. Of course there was no truth in the story, except that the ;track hands were made to not only pick up the large quantity of loose spikes that had ^een left to rust along the line of the road, but all of the waste iron was gathered and advertised for sale, and brought the handsome sum of $20,000. The incident illustrates Governor Brown's watchfulness of the public interest, and to what an extent his vigilance ran to details. There was between six and seven hundred tons of this loose scrap iron thus collected and sold. It forms a curious coincidence of Governor Brown's lifa-lhat_this state road which he managed so successfully for the state while hejvas Governor, and whose brilliant and profitable handling made, so ragfked a-£eature.of his gubernatorial administratiojn, shouLd_have_come_ under his control as president of a leasing company that rented, it from the state. -The road seeras to have been destined to become an iraportant factor in his career. He is to-day the president of the lease— company, and the road is most ably managed. It is a strange fact that the road has never paid much to the state except under his management. As Governor he made it pay from three to four hundred thousand dollars a year. And its regular rental is now $300,000 a year. One of those mammoth concerns that filled so large a share of South ern attention, but never seemed to have resulted in any practical benefit, a Southern Commercial Convention, asserabled during this year in Montgomery, Alabama, on the second Monday in May. Gov. Brown appointed the following delegates which we give in full, as showing who were the leading men of the State at this time : Delegates from the State at Large. — WUson Lumpkin, George R. Gilmer, Wra. Schley, Geo. W. Crawford, H. V. Johnson, H. Warner, Hines Holt, Thomas W. Thomas, C. J. Jenkins, Wm. H. Stiles, Jas.. Gardner, B. H. HiU, F. H. Cone, L. Stephens, E. A. Nisbet, M. A. Cooper, D. J. Bailey, A. H. Chappell, Joel Crawford. First District.— K. H. Hansell, P. Cone, E. J. Blackshear, Charles Spalding, J. H. Cooper, F. S. Bartow, J. P. Screven, G. P. Harrison, Jno. W. Anderson, A. R. Laraar. Second District.— 'Wm. Dougherty, T. Loraax, J. N. Bethune, J. . A. Jones, Jr., Jno. A. Tucker, R. H. Clarke, L. M. Felton, A. H. Col quitt, W. A. Hawkins, W. M. Brown. THE SOUTHEEN COMMEECIAL CONVENTION. 73 Third District. — W. Poe, O. A. Lochrane, W. K. De Graffenried, P. W. Alexander, D. P. HUl, C. Peeples, A. F. Owen, Geo. R. Hunter, J. D. Watkins, A. R. Moore. Fourth District. — E. Y. Hill, L. H. Featherstone, A. J. Boggess, B. H. Overby, J. W. Duncan, Robert J. Co wart, "J. O. Gartrell, W. C. Daniel, Wra. A. Harris, H. Buchanan. Fifth District. — Jno. H. Lumpkin, H. V. M. MiUer, S. Fouche, Jno. A. Jones, W. T. Wofford, Lindsay Johnson, Joseph Pickett, G. J. Fain, C. B. Wellborn, Elisha Dyer. Sixth District. — Sumner J. Sraith, Robert McMillan, Asbury Hull, Wm. L. Mitchell, John Billups, Wm. A. Lewis, Jas. P. Simmons, Samuel Knox, W! Boyd, S. Reid. Seventh District. — Augustus Reese, George R. Jesup, P. Reynolds, MUler Grieve, Sr., S. N. Boughton, R. M. Orrae, Sr., David W. Lewis, J. W. Burney, Robert R. Slappey, Junius Wingfield. Eighth District. — Isaiah T. Irwin, Jno. Milledge, Jas. T. Nisbet, W. Gibson, Thomas Barrett, A. J. Lawson, A. R. Wright, E. H. Pottle, Robert Hester, Dr. W. WilUngham. Of these gentlemen WUson Lumpkin, George R. Gilmer, Wm. Schley, Geo. W. Crawford and H. V. Johnson had been Governor of ^the state. Judge F. H. Cone was the founder of the Know-Nothing party in Georgia, a man of great power in his day, who had a desperate personal conflict with Alexander H. Stephens, in which he cut Mr. Stephens badly with a knife. Mark A. Cooper was a wealthy iron manufacturer, who was very prominent in Georgia politics. Jle^ -was one of the, famous trio of.. Colquitt...-Cooper. and-Black. that in 1840 revolutionized the politics of the state, and, esta,blished the .Democratic party inpower. He was a leading candidate for Governor at one time. His large fortune was ruined by the war, and for many years he has been passing his old age in quiet retirement. A. H. Chappell was a noted man for many years, a distinguished Congressman. He was known for his long speeches, which tradition says he used to recite in advance of their delivery to his faithful horse in his rides horseback. It is also told of him that in a courtship after he was sixty years of age, while visiting in Monroe county, where the lady lived, he engaged in a game of " blind man's buff " with her. The incident is probably not true, as Mr. Chappell was a very stately, dignified gentleman, and it was likely invented as a piece of campaign badinage. A. R. Lamar has been for the last twenty-five years one of the conspicuous editors of 74 JUNIUS WINGFIELD. the State, conducting the Savannah Georgian and Columbus Times. Few men can equal him in. his command of a pure, forcible and elegant stvle of writino-. He has been one of the men who have labored long for party without reward. Wm. Dougherty, who is dead, was the great lawyer of his day — a -man of wonderful legal ability. He took little interest in poUtics, devoting himself, unseduced by any charm of public station, to his profession. He was a strikingly handsome man. W. K. De Graffenreid was a lawyer of ability, rauch above mediocrity. He is dead. Cincinnatus Peeples became a judge. He was a large, genial gentleman, possessed of unusual speaking talent, with a rich vein of humorous Ulustration. His warm heart and generous impulses made him very popular. P. W. Alexander was a power as a journalist, editing the Savannah Republican. Asa war correspondent he was the most famous one we had in the South. His war letters were models of critical accuracy, and clear, forcible descriptiveness. Of all of these leading Georgians of two decades back, none of thera recall tenderer memories of a beautiful manhood than Junius Wingfield of Putnam county. He was a gifted lawyer, possessing both high ability and a profound knowledge of the law. But the charra of the raan was in his pure, gentle, lovable nature and spotless moral life. His domestic qualities were exquisite. He was one of the few men who to manliness and intellect added an almost womanly tenderness of character. He died a few years ago. / Of the hundred gentlemen above recorded seventy of them have passed away, and many of them who were conspicuous persons in their day, are almost wholly unknown now. Individuals of brain, culture, influence and fame as they were then, they have lapsed out of recollec tion, their names buried in unused records of iraportant events. The learned judge, the eloquent advocate, the famous orator, the influential leader, the honored statesman, the illustrious Chief Magistrate, have alike been rewarded with the same undiscriminating forgetfulness. The Southern Convention that met in Montgoraery in 1858, like its predecessors, did nothing tangible. Resolutions by the wholesale were passed, but no practical scherae was inaugurated for increasing Southern power and enlarging Southern independence. Tennessee, Virginia, the two Carolinas, Alabama, Georgia, Florida, Texas, Jlississippi, Louisiana and Delaware were repreagnted. Mr. A. P. Calhoun of South Carolina was made President, and; Mark A. Cooper of Georgia) one of the Vice Presidents. Mr. Spratt of South Carolina set the convention wagging fiercely upon a proposition to reopen the slave trade. This inflamma- SOUTHEEN CONVENTIONS AGENCIES FOE DISUNION. 75 ble issue, and another equally perilous condemning the conference bill for the admission of Kansas as a state in the Union, which the entire Southern delegation in Congress had taken as the best they could do, were the two main topics of discussion. Looking back to that day in the calm philosophical retrospection of this, these conventions were simply potential agencies for driving sectional differences to an inevitable rup ture and the logical war that foUowed so swiftly. Wm. L. Yancey of Alabama, and Mr. Rhett of South Carolina were the moving spirits of this convention. While its members were patriotic, its objects, its delib erations, its conclusions were sectional, irritating and defiant. Compar ing these Southern movements with the Northern abolition aggressions, we can see now what we could not realize then, that the Northern cru sade, while fanatical and unreasoning in its zeal, was without local benefit to its zealots and embodied the protest of all disinterested civilization against slavery. The natural resistance of the South to these extra- constitutional assaults upon the chief institution of Southern wealth and labor, and the prop of the Southern social polity, was based upon local interest, looked to horae prosperity. Southern independence of the Union, and the withdrawal of Southern business patronage frora the North. Not only were they thus practically antagonistic to Northern interest in their objects, but in their spirit and language they were bit ter against Northern sentiment. They siraply therefore fed sectional hostility and division. It would be irapossible to conceive of more powerful instrumentalities of sectional strife. Not so intended by us or so regarded by the North, they yet thus resulted. They were an ef fective part of the preface to the great struggle in which Providence had doomed slavery. They were the concentrated utterance, intense, open-voiced, impassioned and majestic, of Southern resentment against Northern aggression upon slavery, and they both stimulated and foreshadowed the inevitable conflict that was poming so soon. Even though their final action was legitimate, that could not remove the effect of the fiery sectional deliberations that frenzied the very fanaticism sought to be thwarted. This Convention met, argued, acted and adjourned, but its only legacies were fuel for the impending Revo lution. CHAPTER X. THE SPIRIT OF 1858 IN GEORGIA. The State Judiciary.— Its PersoneUe —Judge W. B. Fleming and D. F. Hammond only Survive in 1881.— H. L. Benning.— The Bank Cases.— E. G. Cabaniss.— A New Fight of the Banks.— What Gov. Brown did as a Bank Reformer.— Brown as a Foeraan.— The Cotton Planters' Convention.— The State Newspapers.— Wm. T. Thompson.— Joseph Clisby.— A. R. Lamar.— Deceased Journalists.— Legislative Dots.— The State Road and Brown's Sweeping Reforms —John A. Tucker —John E. Ward. — Henry R. Jackson and his magnificent address upon the Expansion of American Empire and its effect on Southern Institutions. The composition of the Georgia judiciary in 1858 was as follows : Supreme Court. — Joseph H. Lumpkin, Chas. J. McDonald, Hpnry L. Benning. Superior Courts. — Brunswick Circuit, A. E. Cochran; Blue Ridge Circuit, Geo. D. Rice; Chattahooche Circuit, E. H. WorreU; Cherokee Circuit, R. Trippe; Coweta Circuit, O. A. BuU; Eastern Circuit, W. B. Fleming; Flint Circuit, E. G. Cabaniss; Macon Circuit, A. P. Powers; Middle Circuit, W. W. Holt; Northern Circuit, James Thomas; Ocmulgee Circuit, R. V. Hardeman; Pataula Circuit, David J. Kiddoo; Southern Circuit, Peter E. Love; South-western Circuit, Alex A. Allen; Talla poosa Circuit, Dennis F. Hammond; Western Circuit, N. L. Hutchins. Of these officials all of the gentlemen who were Justices of the Supreme Court are dead, and fourteen out of the sixteen Superior Court Judges. The only living ones of this array of judicial talent are Judge W. B. Fleraing, who is now Judge of the Eastern Circiiit, and very old, and Dennis F. Hammond, who lives in Atlanta, in fine law practice and vigorous health. Judge Hammond is a gentleman of peculiar and original character, and has been perhaps as strong a man physically as we have ever had in Georgia. A thick-set, raassive frame of iron strength, backed by a most resolute will and a raost reraarkable volubility of words in talk, belongs to hira. While he is a preacher as well as lawyer, he belongs to the church militant, and has been ever ready to enforce his spiritual expoundings upon refractory subjects with a physical drubbing. The anecdotes of his ready and irresistible combativeness are numerous and racy. Nature never made a sincerer or kinder or a more stubborn spirit. Judge Fleming has been an upright and able Judge, and has the gratification of serving on OF OFA.'J!.i'L-i HENEY L. BENNING. 77 the bench of the Eastern Circuit, while he has a son equally able and respected, who presides in the Albany Circuit, Judge William O. Fleming. Judge Henry L. Benning, of the Supreme Bench, was a very raarked man in Georgia. He made a gallant record as a Brigadier General in the late war. He won for himself the sturdy soubriquet of " Old Rock." He was a man of absolutely crystal truth. He had a candor and directness proverbial. He spoke with a low, guttural tone and a syUabic precision, that heightened the idea of his manly force of character, He was able to take unpopular positions without loss of respect, so strong was the confidence in his sincerity. A very strong effort was made in the Gefieral Assembly of 1858 to strike down " Old Rock." The suit of Beall vs. Robinson, from Muscogee county, was a case involving the liabUity of the stockholders of a broken bank for bills that had been issued. Judge Benning was the son-in-law of Col. Seaborn Jones, a stockholder, and had been attorney for Gen. D. McDonald, another large stockholder of another bank. He presided in the case and gave decision against the biU-holders. A petition was presented to the General Asserably urging the body to take some action against Judge Benning, and a resolution was introduced in the Senate advising and requesting Judge Benning and McDonald to , resign their offices. The matter created a good deal of feeling, but the Senate voted to lay the resolution on the table for the balance of the session by a vote of 67 yeas to 45 nays. Judge Benning had been urged not to preside in the case, as it was similar to cases in which his client and his father-in-law had been interested. He presided because he deemed it his duty not to shirk his responsibUity, and in the decis ion he explains this very urgency of his duty. The famous lawyer, Williara Dougherty, was the moving power in these cases, and he inspired the hostile proceedings in the legislature. The incident unjustly did great injury to Judge Benning a long time, which he keenly felt. And after the war, when he was defeated for the Supreme Bench in the legislature by Dawson -A. Walker, it was through the active agency of Mr. Dougherty on account of this very decision, Dougherty declaring that he would support Benning for Governor, or anything else, but he should not go on the Supreme Bench if he could help it. Benning, who was a man of sensitive honor, though of anbending will, afterwards declined to allow Gov. Smith to appoint him Jndge of the Supreme Court, because he considered the action of the legislature in defeating him as a condemnation of his course in the Beall-Robinson raatter. 78 CONTINUED BATTLE OP THE BANKS. Of the judges mentioned Judge E. G. Cabaniss had a high measure- of public esteera and influence. He was a very conservative public man of solid sense, and the personal consequence that belongs to careful judgment and scrupulous conscience. He belonged to that class of citizens known as " safe " men, clear-headed and calm-tempered. Judge Powers of the Macon Circuit soon resigned, and Gov. Brown ap pointed in his place for the interim Henry G. Lamar, who had been so prominent in the gubernatorial contest that resulted in Gov. Brown's nomination. During the year 1858 the banks resumed specie payment long before the time specified for resumption in Novembfer, but sorae twenty of the banks failed to raake the semi-annual return on the 1st of June required under the law of the suspension. Upon the failure of the banks to do this the law required the Governor to issue proclamation publishing the names of the delinquent banks, and notifying the Treasurer not to re ceive their bills. This the Governor did, and when the Legislature met in November his message was largely taken up with a continued dis cussion of the Bank question. The battle of the Executive with the banks had not ended. Popular sentiment had overwhelmingly backed the Governor, but the banks were strong and defiant, and in the exist ing condition of the law they were powerful and independent. There was no formidable penalty attached to their disobedience of executive authority, and they had under 'the statutes as they were, in some cases issued as high as fifteen dollars for one, or at least previous returns so showed. Gov. Brown has always been a perilous foeman, never hold ing up while he could strike upon a resisting antagonist. If the bank authorities supposed for a moraent they could successfuUy and with irapunity defy him in his official authority they were sadly mistaken. He came back with renewed vim. He discussed the whole question with great ability. He urged that the banks be required to pay a pen alty of two per cent, a month upon their capital stock whUe they dis obeyed the statute, which is now the law. He also held up to light im perfections of the banking system, which needed correction. Reviewing this acrimonious agitation, recalling the abuses that had crept into our bank system, and estimating the value of the reforms made in conse quence of the stubborn fight of our resolute young Executive against the combined capital of the state in that memorable session of 1857-8, it wUl be seen that a very large amount of good was accom plished and a substantial service was rendered to the people. Before this the state treasury had suffered a loss of over half a raiUion of dollars COTTON PLANTEES' CONVENTION. 79 on account of the Central bank and Darien bank. Besides, numerous financial panics in which the banks were controlling agencies had brought upon the citizens of the state individual loss. Gov. Brown was the direct cause of a wholesome and sweeping reform in our whole scheme of banking, a reform going to the very. vitals of our prosperity, affecting commerce and agriculture. He so clearly and forcibly brought to light the evUs of the then existing systera, and he was so unyielding in pressing their reform, that a permanent change for the better was effected through his powerful instruraentality. During the year 1858 a Cotton Planters' Convention was held in Milledgeville on the 8th of June, of which Howell Cobb was President, and Gen. B. H. Rutherford and Gen. J. W. Armstrong, Vice-Presi dents. This convention illustrates the spirit of the South in that day to organizations for Southern benefit. Mr. Cobb addressed the conven tion, stating its objects. Committees were appointed on the following subjects, comprehensive enough, it must he admitted: 1. The Cotton Power. 2. Cotton Power as an American Power. 3. Cotton Power as a Southern Power. 4. Cotton Power as a Union Power. 5. Cotton Power as a Peace Power. 6. Cotton Power as an anti- Abolition Power. 7. Direct Trade with Foreign Countries. The cooperation of other states was invited, and the convention adjourned to September, when it re-assembled in Macon. Some reports were made, and the convention adjourned subject to the call of the chairman without any action. Araong the leading papers in the state at this time were the Savannah Xeics, W. T. Thompson, editor; Savannah Republican, J. R. Sneed; Macon Telegraph, J. Clisby; Augusta Chronicle and Sentinel, Wm. Smythe; Augusta Constitutionalist, James Gardner; Columbus Times and Sentinel, P. H. Colquitt and James W. Warren; Federal Union, S. M. Boughton; Southern Recorder, R. M. Orrae; Atlanta Intelli gencer, A. A. Gaulding; Griffin Empire State, J. H. Steele; Macon State Press; Calhoun Georgia Platform; Cartersville Express; Cass- viUe Standard; Griffin Independent South; Wire Grass Reporter,- Columbus Eiquirer, John H. Martin; Savannah Georgian, A. R. Lamar; Athens Watch.man; Newnan Banner and Sentinel; Albany Patriot; Columbus Comer Stone, Gen. J. N. Bethune; Bainb ridge Argus; Lagrange Reporter, C. H. C. WiUingham; Madison Family Visitor; Bainbridge Southern Georgian; Dalton Times, T. R. Chris tian; South- 'West Neios; Lumpkin Palladium, Dr. J. C. C. Blackburn; Temperance Crusader; Athens Banner; Sumter Republican, C. y\\ Hancock. Of the editors then ruUng the Georgia press there are Uv 80 THE GEOEGIA PEESS IN 1858. ii^g, W. T. Thompson, still in charge of the Savannah News; J. Clisby, yet at the head of the Macon Telegraph; James W. Warren is Sec retary in the Executive Department and a most polished writer; J. H. Martin, A. R. Lamar and Gen. J. N. Bethune are out of journalism; Dr. J. C. C. Blackburn is editing the Madisonian at Madison; J. R. Sneed is in tbe city of Washington, filling the place of Assistant Post master of the Senate. Col. Thompson won an enduring farae as a natural humorist by the publication of that inimitable book, " Major Jones' Courtship." But he had more than humorous power. A gen tleman of strong convictions and decided views, he was an able polit ical editor. Jos. Clisby of the Telegraph is one of the raost versatile and graceful writers of the Georgia press. Some of his writings have been marked by a remarkable grace and a vein of delicate humor. A. R. Lamar was one of the purest writers of English that we have ever had on the Georgia papers. J. H. Martin has wielded a siraple but vig orous style, and been noted for a judicial sort of conservatism in polit ical commentary. Dr. Blackburn was a facile writer, and flourishes a ready sparkling pen to this day. C. W. Hancock is stUl publishing the Sumter Republican, one of the best papers in the state, and is a vigor ous and versatile editor. Mr. C. H. C. WiUingham is now editing the Cartersville Free Press, and is to-day as he was twenty-five years ago one of the boldest and most graceful writers in our state journalism. Of the deceased editors, Jas. Gardner, Wra. Sraythe, S. M. Boughton, R. M. Orme and J. H. Steele were all editors of state repute as experi enced, aggressive and capable poUtical controversiaUsts, — raen that bore themselves gallantly in the memorable campaigns of those days, giving hard blows and upholding their respective sides with bright capacity and rare vigor. The MiUedgevUle papers, though weeklies, were powers then, having large and general state circulation, and wielding great influence. Both Mr. Boughton of the Union and Mr. Orme of the Recorder were editors of unusual abUity, and their bouts were marked by incisive force and a fine grasp of political argument. The session of the General Assembly of 1858 has been touched upon in connection with the bank matter. Among the changes that had taken place in the body, Mr. Cumbie, the representative of Baker county, had been cut off in the formation of the new county of MitcheU and Alfred H. Colquitt, the present Executive of Georo-ia, was elected as the representative from Baker. In the middle of tlie session, Mr. John E. Ward, the senator from Chatham county, and the president of the senate was appointed the United States minister to China and re- RELIGION ON THE STATE EOAD. 81 signed his place. Mr. T. L. Guerry was elected president, and Mr. Wm. H. StUes was returned from Chathara county, as its senator. The new counties of Banks, Brooks, Johnson, Echols and Quitman were created at this session, making thirteen new counties formed by this General Assembly. A bilLsai§fc-iiitroduaad.and excitedly .discujsefl to_lea|aJJie .stata, road.-. It is a curious coincidence that in hia mes sage. Gov. Brown, in discussing the state road, maintained .its, great value and reraunerativeness, and javowed that as a private citizen, he would be ready to lease the road and bind himself to pay .$25,000 a montnto the state for a long texenoi years. This very arrangement he afterwards consummated and is now executing. In spite of Gov.Brown's successful management of the road, the opposition press fought him savagely upon it. He persisted in his policy, cutting down every ex pense, keeping the road in good order, and paying monthly into the treasury large sums, until the opposition were silenced, and reluctant enmity was obliged to accord to him a great practical triumph of raU road government. Every species of detraction was employed against hira. He had ap pointed as soUcitor general of the Cherokee Circuit, in the place of J. C. Longstreet, deceased. Col. J. A. R. Hanks, who belonged to the Bap tists and sometimes preached. .^ howl was raised against- Gov. JBiosvn, on the ground-tbat-he was giving a monopoly of his official patronage fo his Baptist brethren, and the charge yra§,,i]ag4.^„thai^ik.e„had,,gtocked^ state road with this favored persuasifln. Some statistical employes of the state road undertook to vindicate the Governor from this accusa tion, and pubUshed a table showing the religious complexion of the road force. There were 7 Lutherans, 60 Missionary Baptists, 12 Primitive Baptists, 5 Campbellite Baptists, 31 Presbyterians, 57 Methodists, 8 Episcopalians, and 15 Catholics. This exploded the charge. There were many personal inducements for opposition to the Governor, in his administration of the road. HeJiajljiiadeuaDLfinlixe change_Di manage- ment_in_tlig_,lQICe-f£«»>' «np&i!J.n±a.n.d&n.t..-d.own., t;b,PS OrR/i-*',ina;_^Mi.iT'J"'aflSfi enmity in the discbarfyed employes. The public complaint because the road had paid so little money into the treasury, under previous admin istrations had been so great, that the Governor deemed it best to estab lish a new regime. -A^ain, the leading politicians of the, state, had enjoyed the privilege of free passes_uppnjhe road, and Gov. ficoao-Cut off this, to the great dissatisfoption,. of the favored ^satleroen. In se lecting officers~to run the road, he appointed men solely on his knowledge of their qualifications, and without regard to application or 6 82 SPEECH OP GEN. HENEY E. JACKSON. endorsement, frequently tendering places to men who had not applied. The claraorj)|_ disappointed ..appUcants thu.§..Addgdj^oluine to the oppo- sition. But the Governor had resolved to make the road a paying in stitution, and he pushed this purpose to completion, with his accustomed judgment and decision. The petty fuss against his reform, was soon lost in the great current of popular appreciation of his genuine public service. " Nothing succeeds like success " has a profound truth in it. A state income from the road of $200,000 the first year, and $300,000 the second, and $400,000 the third, was an arguraent well calculated to silence grumblers and please the people. , The Governor in every matter that came under his control had an eye to promoting the State's interest. There was a large amount of the state school fund lying idle in the treasury. He deposited it with the Bank of Savannah until the time came to pay it out under the law, under an arrangement that brought the nice little sum of $6,000 interest into the treasury. Under previous administrations, beginning with Gov. Geo. W. Crawford, a Whig executive, some twelve years before, who set the prec edent, the practice was to publish executive proclamations in only one of the papers at the seat of government, selecting the organ of the party in power. Gov. Brown broke this custom, giving the proclama tions to both papers. It was during the year 1858 that a gentleman of very considerable repute, John A. Tucker, of Terrell county, comraitted suicide. He was a man of strong natural talent, without culture, of great local influence and state prominence. He took his own life in one of the moods of melancholy superinduced by occasional dissipation to which he was addicted. It was also during this year that a very general cattle dis ease prevailed, a sort of sore tongue among cows, that seized every thing, but was not very fatal. This year saw a distinguished Georgian, Hon. John E. Ward, selected as the United States minister to China, while another equaUy distin guished Georgian, Hon: Henry R. Jackson, had returned to his horae in Savannah, after briUiant service as United States rainister to Austria. - Mr. Jackson was invited to address the Legislature on public raatters, and did so on the evening of the 33d of November, 1858, in a speech of remarkable eloquence and power, on the therae of the " Extension of American Empire, and its Effect on Southern Institutions." It was a masterly vindication of the idea of territorial expansion, and abounded in passages of impassioned and beautiful rhetoric. The Federal Union in speaking of the address, said, " that golden thread of poesy, which SPEECH OF GEN. HENEY E. JACKSON. 83 in other days linked his soul to the beautiful and the good of earth, still shines through the inner, and sways the sweet influences of the outer man." The following passage will give an idea of the exquisite eloquence of this address : "First and foremost among men, Washington, decUning to place a crown upon his own brow, immaterialized the principle of government, taking it out di raaterial forras and placing it in the abstract law. There it stands, cold yet pure, unsympathizing yet incorruptible, a crowned abstraction, holding the scepter of empire in its pulseless hand, the constitution of these United States. (Cheers.) Sublime reflection! that the American citizen is the subject only of thought. Exalting prerogative ! that wherever or whoever he may be, whether seated in the executive mansion, the nation's chief, or following his plow iu the broad blaze of the noon-day sun in the solitude of the Western wilderness, he recognizes no material medium between himself and the soul of all thought, of all law, of all truth, and that when he kneels he kneels alone to his God ! (Cheers.)" He thus concluded in a storm of applause : " Not yours the vast commercial emporium with its countless temptations to corrup tion and crime ; not yours the ancient capitol, enriched by the accumulated hoards of lapsed ages of enervating time ; not yours tire luxurious palace, adorned with the works of serai-sensual art ; but yours at last is The State, in the simple words, but sublime thought of the poet : ' What constitutes a State f Not high-raised battlement, nor labored mound, Huge walls nor moated gate. Nor cities proud with spire, and turret-crowned ; Nor starred and spangled courts Where low-born baseness wafts perfume to pride, But men, strong minded men. Men who their duties know, but know their rights, And knowing, dare maintain. These constitute a State !' " CHAPTER XI. ' GOVERNO'R BROWN'S SUPERB PUBLIC ENDORSEMENT AND RENOMINATION. The Codification of Georgia Law.— Thoraas R. R. Cobb.— The Universal Demand for Gov. Brown's Re-election. — The Unknown Gaddistowner, the Master of the State in Twelve Months.— The Unparalleled Torrent of Popular Pnaise.- Some of the Royal Voicings of Press and People.— Wonderful and Unprecedented Tributes. —A Monotony of Encomium.— The Democratic Nominating , Convention.— Its PersoneUe.— John B. Walker's Flashing Speech. — Formalities Dispensed with. Brown Renominated in a Unanimous Whirlwind. — The Exquisite Impromptu Speech of Henry R. Jackson.— A Gem of Eloquence.— Brown Brought In — A fie- markable Acceptance.— Resolves to raake no Canvass. I It was at this time that the iraportant work of the codification of our laws began. The General Assembly elected as Codifiers, ex-Gov. "HerscheU V. Johnson, ex- Judge David Irwin, and Judge Iverson L. Harris, at that time presiding over the Ocmulgee Circuit. Judge Har ris was a citizen of MilledgeviUe, a lawyer of great ability and high character, who was afterwards elevated to the Supreme Bench. He was a gentleman of purity of nature and very positive and conscientious. He and ex-Gov. Johnson declined the duty, and Gov. Brown with ad mirable judgment appointed Judge Richard H. Clark and Thoraas R. R. Cobb in their places. Mr. Cobb was the brother of Hon. Howell Cobb and one of the leading lawyers of the state. He possessed both high order of intellect and an elegant culture. He was also a man of herculean capacity for work. His industry was tireless. He had been for years reporter of the Supreme Court, was author of a Digest of Georgia law, and an erudite work on the Law of Slavery. He was a man of deep religious feeling and an elder in the Presbyterian church. He was also a professor in the Lumpkin law school at Athens. The Code was finished and adopted in 1860, to go into effect on the 1st day of January, 1862. A legislative committee consisting of Hines Holt, Dan'l S. Printup and W. W. Paine of the Senate, and Geo. N. Lester, Isham S. Fannin, W. G. Delony, M. W. Lewis, C. N. Broyles and C. J. William§ of the House examined and reported in favor of the code. The work was an extensive, original and unprecedented accomplish ment, embodying in concise and symmetrical form the vast body of THE GUBEENATOEIAL SUCCESSION. 85 common and statutory law in force in the state with the judicial expo sition of the same. In 1863 the Code was reraodeled to conform to the Confederate Constitution. In 1867 a revision of the Cpde was made by David Irwin, covering the changes made since the surrender, including the Constitution_ofJj65, and this revised Code was examined and rcr ported upon by a committee of citizens, appointed by Gov. Jenkins un der a resolution of the GeneraJ .Assembly, composed of Gen. Andrew J. Hansell, Col. Logan E. Bleckley and Col, Nathaiuel - J. Hammond. This has lieen "known as ,t);iq Qf),dP' "f 1868. The last revision of the Code was in 1873, by David Irwin, Geo. N. Lester and Walter B. HUl, and the examination of it was done by the Attorney General of the state, Hon. N. J. Hammond, under direction of a resolution of the Gen-.. eral Assembly of 1872. This revision contained the Constitution of 1868, and the suprerae court decisions and the statute lawg up to 1873. In the beginning of the year 1859 the agitation of the gubernatorial succession coraraenced. The convention was called for .lune. The whole drift of deraocratic preference was for Governor Brown. No Executive in the history of the state has ever made such an impression upon the people. His establishment and maintenance of leadership was soraething phenomenal. His clutch of the popular heart was a miracle of personal achievement. His fierce strifes of public policy and sturdy championship of the public interest had rooted him deep and fixed in the affections and admiration of the masses. His popu larity was so pronounced that no democrat allowed his name to be canvassed in opposition to the people's manifest desire for Brown. It must be considered that at this time it was but a little raore than a year since he had been sprung, an unknown raan, upon the people of the whole state. Yet in this brief time, iii spite of inexperience and the drawbacks of his obscurity, he had by his iron force of character, magnificent genius of common-sense, and inborn statesmanship, im pressed himself upon the coramonwealth as a vital, foremost, irresistible public leader, the uncontested and dorainant master of the state. It was a proud work. The spontaneous utterances of the press, and the unprompted resolu tions of county meetings in aU parts of the state testify strikingly to the public estimate placed upon Governor Brown after this one short year of public service as chief magistrate. It was a realization of the ancient fable of the consummate Minerva springing fuU armed and matured at birth from the brain of Jove. Without the usual appren ticeship in public life, he had shown himself a full-grown statesman. 86 PEESS ENDOESEMENTS OP GOV. BEOWN. handling the great and coraplicated affairs of state government with unsurpassable ability. Sorae of the endorsements of him are remark able. Col. W. A. Lewis of Forsyth Co., who had opposed Brown, wrote to the Lawrenceville JVews that " he cordially endorsed Gov. Brown's administration of the affairs of the state." Hon. Wm. H. Stiles, who was before the last convention, saw his name raentioned in the " Southern Confederacy," at Atlanta, as a probable candidate for Governor. He published a brief letter, saying, " I have no desire to disturb an administration which, so far at least as the public prints indicate, seems to afford such general satisfaction." In a very strong editorial Dr. Blackburn of the Lumpkin Palladium used these incisive sentences: " His Excellency, Governor Brown, has, as we predicted in au editorial of May last, when fhe bank organs of the state were hunting him down with blood-hound ferocity, proven himself fully corapetent to discharge the duties of Governor of a great and growing coramonwealth, and now is entitled to the proud epithet of being the model Governor of this Union. He is a, safe custodian of the people's honor, a fearless exponent of correct principles, and a safe keeper of the mighty resources of the Empire state. He has by his fearless course forced his traducers to acknowledge his adminis trative capability. He is our only choice for Governor for the next term, and we beheve that we but reflect the honest sentiments of four-fifths of the Democracy of South western Georgia." The Columbus Times used this forcible language: " The adrainistration of Joseph E. Brown has been from the period of his inauguration to the present moment, successful and satisfactory to the people. We need not refer to the acts of his administration in proof of what we s.iy — we need not allude to his bold, independent course iu displacing officers— adhering to true and correct principles, and his successful management of the state affairs, to vindicate us iu awarding to him what justice demands. We mean simply to echo the sentiments of the people iu wishing the shafts of malice thrown at him to be broken, and that he -nill reraain another term in the office which he now fills with so much credit to his party and honor to his state." The MUledgeviUe Recorder, the uncomproraising organ of the oppo sition, in the foUowing paragraph of bitter sarcasra bore unconscious testimony to the Governor's influence: " It is known that Gov. Brown has won an enviable reputation as an honest man, especially in a financial point of view, and the knowledge and belief of it was quite jnSiBle upon the legislature. For it was a noticeable fact, that -svhenever a bill or resolu- ! tion that had for its intention the appropriation or paying out of money, it was immediately suggested that it be referred to the Governor to do as he thought "best. In other words, the legislature seemed willing to shift all responsibility, and dodge behind ~EKe accredited honesty of the Governor." The Macon Telegraph stated emphatically: milledgeville's eemaekable teibute. 87 " It is universally conceded that the people, or ninety-nine in one himdred, at least, of the democracy are favorable to the re-nomination of Gov. Brown." These are specimens of the complimentary endorsement that the party press of that day gave Gov. Brown. It was, however, in the resolutions of the county meetings that popular approval seems to have uttered its most ardent expressions. At a democratic meeting held in Milledgeville in March, presided over by Col. D. C. Carapbell, a committee coraposed of Judge I. L. Harris, M. D. McComb, F. G. Grieve, Dr. W. A. Jarratt and D. P. Brown, reported the following extraordinary resolutions, which were unanimously adopted, and constitute as powerful a public tribute as any public man ever received: " The year 1859 is destined, politically, in Georgia in some respects from appearances to be remarkable. Within the memory of the eldest among us,' the high honor of being the Governor of the state has never been won and worn without a severe, and most usually, a bitter party contest. It has not unfrequently, also, been a matter of difficulty to ascertain the choice of the people, and hence the necessity which has hitherto existed for conventions to collect, concentrate and reflect their will. " In the ranks of the democratic party there is uo contest for this high office; if there have been any aspirations for it, they have been hushed in the general voice of the people of Georgia. One name — one person only is thought of — talked of for Governor. It is folly, — it is worse, — it would be madnesp, to attempt to frustrate that will that makes itself so unmistakably and audibly heard. Of the people — he is emphatically at this time the favorite of the people. " It will be, we think, the peculiar good fortune of Gov. Brown, though he should again be presented by the democratic party for re-election — to meet with an acceptance from the state at large, which it never was the lot of any of his many distinguished prede cessors to secure. Such an event— a probability -most likely to occur — is strikingly suggestive. Can it be otherwise than that his administration of the executive depart ment has been singularly wise, prudent, just, vigilant, firm and energetic, and in accordance -with the pulsations of the popular heart, to have commanded, as it has done, such an unwonted popular approval. "Compelled by official duty to re.side within our limits, the citizens of Baldwin count^_ cheerfully bear testimony to the modest, affable and unpretending deportment, and tol the plain, simple, republican habits of this distinguished citizen of the Cherokee section] of Georgia, by which he has secured our affections and esteem." This magnificent and spontaneous encomium, unlike the hackneyed formalism of such occasions, coraing from the source that it did, extorted as it was by sheer merit and the luster of unembeUished deed, giving exalted precedence to the simple-man-oLtha-People above ,a long Une of aristocratiajadJaalliant Plpdec^e^orSj wajjn4§.ed.such- a-grand public recognition as. few. men -deserve and fewer &btain. The Democ racy of Talbot county resolved, " That the wisdom and unwavering firmness of his excellency Gov. Brown, his upright and judicious admin- 88 county ENDOESEMENTS OP GOV. BEOWN. istration of state government, his practical and praiseworthy manage- riient of public property, his guardian protection of the people's every interest in his hands, not only warrant his continuance in office, but command the respect and admiration of every true Georgian." The democrats of the plucky county of Campbell' instructed their delegates " To go for Brown first. Brown last, and Brown all the time, and never to surrender ' our choice ' to the factious opposition of a minority having personal injuries to redress and avenge." L. B. Watts was chairman of the meeting, and Dr. T. C. Glover chairman of the committee that repojted these pointed words. Butts county declared that " the admin istration of Gov. Brown meets with unanimous approval." B. F. Ward was chairman, and the committee, A. Taliaferro, C, S. Foster, E. Var- ner, Thomas McKibben and J. Carmichael. The WUkinson county democracy said that Gov. Brown's adrainistration had " met with the cor dial approbation of almost all parties throughout the state." In a Cobb county meeting presided over by Judge Rice, T. H. Moore, chairman of committee, reported resolutions declaring " that Joseph E. Brown is the people's choice, and they will be content with no other," and that a convention was unnecessary. Cherokee and Stewart counties had rousing meetings. In the Stewart gathering. Judge James Clarke speaking used this slashing language: "Joseph E. Brown at the com mencement of the last' political campaign was called in derision ' the Cherohee cow driver; ' he 'has proved himself the driver out of the plunderers of your^country; the driver out of dishonesty in high places; the driver out by his intrepid vetoes of vicious and corrupt legislation; and the clriver outoi those exolusiYe privileges by which. p_ne set of men are enabled to enslave an9ther." And he added this applauded compU- ment : " Brown has proved himself as thoroughly made of hickory as Old Hickory himself." The Pulaski county democracy resolved to sup port "Honest Joe Brown." In Washington county a meeting presided overby Gen. T. J. Warthen, with J. N. GUmore and Evan P. HoweU as secretaries, adopted unanimously a graceful and vigorous set of resolu tions reported by a committee coraposed of Col. Jaraes S. Hook, Thomas O. Wicker, Beverly D. Evans, Jno. Kittrell and W. G. Robson. The resolutions bear the mark of having been written by that writer and speaker of unusual power, Colonel, afterwards Judge Jas. S. Hook, one of the ablest lawyers and purest citizens of the state. The foUow ing resolution is a glowing encomium upon Gov. Brown. " Resolved, That the administration of Gov. Brown stands out in its own solid, yet unpretending grandeur, a splendid monument of high intellectual sagacity and moral C.\SS COUXTA' .U.ONE anti-beown. 89 heroism, reminding us most vividly of the stern and manly virtues of those noble and great men who illustrate the early history of the republic." The Merriwether county Democracy complimented Gov. Brown's " watchful guardianship." Wilcox county deemed it " but an act of sheer justice " to renominate him; Appling county declared him "the raan who was not afraui to throw hiraself between the frowns of the cor- porations and the people's interest." Muscogee county, in a meeting presided over by Wiley Williams, declared that Gov. Brown " is our first choice." Even Chatliam county, the central point of the bank influ ence, endorsed Gov. Brown's administration as a whole. The endorsements above selected are taken frora an unbroken current of commendation, that the people of the state gave to Gov. Brown. No public raan has ever been so endorsed. There was almost literally no dissent in the Deraocratic party. Fulton county at first seemed divided upon Gov. Brown, there being many disappointed state road ex- eraployes in Atlanta, but a public raeeting decided overwhelmingly for Brown. Polk county sent a divided delegatiqp. to the convention. Aiid_Ca£5^co.unty alosLg^sent an anti-Brown delegation headed by a dis- charged railroad official. The Wire Grass Reporter with a grim humor, said editorially, " We were really getting a little wearied and jaded at the everlasting resolution, recurriftg in every county, pronouncing in favor of the renomination of Joseph E. Brown, until we came to Cass. Here we found a change come over the spirit of the meeting; a new sensation sprung quite refreshing amid the Brown monotony; a new ' hu-r-r-ah,' reminding us strongly of Rip Van Winkle's approach to the whig meeting after his thirty years' nap, swinging his beaver and huz zaing for old King George; and like Rip if the Cass boys do not get hustled for it, we shall wonder." Even some of the opposition press were for Gov. Brown. The Surfiter Republican, edited by Mr. Han cock, was for calling an American state convention, but urged that the convention should endorse Gov. Brown. The Democratic convention, assembled in MUledgeviUe, on the 15th of June, 1858. It was a very large and able body. There were 405 dele gates frora 117 counties, Araong them were Gen. Henry R. Jackson, and Hon. Julian Hartridge of Savannah, Hon. James Jackson of Clarke, Gen. WiUiara PhiUips of Cobb, Milton A. Candler of Dekalb, E. W. Chas tain of Fannin, Logan E. Bleckley of Fulton, Daniel S. Printup of Rome, W. A. Lofton of Jasper, F. H. West of Lee, Samuel HaU of Macon, Randolph Spaulding of Mcintosh, T. P. Saffold of Morgan, Porter Ingram of Muscogee, H. Fielder of Polk, L. J. Aired of Pickens, 90 THE DBMOCEATIC CONVENTION OP 1858. Dr. J. C. C. Blackburn of Stewart, W. A. Hawkins of Sumter, D. N. Speer of Troup, C. J. WeUborn of Union, E. H. Pottle of Warren, George HUlyer of Walton, J. A.' R. Hanks and W. K. Moore of Whitfield, Gen. T. J. Warthen and T. O. Wicker of Washington, and Hon. James L. Seward of Thomas. The business went through with a rush in this large convention. The party had spoken with an emphasis and a unanimity rarely seen. The great gathering was merely met to record the popular wUl. The ordi nary formalities were brushed aside. Mr. Steele moved to dispense with the caUing the list of delegates and go to business, and it was promptly done. Col. John A. Jones moved a coraraittee on organiza tion. E. W. Chastain moved that John B. Walker be made president by acclamation, and it went through like a flash. Mr. Walker was a farmeu^ but he made a ripping little speech. Modestly claiming to be no presiding officer, he glittered out in a rare succession of eloquent utterances. Said he, warming up: " We have not assembled,here, gentlemen, to discuss our political creed, to repair our political platform, to add a plank to it, or take one from it. No, gentlemen, we feel that our old political platform is one so durable, that time may wither at its base, eternity play around its summit. We have come here to place upon that old pohtical platform a man that is worthy of our full and entire confidence, and who will secure the popular vote of the state." He closed in a whirlwind of applause. Several motions were made for a business committee, but the body was in no mood for formalities. Hon. James L. Seward offered a crisp trio of resolutions. The first reaffirmed the Cincinnati platform of 1856; the second endorsed Pres ident Buchanan; the third was as follows: " Resolved, That the honesty, fidelity and ability which Joseph E. Brown has mani fested, as the Executive of Georgia, entitles hira to the confidence of the whole people of the state, and we hereby nominate him by acclamation, as the candidate of the dem ocratic party of Georgia for the next Governor." The first and third resolutions were immediately adopted unani mously. The second resolution -about Buchanan was adopted by 371 yeas to 34 nays. Hon. Henry R. Jackson was called on by tJie conven tion for a speech. Rising in response to the call, Mr. Jackson began in that musical, tremulous, penetrating voice that so well suited the exquisite diction and eloquent thought that marked his speeches. " And -what am I to say, Mr. President,. in response to a call so flattering to my vanity, but at the same tirae so wholly unexpected by me. Indeed the occasion for a speech would seem to have passed, when by its action this convention has already announced the almost universal thought. I seize upon the raoment, then, not for argument but for GEN. HENEY E. JACKSOn'S ELOQUENT SPEECH. 91 congratulation that argument has been in truth at no time necessary to secure among us concert of opinion, of feeUng and of action. .The principles we profess, the course and character of the men we support — more potent than words of eloquent persuasion had already secured it for us. " If I begin where the action of the convention left off — if I begin with the nomination of Joseph E. Brown for re-election to the Gubernatorial Chair, I feel that my last re mark comes with peculiar propriety frora oue who represents in part the County of Chatham and City of Savannah. It seems to have been at one time supposed that such a nomination raight not be acceptable to the Chatham Democracy. But I ara assured that I utter the sentiments of those who have sent me here as a delegate, and also the sentiment of my colleagues, in that delegation, when I say that our honored Chief Magistrate, by the general ability of his State Administration, by his integrity of pur pose and energy of action has deservedly secured for himself the earnest support of the . true-hearted deraocracy of Chatham, precisely as he has this day comraanded the ap proval of the entire democracy of Georgia. It is not that there may not have been some conflicts of opinion between us in the past ; nor that the possibility may not still exist of similar conflicts in the future ; but because in the essentials of our political faith we are with him, and with him in full, honest and warm accord." The applause that followed Mr. Jackson in these beautiful allusions to Gov. Brown showed how warmly he echoed the popular pulsation. He concluded with a brilUant defense of President Buchanan's course to the South. A committee was appointed of S. J. Smith, J. H. Steele, H. R. Jackson, D. C. Campbell and Porter Ingram to notify Gov. Brown and request his acceptance of the nomination. The committee returned in a few raoments escorting the fortunate recipient of this raarvelous honor. Gov. Brown came in amid a storm of feeling, placid and com posed as he ever was. But a brief two years had elapsed since, un known to the state at large, he had while binding wheat — Cincinnatus like — on his mountain-valley farm, away frora the telegraph and the iron track, received the unexpected news of his nomination for gover nor. The question that pealed from the public voice, " Who is Joe Brown ? " was an honest one. It iad to be answered. The people did not know. The homely young countryman had answered it, and the answer was a real one. It was a response of unparalleled power. But a year and a half of executive duty was needed to result in a unaniraous and irresistible deraand by the great popular wiU for his re-in stallation in his exalted trust. Jhe state knew him, and knew hira so well, that the people, — the " Woolhats" that he came from, and whose " ^ntereslsTieTTa3"gu£^gd as well as the. aristocrats who ridiouled_ him and whom he had fought, stood shoulder to shoulder in^dmiring recog nition of his high public service, and vied in.doing^honM to this simple ^^^jDerbjpublic adjawMrator of the people's g,ffairs. And it was a singular and impressive coincidence that the man of all others that 92 GOV. beown's speech of acceptance. stood as the eloquent mouthpiece of a great state in emphasizing this matchless tribute to the plain self-made man of the democratic masses was the aristocratic descendant of one of the great and Ulustrious fami lies of the republic, — a famUy princely from its achieved distinctions,— who represented the courtUest constituency in the state, that placed high value upon the hereditary transmission ^of gentle blood and thorough-bred ancestry. Not only this, but this constituency had been the very pedestal of these financial influences that the executive had so successfully antagonized, and it was a striking reward of honest pur pose and undeniable abUity that even these embittered powers joined in this splendid and substantial ovation. Gov. Brown's impromptu response on this supreme occasion was in some respects a remarkable one. Expressing the deep sense of appre ciation of the public confidence, raodestly referring to his past execu tive course, incisively endorsing the national policy indicated by the convention, he went on to speak with pride of the position of Georgia in the sisterhood of states and her unequaled resources. Her bonds were quoted at a higher premium than those of any other state. Her debt was only two and a half raiUions,os. P. Saffold^'^nd S. W. Burney, called the Deraocratic State Convention ior the second Monday in March, 1860. Col. Wm. K. De Graffenreid, of this commit tee, dissented from the committee and joined the Deraocratic members of the Legislature in their call for a convention for December, before vthe Legislature adjourned. Thus there was a conflict upon this matter. It seemed as if the unfortunate slavery controversy that was convulsing the country and so swiftly sweeping to a great upheaval of peace, was affecting everything with its discordant spirit of dissension. The strife in the Georgia Democracy became lively over this twin convention busi ness. The practice had begun as far back as 1842 of the party raera bers of the Legislature calling State Conventions to appoint delegates to the Presidential nominating conventions, and had continued unbro- kenly up to this time. And these State conventions consisted chiefly of the members of the Legislature, who represented their counties in the convention. If counties were not represented or represented only in part in the Legislature by Democrats, such counties sent other dele gates. The caU of the members, therefore, for the convention of the 8th of December was in conformity with precedent, and its advocates 108 the legislative democratic CONVENTION. claimed that the Executive Committee could only attend to guberna torial contests. The convention of the Sth was held, but was not a fuU body, only 75 counties out of 132 being represented, while it was a large one. Isaiah T. Irwin was made president, and F. H. West and George HUlyer sec retaries. The committee on business consisted of Messrs. Seward, Deloney, Smith of Talbot, Printup, Briscoe, Smythe, Oliver, Smith of Towns, Hill, Lawton, Broyles, King, Tracy, Cone, Rice, Fulton, Jones, Ragsdale, Hutchins and Morris. The resolutions of the convention ^recommended Howell Cobb for the Presidency, endorsed Buchanan for his course in the Harper's Ferry affair, and " Pledged support of the nominee of the Charleston convention upon the condition that it determines to maintain the equality of the states and the rights of the South — .that'we- will yield nothing of those rights for the sake of harmony, but will demand a firm, strict and unqualified adherence to the doctrines and principles on the subject of slavery, and the rights of the South in the common territories of the Union, which have been recently declared by the Supreme Court of the United States." • The following delegates were elected to the national convention: From the state at large: Isaiah T. Irwin, John H. Lumpkin, H. L. Benning, Henry R. Jackson; alternates, Charles J. McDonald, Thomas Butler King, WUliam H. Stiles, O. A. Lochrane. The district delegates were: Jaraes L. Seward, Julian Hartridge, Arthur Hood, J. W. Evans, L. B. Smith, E. Strohecker, James J. Dia mond, L. H. Featherston, G. J. Fain, W. T. Wofford, WiUiara H. HuU, S. J. Smith, J. M. Lamar, L. H. Briscoe, D. C. Barrow, L. A. Nelms. Fifty-two Democratic raembers of the legislature pubUshed their dis approval of the action of the convention in appointing delegates to the Charleston convention and protested against the authority of what they contemptuously called the "meeting" to bind the Deraocratic party. Among these were William A. Harris, A. S. Atkinson, A. B. Mathews, C. J. Williams, R. N. Ely, and James S. Reed. The two members of the executive committee in Milledgeville, Col. CampbeU and Dr. Mc- Geehee, issued a temperate card stating their reasons for calling the March convention and leaving the matter to the party to ratify or dis approve. Judge Benning, Gov. McDonald, Col. Featherston and Col. Lochrane of the delegates selected, declined to recognize the validity of their appointment and refused to serve. The papers rushed into a hot controversy over the matter. A good deal of temper was shown, and considerable recrimination indulged in. Mr. Howell Cobb was charged with inspiring the late convention and molding its action in the interest HOWELL COBB FOE PEESIDENT. 109 of his presidential ambition. The name of Alexander H. Stephens was sprung by his friends for the Presidency, and a decided antagonism was created between the adherents of these distinguished Georgians in con nection with the glittering prize of the national chief magistracy. Hon. William H. Stiles, one of the alternate delegates chosen, wrote a letter to the Savannah Express maintaining that the March convention was the only regular and legitimate one, but suggesting a compromise for harmony. His plan was for the delegates chosen to resign and the March convention to re-appoint them, and show the spectacle of a united Democracy and a united South. Hon. Howell Cobb wrote a most patri otic and characteristic letter, in which he used this conciliatory language : " I can but repeat that my name shall not divide and distract the party. If there are a sufficient number in the Democratic party of Georgia opposed to my nomination, to justify the idea of serious divisions in the party, then I will unconditionally withdraw my name. This is no time for divisions in the south, and especially with southern Dem ocrats, and any personal sacrifice, which I may be called upon to make, to ensure union and harraony, shall be cheerfully made." And he gave this positive assurance: " So far as I ara personally concerned, a demonstration of .serious opposition to my nomination from the democracy of Georgia, in any shape or form, or from any conven tion, would end all connection of my name with the nomination at Charleston." The position of Mr. Cobb was a peculiar one. He had, as secretary ' of the treasury under President Buchanan, made a national reputation for ability and statesmanship. The objection to him in Georgia was formulated in the following words of the Columbus Times: "Mr. Cobb is far frora being the choice of the Georgia democracy for the presidency, as his extreme Union views are in antagonism with the prevailing senti ment in the Democratic ranks." And this criticism shows the tendency of public opinion to the final dissolution, and that conservative views were becoming powerless in the seething agitation. Mr. Cobb's friends were advised by him to unite in sending delegates to the March convention, in order that the wiU of the party might be tested. At the various county meetings the matter was fully discussed, and the opinion was conflicting and varied. In many counties the del egates of the December convention were reappointed. A large nuraber of counties endorsed Mr. Cobb for the presidency. A number expressly repudiated the action of the December convention. It was a warm issue and it stirred the State violently. The March Democratic Convention assembled on the 14th, 1860, in Mil ledgeville. Ninety counties of the 132 in the State were represented by 110 THE CONVENTION OP MAECH, 1860. 203 delegates. Araong these were L. H. Briscoe, L. N. Whittle, 0. A. Lochrane, P. Tracy, A. R. Lawton, Julian Hartridge, A. S. Atkinson, L. N. Trammell, D. S. Printup, Solomon Cohen, Geo. A. Gordon, Jno. M. Guerard, Gen. G. P. Harrison, W. PhUlips, R. N. Ely, J. W. Duncan, C. W. Styles, J. M. Mobley, J. G. Cain, Samuel Hall, T. P. Saffold, Porter Ingram, John A. Jones, P. H. Colquitt, L. J. Aired, Henry Cleve land, Claiborne Sneed, J. D. Ashton, J. L. Seward, D. N. Speer, C. J. Wellborn, George Hillyer, E. P. HoweU and E. R. Harden. Of these Henry Cleveland was the editor of the Augusta Constitutionalist, a bright writer, and who since the war has written a Ufe of Alexander H. Stephens. Claiborne Sneed is now judge of the Augusta circuit, and has been a state representative, a gentleman of talent and force. E. P. Howell is now the editor of the Atlanta Constitution. He was state senator for two terms, and has evinced an extraordinary aptitude for public life, and is a gentleman of great shrewdness and practicality, and is destined to wield a strong public influence. D. N. Speer is the present State treasurer. Hon. Alexander R. Lawton was made president of the convention. The proceedings continued for two days, were stormy and inharmonious, and finaUy adjourned, leaving the party in the State angry, rent, and at sea. Of the ninety counties forty-seven repudiated the December con vention and forty-three sustained it. Of the forty-two counties not represented in the convention, twenty-four were represented in the December convention. There were eighteen counties not represented in either convention. The forty-three counties in the March convention that supported the action of the December convention, added to the twenty -four counties represented in the December convention that were not represented in the March Convention, made sixty-seven counties, or two over half of the counties in the State that favored the December action. These figures will show how the party was split. The resolu tions of the December convention were voted down, thus throwing over Mr. Cobb and leaving the party without any enunciation of principle. The sarae delegates at large were appointed, but the alternates were different save ex-Gov. McDonald alone; Hirara Warner, Solomon Cohen and J. A. Wingfield being the three others in place of King, Stiles and Lochrane. Four delegates frora each district were chosen by the dele gates of the respective districts. These were: 1st. J. L. Seward, J. Hartridge, H. M. Moore, Wm. B. Gaulden. 2nd. W. Johnson, John A. Jones, Wm. M. Slaughter, Jas. M. Clark. 3rd. E. L. Strohecker, L. B. Smith, O. C. Gibson, E. J. McGeehee. HOWELL COBB's WITHDEAWAL. Ill 4th. J. J. Diamond, L. H. Featherston, W. Phillips, S. C. Candler. 5th. G. J. Fain, W. T. Wofford, James Hoge, Lawson Fields. 6th. ^Vm. H. Hull, S. J. Smith, H. P. Thomas, A. Franklin HUl. 7th. L. H. Briscoe, Jefferson Lamar, J. W. Burney, James Thoming. Sth. L. A. Nelms, D. C. Barrow, J. D. Ashton, H. R. Casey. Alternates from the districts were also appointed. The district dele gates of the December convention were all re-appointed save Arthur Hood and J. W. Evans. The alternates were nearly all different. An important resolution offered by Julian Hartridge, and unanimously adopted, provided for the appointment of an Executive Committee by the President of the convention with power to oaU all conventions of the Deraocratic party of Georgia, and to exercise all the other powers belonging to such committee until another convention meets. This established the practice that has been uninterruptedly foUowed since of the appointment of an Executive Coraraittee empowered fuUy to repre sent the party untU another convention and the creation of a new com mittee. And Mr. Hartridge's resolution was intended to remedy the disastrous party difficulty, whose effects were being experienced in the existing widespread dissension. The coramittee appointed consisted of Porter Ingram, A. S. Atkinson,. P. Tracy, C. Murphy, D. S. Printup, S. J. Smith, L. H. Briscoe, and Henry Cleveland. r The action of the convention in refusing to adopt the action of the, December body urging Mr. Cobb for the Presidency, and failing to raake a declaration of sentiraent and policy, was a most unfortunate mat- _^er, and left a deep breach in the party. Mr. Cobb, in accordance with his published declarations previously made, addressed a letter to the President of the December convention, Mr. Irwin, unconditionally with drawing his name frora the canvass for the presidency. His letter was a very graceful and appropriate one, in admirable temper and full of patriotic feeling. While he claimed for the convention that endorsed him absolute party legality, yet he waived all . question of regularity. He only regarded the party will. He frankly owned that while a major ity of the state Deraocracy supported hira, there was a decided opposi tion to him. The connection of his name with the noraination was calculated to produce discord where there should be harmony, and he therefore withdrew it. The letter was a model of its kind, and its noble spirit and lofty utterances, so free frora the slightest tinge of irritation or disappointment, placed him higher than ever in popular esteem. He wound up with a reference to the approaching contest, in which a fanatical eneray was striving to seize the Federal government 112 EOBEET TOOMBS' GEEAT DISUNION SPEECH. to bring dishonor upon the South. To overthrow this enemy, and save the government and the South from dishonor and ruin, which would fol low the successful inauguration of a Black Republican administration, was our duty. Union and harmony were necessary to do this., and to them he should contribute all he could with the confident hope of being fully and cordially sustained by the people of Georgia. At this time the tendency to peace between the sections was not at all helped by a brilliant, daring and masterly speech of Robert Toombs in the United States Senate, on a resolution offered by Stephen A. Douglas directing the judiciary committee to report a bill for the pro tection of each State and Territory against invasion by the authorities of every other state and territory. Mr. Toombs made a terrible arraignment of the Black Republican party. He said that the country was virtually in civil war; that a large body of the Senators before hira were eneraies of his country, and were using their official power to assail and destroy the institutions of the states. We deraand peace or war. Reviewing the action of the Republican party in regard to slavery, he asserted that the Republican hands were soiled with the blood of our constitutional compact. They mocked at constitutional obligations and jeered at oaths. They had lost their sharae with their virtue. The speech was a scorching, splendid piece of invective, but it was more, it was a pro found, exhaustive and unanswerable argument, welded like an iron bar. Gathering veheraence as he concluded, this audacious Mirabeau thun dered these unforgivable words at his colleagues of the opposite party representing millions of Northern people. " I denounce the Republican party as enemies of the Constitution and enemies of my country, and I shall treat them as such. I submit it to the jiidgment of the Senate, the country and the civilized world, if according to the public law of all civilized na tions, we have not just cause of war against our confederates." The impassioned orator then declared that with the success of the " traitorous " Republican party " peace and safety are incompatible in the Union," and concluded with these burning words: " Listen to no ' vain babblings,' to no treacherous jargon about ' overt acts ; ' they have already been committed. Defend yourselves, the enemy is at your door ; wait not to meet him at the hearth-stone — meet him at the door-sill — and drive him from the temple of liberty, or pull down its pillars and involve him iu a common ruin." The effect of these fiery and war-like utterances was simply indescrib able. They rendered peace impossible. They frrenzied the Republi cans, they enthused our own hot-heads beyond restraint. They drove on the revolution by a million-spirit power. Coming from a Senator, THE REVOLUTION AT HAND. 113 spoken in the great and august forum of the national Senate Charaber representing the solemn sentiment and grand majesty of a sovereign state, they were tremendous e.xpressions. They made a peaceful solu tion of the impending strife an impossibility. They made the State of Georgia the dominant factor of the strife, and the foremost and control ling agency of the Revolution. It booted little that such conservative and Union instruraents as Stephens and Johnson were steraming the deadly drift. The spirit of discord Was regnant. It had sundered the Georgia Democracy, and in that unhappy division had shorn the rising Cobb of his power and promise. It was not an undramatic coincidence that whUe Georgia was foreraost in her influence in the national coun- cUs through her imperious Toombs, and was potentially stimulating the threatening disunion, she had two prominent candidates for the Presi dency of the Union, the most prominent of whom she herself slaugh tered. But a higher power was ruling the destinies of nations. The great revolution was at hand, and our Georgia Toombs was its genius. CHAPTER XIV. THE FATAL SPLIT OF THE NATIONAL AND GEORGIA DEMOCRACY, IN 1860. The Charleston Convention. — The Georgia Delegation Sundered. — A Majority led by H. L. Benning, secede. — A Minority Remain. — Soloraon Cohen. — William B. Gaul den the " Lion of Liberty." — Georgia Democracy Riven like the Delegates. — A vivid Batch of Letters on the Split from Hiram Warner, Howell Cobb, Joseph E. Brown, A. II. Stephens, Peter E. Love, Robert Toombs, H. V. Johnson and E. A. Nisbet. — Brown's cool Practical View. — The strange Reversals of Howell Cobb, and H. V. Johnson. — The Coustitutional Union Convention. — Its personelle. — The Democratic Convention. — Its Personelle. — A Volcanic Session and a Burst up. — A National State Democratic State Convention organized. — Two sets of Delegates to Baltimore. — Discord Rife. — The Disunion Drift Irresistible. — The Baltimore Convention. — Georgia Refused to go iu. — Douglas and H. V. Johnson Norainated. — The National State Right's Convention organized. — Breckenridge and Lane Nominated. — The Deadly Work Done. — The Democracy in Fragments and the Revolution Sure. Startling events sped swiftly in Georgia, as in the Union, in this cru cial year of 1860. The Charleston Convention met on the 23d of April and continued in turbulent session until the 2nd day of May, when it adjourned without making a nomination, to reassemble in Baltimore on the 18th of June. Some 57 ballots were taken, Mr. Douglas leading with 152^ out of 319, but unable to get more. The platform was hotly contested. Three reports were made by the committee on platform. One was the majority report made by the members of fifteen Southern states and the two states of Oregon and California, being seventeen of the thirty-three members of the committee. This report presented the Cincinnati platform with some additional resolutions declaring the iSqnal--right of slave property in the territories and the duty of Congress r to protect it. The Cincinnati platform declared for non-interference by Congress with slavery in the territories. The majority report went be- ¦~yond the Cincinnati platform in declaring it the duty of Congress to protect slave property in the territories. Two minority reports were presented, one offering the Cincinnati platform with sorae resolutions siraply condemning interference with the fugitive slave law, but leaving out the protection of slave property in the territories. The last minor ity report was adopted, which "was the squatter sovereignty programme THE CHAELESTON CONVENTION. 115 of Mr. Douglas. On the defeat of the majority report and the adop tion of the minority report, the delegates of Alabama, Mississippi, Florida, Louisiana, Arkansas, Texas and a part of those from Dela ware, seceded from the convention under lead of WiUiam L. Yancey of Alabama. The Georgia delegation obtained leave to retire, to consult as to their course, and split intgfragments. A majority, consisting of Junius Wingfield, Henry L. Benning, Henry R. Jackson, J. M. Clark, William M! Slaughter, John A. Jones, D. C. Barrow, J. J. Diamond, A. Franklin HiU, E. L. Strohecker, O. C. Gibson, H. P. Thomas, P. Tracy, J. M. Lamar, E. J. McGeehee, George HiUyer, Mark Johnson, E. R. Harden, J. H. Lumpkin, J. G. Fain, James Hoge and W. J. Johnson, withdrew from the convention as a duty, as they declared. I. T. Irwin, W. H. Hull, L. H. Briscoe and Julian Hartridge withdrew in obedience to the vote of the majority. The balance of the delegation remained to share in the proceedings, consisting of Solomon Cohen, Hiram Warner, J. W. Burney, William B. Gaulden, James L. Seward, James Thomas, S. C. Candler, J. A. Render, L. A. Nelms, and Henry Cleveland. Mr. Solomon Cohen made a speech explaining his position. Mr. Cohen was a leading citizen of Savannah, who was at one time Post master, a gentleman of high social standing and considerable .speaking abUity. He and his colleagues, while in sympathy with the seceders in principle, remainec^ behind hoping that a better spirit might prevail and justice be done to the South by the Northern Democrats. Mr. Mont gomery of Pennsylvania, replied that he was willing for the Southern members to retire, if they wished, and that the majority of the conven tion had made up their minds and would not change. Upon this Col. Wm. B. Gaulden, who enjoyed the soubriquet of the " Roaring Lion of Liberty County, " arose and made a speech that convulsed the conven tion with laughter. He denounced protection to slavery as a humbug, and said he intended to stand by his Northern brethren until the last day, late in the evening. He then branched into an unqualified sup port of the African slave trade. But the fragment of the delegation were not permitted, to vote, on the ground that the state delegation was instructed to vote as a unit. Mr. Seward had previously attempted to cast his individual vote, and the resolution of the Georgia Conven tion upon the matter had been discussed, and the unit rule had been de clared to apply to the Georgia delegation. Mr. Cohen vainly protested . against the disfranchisement and denounced it as a usurpation. The seceding raembers of the Charleston Convention, including most of the majority part of the Georgia delegation, formed a separate con- 116 VIEWS OF DISTINGUISHED GEOEGIANS. vention, and called a Convention for the 2nd Monday in June, in Rich mond. The course of the Georgia delegation created a profound feeling at home. The minority of the delegation issued a brief card explaining their course, and stating that they did not feel at liberty to bolt the convention and disrupt the party. The majority published a more lengthy address, signed by Henry L. Benning, the chairman of the delegation, elaborately arguing the whole question. They wound up this very able paper with the statement that some of the Northern dele- gates_Jhad shown a disposition to modify the platform, and there was /some hope of this. They advised that a State Convention be Called, I and that such convention appoint delegates to both the Richmond ; and Baltimore conventions. The Executive Committee of the party issued a call for a state convention to assemble in MilledgeviUe, the 4th day of June. A number of gentlemen of Macon, Robert Collins, John J. Gresham, James W. Armstrong and others, addressed a letter to the leading public men of the State, expressing alarm at the rupture of the Charleston Convention and asking their views of the situation. Re plies were received from Hiram AVarner, Howell Cobb, Joseph E. Brown, A. H. Stephens, Peter E. Love, Robert Toombs, H. V. Johnson and Eugenius A. Nesbit. Judge Warner had been one of the staying delegates in the Charleston convention. His letter was an incisive one. Believing the democratic organization of the Union to afford the best guarantee for the preser vation of our rights, he resisted ]\Ir. Yancey's bold attempt to destroy it. Believing also in the doctrine of congressional non-intervention, and having thought the Cincinnati platform a good one in 1856, he deemed it a good one in 1860, and declared the bolt from the Charleston con vention to have been based upon a flimsy pretext. Howell Cobb fuUy endorsed the action of the seceding delegates, and said that the democ racy of the state should sustain them. Every state whose deleo-ates were for the majority platform was a democratic state, and the other sixteen states were repubUcan. The nomination of Mr. Douo-las he condemned. He suggested a state convention that should reappoint the same delegates to go to both Baltimore and Richmond, and advised a postponement of the Richmond convention until after attempt was exhausted at Baltimore to unite the party. The letter of Mr. Stephens was such an one as might be expected from him, calm, dispassionate, firm, statesmanlike. He argued that non-intervention had been the estab lished policy of the party. He had not favored it originally, but had EOBEET TOOMBs' LETTER. 117 acquiesced in it, and now thought we should abide it. A convention should be caUed and delegates sent to Baltimore. The demand of the seceders should be withdrawn and nomination of a good man made. If we were determined to quarrel with the North on general account, base it on the aggressive acts of our enemies and not the supposed short comings of our friends. He repeated his previously expressed views of the impregnability of the slave institution. Mr. Toombs wrote a char acteristic letter, short, pithy, snapping like a pistol shot, with consider able moderation ostensibly, but holding the sword in a gloved hand. The seceding delegates should meet at Baltimore with the adjourned convention and endeavor to affect an adjustment. If this adjustment could not be made the Richmond convention could be held with clearer light for its guidance. If such a policy as he urged raet with any considerable opposition in Georgia, let a party convention be called to take action. The reserve hostility of this sententious letter was seen, however, in the significant acknowledgment that he was purposely yielding nothing, with the ultimate idea of deraanding everything, and the unqualified declaration that, he never could give his assent that there" was any rightful power anywhere to exclude slave property from the territorial domain. He wound up with the suggestive and pregnant' ^ sentences: " Our greatest danger, to day, is that the Union will survive the Constitution. * * * Look at the preservation of your rights. The Union has more friends than you have, and will last as long, at least, as its continuance will be compatible with your safety." Mr. Love would not have advised secession, but did not condemn the seceders. The seceders should go back to Baltimore and try to harmo nize. Ex-Gov. Johnson's letter was a long and able one, a model of rhetoric and argument. He took the sarae view that Mr. Stephens did. Non-intervention was the accepted policy of the party. A demand for intervention was unnecessary, while intervention was valueless and of questionable right, and doubtful policy. He had opposed the compro mise of 1850, but he was now for sticking to it. It was a matter of honor to stand to the compact. He advised calling a convention to determine our policy, and send delegates to Baltiraore. Let us save the national deraocracy to destroy Seward and his rayrraidons. Judge E. A. Nesbit wrote a most positive, out-spoken letter and a strong one. He conderaned the action of the seceders, and repudiated the Richmond convention. He asserted that some of the bolters of the other states had purposely seceded to split the party and disrupt the Union. He was against intervention as inconsistent, in bad faith, dishonorable, crip- 118 LETTEE OF GOVEENOE BEOWN. pling to the northern democracy, unsound in constitutional principle, carrying the dangerous right to strike down slavery, and unavailing. He urged a convention and sending delegates to Baltimore, regardless of the Charleston action, to harmonize the party. The letter of Joseph E. Brown was just such a cool, clear, practical common-sense, conclusive view of the perplexing subject as might have been expected from the man. It embodied a simple solution of the problem in his plain business way. Ascribing the discord to the per sonal ambition and animosity of leaders, and claiming that the masses of the Democracy were true to the constitution, both North and South, he proceeded to discuss the situation. Making no reflection upon the Georgia delegates- who seceded or those that remained in the conven tion, he ascribed good motives to both, and believed that the difference properly used could be turned to benefit. As an abstract question, he believed in the right to protection of slave property in the Territories. The wisdom and utility of making an issue on it was another question, and it would seem to be wise to wait until an occasion rises, which might never happen, before making such an issue. The Democratic "cTdctrine heretofore had been non-intervention by Congress. The trouble now was over an attempt to put a new plank in the platform of the party. Men might honestly differ on the expediency of such an innovation. It had been said that the Democratic construction. North and South, was different on the Cincinnati platform. The ansvver_to this was that the Supreme Court in the Dred Scott case had decide4-t;he principle, and the Northern wing of the party was willing^-to-ieeognize the decision of the Supreme Court as the correct exjiosUaon— This should be a satisfactory settlement of the issue. He urged a State Con vention of men of age and experience, to discuss and decide the raatter without passion or criraination. Let delegates be sent to Baltimore and accept the Cincinnati platform with the additional resolution that the Northern Democracy was wUling to offer, recognizing the binding force and correct exposition of the Supreme Court decision, or something simUar, and the trouble would be healed. The Deraocratic party alone presented any hope for the South in the contest with the Black Repub lican party, and we should cling to it. It wiU be time enough for the Richmond Convention when harraony at Baltimore on the ground indi cated fails. "^~ These were a masterly vivid group of letters, and strangely variant. There were some curious changes indicated by them, the raost notable being that HoweU Cobb and Herschell V. Johnson, who had been in THE STATE CONSTITUTIONAL UNION CONTENTION. 119 1850 so opposed, Cobb being the Union representative and Johnson the pronounced Southern Rights champion, had completely reversed posi tions. Cobb was the Southern Rights advocate, and squarely defending the seceders from the Charleston Convention; while Johnson con demned thera and stood the Conservative exponent. Douglas and Buchanan were very hostile, and Cobb, as a raeraber of Buchanan's Cabinet, naturally antagonized Douglas and his platform. It was at the time charged that the Presidential aspirations of both Cobb and Johnson soraewhat controlled them in that e.xoiting crisis. The conflict of opinion among the leaders was the outcome of the popular agitation. The State was convulsed over this great political issue. In many localities there was a fiery feeling. A duel occurred between Dr. Holmes and Mr. Nelms about the burning of the staying delegates in effigy, in which Mr. Nelms was wounded. The opposition had been for some time showing activity. The party was disorganized, but still vital. The Chronicle and Sentinel made a suggestion that raet with favor and was soon adopted, of rebaptizing the party under the narae of tha/ " Qonstitutional Union,.Paety." A Convention was called and held Tn Milledgeville on the 2d of May~ 1860. Gen. John W. A. Sanford was raade President, and John Mil ledge and Dr. R. A. T. Ridley, Vice-Presidents; C. R.' Hanleiter, L. F. W. Andrews and C. H. C. Willinghara were Secretaries. Forty-four counties only were represented by 111 delegates. Among the leading members were A. H. Kenan, R. M. Orme, Clifford Anderson, M. W. Lewis, R. L. McWhorter. D. W. Lewis, R. P. Trippe, C. H. Hopkins, G. E. Thoraas, P. Reynolds, John MiUedge, Ranse Wright, C. A. Evans and BJHj_^igiam. The resolutions adopted pledged the party to co-operate with all men who believ&d.in the duty of Ihe government to protect slave property in the territories, and that any legislation to defeat the fugitive ..slave law was unconstitutional. An Executive Coraraittee was raade of J. W. A. Sandford, C. H. Hopkins, H. Holt, L. F. W. Andrews, R. A. T. Ridley, Dr. H. V. M. MiUer, Dr. S. H. Freeman, D. W. Lewis and John MiUef. Delegates were appointed to a National Constitutional Union Conven tion at Baltiraore, of whom those for the state at large were Dr. R. A. T. Ridley, Joshua HiU, A. R. Wright and J. C. S. Lee. The Chairman in his speech of thanks declared that the Democratic party that had controlled the country so long with a blundering policy was discordant, and could not even be held together by the cohesive power of public plunder. Good men must now rally to save the country. The resolu- 120 THE STATE DEMOCRATIC CONVENTION OF JUNE, 1861. tions of this convention were ignored by the Constitutional Union Con vention of Baltimore, which norainated the Hon. John Bell of Tennes see, and Edward Everett of Massachusetts, as its Presidential ticket. The Republican party had also nominated at Chicago Abe Lincoln of lUinois for President, and Hannibal Hamlin of Maine for Vice-President, ^pon a platform that declared the territories free, .and denied the right of Congress or any other power to give legal existence to slavery in any 4;erritory. The issue thus raade was clear and distinct. It was raore, — it was defiant and aggressive. The Democratic Convention of June the 4th, 1860, was looked to with profound interest. One hundred and twelve counties were represented by three hundred and forty delegates. It was a large body and in point of ability a strong one. Among the delegates were L. H. Briscoe, P. Tracy, J. Hartridge, W. H. Stil.es, H. R. Jackson, S. Cohen, Howell Cobb, N. Tift, J. H. Lumpkin, B. C. Yancey, T. C. Howard, Thos. Butler King, W. H. Dabney, W. E. Simraons, Herschell V. Johnson, Saml. Hall, Hiram Warner, T. P. Saffold, A. H. Chappell, J. Wingfield, T. L. Guerry, A. Hood, Jas. Gardner, Julian Cumming, W. W. Montgomery, W. A. Hawkins, T. M. Furlow, H. K. McCoy, J. C. Maund, J. L. Seward, George Hillyer, C. W. Styles, J. S. Hook, R. L. Warthen, B. D. Evans, J. C. Nichols, I. T. Irwin. The President was T. L. Guerry. The chairman of the Business Committee was Wra. H. Stiles. On this committee were both HoweU Cobb and Herschell V. Johnson. A majority and minority report were both made, the latter signed by H. V. Johnson, Thos. P. Saffold, H. K. McCoy, and A. Colvard. The majority report took imperative ground for the protection of slavery in the territories, endorsed the seceders from the Charleston Convention and reappointed the entire delegation to the Charleston Convention, to represent the State in the Baltimore Convention, and if the slavery programme was not adopted there to go into the Richmond Convention. The minority report reaffirmed the 'Cincinnati platform with an additional resolution declaring that slave |)roperty was entitled to the same legal recognition in the territories as any other property, and the right could not be impaired by Congress or "aTterritorial government. The minority report further provided for a new delegation to Baltimore. The session of the convention continued two days. The discussion upon the reports was intense and elaborate. T. P. Saffold, Howell Cobb, J. L. Seward, Dr. J. Branham, B. C. Yancey, James Gardner, H. V. Johnson and Henry R. Jackson all spoke. Several of the speeches THE CONVENTION SPLITS UP. 121 were very able. Ex-Gov. Johnson began his speech before the noon adjournment of the second day, and concluded it after dinner. His speech was powerfully begun and a master-piece of argument and elo quence. Even his opponents acknowledged its magnificent power. But what slight causes can affect human effort. Wearied at the close of the morning session, and' unable from the strain upon him to eat any dinner, he took a glass of wine upon an empty stomach to strengthen himself, and it sickened him, rendering the continuation of his speech so difficult that its diminution of vigor was marked. Jackson and Cobb both raade strong efforts for the majority report. The Convention was nearly one-sided. The majority report was adopted by a vote of 298f yeas to 41^ nays. The minority, of, the.. Convention then entered a protest against the majority report thus adopted on the grounds that it asserted proposi tions that were inyiolatioiL. of. the estabUshed Democratic doctrine, of non-intervention, and that would disrupt the National Convention; that it Tiyimplioation condemned the delegates who did not secede at Charleston; and that its appointment of delegates. to Richmond, de tached this Convention practically from the National Democracy. Aiiiohg others this protest was signed by Jaraes Gardner, George W. Laraar, T- P- Saffold, J. L. Seward, Hiram Warner and Jas. S. Hook. The minority of the convention, also, imraediately organized what they called " A National Democratic State Convention," of which Hiram Warner was made president. Twenty-four counties with 63 delegates were represented. In addition to the delegates above mentioned as protesting against the majority report there were IJ.. V. Johnson, Jas. A. Nisbet, Jas. T. Nisbet, A. E. Cochrane, J. W. Duncan, A. H.£happell, JuUan Cumming, W. W. Montgoraery and others. A full set of dele gates were appointed to the Baltimore convention, and the minority report was unanimously adopted. The delegates selected were: State at large.— 'R. V. Johnson, James Gardner, Absalom H. ChappeU and Hiram Warner. District Delegates.— 1st, J. L. Seward, Wm. B. Gaulden; 2d, R. Whitely, B. Y. Martin; 3d, N. Bass, S. W. Burney; 4th, J. P. Hamble ton, S. C. Candler; 5th, A. R. Wright, H. P. Farrow; 6th, R. McMillan, J. P. Simmons; 7th,JL_R_Saffold, J. Thoraas; Sth, L. A. Nelms, A. C. Walker. A committee of three, consisting of H. V. Johnson, Jas. A. Nisbet and Nathan. Bass, was appointed to issue an address to the people of Georgia, explaining their action. The address evidently emanated from 122 THE BALTIMOEE CONVENTION OF 1860. the brain of Gov. Johnson. It was a compact, vigorous, polished paper, blending force and finish. The minority .report, it said, was admitted by the majority to be sound in principle, and only differed from .,the_ majority in not demanding the undemocratic doctrine of intervention. It also refused to recognize the sectional convention at Richmjaifi- The majority report denationalized the Georgia democracy and made it a probable conclusion that the State would not be received in the national convention. The minority had appointed delegates upon a sound unob jectionable platform, and if the majority delegates were rejected the minority delegates would attempt to prevent Georgia frora being unrep resented. The address made no censures upon any one, but candidly ' declared that it beUeved, that the urging of the doctrine of intervention i was unwise, and fraught with danger to the national democracy and to '! the best interests of the South. It will be seen how every step of events in Georgia during this year was marked by unhealed and growing divisions. The spirit of discord was rife, and the drift to disunion was steady and irresistible. Men either could not or would not harmonize, though harraony was so easy. Looking at the differences at this long distance, out of the fever of those days, one wonders, with the terrific contingency of a disruption of the party and its certain and immeasurable results of evil, that as sensible raen as there were in control of raatters, did not fix a settlement of the party divisions. There can be but one explanation. There were enough disunionists to drive party disintegration as the sure agency of national dissolution. The abolitionists of the north were equaUy resolved to extirpate slavery, and furnished the needed stimulus of a biting and incessant provocation. Conservative men were powerless, and a raoderate policy irapossible in the heated teraper of the era. The Richmond convention met and adjourned until the 21st of June, 1860. The Baltimore convention asserabled. Both Georgia delegations applied for adraission. The committee of credentials finally made majority and minority reports. The majority report favored the admis sion of both delegations with a division of Georgia's vote, and the admission of contesting delegations in place of seceders from the other Southern states. The minority report favored the admission of all the seceding delegations. The convention admitted the seceding Georgia delegation headed by H. L. Benning, and rejected the national derao cratic delegation headed by James Gardner. The seceding delegations frora the other states were rejected and new ones admitted. ¦ Delegations from Alabama and Louisiana were not admitted at all. Upon this THE NATIONAL DEMOCEACY RIVEN. 123 action the Georgia delegation refused to go in, and the majority of the delegations frora Virginia, North Carolina, Tennessee, California and Oregon withdrew frora the convention, and Delaware declined to take any part for the present. Missouri alone was entirely represented from the south, and a few delegates remained frora Virginia, North Carolina and Tennessee. The party rupture was complete. There was no hope of reconcUiation. The disintegration proceeded. Kentucky withdrew. The majority of the Massachusetts delegation went out. Hon. Caleb Gushing, the president of the convention, resigned, because his state of Massachusetts was thus unrepresented. One hundred and ninety dele gates were left, a new chairraan was chosen, and Stephen A. Douglas nominated for President, and Gov. Fitzpatrick of Alabama for Vice President. Fitzpatrick wisely declined. In Washington on the 25tfi, ^e Douglas delegates„selected Herschell V. Johnson of Georgia in his place, who q,cci''-?^-'^-^ The seceders immediately organized a National State Rights Conven tion. Hon. Caleb Cushing was made president. Two hundred and ten delegates, representing twenty-one states, and 284 votes, constituted the convention. The states were Vermont, Massachusetts, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabaraa, Louisiania, Mississippi, Texas, Arkansas, Missouri, Tennessee, Kentucky, California and Oregon. The raajority report of the Charleston convention was adopted, and John C. Breckenridge of Kentucky was nominated for President, and Joseph Lane of Oregon for Vice-President. The fatal work was done. The democratic party in the very height of its power was stricken down by its own hand. The only constitution- lo-ving political organization in the country that had the popular confidence deUberately enacted its own disintegration, and turned the government over to a sectional party. The result was a foregone conclusion. Split into warring fragments, the otherwise irresistible strength of the democ racy was wasted, and a minority party, the Black Republican, regardless of constitutions, but battling against slavery on grounds of humanity, had an easy victory. In the light of comraon sense the democratic division was a mad piece of policy, useless and destructive. In the illuraination of a Providential purpose, it was the means to a great end, to be worked out through a travail, which, if it could have been foreseen, would have frightened back the consummation. The democratic rupture at Baltimore was the practical inception of the revolution. CHAPTER XV. THE MOMENTOUS CLOSE OF THB LAST YEAR OF PEACE, 1860. A Matchless State Prosperity. — Brown's Growth in Public Esteem.— The Gallagher Rifle. — D. A. Walker. — H. V. Johnson's Up-hill Campaign. — Electoral Tickets for Breckenridge. — Douglas and Bell. — The State convulsed. — Francis S. Bartow and his flaming Speech. — An Era of Delirium. — An Epoch of Eloquence. — Georgia's Galaxy of Orators. — Varney Gaskill's Expulsion. — -No Popular Election in Georgia. — The Legislature. — Gov. Brown's Message. — A Bold Paper. — Preparation for War Urged. — Retaliatory Legislation recommended. — A Convention advised. — The Leg islature elected the Breckenridge Ticket. — The Secession Convention called.- — Ten Thousand Troops authorized. — Money Alarraed. — Business Shocked. — Brown's Bit ter Battle with the Legislature over the Bank Question. — Gov. Bro-B'n opposed Sus pension. — Bill Passed. — Veto. — Bill Passed over Veto. — House Attacked Governor. — Unquailing Message in Reply. — Resolutions of Censure by House. — A Universal Fighting Time. — Brown an Unyielding Foe. — He Denounced the Censure and Scathed the House. — The Electoral Ticket call for Gov. Brown's Vie-n's on the Crisis.— A Strong Reply. Amid all this trouble in Georgia over Federal politics, the state con tinued to progress in prosperity under the matchless administration of Gov. Brown. He took no active part in national matters, but devoted himself with his accustomed zeal and vigilance, to the details of state government. He steadily grew in popular esteem, and daily widened his reputation and influence. He oontinued to deal with state questions, promptly and masterfully. The state road was made to pay increasing monthly installments into the state treasury. The pardon power was rarely exercised. The surplus in the treasury, placed there by his superb management, was devoted to taking up bonds not due, and thus diminishing the public debt and taxation. While he was not an active participant in the political tumult of the day, he was a close observer of events, and had a keen, practical eye to the future and held in consideration the needs of the state. He foresaw the coming conflict, and was for preparing for it. Some Savannah gen tlemen, Dr. M. J. Gallagher and W. H. Gladding, had invented a rifle, Gov. Brown had it tested with a view to its manufacture and distribu tion in the state. Mr. Eli McConnell and John Jones made a competi tive trial with it, upon twelve inch planks an inch apart. This rifle beat < y -70 x.^ yy',c^^l^ -V //-7/. II. v. JOHNSON FOE VICE-PEESIDENT. 1'35 both the Sharpe and Minie weapons. Gov. Brown wrote as follows about it to Dr. Gallagher and Mr. J. D. Delannoy. " Recent events have, I think, satisfied the southern people that it is wise for them to arm. I have but little confidence in high-sounding speeches and resolutions. We must meet aggression in future by energetic preparation and prompt action. The legislature which places your " Georgia Rifle " or some other first rate arra in the hand of every person iu the state, qualified to do railitary dut.v, will have done more to protect tlie South against aggression than has been done by all the resolutions of its predecessors. 'The argument is already ' exhausted.' Let us have no raore compromises, and if the full measure of our rights is denied in futurej^tjis stand by our gjins." The resignation of L. W. Crook as judge of the Cherokee Circuit was the occasion of Gov. Brown appointing in his place a gentleman who afterwards became quite a marked person. Judge Dawson A. Walker was a Tennesseean by birth. A self-made man and very plain in man ners and habits, he was a lawyer of uncommon ability and energy, and a citizen of integrity and pure character. He became a Judge of the Supreme Court, defeating Henry L. Benning before the legislature for that office by the aid of William Dougherty. He was the Republi can candidate for Governor against Gov. Smith. He has recently died enjoying general esteem. The nomination of Breckenridge and Lane was generally endorsed in Georgia. The only leaders who supported Douglas. and Johnson were Alex. H. Stephen^ Ranse Wright, Eugenius A. N,esbit, Hiram Warner, B. Y. Martin,_ J. L. Seward and Absalom H. Chappell. There were a few in favor of Bell and Everett, but the mass of the public raen, in cluding both the Democrats and the Opposition, were for Breckenridge and Lane. But three papers, a,dyo„cated_.Douglas and_ JohM .^ugusta , Con,sti^tiQ,uaMst, Rome Southerner and Atlanta Confederacy. Gov. Joseph E. Brown gave the Breckenridge ticket a hearty support. While deeply regretting the division of the Democratic party, and think ing that no sufficient cause existed for a split, as the division was made, he stood as he had always stood, with the South. Gov. Johnson, who had been so widely popular, experienced the vicissitudes of political favor. In Macon he was hung in effigy, but the act was severely condemned by the Breckenridge press. He spoke a number of times. In Savannah he was hissed, and defiantly declared that he repeated his views in spite of the hisses of " serpents and geese," meeting the indignity differently frora Mr. Toombs, who, when hissed in Boston during his famous speech there, good-naturedly told the people that he had no objection to their hissing if they preferred that method of expressing their feelings ; and again, when at some reference to the fugitive slave law they hissed, he 126 THEEE ELECTOEAL TICKETS IN GEOEGIA. quietly remarked that they were hissing the Constitution of their coun try and not him. Gov. Johnson had an uphill business in this campaign. He was a sensitive and not at all a corabative man, and illy-suited for a struggle against such odds as he had to flght, and against the preju dices of his own people. The papers rang with charges against his polit ical integrity, and these and the personal discourtesy that flamed out in this hot canvass were something he was little fitted to meet. The Democratic State Convention met on the Sth of August, 1860, and selected a Breckenridge and Lane electoral ticket. A hundred counties were repiresented by several hundred delegates, including the leading men of the State. Mr. Toombs was a delegate, as also the two brothers, Alfred H. Colquitt and Peyton H. Colquitt from different counties. W. J. Vason was made President. Mr. Toombs was chair man of the business committee. The resolutions were short and to the point. The following bears unmistakable marks of Mr. Toombs' fiery spirit. " Sth. Resolved, That -n-e erabrace with our whole hearts and trust with onr -whole counsels those noble patriots iu the non-slaveholding States, who, neither disheartened by treachery nor overawed by majorities, maintain the truth aud stand by the Consti tution and the equality of the States, the only bond of everlasting Union." The electoral ticket was: Electors at large. — C. J. McDonald, H. R. Jackson. Alternates. — A. H. Colquitt, Wm. H. Dabney. District Electors. — 1st, Peter Cone; 2d, Wm. M. Slaughter; 3d, O. C. Gibson; 4th, H. Buchanan; 5th, Lewis TuraUn; 6th, H. Strickland; 7th, W. A. Lofton; Sth, Wm. M. Mcintosh. The Doiigi1as-.-a,nd Johnson State Democratic Convention met in Milledgeville. on the 14th of August, 1860. A. J. Lawson of Burke, was made President. Sixty-three counties were represented by 190 delegates. The electoral ticket selected was: Electors at large. — Alex. H. Stephens, Aug. R. Wright, of Floyd. Alternates. — T. P. Saffold, Jas. Gardner. Diitrict Electors. — 1st, James L. Seward; 2d, B. Y. Martin; 3d, Nathan Bass; 4th, H. Warner; 5th, J. W. Harris; 6th, J. P. Simmons; 7th, J. S. Hook; Sth, J. Cumming. The resolutions were a simple endorsement of Douglas and Johnson and the platform of the convention that nominated them. A resolution was also passed inviting Mr. Douglas to visit Georgia and deliver an address. Gov. Johnson was invited before the Convention and de livered a powerful and eloquent speech. FRANCIS S. BARTOW. 127 The convention of the Bell^jidEverett party put the foUowing ticket in the field: State Electors.— W\\\\a,m Law, B. H._HiU. District Electors. — 1st, S. B. Spencer; 2d, M. Douglass; 3d, L. T. Doyal; 4th, W. T. Wright; 5th, J. R. Parrott; 6th, H. P. BeU; 7th, J. E. Dupree; Sth, L. Laraar. The issue was clearly made up with the three electoral tickets, all composed of the very best men in the State. There was no personal consideration in the support given. The issue was decided on its merits. The canvass was very active. The state was covered with large gather ings and swarmed with speakers. Many of the opposition party came over to Breckenridge and Lane, notably such men as Dr. H. V. M. MUler, and Francis S. Bartow. The canvass was aggressive on all sides. Mr. Bell was savagely assaulted for not having endorsed the Dred Scott decision. Mr. Douglas was charged with being ready to ally with the Black Republicans, and one of his strongest and most influential sup porters, Hon. A. H. Chappell, left him on account of this accusation. The point was fiercely pushed upon Gov. Johnson as to what he would do if Abe Lincoln was elected, and whether he would submit. He thundered back that he would hold the Breckenridge and Lane party responsible. The whole tendency of the intensely heated canvass was to educate and drive the popular will to disunion if the Black Republi cans succeeded. Said that most brilliant and impetuous spirit, Francis S. Bartow, in a burning speech in Savannah, with a sad prophetic fore- caste of his heroic death at Manassas in the very beginning of the war: " I am tired of this endless controversy. I ara wearied with seeing this threatening cloud forever above our heads. If the storra is to come, and it seems to me as though it must, be its fury ever so great, I court it now iu the day of my vigor and strength. (Applause). If any man is to peril life, fortune and honor iu defense of our rights, I claim to be one of these men. (Immense applause.) Let it come flow, I am ready for it. Put it not off until to-morrow, or the next day, we shall not be stronger by waiting. (Continued applause.) I do not wish to destroy the government. I am a Union raan in every fiber of my heart. I have gloried in its missions of humanity, in its heroic birth, and youthful struggles, and in the grandeur of its maturity. God never launched a nation on a more raagnificent career. It has been the home of the oppressed and the asylum of the desolate from every land. In it to-day are wrapped the hopes of universal man — but I will peril all — all before I will abandon our rights in the Union or submit tobe governed by an unprincipled raajority. (Great applause)." It is the nature of manly men — men of high spirit, to fret under sus pense, and to precipitate impending and inevitable issues. It was this spirit which made the situation in 1860 so full of delirium and peril. Southern men saw no end to the slavery agitation save in submission or 128 A CARNIVAL OF ELOQUENCE. fight. The former was out of the question. They invited the latter as the only means of settling the struggle. It was a desperate feeling, and it seized the most tame-spirited. ' There perhaps has never been a time that brought to the front more vehement and maddening 'elo quence than that stormy year of 1860. Georgia was full of superb orators, and in the themes of that wild day they found constant and congenial material for impassioned and irresistible oratory. It is in such whirling times of upheaval and passion and madness that eloquent raen find their most thrUling mission. The canvass was a carnival of splendid speaking. Men's blood was at fever heat under a long felt and long-repressed sense of wrong. It was no day for reason or argument save what rolled -with the passions, that were rising higher daily. Georgia has never been so affluent in great minds and superlative speakers as in that time. There .was a superb galaxy of mental giants and genuine orators. Toombs, Johnson, Cobb, the Stephens brothers, Jackson, Bartow, Miller, the two Wrights, Hill, and Colquitt were all men of splendid power on the stump, all magnetic, and all threw themselves into that dramatic agita tion with the whole fervor of their souls. Any one of these men was fitted to lead in any assemblage anywhere, while several enjoyed a national reputation of the very largest measure. Mr. Douglas himself came to Georgia and spoke in Atlanta during the canvass to an immense audience. Ben Hill and Warren Akin bore the brunt of the battle on the iBell and Everett side, and did it well. Mr. Hill, near the close of the can- / vass, published a letter urging the fusion of parties for the sake of the Icountry, but he was unmercifully lampooned for the suggestion by the tereckenridge and Lane press and speakers. And Col. Wm. McKinley, the chairman of the Breckenridge executive committee, published a card officially denying for the CDmmittee any idea of such a fusion. It was charged that thj3 movement was a confession of weakness and a trick to defeat Breckenridge, but in the light of results, it was a wise and a patriotic proposition. As an illustration of the spirit that prevailed, the treatment of Col. Vjirney A. Gaskill is in point. He was chairman of the Fulton county Breckenridge executive committee. Believing that he was coquettino- with the BeU and Everett people, the committee met and passed, and published the following bitter resolution: " Wliereas, V. A. Gaskill having forfeited all confidence of this Executive Committee, by his political course in the presidential canvass, by his public and private political ter giversations, therefore. Resolved, That V. A. Gaskill be expelled from this Executive committee, and that he is no longer worthy of our political fellowship." BEECKENEIDGE AND LANE ELECTED. 129 An organization was established in the state that was originated in Macon, called the " JNIinute Men," irrespective of party, whose purpose was to " sustain southern constitutional equality in the Union, or fail ing in that, to establish our independence out of it." In Atlanta, the " Minute Jlen" was started by Col. T. C. Howard, and numbered over 400 members. Such raen as Howell Cobb, noted as Unionists, emphatically menaced and foreshadowed disunion. Said Mr. Cobb at Marietta, but a short while before the election in a most powerful and effective speech: " The hour of Georgia's dishonor in the Union should be the hour of her independence out of the Union." The day of election carae at last, and Lincoln and Hanilin were elected. In Georffia the vote stood as follows: Breckenridge and Laner~> .51^93j.I)p_uglasja,ftd.,J.ot!ns.Qn, .11,580,, BeU j,nd..^Everett^42,8 None/ of the electoral tickets having received a majority of the whole vote, the choice of the electors was therefore thrown into the legislature. The success of the Black Republican ticket fell upon the South with maddening effect. There had been a fixed belief that somehow such a result would not happen, and the Breckenridge men in Georgia were pretty sure of carrying the presidency. But there stood the inexorable result, and it produced the effect of a volcanic eruption. The Georgia legislature assembled for its regular annual session, the same legislature that had held in 1859. The speaker of the House, Hon. I. T. Irwin, had died, and Gen. C. J. Williams was elected in his place. Several new senators and representatives had been elected, among them, R. C. Huraber, George T. Barnes and John Davison, who have been prominent since the war. Mr. Barnes is at present the Georgia member of the National Democratic Executive Coramittee, this being his second term in that capacity. He is a gentleman of fine talent and character. The annual message of Gov. Brown was devoted to the business mat ters of the state, and made a striking exhibit. The state road had paid $450,000 into the Treasury. Of the state debt not due, $117,000 had been paid in addition to the interest and principal due. The School Fund had been increased $200,000, besides $150,000 paid out for educa tional purposes. The sura of $75,000 had been appropriated at the last session to buy arras for the state military. An increase of the appro priation was recomraended. All of the institutions of the state were in the best condition. The subject of our Federal relations, Gov. Brown made the occasion of a special message of great length and elaboration, and practical abUity. The message was written before it was certain that the Black Republican ticket was elected, but when sufficient re- 130 GOVERNOR brown's message. turns had come in to render it probable. Reviewing the anti-fugitive slave law legislation of half a dozen of the northern states, he urged as the only means to meet such aggression, a system of retaliatory legisla tion against such states. He recommended raeasures of reprisal upon the property of Massachusetts citizens for instance in Georgia, and with drawal of protection to such citizens, besides discriraination against the manufactures and products of the offending states. In the event that the Black Republican ticket was elected, he advised the calling of a con vention of the people of the state, to devise a proper course. He con cluded with the recommendation that the sum of one million of doUars be appropriated for a military fund, with the view of armed resistance to any further aggression. This messag.e of Gov. Brown was a typical instance of the man's methods. Its keen discernment of the situation, its stern recognition of disagreeable facts, its thoughtful consideration of remedies, its thorough preparation for the worst, its bold assumption of responsibility, its daring aggressiveness, its large comprehension of probable needs, and its magnitude of plan, all inspired by prompt and iron-wiUed nerve, and conducted with confidence and practical sense, were all just what the people had learned to expect frora this reraarkable man. The mes sage awakened a general interest over the whole Union. It evoked bitter denunciations from abroad. For a month the table of the execu tive office was covered with letters frora every factory in the North, representing in every variety of penraanship, orthography and rhetoric, the ills which would befall any nuraber of raen, women and children, should Georgia carry out the policy of her Governor. It was but a few days until the election of Lincoln and Hamlin was a certainty. County meetings were held in all parts of Georgia, and resolutions poured in a steady current upon the General Assembly urging action. Savannah' led off under inspiration of the impetuous Bartow, and declared that the election of Lincoln and Hamlin ought not to be submitted to, and asking for a convention, and measures to organize and arm the forces of the State. A convention of military corapanies presided over by John W. Anderson, resolved that " Georgia can no longer remain in the Union consistently with her safety and best interest." The appropriation of a miUion .of dollars for military purposes, recommended by the Governor, was endorsed by this convention of soldiers, and their services tendered to the Governor. Governor Brown issued his proclamation announcing that there had been no selection of electors by the people, and the duty devolved upon THE FIRST STEP IN SECESSION. 131 the General Assembly, and he suggested that in view of the fact that the Black Republican candidates were elected, and the Georgia vote would not alter the result, that for the sake of harmony, so essential now in the South, a refusal to go through the forms of, an election wouldi be poUtic. He also announced by authority that ex-Gov. McDonald, one of the electors on the Breckenridge ticket, would not allow his name used, as he was too feeble to cast the vote. IiisJ.egislature, however, deeraed it imperative to choose the,gle,ctors,,and the Brecken- ridge ticEeiTa^Jilictgd, TuBstTtuting Alfred H. Colquitt forex-Cjov. McDonald. This legislature of 1860 did important work. A convention of the people of Georgia was called for the 16th day of January, 1861, the election of delegates to take place on the first Wednesday in January, 1861. The act passed unanimously. The coramittee upon the State of Republic addressed a comraunica tion to the following gentlemen, asking them to meet together in a practical and conciliatory counsel, and suggest a line of policy for the legislature: Joseph E. Brown, Alex. H. Stephens, R. Toombs, Jos. H. Lumpkin, R. F. Lyon, Charles J. Jenkins, J. W. A. Sanford, H. L. Benning, G. Andrews, Linton Stephens, M. J. Crawford, B. H. Hill, F. S. Bartow, Jaraes Jackson, T. R. R. Cobb, H. V. Johnson, E. H. Baxter, J. H. Howard. These gentlemen asserabled and recommended the call ing of a convention with the foUowing preamble: " Whereas, the present crisis in our national affairs, in the judgment of this General Assembly, demands resistance ; aud, whereas, it is the privilege and right of the sovereign people to determine upon the mode, measure and time of such resistance." The office of Adjutant General of the state was created; the accept ance by the Governor of 10,000 troops was authorized; the purchase of 1,000 Maynard rifles and carbines for the coast defence ordered; and an appropriation of one milUon of dollars for military purposes made. A Direct Trade Company was incorporated; the sum of $2,500 appropri ated yearly to the State Agricultural Society, a practice still kept up ; and $2,500 appropriated to the Cotton Planters' Convention. All of these were practical raatters, looking to preparation for the troubles irapending, and for a changed condition of affairs. The menacing state of politics could, of course, have but one effect Tpon business. ' Capital became alarraed. All classes of business felt the shock of apprehension. Trade was disturbed, investments ceased, and general commerce was paralyzed. Money was locked up, and the cloud of financial distress darkened the country. The banks. North and 132 ANOTHER BATTLE OF THE BANKS. South, looked forward to suspension, and a bill was introduced and passed, granting relief to the Georgia banks. It seemed as if the banks were destined to be a fruitful and constant source of combat between Governor Brown and the legislatures of the State. Somehow or other they could not agree, and the Executive was not the sort of a person to yield his convictions to any pressure, nor to pin, his opinions upon any number of coat sleeves. He promptly sent back a veto of the bank relief bill. He said that he had been opposed in 1857 to bank suspen sions, and his views had been sustained by the people. There was less reason now for a bank suspension than then. The advocates of bank relief admitted that the banks could raeet their liabUities, but it would cost something. In view of their superior advantages some sacrifice is due from them. Bank men practiced upon popular credulity with the absurdity that suspensions were for the benefit of the people. If so, why were the lobbies filled with bank officers spending money to secure the passage of relief bills. He had seen such influences brought before in 1857. The people had not asked for suspension. The relief measure freed the banks from the penalties of not redeeming their bills, and left the bill holder to suffer loss. Was this a benefit to the people ? It would be time enough to legalize suspension on account of the political state of affairs when an occasion arose, and as far as they should go would be to put in the Executive discretion to withhold proceedings against the banks if it was required. In the event of suspension of anv Savannah, Augusta or Atlanta bank, the collection of debts in the state ceased until December 1st, 1861, and executions became stopped with out security. These provisions were an injustice to plaintiffs in^ fa and to creditors, and gave all advantage to creditors out of the state who could resort to the United States Courts. Northern raerchants could enforce claims against Southern merchants, while Southern mer chants would be powerless to raise money from their debtors. Was this resistance to Northern aggression ? Regretting to differ from the legislature, he yet was compelled to veto the bill because objectionable and unjust. The bill was promptly passed over his veto, but the matter did not stop here. His utterances in the veto message about lobbyists seemed to have given offense. Mr. Di.xon of IMuscogee, offered a resolution requesting the Governor to give information showing that any member had voted for the relief bill for money, or that any bank had used money to secure the passage of the bill. The words about which expla nation was asked, were these: THE HOUSE RASPS GOVERNOR BROWN. 133 " Why is it, that these gentlemen never take upon themselves to guard the people's interest, and spend money to secure the passage of bills through the legislature, except when it is desirable to pass a bank suspension bill." To this resolution the Governor returned a well-tempered, polite reply, directed to the Senate, in which he said that he took pleasure in saying to the Senate, " that no charge of bribery was intended, that the language was general, and was meant to be directed against what is known as lobby influence, when gentlemen leave their homes, and spend raoney for traveling expenses, tavern bills, etc., for the purpose of hanging around the General Assembly to try to influence the minds of members, so as to secure the passage of a particular bill." The unruffled and imraovable Executive proceeded to say that he saw nothing in the message " he desired to retract or modify." No raeraber of the Sen ate to whora his message was addressed appeared to have suspected reflection on hiraself until the discovery was supposed to have been dis^ covered elsewhere. He did not doubt that upon a calm review each Senator ^ould now see that he saw in it no imputation upon himself, as " conscious innocence will never appropriate to itself language in which others can see no charge, or even dubious language as an imputation of criminality." This message gave still farther offense to the House, which passed a resolution offered by Mr. Dixon, which was put on the journals of the House, reciting that the answer had not been communicated to the House, that it was an evasion of a charge the Governor could not main tain, and the language of the answer was disrespectful to the House, therefore, " Resolved, That his Excellency, Gov. Brown, has not only abused the privileges of this House, but has failed to maintain in his oflScial intercourse with this body, that dignity of deportment,-which becomes the Chief Magistrate of Georgia." It was a war-like time then. Men's fighting blood was up. And it took, in the sweeping belligCTence of the universal atmosphere, little provocation to get up a muss between anybody and about anything. Joe Bro-wn too was the worst person in the country to tackle. Nature; in making him, had rather put an over than an under stock of com bativeness. It is rather to be suspected that his Excellency had a sort of natural relish for a set-to with other folks. Be this as it may, it stands true that no one ever struck Gov. Brown without getting hit back, and if he ever declined a combat it is not chronicled, nor has it been susceptible of proof. This attack on the Governor was a flimsy one, and it is surprising that it was made, and that the legislative body 134 GOVERNOR BROWN STRIKES BACK AT THE HOUSE. allowed itself to take part in it. Congregations of raen nor official veneer never had any terrors for this level-headed raan of the people. He flung back the House censure with a cool, biting defiance and con tempt. Reviewing the raatter concisely he showed that he had not evaded the charge, violated any privilege of the House, nor faUed in dignity in his intercourse with the House. He used this language about the resolution of the House. " They were conceived in passion, prompted by a spirit of personal revenge, and not of public duty — undignified in their bearing, untrue in tlieir statements, aud unju,st in the assault which they make upon a co-ordinate branch of the government." He ordered his reply to be entered upon the permanent records of the Executive Department, the legislature having adjourned before he pre pared the message. Like everything else that he did, this spirited re ply and the controversy that elicited it, only strengthened Gov. Bro-wn with the people as a fearless champion of the public interest and the bold assailant of evil. It was a striking evidence of the hold he had on the public confidence and the estimate that was placed upon his judgment, that the electoral ticket chosen by the legislature addressed him alone of all the dis tinguished public raen of the State, a letter asking his views upon the situation as being " eagerly desired." Gov. Brown's response was a practical common-sense view of affairs, in which he said some very strik ing truths. The election of Mr. Lincoln, simply as a successful candi date, would not justify secession, but as the triumph of the Northern section of the Union over the Southern section, upon a platform of avowed hostUity to Southern rights, justified the South in withdrawing from a confederacy where she could not be protected. Submission to \ the inauguration of Mr. Lincoln now would result in the final aboUtion I of slavery. If resistance was not made now it would be fruitless here- i3&^^- He discussed fully the business effect upon the South of the abolition of slavery. Impartially scrutinizing the outlook, he expressed the opinion that the South could never live in peace with the Northern abolitionists unless we could have new constitutional guarantees that would stop the slavery agitation. These the Northern people would never give. There was no doubt that the States around Georgia would secede, and we would thus be surrounded by free and independent ^ states, with whom we have a common interest, and to refuse to stand I with whom would in no way benefit us. Let wise raen be sent to the ; convention, and let them act for the best to protect our rights and pre serve our liberties. CHAPTER XVI. THE STUBBORN BATTLE IN GEORGIA OVER DISUNION. A- Majority Against Disunion. — The County Appeals to the Legislature. — A StrikJM^ Batch of Papers. — The Greene County Resolutions aud M. W. Lewis. — Stately In|P- tive. — Stephens, Johnson and Ben Hill, against Secession. — Dr. Lovick Pierce. — HoweU Cobb.— L. J. Gartrell. — The People Halting. — Toombs Drives the Wedge Finally. — His Master Stroke of Disunion. — His Conservative Danbury Letter. — His Scheme of the Crittenden Resolutions, which Tested the Black Republican Wil lingness to Compromise. — His Ringing Dispatch for Disunion. — William L. Harris of Mississippi. — Gov. Brown and the Banks Again. — The Choice Pardon. — Charles J. Jenkins. A PRETTY fair criterion of the disunion sentiraent in Georgia before the election of Lincoln and Hamlin was the Breckenridge vote. The union element voted for Douglas and Bell. The Breckenridge plat form naturaly attracted the most pronounced Southern rights men who were for making an unqualified issue for slavery. The vote showed a majority against disunion. The election of Lincoln set the current steadUy to secession, and fixed a majority for national dissolution. But there was yet an iramense reserve of decided union sentiment, that resolutely sought to stem the disunion tide. Over forty counties held public meetings and transmitted resolutions to the General Assemblj'. These solemn utterances of public opinion constituted a remarkable body of popular expressions. Whether for or against disunion they were tinged with a white heat, and echoed the tumultuous agitation of the tirae. The bulk of them demanded secession, but there were some' raost extraordinary, eloquent and prophetic appeals and pleas for union. The resolutions from Gre,ene county, presented to the legislature by MUes W. Lewis, cover seven pages in the House journals of 1860, and furnished a strikin^_jm^.masterly,.argument jEor j;__oonservati^^ course. Pronouncing the election of Lincoln a violation of national comity, and not to be submitted to except temporarily, they yet declared it was not 7Jer se a sufficient cause for immediate dissolution, for a -power ful array of reasons: — Because it was a constitutional election, against Northern interest to dissolve the union, because the South was not yet united, because time and delay should be given to let the North try to do justice, because haste in the overthrow of the government would cut off sympathy for our movement, because the masses of the Southern 136 COUNTY' RESOLUTIONS ON THE CRISIS. people were not ripe for disunion, because we were not ready for war, because no serious effort had been made at reconciliation, because we owed a duty to mankind to preserve our republic and its genius, because of the injury to our state and national securities and the terrible pecu niary results, and because a dissolution if proper ought to be done with slow deliberation and after every effort to preserve it, quoting the example pf our colonies which only dissevered finally and irrevocably the bond to the mother country after two years' fighting. State conven tions, and then a Southern convention, temperate but firm, should be held, urging our rights before the North and raaking a last grand united effort for a settlement such as we wished. The last of these powerful and statesmanlike resolutions deserves giving entire. " Resolved, That in view of the great and solemn crisis which is upon us, -we request our fellow citizens to unite with us iu prayer to Almighty God that he would deliver us frora discord and disunion, and above all, from civil war and from bloodshed ; and that he would so guide our counsels and actions that we may be able to raaintain our rights without revolution." There were a number of the counties that sent up similar resolutions to the above, Sjimter, Milton, Injup and others. But the majority struck hotly for immediate secession. Some were magnificent ebullitions of stately and impassioned invective. No man can read this masterly set of public resolutions without being impressed with their dignity, force, vigor of thought and uncommon excellence of diction and august gravity and intensified fervor of spirit. They were the outcome of an aroused and welded public sentiment, focalized to the most impressive majesty of deep human feeling and conviction. There was an original ity of conception and a variety of treatment too about them that was wonderful, and indicated the marked ability as well as profound reflec tion of their authors. The grand problems of our governraent, the difficult questions of civil, social and political policy, the philosophical relations of sections and classes, and the practical matters of adrainistra tion were discussed and expounded with a marvelous incisiveness and condensation, and an apothegmatic felicity of language. JDougherty_County resolutions reported to the tlouse by Mr. R. N. Ely, presented forcibly ah idea, urged by a number of other counties, that represented the view of the more conservative secessionists. This was the necessity of co-operation among the Southern States. It was declared, " It would be monstrous if a single Southern State should, without consultation and by separate action, .attempt to decide the great question that now presses upon the South, not only for hor.self, but for her remaining fourteen sister states." THE LONE STAR WHITE I'LAG IN AUGUSTA. 137 This was the very thing that did happen, a thing that was a great wrong, that was unwise and impolitic to the last degree, and that was remediless. These resolutions put the true wisdom of the crisis in these words : " The time has come for the final settlement of the slavery question upon an enduring and unequivocal basis, and to a General Conference of the Southern States, we would en trust the duty of declaring what that basis shall be." The Richmond County action, reported to the legislature by Mr. Wm. Gibson, contained this beautiful and significant incident. The chair man having stated the object of the meeting, then informed the assera blage that it had been raade known to hira that a white flag with the lone star, and inscribed thereon: " Georgia — Equality in or Indepeiv- dence out of the Union " had been placed upon the cupola of the Teraple of Justice in which they were then assembled; and was then waving over their heads; which announcement was received with long, con tinued applause. When on motion it was unanimously resolved, " That this raeeting adopt the flag and its position as their act, evincive of their determination in the present crisis." It is at such fevered times when the public blood is in a state of exalted fervor that poetic trifles like the above incarnate the solemn purposes of earnest, iron-minded men and idealize a stern gravity into romance. But serious as was the crisis, and ominous the drift to revolution, the people were not ripe for the plunge. Sorae very strong men were opposing the policy of secession. IJ, V.. J,ohn§fl,n,J?*=l.ex. H. Stephensjji.d Ben. -IL Emi..^i2od firinly_ag;ainst_it. Mr. Stephens raade a speech to the Georgia legislature, that take it aU in aU, was the grandest of his life. Unaffected by the whirlwind of passion around him, that terror ized men, he uttered a clear, firm counsel against secession. He daringly asserted that the South was not blameless, and with an unsurpassed moral and physical courage planted himself against disunion. In the calm retrospection of those crazy days this appeal of reason was simply sublime. Dr. Lovick Pierce, the powerful methodist Divine, threw his strong influence against it. Yet he was taunted in the press with in consistency, because in 1844 he had urged the secession of the southern Methodist church, because Bishop Andrews was officially crucified by the northern Methodists for being a slave-holder. Howdii^iilb wrote from Washington a long and unsurpassably able letter, calm, logical, dispassionate and even cold in its temperate, but inexorable argument, discussing the whole situation and_ urging_jiaaj£dMi&™Secessio_n. He quoted voluminously from aU of the Republican leaders, to show the im- 138 THE DRIFT TO SECESSION. movable abolition intent of the party, he demonstrated that the result of the election was war to the death on slavery, he showed that there was no hope for the South in any other remedy than secession, he aro-ued that honor and interest required immediate withdrawal from the Union, and he announced that he was coraing home to share the destiny of his state, and resigned his position as Secretary of the Treasury. L. J. Gartrell wrote to Dr. William C. Humphries of Atlanta, a letter declaring that it was the policy and duty of Georgia to secede. Mr. Gartrell had made an enviable reputation in congress and stood among the promising young men of the state. He had delivered several. speeches in congress that attracted much attention, and had borne him self in debate so as to win the respect of his opponents, as well ^s the applause of his friends. The venerable ex-Gov. WUson Lumpkm, in a letter to Asbury Hull, H. C. M. Hammond, R. S. Taylor and others, stated that there was no hope frora the North and secession was the only chance of prosperity. Gov. Lumpkin had not been in pubUc life since 1843. But the people still were not matured for the grave step. It was re served for Robert Toombs with a consummate management to fashion and drive the -wedge that rived apart the stately structure into contend ing halves. To him, beyond all question, belongs the leadership of the South in sundering the Union. He was the unquestionable genius of the revolution. William L. Yancey was a powerful factor in the disin tegration. But Toombs was the chief and master architect of the dis ruption. His final achievement was a master stroke of diplomacy, sure, subtle and invincible. It fell upon the South with resistless effect. It swept away the last fcot-hold of conservatisra. The heaviest objection to a resort to disunion, was the idea that the Republicans were . -wiUing to give guarantees against any further interference with slavery, and this willingness should be tested before going to the last extreraity. To raeet this idea a number of southern senators and representatives, including Iverson, Crawford, Jones, Jackson, Gartrell and Underwood of Georgia, issued an address, brief and pointed, stating that all hope of relief was gone, and both southern honor and safety required secession. But this was not satisfactory to the conservative element. It was left for Mr. Toombs to put the finishing stroke to the indecision and reluct ance of the halting. The legislature had voted down a resolution in favor of immediate secession, and in the senate a motion to reconsider was lost after a stiff debate, in which Harris, Lawton, Moore, Spaulding and Tracy were for immediate action, and Jones, Trippe, and Ben. HiU ROBERT TOOMBS FIXES SECESSION. 139 were against it. Spaulding dubbed Trippe a submissionist; Jones sneered that the co-operationists would have the fighting to do; Harris retorted that Jones was a " citizen in war and a soldier in peace;" Moore declared that Hill's speeches were on both sides; and Tracy charged that Hill " was in love with his subject, and that subject him self." The sharp sparring showed the feeling at play, and the result evinced the proper deliberation before a grave step. Mr. Toorabs had been invited to address the citizens of Danbury, Va., and wrote a letter declining, but giving his views. This letter was a very adroit one. It was so moderate as to expose him to taunts from the extreme secessionists and conservatives both that he was backing down. But it was the most practical drive yet made to unite the divided South in disunion. It recommended delay until the 4th of March, to test the Republican willingness to do right to the South. At the same time he incensed the Republicans by ' boldly charging upon them the purpose to destroy slavery by hostile laws and stimulating re volts and protecting slave-thieves and insurrectionist's. He declared the only remedy for these enormous evils was new constitutional guaran tees protecting the South. Let these be offered to the Republicans as a test of their spirit. These constitutional restrictions were worth a cart-load of political planks, and if the Republicans refused to grant them, then the time for action was at hand, and he was willing to delay for such a test in concession to the earnest and honest men wlia_^ were hopeful of redress in the Union. Mr. Toombs knew well that the | Republicans would hoot at the idea of sucn constitutional amendments, I but he knew that their rejection would solidify our people. — in accordance with this programme of Mr. Toombs, the Hon. J. J. Crittenden of Kentucky offered before the United States Senate Crisis Coramittee of thirteen, a series of resolutions reciting the pend ing trouble, and proposing as a settlement of it constitutional amend raents for the revival of the Missouri compromise line, denial of right to abolish slavery, in the arsenals and District of Columbia, transit for slaves over non-slave-holding territory and payment for fugitive slaves rescued frora officers by mobs. A tirae was appointed when the committee agreed to be all present and act on the resolutions. On this coramittee were Messrs. Davis, Doolittle, Collamer, Wade, Toorabs, Griraes, Hunter, Bigler, Crittenden, Douglas, Rice and PoweU. Under the rules of the committee no proposition should be considered adopted that did not pass by a majority of the Republicans. The propositions were aU rejected, Mr. Toombs voting against them, though he declared 140 HON. WILLIAM L. HARRIS, OP MISSISSIPPI. he would go for thera if the Republicans offered and went for them in good faith. But the fact stands that he voted against them. He immediately telegraphed a ringing address to the people of Georgia, reciting that the Black Republicans had not only voted against any constitutional guarantees' for the South, but declared that they had no guarantees to offer. He wound up with these momentous words, the most important and effective for the disunion raoveraent that had been announced by any man or set of men in this tremendous agitation: ,' " I tell you upon the faith of a true man, that all further looking to the North for security for your constitutional rights in the Uuion, ought to be instantly abandoned. It is fraught with nothing but ruin to yourselves and your posterity. " Secession by the fourth of March next, should be thundered from the ballot-box by the unanimous voice of Georgia on the second day of January next. Such a voice will be your best guarantee for Liberty, Security, Tranquillity and Glory." From this time on, though a very considerable portion of the people opposed secession, the policy of disunion in Georgia was an established fact, and the movement sped swiftly and steadily to its consumraation. The Hon. Williara L. Harris of Mississippi, as delegated . coraraissioner from that state to Georgia, made an address to the General Assembly communicating officially the fact that Mississippi had called a state convention to consider the situation, and asked Georgia's co-operation in the adoption of efficient measures for their common defense and safety. The address of Mr. Harris was a very eloquent and effective appeal. His references to Baldwin, Jackson and Troup, the famous Governors of Georgia, were very fine. He declared Georgia " the bright est exemplar among the advocates and defenders of state rights and state remedies. He touchingly alluded to the fact that Mississippi was cut off from Georgia, " glorious old mother " — and that thousands and thousands of Georgia's sons and daughters were adopted children of Mississippi, who still fondly looked to their native state for sympathy and guidance. Mr. Harris in his mission for Mississippi but reflected the feeling in all of the Southern states which looked tO the action of Georgia above any other state; and this deep interest in Georgia's action demonstrated how powerful and influential was our common wealth. The Legislature adjourned on the 19th of December, 1860, having passed resolutions of syrapathy with the message of Mississippi as com municated through Hon. Wm. L. Harris, and resolving that should any or all of the Southern states determine in the present emergency to -with draw frora the Union, such seceding states should forra a confederacy. 17? GEOnOIA THE CHOICE PARDON. 141 Before the adjournment the bank agitation was resumed. After the passage of the bank relief bill over Governor Brown's veto, the banks began to suspend specie payment, and one bank had suspended before. The Governor issued his proclamation as required by law, announcing the suspension, but he showed his unabated hostility to the measure and his unconquered resolution in spite of legislative majorities, by con cluding his proclamation raaking known the suspension with the paren thetical stateraent that he " feared too raany know it now to their injury." After a brief trial of the suspension act. Governor Brown addressed a raessage to the General Asserably making recoraraendations for additional legislation. He called their attention to the fact that in solvent banks, as well as solvent ones, had the benefit of the act, and were relieved of all responsibility. He went on to discuss the suspen- pension, and showed that his prediction had corae true that exchange had gone up to three per cent. He put in sorae heavy blows upon the bank relief champions, showing how relief relieved the people, increas ing cost of purchases and freights. If the Legislature would not repeal the obnoxious law, at least let it reduce exchange to one per cent., and place insolvent banks in a different category from the solvent banks. These things were done. Another matter that excited much discussion was the pardon by the Legislature of a gentleman by the narae of Wm. A. Choice, convicted of murder. He was very highly connected, and powerful influences were brought to bear for the purpose of saving him frora the penalties of the law. At the session of 1859 an act had passed for his pardon, and Governor Brown had vetoed it upon the merits of the case. Ben Hill took a strong interest in the case, and it was brought before the Legis lature again. Mr. Hill pushed it with great ability and vigor, and the pardon was again granted by the Legislature and again vetoed by Gov ernor Brown. The bill provided for placing Choice in the Lunatic Asylum, and was passed over the Governor's veto by a constitutional majority. The case attracted general attention in the state, and a right warm feeling was stirred up between Governor Brown and the friends of Choice. There was sorae newspaper controversy over it. In the Legislature also there was acriraony on the part of members growing out of the question whether Governor Brown had a right to veto a par don in a murder case. The case illustrated the unyielding persistence of Governor Brown's character, and his unswerving adhesion to what he conceived to be his duty. The unfortunate subject of this controversy died within the last 143 C. J. JENKINS JUDGE OF SUPEEME COURT. year in the asylum. Comraenting upon this case, the Augusta Des patch had these words: " We are not much of an admirer of the ' oue man power,' but the judgment, justice and bravery with whicli Governor Brown has exercised it makes us almost in love with it." Judge Linton Stephens having resigned as Judge of the Supreme Court, this Legislature did a graceful act of honor to the State in elect ing- Charles J. Jenkins. CHAPTER XVIL THE MOST VITAL CHAPTER OF GEORGIA HISTORY— HER SECESSION FROM THE UNION. ¦' „. Georgia Foremost in the Slavery Agitation. — Her Potential Men. — Her Destiny of Leadership to Continue through Joe Brown. — Carolina Secession. — Its Flaming' Effect. — Bartow and Lochrane. — Gov. Brown's Seizure of Fort Pulaski. — H. R. Jackson — A. R. Lawton. — The Convention Endorses Brown. — The Southern Press on the Seizure. — The Macon Companies. — Richard R. Cuyle'r. — The Secession Con vention. — Georgia the Pivotal State. — Personelle of Convention — Ablest Body of Georgia Annals. — E. A. Nisbet. — T. R. R. Cobb. — Dr. Joseph P. Logan. — Nesbit's Secession Resolution. — ex-Gov. Johnson's Famous Substitute. — A Debate of Giants. — Tora Cobb gives the Key Note. — An Historic Picture. — Robert Toombs. — " We Accept War." — Coraraittee to Draft Secession Ordinance. — The Ordinance. — The Signing. — The Protest of Six. — The Ship given to the Lightning and the Gale. — The Inspiration and the Effect of Georgia's Secession. From 1850, when Georgia leaped to the front in the slavery contro versy, and gave to the country the famous " Georgia Platforra," as the crucial enunciation of Southern doctrine on slavery, up to the crisis in 1860, our state had been the foremost in the agitation. The phenomenal Stephens had focalized the national gaze in the memorable contentions about this subject. The imperial Toombs had led the Southern states raen -with a blended brilliance, ability and audacity, that no man ever surpassed in any forensic arena. The large-souled Cobb had guided the policy of Buchanan's administration in the culminating years of the political strife. In her ponderous-brained Johnson the state had fur nished as a Vice-Presidential candidate on the Douglas ticket one of the pivots of the carapaign. Around the name and agency of Georgia hung the most potential prestige of any Southern state. Her positive instruraentality in the drama was destined to continue. We have seen how Mr. Toombs drove the impending storm to a crisis. We shall see how frora this time on, the focal figure in Georgia during the four deadly years that followed was Joseph E. Brown. He had done Uttle during the long birth of the revolution. But when it became inevitable, his agency as a leader was something marvelous. It seeraed as if nature had put hira in the place for the eraergency. His peculiar qualities found a fitting field for their display and the public benefit. His, acts 144 BURNING SPEECH OF F. S. BARTOW. seemed like inspirations. There was a prevision of needs, a forecaste of events, a vigor of action and a daring in responsibility, that exactly raet the appalling crisis and savored of the heroic. The man seemed born for the time. The horaespun mountaineer, hero of the plowing bull and the calico bed-quilt, had ripened into the acknowledged genius of a great coramonwealth in the ordeal of a raighty revolution. The people, masses and leaders, looked to his cool sense, iron nerve, and resourceful capacity in this trial, and he raet their deraands and hopes fully. His leadership was intuitive, masterly, undisputed. He did as one made for the era. Precisely at fifteen minutes past one o'clock on Thursday, the 20th day .of December, 1860, under an ordinance of secession passed in sov ereign convention, the State of South Carolina withdrew from the Union of the United States, and resuraed her independent state sovereignty. That act was the first step in the great civil coraraotion of the century. It was the beginning of an end of illiraitable extent. It was not the practical inauguration of the war, but it was the preface to it. The news stirred the South wildly. It fired the Southern people into a sort of deliriura. All over Georgia the people celebrated the startling event with gatherings and speeches, and a general exhilaration. In Atlanta guns were fired at sunrise. An iramense crowd assembled, and a hun dred guns echoed the public joy from noon until sunset. There was a grand torchlight procession and a balloon ascension. Abraham Lincoln was burned in effigy, and Howell Cobb raade a burning and powerful speech. On the 2Sth, a few days later, Francis S. Bartow and O. A. Lochrane addressed the citizens of Atlanta. While Bartow was speaking, a ¦ dispatch was handed hira just received, that Fort ^Moultrie in Charles ton Harbor had been burned by the Federal troops, and the garrison had gone over to Fort Sumter, and Charleston had ordered out two regiments. The scene that followed baffles description. The audience became wild with enthusiasm. Three cheers were given for South Carolina amid such a tornado of applause as is rarely heard. The ready and impassioned Bartow, resuming his speech with folded arms, rang out with a biting sarcasm, " Yes, whUe you talk of co-operation, you hear the thunders of the cannon and the clash of sabers reach you frora South Carolina." The applause was deafening over this. Continuing, the orator thrilled forth: " Is this gallant, noble state of South Carolina, that had the boldness to take the lead in this matter, to be left to the cold calculating of the co-operationists of Georgia ? " Vehement replies SEIZURE OF FORT PULASKI. 145 of No! Never!! Never!!! Never!!!! thundered frora every part of the dense gathering. This action of the Federal authorities in regard to Forts Moultrie and Sumter inflamed the already high war fever of the South to an over mastering fury. Even such far-sighted, raen as Gov. Brown were not decided that the North would attempt coercion of the seceded states. They believed that war possibly might not follow. But the Fort Sum ter raatter left no doubt of the Federal purpose to resist forcibly seces sion. The appointment of Mr. Holt as secretary of war in the plaee of Floyd confirmed this, Mr. Holt being alleged by Mr. Toombs to be inimical to the South, and his selection foreshadowing active hostility. Under the light of this momentous revelation of policy, so full of un speakable results, the disunion sentiment still further increased. It was under this knowledge that the practical genius and prompt decision of Gov. Brown carae into play with one of those strokes of action for which he has been noted. Lie began a series of daring assuraptions of responsibUity that made Georgia memorable, and himself famous. He took a step of decisive leadership that at once showed the people, not only of the State, but of the South, and of the rapidly disintegrating Union, that Georgia's Governor was fully equal to the needs of the emergency. Audit was this step that continued the remarkable agency of this State as the most potential factor in this great strife, and it gave to Georgia whatever of glory may attach to committing the first overt act of war. Georgia, it raust be reraerabered, was still a member of the Union. She did not secede until the 19th of January, 1861. She was in the Union, while Carolina was out of it. The seizure of the coast defenses was not only therefore a dictate of miUtary forecaste and wisdom, but it was an aggressive act of war against the Federal gov ernment, whose authority was stUl operative. Fort Pulaski at the mouth of the Savannah river coraraanded the ap proach to that city, and was the chief fortification on the Georgia coast. Quick to conceive a practical idea. Gov. Brown was as quick to execute it. In the event of war. Fort Pulaski was a railitary necessity to the State, and war was coming. Gov. Brown det.smtiaadJa..geia£jj|tJlQ7, inediatelY. There had been some private movement in Savannah look ing to, an occupation of the Fort by the citizens of the city, but the cooler-headed men advised against such an act, and the Governor was advised of the purpose. He went. to Savannah in person to decide, and promptly determined to officially order the seizure. The first regiraent of Georgia Volunteers was commanded by Col. Alexander R. Lawton, 10 146 GOV. brown's OEDEE TO GEN. A. R. LAWTON. to whom the Governor issued the following order, which was carefully prepared, and explains the reasons for the act. " HEAbQUARTEKS GEORGIA MlLITIA, ( .Savannah, January 2, 1861. ) Colonel A.. R. Lawton, Commanding 1st Regiment Georgia Volunteers, Savannah: Sir : In view of the fact that the Government at Washington has, as we are in formed upon high authority, decided on the policy of coercing a seceding State back into the Uuion, and it is believed now has a movement on foot to reinforce Fort Sumter at Charleston, and to occupy with Federal troops the Southern forts, including Fort Pulaski in this State, which if done would give the Federal Governraent iu any contest great advantage over the people in this State ; to the end therefore that this strong hold, which comraands also the entrance into Georgia, raay not be occupied by any hos tile force until the Convention of the State of Georgia, which is to raeet on tlie 16th rinstant, has decided on the policy which Georgia will adopt in this emergency, vou are ordered to take possession of Fort Pulaski as by public order herew ith, and to hold it against all persons^ to be abandoned only under orders from me or under compulsion by an overpowering hostile force. Imraediately upon occupying the fort, you wiU take measures to put it in a thorough state of defense, as far as its means and ours will permit ; aud for this purpose you will advise with Captain Claghorn, Chatham Artillery, who has been charged with all mat ters relating to ordnance and ordnance stores and their supply. You will further arrange with Captain Claghorn a series of day and night signals for communicating with the city of Savannah, for the purpose of caUing for reinforcements, or for other necessary purposes. And you will arrange with Mr. John Cunningham, Military Purveyor for the time being, for the eraployraent of one or more steamboats, or other rae.ins ot transportation by land or by water that may be necessary, and for other supplies (except for ordnauce stores, for wliich you will call upon Captain Clag- horii) as may be required. If circumstances should Require it, the telegraph will be filaced under surveillance. I think from our conversation you fully understand my views, and relying upon j'our patriotism, energy and sound discretion in the execution of this important and delicate trust, I am, sir, very respectfully, Your obedient servant, . JOSEPH E. BROWN, Governor and Commander-in-Chief." An additional order was issued by the Adjutant-General, Henry C. Wayne, in regard to the details. There was a spirited rivalry among the volunteer companies of Savannah to participate in this duty. De tails frora the Chatham Artillery, under Captain Joseph S. Claghorn; Savannah Volunteer Guards, under Captain John Screven, and Ogle thorpe Light Infantry, under Captain Francis S. Bartow, amounting to 134 men, 50 each being taken from the infantry companies and 34 frora the artillery, were raade of a force to seize the fort. The seizure was made on the raorning of the 3d of January, 1860. The writer was a raember of the Oglethorpe Light Infantry, and was one of .the detaU FORT PULASKI. 147 from that company for this duty. The seizure created the greatest ex citement over the whole South. It was in accord with the spirit of the hour, and Governor Brown received unstinted encomiums for his deci sive conduct. Its effect on the other Southern states was electrical and wide-spread. It stiraulated the war spirit, and immediately gavel Georgia the prestige that she held to the end of the conflict. _J Col. La-wton in communicating the occupancy of the fort made the foUowing stateraent of an incident that was regarded as an unpleasant coraplication, but which Gov. Brown promptly settled: " On steaming down the river this morning I ascertained with regret that certain un authorized persons had taken possession of the United States revenue cutter, Dobbin, and are now exercising control over her in the waters of Georgia." Col. Lawton stated that he had taken the cutter, and expressed re gret that such embarrassing questions should be presented by unauthor ized persons at that critical tirae. Gov. Brown imraediately notified Mr. John Boston, collector of the port, that the cutter was at his dis posal, regretting the lawless seizure of the vessel, and the cutter was delivered to the captain. The fort contained when thus taken, twenty thirty-two pounder guns in bad condition, and very little ammunition. Every effort was made to put the fort in order. The garrison of gentleman soldiers was put under strict railitary discipline. The guns were properly mounted and ammunition supplied. DrUling and practice firing were daily done. The cartridge bags for the heavy guns were furnished by the deft fin gers of the Savannah ladies. Some lady sent down to the fort a fine fruit-cake iced beautifully and the word " Secession " wrought in with sugar, while another more practical, sent down a package of lint. Gov. Brown remained long enough in Savannah to see the seizure com pleted, and returned to the seat of government. He telegraphed an account of his proceedings to the Governors of Florida, Alabama, Mis sissippi and Louisiana, and received strong endorsements of his course in reply, and the intiraation that his exaraple should be immediately fol lowed. Gov. Moore of Alabaraa imraediately seized the forts and arse nals in that state. The minute men of Macon passed unanimously some resolutions of Charles J. Harris, Esq., approving the seizure, and pledg ing themselves to sustain Gov. Brown at any sacrifice. The state con vention that met soon after passed this resolution: " This convention highly approves the energetic and patriotic conduct of Gov. Brown in taking possession of Fort Pulaski by Georgia troops, and requests liim to hold pos session until the relations of Georgia with the Federal government be determined by this convention." 148 WAR SPIRIT IN MACON. The Governor on his way to MUledgeviUe was received all along the line of railroad with demonstrations of approval of his course. On his arrival in Milledgeville, a large nuraber of citizens with rausic and torches went to the executive mansion and serenaded him, and he made a short talk that was cheered with a hearty good wUl. The press was very emphatic in approval of the Governor's action. Said the Augusta Democrat: "He has exhibited an intelligence, flrmness and compre hensive statesmanship, equaled by few and surpassed by none in the annals of the state." The Southern journals generally commended his course. The Alabama Spirit of the South thus paid him tribute: " We cannot but admire the skillful and energetic manner in -vvhich Gov. Brown man ages and controls the public affairs of Georgia. He takes counsel of no man's fears ; lis tens to no timid suggestions of delay ; waits for no co-operation or compromise. He turns neither to the right hand nor the left, but proceeds right onward to vindicate the honor aud protect the rights of his government. He executes his plans with the nerve of a soldier aud the skill of a statesman. He defies the threats of Federal poiver, and laughs his enemies to scorn. He is full of Jacksonian will and courage ; possessing wisdom to de vise and boldness and sagacity to execute. He has much administrative capacity, and in our opinion is better fitted for President of a Southern confederacy than any man iu the South." This as contemporary comraent, outside of State bias, wiU afford some conception of how this self-reliant and resolute Executive of Georgia in that troublous day impressed impartial public judgment. A little episode occurred at this time that will exemplify the popular feeling as well as Governor Brown's spirit. The officers of the volun teer companies of Macon, Captain R. A. Sraith, Captain E. Sraith, Cap tain E. Fitzgerald, Captain T. M. Parker, Captain L. M. Laraar and Lieutenant Wra. H. Ross telegraphed to Governor Bro-wn, asking him " if he would sanction the raovement of Georgia volunteers going to the aid of South Carolina." This was the prompt response: " I will not. Your first duty is to Georgia. South Carolina is able at present to take care of herself. You may be needed at home very soon. " JOSEPH E. BROWN." ¦J On the 9th day of January,' I860,* the State of Mississippi followed the example of South Carolina and formally seceded frora the Union. On the 11th of January, Florida and Alabaraa withdrew. Each day as it dawned brought some new contribution to the war spirit. The Fed eral steamer " Star of the West " attempted to run in to Fort Sumter and was fired upon by the Carolina troops in Fort Morris and driven back. It was a rising flood of combative feeling. The sense of coming conflict pervaded the most thoughtless, and serious people thrilled under THE SECESSION SPIEIT IN GEOEGfA. 149 the moving stimulus. Richard R^_Cuv][erj_the President^ of jhe p.Qis;er- ful Central Road Company, patriotically notified^ Go Y,„BrowQ,.Jl2ai«ll.is bank was ready 'to_Jakg,jone hundred tliousaiid.dQUars„.Qf..the,.l)Oiids.fo.r the defence of ..th&.Stata„at n&L, Secession cockades and badges were made by the thousand and worn openly and gaily. Some lady wore a bonnet made of white and black Georgia cotton, covered with a net work of black cotton, the streamers ornamented with Palmetto trees and Lone Stars embroidered with gold thread, while the feathers were forraed of white and black worsted. The Georgia Convention assembled on the 16th day of January, 1861. The eyes of the whole Union were upon this most august body. There, was an interest in its deliberations, both profound and wide-spread. It was felt to be the turning point of the real commencement of the revo lution. If staid, self-poised, deliberate powerful Georgia held back from the work of disintegration it wOuld have been such a substantial check to the destructive movement as would have done much to stop it. Georgia's cooperation rendered the revolution sure. The Federal ad- . ministration looked anxiously to our State as the crucial agency of the agitation. The people of the North focalized their attention upon this arbiter of an impending and incalculable convulsion. It was known that a majority of the people of Georgia favored secession, but the minority in favor of cooperation and delay was a very large and power ful body of public sentiment, ably and patriotically headed. The_v2^ taken in the electi^ for merabers^of.jthe, convention showed^-anaggre- gaj&..al~iiiJ,M3l.for secession, .and 37,133 ,against,..giying a ,jiia jority jDf only 13,120 for immediate dijiynon, outof__87i3^66. This was a rauch smaller majority than Gov. Brown had obtained in his last election. Jn"" many counties tjie,jjiti-secessig|iists had heav.y majorities.- Such strong counties as Baldwin, Floyd, I^Kalb, Cass, Franklin,, Gordon, .Gwinnett, Lumpkin, Murray, Walker, Walton and others went some, of them over- whelmingly against disunion. In manj' counties it was the closest sort of a shave, giving either way only a vote or two. TJ^g^n^ogt., one-sided SSCes.siQn_county in the whole State was Cobb, which gave 1,035 votgs ISLAS*^!^ .2JllZ_S£S^r againstjlisunion. Chathain -was also^nearly 'liji^p- iraous for secession. In a very few counties no opposition candidate to secession was run. In Taliaferro and Tattnall iwseces^sipn candid^ '8ta4,putup. These statistics will show how much the people were divided on this issue, and yet in the crazy fever of the war excitement and the more noisy demonstration of the secession charapions, the op position was alraost unheard and absolutely impotent. A few brave 150 PBESONELLE OF THE SECESSION CONVENTION. spirits spoke out fearlessly, and courageously endeavored to stem the rushing and turbulent tide of disunion. But the generality of conser vative raen feeUng powerless to do anything, and unwilling to incur a certain odium that clung to men alleged to be lukewarm or opposed to Southern interest, went quietly along simply voting in the opposition. The secession convention was the ablest body ever convened in Georgia. Its membership included nearly every leading public raan in the State, the leaders of all parties and shades of political opinion. The President of the Convention was George W. Crawford, who had been Governor of the State from 1843 to 1847, a gentleraan of large influence and coraraand ing ability, and for years a recognized popular leader. There was Robert Toombs, United States Senator, and for a short time Secretary of State in the Confederate Administration ; the two famous Stephens brothers, Alexander H. Stephens, Vice President of the Confederate States, and Linton Stephens, Judge of the Supreme Court. Ex-Governor Herschell V. Johnson, candidate for Vice President on the Douglas ticket and ex- United States Senator; Eugenius A. Nesbit, ex-Member of Congress and ex-Judge of the Supreme Court ; Benjamin H. Hill, present United . States Senator ; Alfred H. Colquitt, the present able and popular Gov ernor of Georgia; Henry L. Benning and Hiram Warner, ex- Judge and ex-Chief Justice of the Supreme Court. There was also Augustus H. Kenan, Washington Poe, David J. Bailey, ex-President of the Georgia Senate, Gen. W. T. Wofford, Francis S. Bartow, Thos. R. R. Cobb, Dr. H. R. Casey, Judge R. H. Clark, H. P. Bell, meraber of Congress since the war. Dr. J. P. Logan of Fulton county, one of the most eminent and scientiflc physicians in the State, Wm. H. Dabney, D. P. HiU, Goode Bryan, Judge W. B. Fleming, Henry R. Harris, member of Con gress since the war, Thos. P. Saffold, Judge Augustus Reese, Pur- metas Reynolds, Arthur^ Hood now Judge, Willis A. Hawkins, since Judge of the Supreme Court, T. M. Furlow, A. H. Hansell, S. B. Spencer, since Mayor of Atlanta, P. W. Alexander, C. W. Styles, N. A. Cars- well, now Judge of the Superior Court, and John L. Harris, since then a Judge. Among these gentleraen two were the most potential and unexpected workers for secession. Judge Eugenius A. Nesbit, the author of the Ordinance of Secession, had always been a very conservative public raan. He was a small gentleraan, though of great personal dignity. He possessed unusual culture and erudition. He was a christian of pro found piety. He had been a Congressraan and a Judge of the Suprerae Court, and was known for eloquence, learning, ability, classical educa- I DAO-P^ BT SHAiy-z: E?rG-= rt^ .-< rr -RrTcrn-F. , :^^/^/' ^^y/ DE. JOSEPH P. LOGAN. 151 tion, and a moral and social character of exquisite purity. The other of these two unlooked-for disunion advocates was Thos. R. R. Cobb, like Judge Nisbet. an earnest, fervent christian worker, but who, unlike his distinguished coUeague, had never taken any part in political life.. He was a lawyer of marvelous industry and acumen. The secession issue aroused all the fervor of his earnest soul. The election of Lincoln threw him into the political arena, the most intense, unwearied cham pion of secession in the state. All of the powerful energies of his raind and wiU were bent upon this raission of withdrawing Georgia from the Union and establi^ing a Southern Confederacy. He was, as Mr. Stephens fitly called hira, a sort of Peter the Hermit in this secession crusade, pursuing it with an unquenchable enthusiasm. Nothing could raore vividly show the engulfing fever of the day than the fact that such raen as Dr. J. P. Logan were drawn into public activity. Leading the medical profession, he was a scientific enthusiast in his high caUing. A gentleman of iraposing figure and. a noble face, ¦with genial dignity of raanner, combining every christian grace of character with decisive manhood, high intellectuality and rare medical skiU and erudition, his interest in the movement showed how the solid strata of our best citizens was stimulated to zeal in this asritation. Mr. Albert Lamar was made the Secretary of the Convention, Gov. Bcavyn ,aiil£^.Ga£ Jiifflfi]lJi3ijk»SSffiiflta±M,Ja^seats. jj^^ the,ilflfir. The convention was addressed by Hon. James I.i. Orr, Commissioner from South Carolina, and Hon. John G. Shorter, Commissioner from Alabama, explaining the attitude of those states and seeking the cooperation of Georgia in disunion. On the ISth of January Judge Nisbet introduced a resolution declaring in favor of secession and for the appointment of a coraraittee to report an ordinance of secession. This precipitated the issue. For this resolution ex-Gov. H. V. Johnson, acting in concert with Mr. Stephens, offered a substitute written by ex-Gov. Johnson, reciting Georgia's attachraent to the Union; the assaults that had been made upon slavery and the insecurity they begat in the Southern mind; the peril that threatened the South frora a hostile raajority, a peril aug mented by the recent secession of several Southern states; and that while Georgia could not abide permanently in the Union without new and ample constitutional guarantees, yet she was not disposed to with draw hastily or without consultation with her Southern Confederates, whose counsel and cooperation she invoked to secure our rights in the Union if possible, or to protect them out of the Union if necessary. The substitutes proposed an ordinance that Delaware, Maryland, Vir- 152 DISCUSSION OP GIANTS OVER SECESSION. ginia, Kentucky, North Carolina, Louisiana, Texas, Arkansas, Ten nessee and Missouri be invited to send delegates to a congress in Atlanta the 16th day of February, 1861, to consider the situation and devise a course. The independent republic of South Carolina, Florida, Alabama and Mississippi were invited to send Commissioners to said Congress. It was further declared in the ordinance that Georgia pre sented as indispensable constitutional guarantees before she could re main in the Union, congressional inability to aboUsh or prohibit slavery in the territories, surrender of fugitive slaves, punishment of rescue of slaves from officers, protection of slave property like other property in the territories, the admission of new states with or without slavery as the people thereof wish; the right of transit and protection for slaves, and the prohibition of negroes holding Federal office! It was further ordained by the substitute that upon any attempt at coercion of the seceded states Georgia would join them in resistance; that Georgia would hold Fort Pulaski and other Federal property until her final de cision; that Commissioners be sent to the other slave states; that if all efforts fail she will help form a Southern Confederacy, and that the con vention adjourn to the 25th day of February, 1861, and concluding with the unalterable determination of Georgia to maintain her rights, equality and safety at all hazards, and to the last extremity. The discussion over this issue was elaborate, able and eloquent. Judge Nisbet, Gov. Johnson, T. R. R. Cobb, Mr. Stephens, Mr. Toorabs, Alexander Means, Aug'ustus Reese, Ben Hill and Francis S. Bartow, all spoke. It was a discussion of giants. 'pi£™Sfiaessaan^cham^oiwwere Nisbet. Cobb. Toombs. Reese and Bartow, and pitted aefaioatjthem in fa£QX.,.a£...£u.rther attempt at, a. .friendly,, .settlement of. tnoubles, were Johnson, Stephens, Means and Hill. The key-note of the secessionists, as condensed by Mr. T. R. R. Cobb in a speech of remarkable power, was, " We can make better terms out of the Union than in it! " And Mr. Stephens gave it as his opinion, that this single, focal idea of Mr. Cobb, looking to a more certain re-formation of the Union on a higher vantage ground outside of the Union, did more in carrying the state out than all the arguments and eloquence of all others combined. The sound, unanswerable position of the anti-secessi(3nists was ¦ enunciated by Mr. Stephens in the sentence, that " the point of resistance should be the point of aggression." ' Secession as a remedy for anticipated aggressions was not wise or politic, and these gentlemen opposing seces sion believed that Georgia, standing firm with, the border states in an effort to obtain a redress of grievances, would succeed. It was a grand A GRAND DEBATE. I 153 debate over the grandest of themes, this discussion of superior minds, trained to controversy, upon a subject involving the happiness and welfare, not only of the commonwealth, but of the nation with its miUions. The debate was historic, and deserves to be pictured for posterity. There is little doubt that it settled the issue — the mighty and appaUing issue of war or peace. The destinies of a nation hung upon it. Had the milder policy prevailed, and Georgia been in the role of peace-maker, there is no telling how the end would have been. The conservative course was the wise one. It was too grave an issue and too awful a result to have been decided hastily, and not to have first exhausted every possible means of friendly adjustment in the Union. But a Higher Power was ruling the occasion. The great and mysterious ends of Providence were in process of fulfillment. The frenzy of revolutioii was on the people: the counsels of prudence were subordi nated to the honorable resentment of a chivalric section, and the work of the emancipation of four millions of slaves progressed to its bloody and final consumraation. ¦ Ex-Gov. Johnson had raoved the reference of the original and substi tute to a special committee. After the debate the previous question was called and sustained, which brought the convention to a direct vote on Mr. Nisbet's secession resolution, l^e resolution was passed by a vote of 166 yeas to 130 nays, under all the circumstances a most extra ordinary vote in its development of anti-secession views. The truth is, that some of the ablest and strongest intellects of 'the state^and_,Jije convention, oppQsed Recession, and t^at^n.^sui-e.^^gaa^Carrie^ by so_small a majority as to demonstrate how reluctant our people .,>yexa„jtft,S!l,tgr upon a violen|_j30urse. Mr. Toombs was the undoubted head of the secessionists in the convention. His superb qualities of leadership, and his double leverage as a Senator in the United States and a raeraber' of the convention, with all the power and inforraation that such senator- ship gave him, equipped him for hastening the march of the revolution. He had made a speech in the United States Senate on the 7th of Janu ary, 1861, of surpassing power — a speech intended to put upon record the wrongs and the cause of the South — a speech of crushing logic and sublime eloquence. One by one he had in clear, forcible language laid down the demands of the South, and their foundation in solemn consti tutional guarantees. He candidly made the striking admission, " that a very large portion of the people of Georgia prefer to remain in this Union with their constitutional rights — I would say ninety per cent, of them — believing it to be a good government." Unanswerably arguing 154 COMMITTEE TO DEAFT SECESSION OEDINANCE. that -the Constitution was the compact of union, he discussed every grievance of which the South complained in the light of the Constitu tion. The speech was full of magnificent bursts of thrilling eloquence: He concluded with this impassioned passage : " These charges I have proven by the record, and I put them before the civilized world, and demand the judgment of to-day, of to-morrow, of distant ages, and of heaven itself, upon the justice of these causes. I am content, whatever it be, to peril all in so noble, so holy a cause. We have appealed, time and time again, for these constitutional rights. You have refused them. We appeal again. Restore us those rights as we had them, as your court adjudges them to be, just as our people have said they are ; redress these flagrant wrongs, seen of all men, and it ivill restore fraternity, and peace and unity to all of us. Refuse them, and -svhat then? We shall then ask you, ' Let us depart in peace.' Refuse that, and you present us war. We accept it ; and inscribing upon our banners the glori ous words, ' Liberty and Equality,' we will trust in the blood of the brave and the God of Battles for security and tranquillity." Coming to Georgia with these grim words of war upon his eloquent lips, echoing their stern spirit over the whole country, and flaming men's hearts everywhere in the broad land, he took his seat in the sov ereign convention of his great state, and there resumed the fiery raission of a nation's severance. It was a wonderful work, this disintegration of a gigantic governraent. And looking back from a twenty years' stand point of time, one wonders that no prescience of the immeasurable mis eries that followed were vouchsafed to the architects, the undoubtedly patriotic and pure-souled architects of that act of colossal ruin and destruction. God for his own good reasons allowed no prophetic reve lations of the terrible future, and the revolution went on in which a noble people, in a sacred cause of self-government, were crucified for a humanitarian wrong, for which they were not responsible. Thus inscrutably does Providence forge out its great plans. The secession battle was fought and whipped over Judge Nisbet's resolution. After its passage the colonial flag of Georgia was raised araidst a wild exciteraent. It was a short work to complete the act. Judge Nisbet promptly moved that the coraraittee to report an ordinance of secession consist of seventeen merabers. It was carried. The Presi dent appointed the following gentlemen: E. A. Nisbet, chairman ; Robert Toombs, H. Vr Johnson, F. S. Bartow, H. L. Benning, W. M. Brown, G. D. Rice, T. H. Trippe, T. R. R. Cobb, A. H. Kenan, A. H. Stephens, Jas. WUliarason, D. P. Hill, B. H. HiU, E. W. Chastain, A. H. Colquitt, Aug. Reese. Iramediately after the appointraent of the committee a raessage was received frora Governor Brown in response to a resolution calling on him for any information THE GEORGIA SECESSION ORDINANCE. 155 in his possession that would facilitate the action of the body, furnish ing the ordinance of Georgia ratifying the Constitution of the United States, and also a copy of resolutions of the New York legislature ten dering aid to the President to uphold the Union. The committee reported the following Ordinance of Secession: "AN ORDINANCE " To dissolve the Union bet-ween the State of Georgia and other States united with her under a compact of Governraent entitled, ' The Constitution of the United States of Araerica.' " Il'^e the people of the State of Georgia, in Convention assembled, do declare and ordain, and it is hereby declared and ordained ; " That the ordinance adopted by the people of the State of Georgia in Convention on the second day of January, in the year of our Lord 1788, whereby the Constitution of the United States of America was assented to, ratified and adopted ; and also all acts and parts of- acts of the General Assembly of this State ratifying and adopting amendraents of the said Constitution, are hereby repealed, rescinded and abrogated. "We do further declare and ordain, That the union now subsisting between the State . of Georgia and other States, under the narae of the United States of Araerica, is hereby dissolved, and that the State of Georgia is in the full possession and e.xercise of all those rights of sovereignty, whi(?li belong and appertain to a free and independent State.'' On raotion of Mr. Toorabs the ordinance was twice read. Ben. Hill moved, as a substitute for the ordinance, the preamble and resolutions that had been offered by ex-Gov. H. V. Johnson. On this motion the vote stood 133 yeas to 164 nays, a slight gain in the anti-secession vote, though the motion was lost. Mr. Nisbet then moved the passage of the ordinance, and the vote stood 208 yeas to 89 nays, showing that 44 of the anti-secession members voted for the ordinance under the idea that its passage was a foregone conclusion and further opposition was useless, while it was necessary to give all the raoral force possible to the act. Ben. H. Hill voted on this ballot for secession^ _ But . EL. V.. Johnson, the Stephens iirothers. Gem Wofford and Hiram Warner sjill voted against it. The announcement of the President, Mr. Crawford, that it was his pleasure and privilege to declare that the State of Georgia was free, sovereign and independent, was followed by an applause that was tempered by the gravity of thoughtful men over a step of serious and unknown import. The hour of the passage of this raoraentous ordinance was two o'clock P. M., the 19th day of January, 1861. The Atlanta Intelligencer a year after, recaUing the event, thus described it: - " There was an exultant shout, and men breathed freer and looked nobler, and felt more like freemen who had burst the shackles that had enslaved thera for years. From the hall of the House of Representatives the momentous event soon reached the vast and excited multitude outside, who had crowded to Milledgeville, most of them with the 156 PROTEST AGAINST SECESSION. patriotic intent to urge upon the convention Georgia's right and duty to secede. The people shouted, the bells were rung, the cannon roared, the city was illuminated, and great was the rejoicing." Mr. Nisbet offered this resolution, which was adopted: " Whereas, the lack of unanimity in the action of this convention, in the passage of the Ordinance of Secession, indicates a difference of opinion amongst the merabers of the convention, not so much as to the rights which Georgia claims, or the wrongs of which she complains, as to the remedy and its application before a resort to other means of redress : " And whereas, it is desirable to give expression to that intention which really exists among all members of this convention to sustain tlie State in the course of action which _sji»-has pronounced to be proper for the occasion. Therefore : "Resolved, That raerabers of this Convention, including those who voted against the said ordinance, as well as those who voted for it, will sign the same as a pledge ot the unanimous determination of this Convention to sustain and defend the State in this her chosen reraedy, with all its responsibilities and consequences, without regard to individual approval or disapproval of its adoption.'' ¦ At twelve o'clock on Monday, the 21st day of January, 1861, the ordinance of secession was signed in presence of the. Governor and State House officers, Judges, and a throng of spectators, and the great seal of State attached. The delegates all signed the ordinance, but six of them did so under protest, which is as follows: " We, the undersigned, delegates to the Convention of the State of Georgia, now in session, while we most solemnly protest against the action of the majority in adopting an ordinance for the immediate and separate secession of this State, and would have preferred the policy of cooperation with our southern sister states, yet as good citizens, -we yield to the will of a majority of her people as expressed by their representatives, aud we hereby pledge ' our lives, our fortunes and our sacred honor ' to the defense of Georgia, if necessary, against hostile invasion frgm any source whatsoever. "James P. Simmons, of Gaiacett. ° ^ . - ^ (- Thos. M. McRae, of Mojitgomety. ; ' I F. H. Latimer, of MQntgQrner}\ . Davis Wiielciiel, of HalL_ ' P. M. BvED, of Hall^ ' James Sijimons, of Cjckens. __ "Milledgeville, Ga., January 22, 1861." This decisive act of Georgia settled the revolution. Whatever doubts had existed as to the policy or purpose of the South as to secession were dissipated. The spirit of the Georgia convention, so riven as it was by a conflict of opinion as to disunion, and yet so conciliatory and harmonious in the final action, confirmed the effect of its e.xaraple abroad. Committed to secession after a stubborn conflict and close division, the State was compactly welded in its cordial support of the adopted THE ELECTRICAL EFFECT OP GEORGIA'S SECESSION. 157 poUcy. The ship was given to the lightning and the gale against the wishes of a powerful minority of her crew, but when the venture was made, every man leaped to his post for the storm, devoted, loyal, intrepid and invincible. The news of the action at Milledgeville was flashed over the wires, carrying the inflammable intelligence. It stirred the State to delirium. Ratification meetings wexe held every where. Guns were fired and orators spoke their burning words. The die was cast for war, and the chivalric spirit of a brave people gave back a unanimous and deep-souled response. In the sister states of the South the effect was electrical. That solid, staunch old Georgia should throw her splendid autonomy into the current of secession created a boundless enthusiasm, and the secession crusade became irresistible. Looking at the motives that animated the people of Georgia in this most serious step, one must admit that they were pure, conscientious and chivalric. They believed they were risking life, property and honor for Uberty and self-government — for a violated constitution, whose prin ciples incarnated the genius of republican institutions. It was eternally to their honor that they staked so rauch for their convictions of right. That they failed in their cherished cause detracts nothing frora their heroic devotion and sacrifice to truth. That they should have been used by Providence in the execution of a huraanitarian reform Jb.ut..iajnsecj:ates their heroism. PART II. The Bloody Harvest of War. •CHAPTER XVIII. THE PRINCELY PROSPERITY GEORGIA STAKED ON THE WAR. Gov. Brown's Promptness. — The Seizure of the Augusta Arsenal. — Captain Elzey. — Col. Henry R. Jackson.— Col. Win. H. T. Walker.— Work ofthe Convention.— The Delegates to Montgomery. — Commissioners to Southern States. — Their Reports. — The Address of the Convention, written by Mr. Toombs. — A Summary of Georgia's Condition. — Striking Statistics. — Her Exceptional Attitude. — Sixty-two Millions Growth in a Single Year. — A Romance of State Expansion. — A Flood Tide of Progress. — Gov. Brown's Marvelous Administration. — Georgia's Largest Measure of Material Advancement under His Rule. — An Increase of 176 Millions in Brown's Four Years. — An Amazing Growth. — Georgia had Ennobled Peace. — She was to Hlumine War. From the date of Georgia's secession, events went forward swiftly. Gov. Brown with characteristic promptitude hastened to make practical the sovereignty of the State. The United States flag was still flying over the Augusta Arsenal. Captain Arnold Elzey was in charge of it, in coramand of eighty United States soldiers. During the located pub lic feeling before secession, the people were in great excitement over Federal occupation of the Arsenal. This excitement becarae alraost uncontroUable when the Federal flag continued to float over the Arsenal after secession, and it was the aU-absorbing theme of talk. Gov. Brown went promptly to Augusta, arriving there on the 22d of January, 1861. Colonel, afterwards Gen. Henry R. Jackson, accompanied the Governor as his aid. The foUowing coramunication was addressed to Captain Elzey: " Adgusta, Ga., Jan. 23, 1861. "Capt. Arnold Elzet, U. S. A., Commanding Augusta Arsenal: "Sir.—l am instructed by his Excellency, Gov. Brown, to say to you that Georgia, having seceded from the United States of America, and resumed exclusive sovereignty over her soil, it has becorae my duty to require you to withdraw the troops under your coraraand at the earliest practicable moment, from the liraits of this state. " He proposes to take possession of the Arsenal, and to receipt for all public property under your charge, which will hereafter be accounted for, on adjustment, between the State of Georgia and the United States of America. " He begs to refer you to the fact that the retention of foreign troops upon the soil of Georgia, after remonstrance, is, under the laws of nations, an act of hostility; and he 11 162 THE AUGUSTA ARSENAL. claims that the State is not only at peace, but anxious to cultivate the most amicable re lations with the United States Government. " I ara further instructed to say that an answer will be expected by to-morrow morn ing, at nine o'clock. " I am Sir, Very Respectfully, Your Obedient Servant, HENRY R. JACKSON. Aid de Camp, etc." Captain Elzey refused to give up the Arsenal, and telegraphed the situation to the authorities at Washington, receiving at one o'clock at night this reply: " Washington, Jan. 23, 1861. " Capt. Arnold, Second Artillery, Commanding Augusta Arsenal, Ga. ; " The Governor of Georgia has assumed against your post and the United States an attitude of war. His suraraons is harsh and peremptory. It is not expected that your defense should be desperate. If forced to surrender by violence or starvation, you will stipulate for honorable terms,. and a free passage by water with your company to New York. " T. HOLT, Secretary of War." During the day of the 23d the volunteers of the city were ordered out, and some 800 troops responded. The refusal of Captain Elzey to surrender created the exciting prospect of a battle, and hence every raan turned out that could raise a uniform and gun.- Troops came in from the country. The companies out were the Augusta Battalion, companies A and B of the Minute Men and the militia, all under the immediate command of Lt. Col. Cumming. Brig. Gen. Harris had general direc tion, aided by >Brig. Gen. Williams of Colurabus. Col. Wm. Phillips was on the Governor's staff. Gov. Brown determined to make no hostile deraonstration on the 23d, but to allow Ca.ptain Elzey a day for consideration. The troops were disraissed until the 24th, at nine o'clock, A. M., when they reasserabled and were just about to raarch for the Arsenal, when Capt. Elzey sent the following comraunication, which caused a countermanding of the order to march. " Head Quarters Augusta Arsenal, ) Georgia, Jan. 24, 1861. ( " Sir, — I have the honor to inform you that I am directed by Captain Elzey, coraraand ing this post, to say, iu reply to the demand of the Governor of the St.ate of Georgia, made through you yesterday, requiring him to withdraw his command beyond the limits of the State : he begs to request an interview with his Excellency, the Governor, for the purpose of negotiating honorable terras of surrender at as early an hour this morning as practicable. " I have the honor to be, very respectfully. Your Obedient Servant, J. C. JONES, " To Col. H. R. Jackson, Aid de Camp." Lieut. 2d Art. Adg. LAEGE CAPTUEE OF VALUABLE ORDNANCE. 163 At ten o'clock Gov. Brown, with Generals Williams and Harris, and his staff. Col. H. R. Jackson, Col. Wm. Phillips, Lt. Col. M. C. Fulton, Lt. Col. C. V. Walker, and Lt. Col. -Henry Cleveland rode to the Arse nal, where the terms of surrender were agreed upon. 1. The United States" flag was to be lowered and saluted. 2. The company to march out with mUitary honors. 3. A receipt to be given for the property with a view to future ad justment. •1. The company to retain its arras and property, to stay in its quar ters until withdrawal from the State, and to have passage to New York by Savannah. The State obtained a large quantity of valuable ordnance and munitions, among them a fine battery of two twelve-pound howitz ers, two cannons, twenty-two thousand muskets and rifles, many of them of the best kind, and heavy stores of powder, grape and other am- raunition. After the arrangeraents were corapleted, a cordial exchange of friendly courtesies was had. Col. Wm. Henry Walker crossed the room and heartily shook hands with Capt. Elzey, assuring him that he had done all that a brave officer could. A silent embrace was Capt. Elzey's reply, and the incident filled with tears the eyes of those who wit nessed the touching incident between these two old army friends, sud denly placed in hostile relations to each other. The two were at West Point together. Col. Walker was afterwards made a Major General in the Confederate army. He was the possessor of a courage that bor dered upon the desperate. He was peculiarly unfortunate, having been frightfully wounded on three separate occasions in his service before the war, once being literally shot to pieces. He was finally killed in the battles around Atlanta. The garrison was called out and the four field pieces used in firing the salute. Thirty-three guns were fired, one for each star on the old flag, Georgia included. The flag descended from the staff between the thirty-second ahd thirty-third fire. All of the officers of the com pany, and some of those with the Governor had seen active service under it. Col. Jackson through the Mexican war. As the flag fell frora the staff, a deep feeling of pain and regret was entertained. Refreshments were ordered by Capt. Elzey, and a number of toasts were pledged, several of them deserving preservation. Col. Jackson offered this feeUng and memorable sentiment : " The flag of stars and stripes, raay it never be disgraced, while it floats over a true Southern patriot." This toast was warraly appreciated by the officers of the 164 DELEGATES TO 3I0NTG0MEEY. Federal company, who were Southern officers. Governor Brown, while not drinking wine, proposed a toast to Cajjtain Elzey, in which he paid that officer a merited and generous compliment. Gov. Brown returned immediately to Milledgeville. At three o'clock Gen. Harris, with twelve of the Washington Artillery, and a squad of the Oglethorpe Infantry, i^roceeded to the. Arsenal and took possession. At half past four the representative flag of Georgia was formally raised, a pure white banner with a large red five-pointed star in the center, the symbol and the emblem of the state's supreme sovereignty. Salutes were fired with two cannon belonging to the Washington ArtiUery ; one gun for the sovereignty of Georgia ; five guris for the seceded states; and fifteen for the prospective Southern Confederacy. In com menting upon Gov. Brown's judicious execution of this duty, the Augusta Constitutioncdist complimented him upon the fact that he used every effort to preserve peace between the State and the United States, and it used these words: " Our State may weU be proud of her Governor." It was apprehended at one time that bloodshed would ensue; but the prompt and overwhelming demonstration of force, giving time for a calm knowledge of the situation, resulted in the peaceable surrender of the post with its incalculably valuable stores for the great conflict so soon at hand. This episode added to the enthu siasm of the hour, and stimulated the war feeling. Captain Elzey afterwards became a General officer in the Confederate array. The work of the State Convention proceeded rapidly. Ordinances were passed in quick succession, perfecting the details of sovereign rule, in regard to citizenship, the courts, inter-state slave trade, postal arrangements, and other raatters. Delegates were elected to the South ern Convention to raeet at Montgomery on the 4:th of February, 1861. These were: State at Lfirge. — Robert Toombs and Howell Cobb. 1st District, Francis S. Bartow; 2nd District, Martin J. Crawford ; 3d District, Eugenius A. Nisbet; 4th District, Benjamin H. HUl; 5th Dis trict, Augustus R, Wright; 6th District, Thomas R. R. Cobb; 7th Dis trict, Augustus H. Kenan; 8th District, Alexander H. Stephens. This was a very strong delegation. Some complaint was raade by th.g_extreme secession press at the selection of B. H. HUl, A. H. IsTenan ?iJ^^ ^-^^ .^'^k-h^3 - S'"^ .^¦.cpo.UQl of Jheirn£t_ haying been seoesaomsts. The Convention selected also Commissioners to send to Southern sEaTes that had not seceded. The persons chosen vvere: For Virginia, H. L. Benning of Muscogee.. EEPOETS OF SOUTHERN COMMISSIONERS. 165 For Maryland, A. R. Wright of Richmond. For Kentucky, H. R. Jackson of Chatham. For Tennessee, H. P. BeU of Forsyth. For Missouri, L. J. Glenn of Fulton. For Arkansas, D. P. Hill of Harris. For Delaware, D. C. Carapbell of Baldwin. For North Carolina, Saml. Hall of Macon. Col. Henry R. Jackson declined to serve, and Dr. W. C. Daniel! was appointed in his stead. W. J. Vason had been previously chosen as Commissioner to Louisiana, and J. W. A. Sanford, Commissioner to Texas. Reports of their mission to these states were made by Campbell, Sanford, W^right, Hall, DanieU, Vason and Bell. Col. D. P. Hill, the Commissioner to Arkansas, proceeded to that state and remained three months at work, and did not return until Arkansas seceded, at which tirae the Georgia Convention had adjourned, and his report was never made. He labored faithfully, however, canvassing the state of Arkansas from one end to the other. Col. L. J. Glenn went to Missouri, but had a difficult tirae, meeting with rauch trouble in his raission. The reports of the Commissioners constitute a very interesting series of papers, and are embodied in the Journal of the Convention. Col. CampbeU found in Delaware a Legislature hostile to secession, and hence limited his work to a brief letter to Gov. Burton, who transmitted it to the Gen eral Assembly without comments. Col. Campbell predicted that when Virginia and Maryland seceded, Delaware would do so. Ranse Wright, the Commissioner to Maryland, found Gov. Hicks of that state uncom promisingly opposed to secession, and if a disruption was made he favored a Central Confederacy, including New York, Pennsylvania, New .lersey, Delaware, Virginia, Missouri and Ohio, and was then in correspondence with the Governors of those states upon the subject.- An unofficial convention of secessionists was in session in Maryland, but adjourned until some time in March. Col. Wright thought the people of Maryland would take the matter in their own hands and join the South. The letter of Col. Wright to Gov. Hicks was a very elo- ' quent and able presentation of the issues involved. The report of Samuel Hall, the Commissioner to North Carolina, rep resented a most cordial reception from the Governor, the legislature and citizens of that state. He addressed the legislature in a speech of elaboration and power, that concluded with an eloquent anticipation of the future glory of a Southern Confederacy. His mission was a success 166 SECESSION ADDRESS' TO THE PEOPLE. in this, that the legislature submitted the question to the people whether a convention should be called. Dr. Daniel! was able to do nothing in Kentucky. Wra. J. Vason, the Commissioner to Louisiana, addressed the legislature of that state, but found the state up to the neck in secession. Col. H. P. BeU, the Commissioner to Tennessee, found the people against secession, but Governor Harris was confident they would come to it in time. Col. Luther J. Glenn went to Missouri and faithfuUy executed his mission. He had a troublesome time, but over came the difficulties manfully. The Convention continued in session untU the 29th of January, 1861, when it adjourned to meet in Savannah. A number of important mat ters were ordained, among them, the reduction of the Senate of the state to a body of forty-four members, as it has been ever since and is now'. The Congressional Districts were increased from nine to ten. The Governor was authorized to raise two regiments of troops for state defense. The address of the Convention upon the Ordinance of Secession as reported by Mr. Nisbet, chairraan of the coramittee of seventeen, was written by Mr. Toombs, and was a masterly review of the causes that induced Georgia to secede. It is a clear, concise,- ringing stateraent of the issue, pithy, concentrated and forcible. . Arraigning the RepubU can party for its crusade against slavery, the great question of slavery is the burden of the paper. The address concludes in these sinewy sentences. The people of Georgia " Know the value of parchment rights in treacherous hands, and therefore they refuse to commit their own to the rulers whom the North offer us. 'WTiy ¦? Because by their declared principles and policy they have outlawed three thousand miUions of our pro perty in the coramon territories of the Union, put it under the ban of the Republic in the states where it exists, .and out of the protection of Federal law every-where ; because thev give sanctuary to thieves and incendiaries who assail it to the whole extent of their power, in spite of their most solemn obligations and covenants ; because their avowed purpose is to subvert our society, and subject us, not only to the loss of our property, but the destruction of ourselves, our wives and our children, and the desolation of our homes, our altars aud our firesides. To avoid these evils, we resume the powers which our fathers delegated to the Government of the United States, and henceforth will seek new safeguards for our liberty, equality, security and tranquillity." A summary of the condition of Georgia in the year 1860, the year before the g;;eat civil war, will not be out of place for the purpose of practically presenting the stupendous changes wrought by the revolu tion. The statistics are striking ones, and demonstrate how sturdily this powerful Southern State adhered to the Confederate cause in that Georgia's exteaoedinaet peogress in i860. 167 most gigantic strife of the world's history, and to what extent she de voted her raen and means to what she espoused. It is a matter of well- grounded doubt if any State in the Union displayed greater heroism. And while she thus practically did her duty in sending her sons and giving her resources to the cause, she held a singular and exceptional attitude in firmly antagonizing every measure of the Confederate gov ernment that she thought an encroachment upon constitutional law and liberty. Her record in this particular is romantic and impressive in the extrerae. She fought to the last sorae of the most pronounced measures of the Confederate government, arguing and protesting against their policy, and yet in every case giving the substantial aid called for under such measures. Araid the direst necessities of the conflict she sought to preserve the principles of a constitutional governraent. She gave raen and money whenever called for, raore than called for. She prided herself upon the promptitude with which she obeyed every requisition for soldiers. But she made a decided stand for the Constitution when ever she thought Confederate legislation invaded its principles or ira- perUed its integrity, and when the final history of the war comes to be ¦written, several of her conflicts of argument with the Confederate gov ernment, conducted by her stern-souled Executive, will stand as historic constitutional land-marks. As will be seen hereafter, she was destined to be the theater of controUing gigantic operations for a long period, culminating in that faraous " Sherman's raarch to the Sea," which quartered the Ul-fated Confederacy and proved the most destructive blow the Southern cause received. The statistics are taken from the report of the ComptroUer General of the State, Col. Peterson Thweatt, an officer who instituted the splen did system, and has been noted for his accuracy and industry. The Q^rrrrv^aiatP wpa.lt.h nf Georgia in 18.60 was 1672,323,777. Some idea of the extraordinary progress Georgia was making at that period in mate rial prosperity, may be understood from the fact that the gain of the state for 1860 over the year 1859, was the wonderful sum of $62,732,901. Could there be a raore striking exaraple of growth ? Over sixty raUUons in a single year. The fact reads like a roraance. It sug gests the sudden expansion of the golden Eldorados of the West. Georgia was raarching forward with a giant stride. No wonder that she had won spontaneously the noble distinction of the _" Empire State of the South." It was an honor due to her magical advancement, and her imperial resources. 'fliajietailaaiJiec.aggregute^weaM jh^ largest sino-le eleraent of wealth to be her_slayes, 450,033 in nuraber. 168 GEORGIA IN 1860. and worth $302,694^55.^,. _.Her . land that paid ta.y was ...S3,34fl,289 ajEcgSjjKflEth.. $101,764,955. City property stood valued at $35,139,415; raoney and solvent debts, $107,336,258; merchandise, $15,577,193; man- nfactoriesj $4,034,252 ; other unmentioned property, $42,427,295. Her polls were 99,748, which added to the voters not subject to pol! tax, gave her fully 110,000 voters.. Of free persons of color there were only 1,225. There were 25 banks doing business in the State with a capital of .§17,000,000, of wliich they emploved $"9.028.Q7A Savannah had nine of these banks using $5, 101.,33.I.,^_t. capital,, and. Aaigiisla._six^^th $2,675, 00CL,£a£ita].'. The 'State indebtedness was the^ small_ .sum of $2,670,750, ajid .the assets^consisted of the Western and-Atlaatic-Eail- rM^ which had cost $4,441,532, and which paid into the treasury 8450,000 in 1860, or over ten per cent, interest upon cost, and other property worth $807,025. The rate of taxation was then 6 1-2 cents on the $100, making a revenue of $400,000. The income of the state was not only adequate for the yearly expenses of every description, but even at the low rate of taxation, was furnishing ,a surplus fund for redeem ing a large amount of bonds not due, anticipating the maturity of in debtedness. The prosperity of the State was something amazing. She was rushing forward with an accelerating sweep. It was a very flood tide of weal for a grand and expanding empire. The j)opulation was__l,023,801, of which the, white part was ,5,7 6, '^9, an^_tks_il£llfltcfid 447,082. But in looking at the superb condition of Georgia in that eventful year of 1860, so remarkable for its luxuriant prosperity as yell as for the inception of a strife that dashed the proud State into the very dregs of a woe and poverty as absolute and boundless as her forraer stately fortune, it is an act of justice to credit to the adrainistration of Gov ernor Brown its agency in this achievement of progress, whose detaUs we have given. The statistics wUl show the striking fact that, frora the beginning of the state government to the present time, with a record of some very brUliant periods of chief magistracy. Gov. Brown's regime of four years, from November 1857, to October 1860, gave to Georgia the largest measure of material growth she has ever had. This is vast praise, but it is due. These four years of Joseph E. Brown's executive management stand out the one unequaled and infinitely superior epoch of state progress. Like a towering pyramid amid an unbroken stretch of ordinary structures, this historical period of culmi nating power and splendor under the derided slave-ocracy of the South, geoegia's e.xpansion in foue yeaes. 169 is a grand monument to the administrative genius of our- Governor frora Gaddistown, the common-sense outcorae and exponent of the Woolhat raasses. In 1856 the state's property was $495,516,224, and in 1860, $672,322,- 777, and the stupendous and unparalleled increase in four years, $176,- 811,553. The first year the increase was 33 millions, the second year 11 millions, the third 70 millions, and the 4th 62 millions, making the amazing total of 176 millions in 48 months. It would be declared an incredible thing as a prospective achievement. It stands a consum mated historic fact, proven by solemn official records, whose correctness has never been disputed. But let us look into the details of this un precedented enlargement of wealth and power. Giving their proper tredit to development and to an iraproved and more rigid return of prop erty, the undeniable reality exists that in these magical four years the state grew with the expanding power of a giant under the positive brainful rule of Gov. Brown. Slave property had . increased- 33.298 in numbers and $92,260,221 in value; land had ...enhanced.. ^SftyOMiEL^ ' "^^^^ property had grown $8,957,798; merchandise had extended in commercial bulk, $6,360,105; and money and good debts had swelled the huge amount of $30,260,042. These are surprising figures, and create greater surprise, when it is remembered that Gov. Brown began his official rule at a time of bank suspension and commercial distress, in which he had formulated a policy of his own in contravention of the views of capitalists and trade kings — a policy looking alone to popular interest and the welfare of the masses. Not only this, but he boldly, resisted a legislative doctoring of the finan cial evils that was in syrapathy with the wishes of the financial mon archs, who were alone supposed to possess the ability to give relief. It was a daring attitude that he assumed, involving the restriction of bank privilege and the curbing of the money power. He was threatened with an " lUiad of Woes " for the state as the logical sequence of his theory, and it took a boundless degree of personal nerve to stand to his views in the face of such menace and prophecy of disaster. The result wa^ out of aU probability. A scheme of law, that while giving tlie broadest proper latitude to the transaction of bank capital which engineered com merce, at the same time restrained with an iron hand those illicit specu lations that abused popular confidence and led to widespread financial distrust and ruin, was the very one to preserve the state from, monetary trouble, and was the ideal of Gov. Brown, for which he fought and was savagely berated. That the state grew so marvelously and presented 170 GEOEGIA IN PEACE AND "WAE. such a deyelopment so rapidly after coraraercial depression, enhances the prestige of Gov. Brown's administration. It must ever be a subject of profound regret that the unprecedented progress of Georgia was checked in thp very hour of its increasing sweep. Looking back to the condition of Georgia in 1860, it would seem that Providence was making her and her people objects of especial favor. She was leading the South in substantial advancement. She was foreraost in the national councils. She had a prodigal affluence of eloquence and statesmanship araong her citizens, giving her power and fame. She had a future of imraeasurable possibilities. It was in the line of her supremacy that she was so potential in precipitating the revo lution. Her sublime energies from this culmination of her princely prosperity were to be henceforth directed to the mad destruction of war instead of the arts and airas of peace, in which she had made such incredible strides. The transition but illustrated her native greatness. Her genius had ennobled peace; it illurained war; and the very wreck that she left of her proud and peerless prosperity attested her courage, chivalry and patriotism. CHAPTER XIX. THE RAPE OF THE GUNS. Gov. Brown's Audacious Reprisal upon New York. — The New York Authorities Seize sorae Georgia Guns. — Gov. Brown deraands Them of Gov. Morgan. — No Answer. — The Seizure of New York Ships at Savannah by Heury R. Jackson. — Tart Cor respondence between Governors Brown and Morgan. — The Guns Ordered Released. — The Ships Released. — The Guns Retained. — The Ships Re-Seized. — Spicy Press Comment."— Action of New York Legislature — Federal Congress and Confederate Congress — The Theme of National Discussion. — Gov. Brown's Pluck. — The Ships ordered Sold. — The Guns Released. — Justice Torn from Unwilling Hands. — The Confederate Congress Rasped Brown. — The Augusta Constitutionalist. — Brown for Confederate President. — Georgia Holds PubKc Attention. We corae now to an occurrence that gave basis to the raost dramatic episode connected with Georgia's war record, a bold reprisal upon the State of New York, and which brought Gov. Brown to the attention of the people of the whole Union in a manner that raade him for the time the most marked raan of the day. It established his character perraa nently for resolute audacity and intrepid will. It added a flattering prestige to the State abroad, and fixed Gov. Brown, if possible, more firmly than ever in the popular esteera as the undeniable leader for the turbulent war tiraes upon which we had fallen. The firm of D. C. Hodgkins & Sons of Macon, had purchased two hundred guns in New York, and had tliem shipped on the steamer Monticello for Savannah. There were thirty-eight boxes of rauskets altogether in the shipment, the balance over the two hundred, belonging- it was said, to the State • of Alabama. The New York police seized these guns on the 22nd of January, 1861, without any lawful authority, and placed them in the State arsenal. Hodgkins & Sons were notified of the seizure and immediately sought Gov. Brown, furnishing him proof of their ownership. The Governor first satisfied himself as to the justice of Hodgkins' claim, and then began a correspondence which grew to be very tart before it was finished, and involved a conflict between the Governors of New York and Georgia, the two " Empire States," that excited a deep interest, created a varied comraentary over the whole country and resulted in a complete victory for Gov. Brown. 172 GOV. BEOWN AND GOV. MORGAN. On Saturday, the 2nd of February, 1861, Gov. Brown sent the following dispatch to Gov. Morgan of New York in regard to the- raatter. "Executive Department, Milledgeville, Ga., Feb. 2, 1861. .1 His Excellency Gov. Morgan, Albany, N. Y. ; " Sir, — I have before me satisfactory evidence that two hundred muskets belonging to D. C. Hodgkins & Sons, citizens of this State, were placed on board the ship MonticeDo, at New York for Savannah, and were seized by the police of that city on or about the 22ud of January last, and taken from the ship and are now detained in the State arsenal iu the city. As Governor of Georgia I hereby demand that the guns be iraraediately deUvered to G. B. Laraar of New York, who is hereby appointed my agent to receive them. I trust no similar outrage may be perpetrated in future. " You will oblige by communicating your decision immediately by telegraph. " Very respectfully, your obedient servant, "JOSEPH E. BROWN." It perhaps will serve to show the temper of those days that the ordi nary ceremonious etiquette between the chief magistrates of two great Stateswas wholly waived, and the controversy at the beginning assuraed the hard tone of the prevailing spirit of sectional bitterness. Polite phrases were dispensed with at once. Gov. Brown waited until Mon day, the 4th of February, 1861, to hear from Gov. Morgan, but receiving no reply, he telegraphed the operator at Albany to learn if the dispatch had been delivered to Gov. Morgan. The reply was that it had. Upon this. Gov. Brown, with that decisiveness that he was wont to display under such, as well as all circumstances, issued the foUowing order to Col. Henry R. Jackson, his aid de camp in Savannah : "Executive Departmest, ') Milledgeville, Ga., Feb. Sth, 1861. > Half-past 9, P. M. ) " I have demanded of the Governor of New York, tbe prorapt delivery to my agent for D. C. Hodgkins & Sons, citizens of this State, of their guns, seized by the police of New York, on board the Mofnticello, and deposited in the arsenal of that state. The deraand has been delivered to him. He has had a reasonable tirae and has raade no reply. I ara determined to protect the persons and property of the citizens of this state against all such lawless violence, at all hazards. " In doing so, I will, if necessary, raeet force by force. I feel it my dnty in this case to order reprisal. You will therefore direct Col. Lawton to order out sufficient military force, and seize and hold, subject to my order, every ship now in the harbor of Savan nah, belonging to citizens of New York. When the .property of which our citizens have been robbed is returned to thera, tlien the ships will be delivered to the citizens of New York who own them. " JOSEPH E. BROWN. " Col. H. R. Jackson, Aid de Carap, Savannah, Georgia." After the issuance of this order to Col. Jackson, Gov. Brown received SEIZURE OP NEW YORK VESSELS. 173 a dispatch frora Gov. Morgan acknowledging the receipt of the first dispatch, alleging that certain arras had been detained in New York, but saying " its grave character and unofficial form forbid him from tak ing action in regard to it without better authenticated information." Gov. Morgan's dispatch concluded by saying that a response was given to enable Gov. Brown if the first dispatch was " veritable " to com municate his wishes by letter. The reply of Gov. Morgan was unfortu nate in several respects, especially in connection with the prompt methods and unyielding temper of Gov. Brown. Such a dispatch to verify the authenticity of the first one could have been sent immedi ately. The delay indicated, what was afterwards shown, a disposition to trick in the matter. Gov. Brown was neither insensible to the dis courtesy of silence, nor wiUing to lose his chances of redress by delay or subterfuge. The terms of the reply excited his suspicioh of Gov. Morgan's fair dealing. Wary and resolved, he permitted Col. Jackson to proceed in making the seizure of vessels, so as to be upon perfectly equal terms with Gov. Morgan. A less firra or vigilant person would have acted on Gov. Morgan's evasive telegrara, which probably was inspired by inforraation of the order of reprisal. On the 8th, Col. Jackson seized the following vessels: the brig Kirby; bark. Adjuster; brig. Golden Lead; schooner, JuUa, and bark, Golden Murray. Col. Lawton effected the seizure. Detachraents of the Phoenix Rifleraen under Captain George Gordon were placed in charge of the ships, with instructions not to molest crew or cargo. On the 8th, the same day. Gov. Brown wrote fully to Gov. Morgan detailing the whole matter. After a recapitulation of the facts. Gov. Brown thus continued and concluded this plain-spoken letter. "I am unable to perceive what reason you had to doubt that ray dispatch was verita-- ble. It was dated at the Executive Department and signed here by me. You also ob ject to it on account of its unofficial form. It is not only dated at this Departraent, but I expressly state that I make the demand as Governor of Georgia. I am not aware of the additional language which your Excellency would consider requisite to give to a deraand of this character official form ! " A lengthy official correspondence in this case is neither invited or desired. The out rage was a public one. Citizens of this state have been robbed of their property in your state by officers under your control. As the Executive of Georgia, I have demanded its re-delivery to its owners. My demand when met, has been met evasively, by raising a technical objection to its form, which has no foundation in fact, as a siraple reference to the demand itself will show. The case is one, therefore, which requires action, not lengthy diplomacy. I have the honor therefore to notify your Excellency of the seizure of the vessels above mentioned under my order, and that I shall hold thera until justice be done the injured citizens of this state, above naraed, by re-delivery of the 174 THE PRESS ON THE SEIZURE. guns to them or to G. B. Lamar of New York, whom I have appointed my agent to receive them. If the property seized as reprisal belongs to citizens of New York, who are friendly to the cause of justice and truth, and the equal rights of the people of the Southern states, I shall regret the inconvenience to which they may be exposed. " I cannot forget, however, that my first duty is to protect the citizens of this State against the lawless violence of the officers or citizens of other states. If, in so doing, incidental injury should be done to orderly and law-abiding citizens of such offending state, for just and full indemnity they must look to their own governraent, which has brought the injury upon them. " I trust your Excellency may have no difficulty in arriving at the conclusion that this communication is ' official ' and ' veritable.' " At the hour of nine o'clock P. M., on the 9th of February, the day after his letter was written to Gov. Morgan, and before it was received. Gov. Brown received this telegram : "New York, Feb. 9, 1861. " The arms have been put at the comraand of the owners here : please release all vessels. " G. B. LAMAR." Upon receipt of this dispatch Gov. Brown telegraphed to Col. Jackson : "I have just received a telegrara from G. B. Lamar, my agent in New York, stating that the arms have been put at the commands of the owners. The object for which the seizure was made having been accoraplished, and the rights of the citizens of this State having been vindicated, you wiU order vessels seized to be immediately released." Gov. Brown also replied by telegram to G. B. Lamar that he had ordered the release of the vessels. But the matter was not to end here. The subject was very fully discussed, and especially the law of reprisals. The Governor's authority to resort to this arbitrary remedy was clearly shown by quotation from Vattel's " Law of Nations." The Savannah Repnd)lican took issue on the matter with the Governor, and condemned his course as hasty, and endorsing Gov. Morgan's action in requiring the dispatch to be authenticated. Public sentiment in the State was, how ever, almost unanimously in favor of Governor Brown's action, and there was much tart commentary on the Savannah Republican. Out of the State the Governor was highly commended. The Charleston Courier said he was " the man for his place and for the times." The Richraond Despatch said there was a " broad grin over everybody's face at the lightning-like rapidity with which the New York police let go the guns." The New York Herald dubbed Gov. Morgan's act as " the climax of absurdity, folly and political iniquity," and further declared that: " Gov. Brown will flnd an abundant justification of the act he has ordered in the responsibilities of his position, and in the necessity of indemnifying private citizens, who are his constituents, for an unwarrantable robbery committed by our police, for which they could obtain no other redress. It is the very nearest thing to a ci\ll war. NEW YORK LEGISLATURE AND CONGRESS. 175 but let the blame rest where it belongs, upon the Republican Executive of New York, whose atrocious usurpation of powers that do not belong to him, has led to such a sad result." The New York Herald of the 8th contained a paragraph that Gov. Morgan assuraed that the arms were intended to be used against the Federal government, and felt bound by his official oath to interfere. And such was, undoubtedly, his motive, and he was sustained by the RepubUcan press of the North. Mr. Toombs telegraphed frora MiUedge vUle to Fernando Wood, mayor of New York city, asking about the seizure, and saying, that a reply was important ta us and to New York. Mayor Wood replied, that the seizure had been raade, but that the city of New York should in no way be held responsible for the outrage. As mayor he had no authority over the police. If he had the power, he said, he would summarily punish the authors of the illegal and unjusti fiable seizure of private property. A dispatch was also sent to Crom weU & Co., agents in New York of the steamer Monticello, from parties in Savannah, stating that the seizure of the arms had created excite ment, and asking if they could not get the arms back, as retaliation was feared. The matter stirred so much public interest, that it was made the subject of a resolution in the New York Legislature, requiring the metropoUtan police coraraissioners to report to the House by what authority, if any, they ordered the seizure and detention of the arms. The resolution, however, was voted down. Henry C. Wayne, Adjutant- General of Georgia, addressed a brief comraunication to the New York Herald, correcting the erroneous stateraent, that the State of Georgia had purchased the arms. Early after the seizure, the law firm of Munn & Parsons of New York, representing W. H. D. Callender, cashier of the State Bank of Hartford, Conn., demanded of Mr. Kennedy, superintendent of the police, the arras. Kennedy referred the raatter to his counsel, and finally peremp- torUy refused the demand, and a writ of replevin was served upon him, when he placed the arms in the custody of Sheriff Kelly. The agents of the seized ships were in constant telegraphic communication with their owners in New York. Mr. G. B. Lamar was notified of Gov. Brown's purpose to seize the ships, and was preparing a dispatch advis ing against the course when he received information of the seizure. In Washington, Congress took up the matter, Hon. John Cochrane of New York offering a resolution directing the Secretary of the Treasury to inform the House, whether he had any official information on the subject, and he further gave notice of his purpose to call up and press 176 SECOND SEIZURE OF VESSELS. to a passage a bill previously introduced, providing for the protection of the commercial interests of the nation against flagitious attacks upon them by the seceded states. The matter, it will be seen, was for the tirae the theme of national discussion, as well 'as of home interest. It was even raolding national legislation. But in spite of promises it was unsettled, and it was des tined to test still further Gov. Brown's pluck and persistence, and evoke Confederate legislation against Gov. Brown's course, which was as powerless as all the other agencies at work to stop the resolute Executive in his protection of Georgia citizens and Georgia rights. Mr. Lamar was informed that the guns were at the command of their owners and, as has been stated, so notifled Gov. Brown, who ordered the release of the ships. Mr. Laraar waited upon Mr. Kennedy, and to his surprise was informed that he had changed his mind and would not deliver up the arms to any person except the sheriff, until compelled to do so by law, and would also make further seizures of " contraband articles." The New York Herald announced the delivery of the arms, but the New York Tribune denied that they had been given up, prob ably acting on partisan information. In this state of things Governor Brown met the new issue as squarely as he had the old one. He instantly ordered another seizure of vessels. There appears to be well-grounded doubt for implicating Gov. Morgan in the treachery that was used, and the retention of the arms after their delivery had been agreed upon. In fact he denied to a Herald reporter that he had ever ordered any seizure at all of the arras, and expressed the opinion that the whole thing had originated in a late charge of Judge SraaUey to the grand jury. And a letter was published alleged to have been written by him to Punch and Meincke in New York city, owners of the bark "Adjuster," at the first seizure, advising them to go into the courts for their rights, giving the opinion that the retalia tion was unjustifiable, and that if idemnity could no where else be obtained, the Federal governraent itself would in a last resort be liable. The Herald was disposed to place the responsibility either upon Super intendent Kennedy or the police commissioners, to whom he owed his appointment. Gov. Brown's second order of seizure to Col. Henry R. Jackson was issued on February 21st, 1861. His letter of instructions was quite full, going with considerable detaU into the occurrence. In this he stated that Mr. John Boston, the coUector of the port of Savannah, had received word that the guns had been delivered up. He also RELEASE OF THE SHIP ADJUSTER. 177 referred to Gov. Morgan's silence on the subject. It was clearly evident that it was the settled policy of the New York authorities to subject Southern commerce to a dishonorable surveillance, and to seize our property and plunder our citizens at their pleasure. He added these strong and manly words: " Under these circumstances I feel that I, as the Executive of Georgia, would prove recreant to the high trust reposed in me by my fellow-citizens, were I to refu.se to pro tect their rights against such unprovoked aggression, by all the means which the law of nations, or the constitution and laws of this state have placed at my command. It therefore becomes my duty again to direct you to call out such railitary force as may be necessary for that purpose, and to renew the reprisals by the seizure, as soon as practi cable, of vessels in the harbor of Savannah, or other property in the city, or elsewhere within your reach, belonging to the state, or to citizens of New York, at least equal in value to double the araount of the original seizures made by you. You will hold the property so seized, subject to my order ; and it will be released when the guns iu ques tion (together with any other property of our citizens which has been or may in the meantime be unlawfully seized by the authorities of New York) are actually shipped from the harbor, and are beyond the reach or control of the police of the city of New York or the authorities of that state." In response to this order Col. Jackson seized three ships, the Martha J. Ward, the bark Adjuster and the brig Julia A. Hallock. Gov. Brown then wrote on the 25th of February, 1861, to Gov. E. D. Morgan, noti fying him of the new seizure, and concluding with this information of the additional steps he should take: " Should I faQ to receive official information from your Excellency, prior to the 25th I March next, that the guns above mentioned have been delivered to their rightful owners, I or to G. B. Lamar, my agent, and that he has been permitted to ship them from the \ Port of New York to Savannah, I shall ou that day, cause the vessels above named, to be sold in the City of Savannah, to the highest bidder, and ont of the proceeds of the sale I shall indemnify the injured citizens of this state against the loss sustained by them ou account of the unjust and illegal seizure and detention of their property by the authorities of New York. That you may not fail to receive tliis notice, it will be sent to you at Albany, in duplicate, by different mails." Of the three vessels last seized the bark Adjuster was freighted with a cargo of cotton belonging to British and Russian subjects. Proof of this was furnished to Col. Jackson and by him forwarded to Gov. Brown, who at the intercession of the representatives of the British and Russian governments, permitted the bark to be released and pro ceed to sea instead of compelling thera to unload and seek another ship. This was done to cultivate friendly relations with foreign powers and throw no obstructions in the way of foreign coramerce. This release of the bark Adjuster was made on the 28th of February, 1861. On the 2nd of March, 1861, executive order was issued to Col. Jackson to adver- 12 178 THE CONFEDEEATE CONGEE.SS CONDEilNS GOV. BEOWN. tise the two remaining ships for sale on the 25th of March for cash. The advertisement of the sale was published, and would have been car ried out, but on the 18th of March, G. B. Lamar telegraphed that the ten cases of arms had been delivered and were on their way to Savannah. Discerning that they were powerless against Governor Brown's sum mary and unalterable methods, the New York authorities wisely gave in and released the guns. The Governor, on the 22nd of March, upon entirely satisfactory prpof of the release of the guns, concluded this novel altercation by ordering Col. Jackson to release the vessels. The order ended with these characteristic words: " It is to be hoped that the annoyance and losses to private interests occasioned by the lawless, unprecedented and wholly unjustifiaUe conduct of the New York authori ties, and the ultimate vindication of the right by the steps I have been constrained to take, will prevent tlie recurrence of any like complication in the future." The Provisional Government of the Confederate States had been pCtfganized on the 9th of February, 1860, and the Provisional Congress \was in session in Montgomery. This Congress condemned the action pf Governor Brown in seizing these vessels, on the ground that it was (wrong in Gov. Brown to take such independent State action, as this was the province of the Confederate government. It is needless to sav that the censure weighed not a feather in the estimation of the intrepid and independent Executive of Georgia, whose action was based upon a careful and deliberate investigation of his authority, and under a sense of duty as to, the protection he owed the citizens of Georgia. Nor did it swerve him one hairs-breadth from his course. It was a specimen of his practical and direct ways that he went straight to results. "\^'hile the Confederate states' authorities with the raultiplicity of great matters upon them, would have necessarily treated this as a minor affair, and pursued it leisurely and with ceremonious diplomacy, sending special envoys and using elaborate manifestoes, Gov. Brown took the short path to success, and wasting time upon no formalities or circumlocution, he raade his peremptory demand, and when it was refused, enforced it with an iron-handed retaliation that asked no favors and granted none, but tore justice from unwilling authority. The matter was pending from the 22d day of January to the 22d day of March, 1861, just two months, and engrossed as the public mind was with the secession of states, the disintegration of the Union, and the formation of a new government, this striking controversy between the two leading states of the hostile sections, involving sacred rights and testing strong remedies, held the popular thought and even evoked the COMPLIMENT TO GOVEENOE BEOWN. 179 official consideration 6f both national governments. Sorae idea can be formed of how Gov. Brown's conduct in the affair irapressed raen from a lengthy editorial in ^Ir. Gardner's paper, the Augusta Constitutionalist. This editorial began by saying that the distinguished gentleman who occupied the Executive chair of Georgia had made sundry marks upon the records of the present, that tirae will not readily erase, and which the pen of the historian of those days will not forget to copy. It re viewed sorae of his leading acts of rule. Among other things it showed how, when events were crowding upon each other's heels, and while the Federal administration was arausing South Carolina with erapty pledges and really occupyingthe irapregnable walls of Sumter, Governor Brown, without the firing of a gun, displaced the Stars and Stripes, wherever they floated on Georgia soil. It took up the last act of the Governor in his daring reprisal upon New York. It referred to the charge that had been made, that Gov. Brown had, in this, made a political raove for the Presidency of the Southern Confederate States. It showed that even the New York Herald, the leading journal of the Western world, had in an able discussion of the matter, shown that the policy of reprisals had been conceived and urged upon the legislature of Georgia, by Gov. Brown, in his famous special raessage on the crisis, and that he was act ing in conformity with a settled policy. This editorial was remarkable in its unqualified tribute to Gov. Brown's statesmanship, as coming from a paper owned by a defeated rival for the governorship and which had persistently fought him. It declared that Georgia was indebted to South CaroUna for this superb Governor, and it used this culrainating language : " He may reasonably expect anything, for from the poor boy pf Pickens, South Caro lina, he becarae a Georgia lawyer of good reputation, the Judge of the Superior Court of the Blue Ridge Circuit, then Governor of Georgia ; Governor again by the largest majority ever give»in the State ; and as a distinguished Congressman once remarked to us, ' We raight as well send him to the Senate, and nominate him for President, for he is bovmd to go through, and that will be the quickest way to get rid of him.' " CHAPTER XX. THE BIRTH OF THE CONFEDERACY AND THE SHADOW OF WAR. Georgia Congressmen Withdraw. — Joshua Hill Resigns. — Southern Convention.— Howell Cobb its President.— Georgia Leading. — Toombs and Tom Cobb govern ing spirits.— Jeff Davis, President, A. H. Stephens, Yice-President. — Martin J. Crawford, Commissioner to the United States. — His Mission Ending in a Haughty Defiance. — Brown's Vigorous Wkr Preparations. — The Leap to Arms. — Georgia War Appointments. — Davis Speaijs through Georgia. — The First Confederate Flag in Georgia. — Capt. G. W. Lee.^-The Secession Convention in Savannah. — George W. Crawford's Exquisite Speech. — The Spirit of the South. — Fighting Providence. — Troops Organized. — Guns Ordered. — The Seizure of the Dahlonega Mint — Old Harrison Riley. — Gov. Brown's Admirable Tact in Dealing with the North Georgia IJnion Sentiment. — The United States Flag in Pickens County. On the 23d day of January, 1861, all of the Georgia Representatives in Congress, except Hon. Joshua Hill, withdrew frora the body in a letter addressed to Hon. William Pennington, Speaker of the House. The letter recited the fact of Georgia's secession, quoting the ordinance and concluded thus: " The sovereign State of Georgia, of which we are representatives in this House, having thereby dissolved the political connection between that State and the Government of the United States, and having thereby repealed the ordinance of 1788, by which the Constitution of the United States was ratified, and having resumed all the powers dele gated to the Federal Government, we hereby announce to you that we are no longer members of the House of representatives of the United States Congress. Martin J. Crawford, Peter E. Love, Thomas J. Hardeman, Jr., Lucius J. Gartrell, John W. H. Underwood, James Jackson, John Jones." Hon. Joshua Hill did not withdraw, but resigned in the following brief letter to Mr. Pennington, dated the 23d of January, 1861, also. " Sir, — Satisfied as I am, that a majority of the convention of the people of Georgia, now sitting, desire that the State should no longer be Represented upon this floor, I iu obedience to this wish of the people's representatives, hereby resign the seat I hold as a ^^Tircmber of this House.'' ll I Mr. Hill, upon the seizure of Fort Pulaski by Gov. Brown, had made |aspeech in opposition to this action of the Governor. This speech was made in Congress, and on the 24th of January a large number of citi zens of Geneva, Talbot county, assembled and hung jNIr. Hill in effigy V ^ ,^9^^£i.^— X*.-''^''SZS^'^-«ost deterrained opposition to the Conscript Ljw oamg,.from. this,gtate. And the controversies that ensued-.bfit.weBiL Go.v- Brown and Mr, Davis .and his Secretary of War were raatters of intense and universal Southem intere.st, and , tha,-. a.n±a.ccaMsm ,.EftSHlf.ii!fpri.....bftaa.mp ag„^tter_ as Jt_.wa.§ historic. There is a curious and interesting incident connected with this act of conscription. The Act awakened a general and lively interest and provoked a warra public discussion. The people were prepared for it before it carae. Every effort was raade to harmonize popular sentiment Upon it that it raight go off well. Araong the special friends of Mr. pavis was Col. Augustus H. Kenan, one of our Georgia Confederate congressraen, representing the district in which Milledgeville lies. He Was well known over the State, of imperious force of character, a large, jiandsorae, imposing person, rather haughty and aristocratic, but possess ing ability and honor. He was known to be a friend of Gov. Brown, p.nd was probably for this reason selected for the raission of which we are speaking. It was known that Gov. Brown was not favorable to the Conscript Act. Col. Kenan carae to Georgia, and seeking an inter view with Gov. Brown, he tried in a long and earnest talk to recon cile him to the support of conscription, or at least, to induce him to make no opposition. The conversation became very animated, and at times stormy. Both were positive men, both combative, both unyield ing, both of a dominating temper. Col. Kenan plied every argument and persuasion to the placid but determined anti-conscriptionist, but in vain. Gov. Brown would not yield to logic or entreaty. He was firm and imraovable. In the course of the interview. Col. Kenan intiraated to Gov. Brown that a place in the Cabinet of Mr. Davis would be at his comraand if matters went harmoniously. But Gov. Brown would not yield his place as Governor of the great State of Georgia for any 234 THE FIEST LETTEE OP GOV. BEOWN ON CONSCEIPTION. Cabinet office. The mission was unsuccessful, and towards the close, the interview became very warm, both gentleraen getting eraphatic and somewhat plain spoken. And they parted in spirited disagreement, and under considerable display of feeling against each other; but in their next raeeting, having cooled, their temporary misunderstanding was laid aside and they resuraed their wonted friendliness of intercourse, based upon a hearty respect and reciprocal regard. The first iraportant correspondence was between Gov. Brown and Mr. Davis, and was on the constitutionality of the Conscript Act, and was conducted with great ability and dignity on both sides. It was a raodel of statesraanlike controversy, lofty, courteous, argumentative and pow erful. Both showed themselves masters of the subject — each present ing his side with striking force. The first letter of Governor Brown was dated April 22, 1862, and notified Mr. Davis of his receiving a copy of the Conscription Act and of his turiiing over the state forces in compliance therewith to the Confederate comraand. He went on to state that Georgia had seceded from the Union because the Federal government had disregarded the rights of the states. He contended that the Conscription Act puts it in the power of the Confederate Executive to disorganize all state troops and destroy Georgia's state government by disbanding her law-making power. Iinder the Con script Act everv officer of the state governments, the state eraploves, the mechanifjg, .lailroad, operatives and state military officials^ etc., can be forced into the Confederate seryice. It was unconstitutional for the Confederate Executive to have such power. He argued that the act was in conflict with the Constitution, which reserves to the states the right to appoint the officers of and train the jnilitia. He declined to have anything to do with the enrollment of conscripts, leaving the execution of the conscript law to the Confederate authorities, reserv ing any test of the constitutionality of the act for consideration when it may less seriously embarrass the Co;ifederacy in the prosecution of the war. He desired to know what exemptions would be made. Mr. Davis replied briefly on the 28th of April, 1862, inclosing copies of various acts exempting certain classes from military service. The wager of battle was thrown down in the following condensed utter ance: "The constitutionality of the act you refer to as the 'conscrip tion-bill,' is clearly not derivable from the power to call out the militia, but from that to raise arraies." Governor Brown's second letter, dated May 9, 1862, started out with the assurances that while as an individual or Executive he proposed to LETTERS OF GOV. BEOWN AND ME. DAVIS. 235 give Mr. Davis all aid possible in the war, he did not propose to commit the state to a policy subversive of her sovereignty and at war with the principles for which Georgia entered the revolution. The Conscription Act could not aid in gefting more arms, but raore raen, and as raore" men could be enlisted than could be arraed, the act was not necessary. As to the constitutional point he argued that all the grants of power given by the Constitution to Congress must be construed together and be subject to that paragraph which reserves to the states the right to appoint officers. The grant to raise armies refers to regular arraies, and not those coraposed of the whole railitia of all the states; and if under such grant all of the railitia of the states could be used by Congress, with the power of appointraent of officers, then the constitutional pro vision securing the states the reserved rights over militia was a nullity. The debate on the Federal Constitution shows how sacredly this right of the states was regarded and preserved. This letter wound up with this strong paragraph: " Should you at any tirae need additional troops from Georgia to fill up her just quota iu proportion to the number furnished by the other states, you have ouly to call on the Executive for the number required, to be organized and officered as the Constitution directs, aud your call will, as it has ever done, raeet a prompt response from her noble and patriotic people, who, while they will watch with a jealous eye, even in the midst of revolution, every atterapt to undermine their constitutional rights, will never be conteut to be behind the foremost in the discharge of their whole duty." Mr. Davis wrote his second letter on the 29th of May, 1862. His Cabinet, Attorney General and a raajority of Congress believe the con scription constitutional. The power of Congress to raise arraies under the Constitution was broad and unqualified. It could raise armies without Umitation as to method or material, and to any extent neces sary. The necessity in this case was urgent, to prevent the disbandhient of twelve-months' troops whose times were out. The militia of a state are only militia when called out and organized, and are not the citizens taken singly. The power of Congress to call out state militia is differ ent frora the power to raise arraies. The grant of exclusive power to raise arraies is not restricted by a grant of divided power over mUitia. They are two distinct subjects. The armies and the militia are necessa rily raised out of the sarae material. The power to enlist raust be co-extensive with the exigencies of the occasion, and the extent of the exigency must be determined by Congress. The exis.t.e.nce^ of the Con- federacy beings threatened by. .jast arraies, the, Congress had in its. power calTedJor, not mUitia, but men to compose armies. Mr. Davis 236 PEESIDENT DAVIS COMPLIMENTS GEOEGIA. wound up his letter with these sentences, the first remarkable in the light of the final result: "At some future day, after our independence shall have been established, it is no improbable supposition that our present enemy may be tempted to abuse his naval power by depredation on our commerce, aud that we may be compelled to assert our rights by offensive war. How is it to be carried on? Of what is the army to be composed? If this government cannot call «n its arms-bearing population otherwise than as militia, and if the militia can only be called forth to repel invasion, we should be utterly helpless to vindicate our honor or protect our rights. War has been well styled ' the terrible liti gation of nations.' Have we so formed our government that in this litigation we may never be plaintiff ? Surely this cannot have been the intention of the framers of our compact. " In conclusion, I take great pleasure in recognizing that the history of the past year affords the amplest justification for your assertion that if the question had been whether the conscription law was necessar}' to raise men in Georgia, the answer must have been in the negative. Your noble State has promptly responded to every call that it has been my duty to make on her ; and to you personally, as her Executive, I acknowledge my indebtedness for the prompt, .cordial and effective cooperation you have afforded me in the effort to defend our common country against the common enemy." Gov. Brown's third letter was dated June 21, 1862. It expresses the conviction with great diffidence that Mr. Davis has failed to sustain the constitutionality of the Conscription Act. He calls attention to the omission of Mr. Davis to answer that part of his argument which established that the conteraporaneous construction of the Federal Con stitution nor the earlier practice of the Federal Governraent sustained the constitutionality of conscription. This letter is a very lengthy and exhaustive one. He takes Mr. Davis to task for assuming such a strong Federalist position, as that Congress is the judge of its own powers. He says that he had for ydars regarded Mr. Davis as one of the ablest and boldest defenders of the States' Rights school. Gov. Brown quotes liberally from the utterances of Madison and Calhoun and from the Virginia resolutions. He foUows the exercise of the power claimed for Congress to its full extent, alleging it would make Congress supreme over the states, placing the very existence of the State governments subject to the will of Congress. It can compel the Governors of States, --Judges of State courts. State mUitia officers to go into service as privates \ in the Confederate armies, and thus practically disband the State govern- l^jnents whenever Congress shall judge that it is necessary. The very exemption acts of Congress are assertions of the unconstitutional and dangerous power that Congress clairaed and that Gov. Brown opposed. Gov. Brown argued at very considerable length the sound policy of allowing the State troops to organize theraselves and choose their own THE CONSCRIPTION CORRESPONDENCE CONCLUDED. 237 officers. The right to select tjigir^own ofiicers wa§. one dearly cherished by the troops, andjthey did better service when allowed the privileo-e. The volunteers clung to the right tenaciously. The Conscription Act embraced so large a proportion of the railitia officers in Geoxgia, that .it ^would_ah.soliitftly_disband Jhfe organized railitia left at home, _and leave the- woraen and children helpless against_ neg;ro Jnsurrectio.nj Gov. Brown wound up with these very kind -woxds : " If I have used strong language in any part of this letter, I beg you to attribute it only to my zeal in the advocacy of principles and a cause which I consider no less than the cause of constitutional liberty, imperiled by the erroneous views and practice of those placed upon the watch tower as its constant guardians. " In conclusion, I beg to a.ssure you that I f ully^ppreciate your expressions of personal kindness, and reciprocate thora in my feelings toward you to the fullest extent. I knew the vast responsibilities resting upon you, and would never willingly add unnecessarily to their weight, or in any way embarrass you in the discharge of your important duties. While I cannot agree with you in opinion upon the grave question under discussion, I beg you to command me at all times when I can do you a personal service, or when I can, without a violation of the constitutional obligations resting upon me, do any service to the great cause iu which we are so vitally interested." The third letter of Mr. Davis, dated 7uly 10, 1862, disclairaed any sentiraent that " Congress is the final judge of the constitutionality of a contested power." He adds that "the right of each state to judge in the last resort whether its reserved powers had been usurped by the general government is too faraUiar and well-settled a principle to admit of discussion." Mr. Davis concludes thus: " As I cannot see, however, after the most respectful consideration of all that yon have said, anything to change my conviction that Congress has exercised only a plainly- granted specific power iu raising its armies by conscription, I cannot share the alarm and concern about state rights which you so evidently feel, but which to me seem quite unfounded." July 22, 1862, Gov. Brown wrote his fourth letter, which concluded this raeraorable correspondence between the President of the Confed eracy and the Governor of the leading Southern state upon the most important act of Confederate legislation. In this letter Gov. Brown struck Mr. Davis a center stroke and turned his own fire upon him. He insisted that in all regiments organized in the State,_aiid turned over as organized bodies to the Confederate goyernment, they sh.palpicm : " The country, the People are with Gov. Brown in sentiment. We hear it on steamboats, in cars, in hotels, in private and public circles." Said the Charleston Mercury : " Our sjan- pathies are in unison with the whole course of Governor Brown's argu ment." Said the Petersburg Express : " The Governor of Georgia is devoted heart and soul to the cause of the South." Said the Memphis Ap2)eal: "Such action by the Sovereign States is at this time needed to prevent usurpation, centralization of power, and preserve intact the personal liberty guaranteed to us." These extracts, taken at random from the mass of contemporaneous expression of opinion out of the State, will give an idea of Gov- ?3rnor Brown's prominence in the South, and how he loomed above the whole file of Southern Governors in that aniraated day. His influence went out beyond state bounds* He was the acknowledged leader and exponent of the large element of citizens in his way of thinking. In the State the Aiajority of the press was against him, as curiously enough it has been during the greater portion of Gov. Brown's long and successful public career. But he received from a powerful minority . of the State press • some striking commendation upon his message. GOVERNOR brown's WAE MESSAGE. 271 The Columbus Su?i, Augusta Chronicle, Atlanta Intelligencer, Atlanta Confederacy, and M.iil&dg&yi\le.. Union aU endorsed the Governor in, gtrong terms. The message covers forty-five pages of the journals of the General Asserably, and a perusal of its burning sentences and unanswerable arguments will explain the profound sensation it created over the South. The message recomraended some additional war measures, and then entered into a fervid, powerful disc-Cission of two great subjects. One was the Da,s.sa.ge by the Confe(lera.tje Congress of, anjgnlarged. con- scription act, enrplUng citizena-Erom 1^ to 50 years^^of^ age, _and.-Qf_an j£t_ suspendingjhe. w.rit oLfMiieas^corjjjis. The other subject was the principle involved in the war, and the conduct of the struggle by the North. These two vital and gigantic public themes were treated with a vigor and exhaustiveness, with an ability and energy, that could not be surpassed, and the overmastering docuraent fell upon the public mind with treraendous effect. Sorae parts of this stern, dorainant paper are magnificent expressions of sentiment and thought clothed in lofty language. There pervades the whole document a sublimated spirit, born of the extraordinary times, and as exalted as the majestic subjects discussed. There was a high and sustained power in it that showed a wonderful ability wrought up to a sublime exercise of its strength. The seemingly extravagant encomiums of the press out of the state given before will demonstrate how able minds regarded this remarkable state paper. Ij:. was aiii.on£.ealojyic^aj_prote_st_ against- cen tralized despotism.iB..infin4 and,foe,„, anda mfi,sterfn],plf;a,„f,or±b.a sanctity of our cause. Looking at the message, with its ability proportioned to the subject, and this is saying much, it was a rare exhibition of discernment and courage, a profound and philosophical discussion of the principles of constitutional liberty and a bold, timely admonition of statesmanship. An Alabama paper voiced the public estiraate in these strong words: "It is a majestic pyramid of impregnable facts, built with the skill of a scholar and a logician — a pyramid whose base is as broad as the sovereignty of the states, with' an apex as lofty as the ambition of all lovers of constitutional freedora. It is an epitome of the war in its vital aspects, and luminous with a grasp of practical statesmanship adequate to the salvation of the Confederacy, provided its admonitions and teachings find a lodgraent in the popular raind at the South." Perhaps the most valuable personal tribute to this message was the one paid by Gen. Toombs, who wrote to Gov. Brown a characteristic and lengthy letter, presenting some additional arguments in its sup- 272 LINTON Stephens' geeat speech. port. In this letter he tendered Gov. Brown his " sincere thanks for the ability, firmness and success with which you have supported the cause of personal liberty." And he went on with these strong words: "Araong your many and well-merited claims upon the confidence and gratitude of the people of Georgia and of the whole Confederacy for your great, valuable and unwearied services iu the cause of Southern liberty, none rank higher or endure longer than this noble defense of the most valuable of all human rights." The message also elicited some very harsh and opposing criticism, and there was a warm diversity of opinion upon the policy of question ing the acts of the Confederate authorities in the desperate pressure of the confiict. Sorae very hard naraes were applied to Gov. Brown, " dis- organizer," " madman," " marplot," etc. Hon. Linton Stephens intro duced' resolutions enforcing Gov. Brown's views. The debate was able and earnest. Outside gentleraen raade speeches at night. Jloffigll Cobb, A. H. Kenan and .Hon.^Xii. Q- .C. Lamar _ of ^ Mississippi made strongj_eloqugnL_addresses^ in support of tli_e Acts of the Confederate administration. Alexander. H. Stephens delivered a lengthyand ,^l^b- orate speech upon the Une of Gov. Brown's messag^e. Linton Stephens raade perhaps the strongest speech on the subject — an enunciation of great power and intensity, in which he uttered with nervous fire the memorable and ringing expression, " I am foe the cause and not foe DYNASTIES ! " The Augusta Chronicle is responsible for the statement that the lobby of the Legislature was filled with prorainent adrainistra tion officials opposing Gov. Brown's policy. The resolutions passed by a raajority of three in the House and eight in the Senate. Tliey .£A,J_- 1 lEN. .lAl-zTF S B. M? PH KRS 0 N . GOVEENOE brown's BEOTHEE KILLED. 283 done by Hood's noble men. But Sherman was too strong and too game. Hood withdrew frora his fatally earned inches of progress with two pitiful guns and the loss double the eneray, whose hard fighting was shown in a suraraary of 3,722 casualties. In this battle Gen. W. H. T. Walker was killed and Gen. Mercer wounded. Among the desper ately hurt was Lieut. Col. John M. Brown, a brother of Gov. Brown, who was wounded while leading his regiment, one of the State organi zations, gallantly in a charge. He was twenty-five years old. He had been wounded at the battle of Resaca while holding the rank of Major. He returned to his command before his wound was healed, and was unani- raously elected Lieut. Colonel. He took part in the Kennesaw battle. He was coraraanding the regiment on the 22nd. He was a very prom ising officer, and beloved by his regiment. This was the second brother that Gov. Brown lost in the service. Col. Brown died from his wound at the executive mansion on the 25th of July, 1864. While standing by the bedside of his dying brother. Gov. Brown was called upon to provide means for the defense of Milledgeville threatened by a raid, and it seemed doubtful if he would be permitted to bury his brother in peace. Sherman's cavalry were very active. Garrard broke sorae bridges near Covington on the Georgia road. Rousseau tore up the West Point road at Opelika. Stoneraan with 5,000 troopers and McCook with 4,000 went out to meet on the Macon road and rip up matters. Both cora mands were surrounded. McCook escaped, but Stoneman surrendered to a force consisting of Iverson's Georgia brigade, Adams' Alabaraa brigade and Williaras' brigade, under coraraand of Brig. Gen. Alfred Iverson. Stoneman had attacked Macon but had been repulsed by a part of Gov. Brown's militia under Gen. Cobb, both Gov.' Brown and Gen. Cobb being on the field, and acting under suggestion of Gen. Jos. E. Johnston, who was present supervising the engageraent. Over 600 Federals were captured. The grateful citizens of Macon proposed a dinner to Iverson and his coramand, but the command was ordered away. before the purpose could be carried out. The fighting around Atlanta up to this time had been done on the South-east. Sherman moved his forces over on the west side, and Hood followed hira up. On the 28th of July, 1864, Hood made another of his daring onslaughts upon Sherman with the same unsuccessful and bloody result, a loss of three or four of his own men to one of the enemy. The losses of Hood in killed and wounded, not including the captured, up to July the 31st, frora the night of the 18th, or thirteen 284 THE BOMBAEDMENT OF ATLANTA. days, w^re 8,841, or only 609 less than Johnston had lost in seventy-four days' continuous battle, in which Johnston had whipped every conflict and Hood lost every one he had fought. On the 5th of August Schofleld struck Hood's line, but was driven back with a loss of 400 raen. This was the sole Confederate success won by Hood, and it illustrated the wisdom of Johnston's strategy. A division of Federal cavalry made an attack upon Macon, but were repulsed by Maj. Gen. Howell Cobb with two regiments of militia and several other coraraands. Sherraan constantly bombarded Atlanta, throwing his shot and shell into the heart of the city. The private residences were daily struck. The dwelling of Judge C. H. Strong, the present clerk of the superior court, the stores of Beech & Root and W. F. Herring on Whitehall street, the residences of E. B. Walker and A. M. Wallace on Ivy street, and hundreds of others, were damaged. People burrowed in their cellars for protection; basement stories were at a decided premium; and holes in railroad cuts were utilized in the cause of personal safety. The campaign was rapidly culminating. Sherraan finding that direct assault was unavailing, and that Hood had learned by. costly experience the lesson that Johnston had so astutely understood at the start, that he must economize his army, again resorted to his old strategy. In the meantime Gov. Brown, appreciating the emergency, was reinforcing the State militia. He used every means to get raen to the front. Sorae foreigners were dodging military duty. He issued an order dri-ving aliens from the State unless they would do service. He ordered out the county officers. He infringed pretty nearly upon the cradle and the grave. His energy was unbounded. And the raw State railitia did noble duty. Gen. Johnston on the 7th of July wrote to Gov. Brown complimenting the Georgia State troops. After the battle of the 22nd of July Gen. Hood wrote Gov. Brown that they had fought with great gallantry. The field officers were as follows: First Brigade, Brigadier General R. W. CarsweU. First Regiment, Colonel E. H. Pottle. Second Regiment, Colonel C. D. Anderson. Fifth Regiment, Colonel S. S. Stafford. First Battalion, Lieutenant Colonel McCay. Second Brigade, Brigadier General P. J. Phillips. Third Regiment, Colonel Jno. M. Hill. Fourth Regiment, Colonel R. McMillan. Sixth Regiment, Colonel J. W. Burney. Independent ArtiUery Battalion, Colonel C. W. Stj^les. ATLANTA LOST BY THE CONFEDEEATES. 285 The Staff was as follows: Major General, Gustavus W. Sraith. Inspector General, General Robert Toombs. Adjutant General, Major W. K. De Graffenseid. Chief of Artillery and Ordnance, Colonel Joseph S. Claghorn. Chief Quartermaster, Colonel L. H. O. Martin. Chief Commissary, Major W. J. Williford. Medical Director, Dr. H. R. Casey. Division Surgeon, Dr. Thoraas A. Rains. Aid-de-Carap, Colonel Linton Stephens. Gen. Sherman struck out on the 25th of August, 1864, for his final raischief in the raatter of securing Atlanta. Gen. Hood perpetrated another of his irreparable blunders, that Gen. Johnston so unerringly avoided. He sent off Wheeler's cavalry to cut the State road. Sherman leaped to the opportunity. He dashed down on the West Point railroad and tore up twelve continuous miles. He then raade for the Macon raUroad, threatening it for eleven railes frora Rough and Ready to Jones boro. Hardee and S. D. Lee were at Jonesboro, and made a rushing onslaught upon the Federal force on the 31st of August, 1864, but retired, finally with a heavy punishment upon both sides. The next day, the 1st of September, Lee having been withdrawn by Hood the night before, Sherman attacked Hardee's attenuated line late in the afternoon. The fight was a frightful one, and Hardee's dauntless corps, fighting overwhelming odds, covered itself all over with glory. But a break was raade at one point by the pure pressure of numbers. The line reforraed in the short distance of one hundred and fifty yards frora the break, and held until night. But the carapaign was ended. The road to Atlanta was in Sherraan's hands, and Hood raoved out of Atlanta araid the thunder of exploded magazines and the baleful light of burning military stores, fired to destroy them. In the silence of the night the reverbera tions of this ominous noise, the counterfeit of battle, and the gloomy glare of conflagrations at Atlanta, came down the twenty miles to cheer the slurabering Federal conquerors, and to sadden the weary, mutilated legions of Hardee, sullenly leaving the blood-stained streets of Jonesboro. The moral effect of the fall of Atlanta was simply imraeasurable. In Virginia, Lee had repulsed every assault, destroying innuraerable Fed erals, and manning his lines with a seemingly untouched capacity of resistance. Jubal Early, in the Valley, had won a startling success. The North was gloomy. A convention there clamored for peace. The peo ple grumbled savagely. An additional half a million of soldiers was 386 THE EFFECT OF THE FALL OF ATLANTA. drafted, and Lincoln squinted at peace negotiations. In this pervasive depression, the capture of Atlanta thriUed the -Union with its ringing spell. The Southern Heart was reached. Half of Georgia lay writhing in Sherman's iron grasp, and with it the Gate City, the Key to our Southern railroads, workshops, granaries, prisons, and arsenals. Stand ing midway between the cotton and grain belts the Federal commander, viewing the successful issue of his wonderful campaign, with its superb succession of battles and strategy, and the sorely wounded army of his foe, driven, shattered and bleeding frora its cherished and vital strong hold, sent back to the North such a note of encourageraent and triuraph as gave lasting inspiration to the Union cause. But if the taking of Atlanta so enthused and strengthened the North, it fell upon the South with a proportionately depressing effect. Men began to talk of peace. Some gentlemen wrote to Alec Stephens and HerscheU V. Johnson, the two strong Union men at the beginning of the war, for their views of the propriety of attempting a peace move ment. Both replied advising against it then. In the lull in operations following the fall of Atlanta, Gov. Brown furloughed the state raUitia for thirty days to go home and look after domestic matters and prepare for the next campaign. This militia force embraced men not included in the conscription law, the state officers and boys down to 16 years, and old men up to 55. Many of them had seen service and been discharged for disability. They were dubbed " Joe Brown's Pets." They were unable to stand much hardship, but as has been seen they had fought heroically, and performed service that was gratefully ac knowledged by both Generals Johnston and Hood, in the following letters: " Neak'Chattahoociiee, 7th July, 1864. " To His Excellency, .J. E. Brown, Governor : " I have the pleasure to inform you that the State Troops promise well, and have al ready done good service. While the army was near Marietta they were employed to support the cavalry on tlie extreme left, and occupied a position quite distinct from any other infantry of ours. According to all accounts, their conduct in the presence of the enemy was firm and creditable. Such Federal parties as approached the crossing places of the Chattahoochee guarded by them, have been driven back. These proofs of their value make me anxious that their number shall be increased. Is it possible ? You know that the distinguished officer at their head is competent to high command. " Most Respectfully, Your obedient servant, J. E. JOHNSTON." " Head-quakters, July 23d, 1864. " To His Excellency, Governor Brown : " The State Troops under Major Gen. Smith fought with great gallantry in the action of yesterday. J. B. HOOD, General." COEEESPONDENCE BETWEEN GOV. BEOWN AND ME. SEDDON. 287 The following is an extract from a letter from Major General G. W. Smith to Gov. Brown, relative to the fight of the 22d July, at Atlanta: " The Militia did themselves great credit outside of the trenches on Friday. They marched over the breastworks — advanced upon the entrenchmeuts of the enemy in fine order, took position within three hundred yards, and silenced the artillery by musketry fire through the embrasures. We had uo support on our right within a raile, none on our left within six hundred yards, and our troops on the left were driven back. " We held our position for several hours, and only withdrew after receiving iin order to that effect from General Hood, which onier was given because the troops upon our left had been repulsed. There was not a single straggler." These troops were the occasion of the last raeraorable controversy between Gov. Brown and the Confederate administration. Mr. Davis, through Mr. Seddon, made requisition upon Gov. Brown for these 10,000 railitia and such other force as he raight be able to raise; those in Gen. Hood's departraent to report tb him, and those outside to the command ant of South Carolina and Georgia. This requisition was dated August 30, 1864, and alleged the condition of the State subjected to formidable invasion as the basis for it. In the desperate stress of the Confederacy and the stern spirit that pervaded all classes in the consciousness of irapending disaster, the forms of politeness were ignored. The antagonism between these high officials had widened and become inore embittered. The correspondence is as fiery, incisive and biting as it was possible to be. It was war to the knife. The requisition of Mr. Seddon was received on the 12th of September, and Gov. Brown raade iramediate reply. He regretted that Mr. Davis was so late in discovering that Georgia was in such danger. The " forraidable invasion " began in May and was still going on. He scathed the railitary policy that had scattered forces instead of concen trating at the point of danger, that had withheld reinforcements until the damage was accomplished, and that had left in our rear a camp of 30,000 Federal prisoners. He scored the administration for not discov ering that these troops were already in the trenches fighting under Gen. Hood. As the call for them was unnecessary, he argued that Mr. Davis desired to get control of the whole of the reserve railitia, disband its organization and put his own officers over the troops. These coraraands had been gallantly fighting and many of them filled soldiers' graves. No other state had organized such a force not subject to conscription, and placed it in command of the Confederate general, and no such requisition was made upon the Governor of any state but Georgia. The requisition, too, was made in such a manner as to take the troops out of the trenches rather than putting them in, dividing the troops and 288 THE SECEETAEY OF WAE AND GOVERNOE BEOWN. sending a part of thera to Charleston. Gov. Brown refused to honor the requisition, but said that he should keep these troops at the front under comraand of the Confederate General as long as he staid in Georgia. Gov. Brown went on to suggest that Georgia had fifty regi raents in Virginia besides soldiers in every State. If her brave sons could return to fight for their own State, if they could not drive back the invader, they would perish in a last effort. October 8, 1864, Mr. Seddon replied. He began : " It requires for bearance in reply to raaintain the respect I would pay your station and observe the official propriety you have so transcended." The reason of the call was to get the full organization of railitia, impart unity and efficiency to the troops, and subsist and pay thera at Confederate expense. The President had the right to call such militia. This is the first case where the right had been questioned. In the war with Great Britain,. Massachusetts and Connecticut had raade some such point, but it was overruled, and the impression was created that these states were in collusion with the enemy. Mr. Seddon directly charged that Gov. Brown's prominent and influencing reasons sprung frora " a spirit of opposition to the governraent of the Confederate States and animosity to the chief magistrate whora the people of the Confederacy have honored by their choice and confldence." He said that Gov. Brown's resistance to conscription had irapaired the help given to Georgia; that his suspicions of Mr. Davis wanting to disband the militia to reorganize it with his own officers was chimerical; that he had formed nondescript organizations, scant in men and full of officers, affording scarcely a decent division of 4,000 men out of an alleged 16,000, and that Gov. Brown had, by the spirit of his past action and public expressions, caused our enemies to feel encouraged, and the patriotic citizens of the Confederacy to feel mortified. He closed with these biting words: " To the department it would be far more grateful, instead of being engaged in reminding of constitutional obligations and repelling unjust imputations, to be co-operat ing with your Excellency in a spirit of unity and confidence in the defense of your State and the overthrow of the invader." Gov. Brown, on November 14, 1864, repUed that he intended no personal disrespect in his letter. He was dealing with princijsles and proposed to do so frankly. He dissected the nature of the call made on him for boys and old men not subject to conscription or to serve in armies, and showed there was no analogy to the case of Massachusetts and Connecticut, who were called on for men liable to service. In the case of Georgia the call was for militia not subject to duty, or to Con- SOME SHARP SPARRING. 289 federate call, and not called for from any other State, but already in the field under the Confederate commander. Gov. Brown went on in this letter to answer the various points made against him; that his "nondescript" organizations were in exact conformity to the law; that his " scarcely decent division " of 4,000 men only embraced the territory between Atlanta and the Tennessee line, leaving the territory below with 12,000 men untouched; that any interruption with Con federate plans was imaginary; that he could scarcely have given more encouragement to the enemy than Mr. Davis did in his Macon speech when he informed the world that two-thirds of the Confederate soldiers were away from their posts, and . that his animosity to Mr. Davis was really his unwillingness to indorse the errors of the administration. His concluding sentence thus reads: " No railitary authority, State or Confederate, can be lawfully used for any other purpose than to uphold the civil authorities, and so much of it as the Constitution of my country has confided to my hands shall be used for that purpose, whether civil society, its constitution and laws shall be invaded from -without or within. Measured by your standard, this is doubtless disloyalty. Tested by raine, it is a high dutv to my country." Mr. Seddon answered on the 13th of December, 1804. His letter continues the sharp discourtesy, stating that if there had been any " want of faith or breach of duty " Gov. Brown was the " guilty party," alluding to what he called Gov. Brown's " garbled extracts " from the correspondence with the department, and speaking of his " wanton and reckless assaults " upon the Confederate administration. In his con cluding letter, dated January 6, 1865, Gov. Brown refers to the devasta tion of Georgia, and says that the only slight barrier to the foe was this very militia of boys and old men that he refused to turn over to Mr. Davis and permit a portion of thera to be sent to Charleston as required by Mr. Davis while they were in the trenches defending Atlanta. This correspondence reflected the temper of those stern days, and closed a series of constitutional conflicts that will gain interest with the passage of time. And they will become unceasingly famous in illustrat ing, to use the expressive language of Mr. Grady, that vivid user of words: "Brown, the pallid, forceful mountaineer, who held the helm through Georgia's bloodiest days, and went through a revolution as the foU of its President, standing for the sovereignty of the States against a centralized confederacy." It will not be inappropriate in this connection to quote from the journalistic correspondence of that day a portion of a letter written from Georgia to the Charleston South Carolinian by Mr. F. G. De Fon- 19 290 F. G. DE Fontaine's sketch of goveenoe brom'n. taine. He wrote over the name of " Personne," which he made famous then, and he was a rival of our own Georgia war correspondent. Col. P. W. Alexander, who under the initials " P. W. .A." achieved so rauch distinction for his war letters. De Fontaine was very brilliant and his letters were vivid and sparkling pictures. Here is his letter alluded to, and it portrays Gov. Brown: " Take a delicately constructed human form, robe it in a sumraer suit of black with that careless grace which so well becomes a Southern gentleman ; give it a light quick step and an easy motion wliich betokens at once the peacefulness of a lamb or the leap of a tiger ; let there rise from the recesses of a roughly turned shirt collar, a long mus cular neck, on -which there sets a handsomely shaped head — not too broad across the eyes, but long from front to rear, and high from ears to summit — a little too large for the body below, both as regards motive power and proportion ; surmount the whole with a not too quickly growing raass of iron gray hair, which is brushed well back from the temples, revealing a tall, expansive and expressive forehead, marked with lines of men tal toil; set under a brow indicative of the moral strength of the man, a pair of keen dark eyes, mild or piercing as his thoughts mivy chance to flow, whose variable color raay be' either gray, black or brown ; fasten in its proper place one of those solid looking noses by which Napoleon used to choose his thinking men ; close the catalogue of feat ures by the addition of a large Henry Clay style of mouth, with an under jaw that can work with the force and vehemence of a trip hammer, and lips so pliable, that like his eyes, they express every feeling, and you have the tout ensemble of the not ungraceful form and clean shaven face of a man whose name has gone the rounds of every house hold in the confederacy— His Excellency, Joseph E. Brown, Governor of Georgia. "An hour's convfersation has revealed liim to me .as one of the most remarkable men it has been my fortune to encounter during the war, not remarkable perhaps for high intellectual attainments — thougli probably he is not wanting in these— but remarkable in the possession of those .strong personal qualities which erainently fit hira for the posi tion he now occupies, as a leader of the people of his state, and au obstinate opponent of the policy of the general governraent. " If his manner is polite to a fault, and winning in its silent eloquence, his conversa tion is doubly attractive, as the outpouring of a nature evidently sincere, conscientious, and fully irabued with a sense of the grave responsibilities with which he has been in vested. His utterances are rapid, though frequently overtaking speech, and his gestures few, but forcible and nervous. Fastening his eyes on one who converses witli him, fa(t after fact, and statement after statement roll from his lips iu quick succession, until the whole arguraent clearly aud corapletely shaped stands before you like a picture. Then he becomes a ready listener, with great frankness, he combines a determination ththeir honor and patriotism and stated his orders. At length it seemed nothing could avert the attempted ravishment of this specie. A wounded officer seeraed to be the ringleader. Finally, as if by an inspiration, Maj. Moses- stepped up to this officer and addressed hira in these words: " Sir, your rank indicates that you are a gentleraan, and your wound testifies that you have been a gallant soldier. I appeal to you in the spirit of that honor that belongs to all- brave raen, to assist me in the discharge of this trust." The officer promptly responded tlje.t he would willingly aid in the raatter, and he went around among the threatening soldiers, quieting- thera. Maj. Moses was enabled to safely continue his trip, and delivered the bulUon to Gen. Molineux, stationed at Augusta, and did so upon his promise to feed the returning soldiers and see that the sick in the hos pitals were cared for. The bullion was weighed and turned out in excess fully $5,000. It was delivered by order of Gen. Molineux to one Adams, of Massachusetts, then acting as provost marshal of Augusta. Maj. Moses has since atterapted to learn whether this raoney ever reached the Federal treasury, and went in corapany with Maj. J. ¦ D. Waddell to Washington city, and delivered it to the Hon. Jerry 328 GOLD FOR GENERAL TOOMBS. Black, with the request that he would trace the "fund, but he has never heard the result of the investigaftion. Just after the departure of Gen. Breckenridge from Washington with a body of cavalry, a cavalry man rode back in a gallop and threw a bag of gold coin over the fence around Gen. Toombs' residence, and then rapidly rode away. No explanation was give;i of this liberal act, no instructions accompanied the money, and there was no clew ever obtained as to the motive or purpose of the soldier. The bag contained l>5,000 in gold currency. Gen. Toombs at the time was in great stress for money, and was borrowing gold for his contemplated flight out of the country, but he swore with a round oath he would not touch a dol lar of this money, so strangely and unexpectedly showered upon him. The bag was turned over to Capt. Abrahams, a Federal commissary, for the purchase of flour and other provisions for the returning Confed erate soldiers, and Maj. Moses states that his son aided in this disposition of the fund. Gen. Toombs was a princely flnancier and has always had a lordly scorn of unclean or illegitimate money. His escape and adven tures abroad were right romantic. After Mr. Davis and his party had all scattered out from Washington, and Gen. Toombs was about to get away, a FeiSeral soldier rang at the door. Gen. Toombs himself went to the door, and the soldier told him he was after Gen. Toombs and asked if he was at home. The General replied " Yes," and asked the soldier to wait while he informed the General. Going in and teUing Mrs. Toombs to delay the soldier as long as possible. Gen. Toombs Went out the back door, mounted a horse that he had ready back of his premises, in anticipation of just such a contingency as this, and took to the woods, raaking for the coast. Mrs. Toombs held the soldier on one pretext and another for nearly half an hour, carrying him from room to room, all locked and the keys lost. These raoraents enabled Gen. Toorabs to get away. • In England he was without a dollar in raoney; but a banking firm, for which he had done legal business before the war, learned of his being in that country and tendered him $100,000 for his use, which he declined, except several thousand dollars that he used for a friend. He was traveling on the train and met accidentally a nobleman whose acquaintance he had made in Washington, and this gentleman imrae diately consulted him professionally on a raatter connected with sorae Araerican securities, and for this legal opinion Gen. Toorabs received a fee of 15,000, which relieved his necessities. No raan in the Union has been a more successful maker of raoney than Gen. Toombs. -.^y^^^u^ j/Cy<^^ y,yZ',ifi>Y ^ 'x^v" /^ ^•^-^ .^'^ -i!^t!^ .,«5t-;j!c-.e_' The Last Oeder of the Confederate Goveenment, Given at Washington, WUkes County, Georgia, May 5, 1865. the last oedee of the confedeeate government. 329 We now come to the last official writing ever issued by the Confed erate administration. For four years it had conducted this unparalleled war, directing the raovements of a raillion of soldiers and disbursing $1,000,000,000. It had issued orders affecting the destinies of States, armies and a grand nation. It had witnessed the dissolution of its massive hopes, and here was the end of it all, the last official act of an agent of siich colossal duties. The paper is both intensely interesting and touchingly pathetic. It is as historic a curiosity as the world affords, this last flicker of a mararaoth revolution, this final order of a stupendous rebellion — this concluding authoritative act of the war of the semi-world. Such thoughts cluster around it as would raake a grand epic. It is a short document, written upon the Confederate made paper that was manufactured in those days, a yellow, coarse, porous writing material, itself a significant syrabol of Confederate times. The paper is of the coraraercial note size, thin, flazy, hardly bearing ink, rather a tough textured, blotting sheet, than a usable writing medium. As an ordinary document of every day life it would be valueless. It merely directed the payment of $10,000 of gold bullion, and on the order is written the receipt for the bullion, the paper thus testifying to the honesty and promptness of the disbursing officer of a great shattered government — an administration gone down hopelessly in a grand ruin. But as the last order of that Confederacy, that for four years had main tained the mightiest war of all history, that was alike the center of such an imraeasurable range of hopes and memories, and the striking object of such an immense and turbulent conflict of blood, it has an interest and a poetry that cannot be expressed and that will grow with time. By some curious chance the receipt comes first, and then follows the order, indicating that it was all one transaction. The order was written by Maj. R. J. Moses, as also the receipt. We give the order first: "Maj. R. J. Moses, C. S., will pay $10,000, the amount of buUion appropriated to Q. M. Dep. by Sec. War, to Maj. R. R. Wood. By order of Q. M. Gen. " W. F. ALEXANDER, Maj. aud Ass. to Q. M. Gen. "5 May, 1865, Washington.'" The receipt is as foUows: "Washington, May 5, '65. " Received frora Maj. R J. Moses three boxes estimated to contain $10,000 in bullion. This has not been weighed or counted, and is to he opened before two comraissioned officers and a certificate of contents made, which certificate is to be forwarded to Maj. R. J. Moses, and by the amount certified to the undersigned is to be bound. "R. R. WOOD, Maj. and Q. M." With Mr. Davis was captured the balance of the coin and buUion, 330 THE LAST OF THE CONFEDERATE BULLION. which was carried to Washington, D. C. In 1866, certain Virginia and Louisiana banks claimed that this money was their p^-operty and not the property of the Confederate States. Treasurer Spinner insisted upon a particular description of the captured coin, which could not be given. Subsequently, Secretary McCuUoch, by order of President Johnson, directed Treasurer Spinner to turn the money over to the claimants, but on consultation with Secretary Stanton, he refused to do so, and soon after the bullion was coined. At Treasurer Spinner's instance. Congress passed a resolution, approved March 22, 1867, ordering that this raoney be conveyed into the treasury by warrant. This was done. In 1873 Judge Joseph Casey, attorney for the Bank of Louisiana, made another attempt in the United States Court of Claims, to get this money. He had a rule issued on the Secretary of the Treasury to show the kind and amount of coin captured, whether there were certain kegs of gold, Spanish and American coin, sixty kegs or less, and boxes of silver coin, and the disposition made of such coin, and the authority for the dis position. Secretary Boutwell referred the rule to Treasurer Spinner, who gave the information desired, but clairaed that Congress, having by resolution disposed of the matters, was the only power that could give relief. This appears to have ended this episode of the last of the Con federate finances captured on Georgia soil with the President of the Con federacy in the sunny May of 1865. It was a singular coincidence that the Davis government should have finally dissolved in a place having the same name as the seat of govern ment — Washington — the objective goal of the war efforts of that ad rainistration. It was a fitting conclusion of the young government that, after four years of unequaled resistance to a Power that had been backed by the civilized world, it marked its last act of authority by a thoughtful loyalty to the comfort of its penniless and starved defenders. On this 5th day of May, 1865, the Confederate administration thus gathered at Washington, Ga., and standing at last shorn of every ves tige of authority, means, support and power, helplessly fugitive, its' long-fought cause done forever, dissolved and scattered, never more to meet. General Breckenridge, the Confederate Secretary of 'W^ar, went in one direction ; General St. Johns, the Commissary General, in an other ; General Lawton, the Quartermaster-General, in still another ; . whUe Mr. Davis and Mr. Reagan, the Postmaster-General, fled leisurely at the rate of about thirty railes a day into the interior of Georgia. It was a strange want of vigUance and rapidity in Mr. Davis as an escap- GEOEGIA THE HEAVIEST LOSEE OF THE SOUTH. 331 *ing fugitive, and it almost seemed as if he either did not apprehend or did not care for capture. At Irwin's Cross Roads, in Washington county, a band of despera does raade a deraonstration upon Mr. Davis and his party, dgnorant of who they were. . At Dublin another attack was threatened by some thirty deserters, but in both cases the bands were frightened or per suaded off. A federal force of about two hundred cavalry, under Lieu tenant Colonel B. D. Pritchard, of the Fourth and Second Michis-an regiments, finally captured Mr. Davis and his party near Irwinville, at daylight on the morning of the 10th day of May, 1865. The federal cavalry was divided and ran upon one another unexpectedly, firing and killing several soldiers. For a long time the Northern press circulated the stateraent that Mr. Da^'is was captured in woraan's clothes, but the statement was false, and was undoubtedly fabricated to throw ridicule upon him and the cause he represented. The report was an ungracious piece of malignancy, as ungenerous as it was malicious. With the capture of President Davis on Georgia soil, the final blow was given to the Confederate government and the Southern cause that it rep resented. The first act of war had been committed on Georgia territory, and the ultimate ending, by a providential fortune, carae here too. The brilliant beginning and the calaraitous conclusion both belong to Georgia, and with her other raasterful instruraentality in the mighty episode, weave together a story of heroism, power and disaster, that will live in all ages. The simple record of the sacrifices of the state of Georgia will show resplendently her war record. She sent to the field over 120,000 sol diers, or 20,000 more than her voting population at the beginning of the war. No statistics were gathered until 1867, after she had enjoyed ' two years of recuperation, and there is no means therefore of accurately estimating the daraage she suffered. Her, aggregate wealth _in.. 1867 was $191,235,520^_£i3;Li4.81^497,381 Jeaa. than in, 1864, and.liei:..gain..from 1865 must have been fully_ fifteen or twenty^jnUUonSjjmakin'g her jjar loss araount to .th.e prodigious propartioii-oi threQ7fourths of ,i£jc. wealth,. We can best Ulustrate Georgia's heroisra and suffering by comparing her losses with those of the other Southern states: Georgia, 481 millions, or over three-fourths -of her wealth; South Carolina, 326, or two-thirds; Mississippi, 355, or two-thirds; Virginia, 186, or two- sevenths; North Carolina, 160, or one half ; Kentucky, 104, or one-fifth; Louisiana, 185, or two-fifths; Tennessee, 69, or one-fifth; Florida 36, or one-half; Missouri gained 286 millions. 332 THE EXTENT OP GEORGIA'S RUIN AND THE WAE ENDED. Her loss in slaves alone '^?:gj^.^' '^?!jPJA£^.'^.ijg!liJ2Jlliy,if ."" r V? })) iOBS. ffl "^^ than her present wealth. Her lands fell off in value one-half. Qne- quarfer of her railroad track was totally destroye.d..„- Over 2,^iQ„aaji9,re miles of her terri-tory Kad been stripped^and ^''^y.ggg.d PiUd,,,i^ade a -wil derness of wreckT" The public debt was run to over twenty-five millions of dollars7or*which over six millions were expended on the families of soldiers, four millions in sending clothing to the Georgia troops, and six millions more upon our state forces outside of Confederate operations. No state in the Confederacy approximated Georgia in her voluntary expenditures iri aid of the war. And truth requires the candid admission that Gov. Brown led in this unequaled policy of gen erous and unstinted railitary zeal. Concurrently with all of his stub born and unyielding conflicts for constitutional principle, he to the fullest extent of his official power, gave practical cooperation to the cause, and contributed his private fortune. The substantial significance of such a force cannot be overlooked. But the end had corae. Our efforts, our sufferings, our sacrifices had been unavailing. The war had gone against us, hopelessly, finally. And from the unredeemed wreck of- unsuccessful revolution the people of Georgia turned their crushed energies bravely to rehabilitation and the future. PART III. The ."Reconstruction Travesty and a Superb jRehabilitation. CHAPTER XXXII. THE TRANSITION PERIOD OF PURE BAYONET RULE. The Whimsical Tyranny of Reconstruction. — Venomous Times. — Gov. Brown's Dra matic Experience. — Outliving a Merciless Ostracism. — Gen. Wilson. — Stephens, ' Cobb, Hill and Brown arrested. — Gov. Brown's Release. — Gen. Wilson Squelches 1 the " Rebel State Authorities." — Federal Cleverness. — Gen. Wofford. — Mules and ; Corn Distributed. — Gov. Brown's Resignation. — His Philosophy to " Do the Best we Can." — The Enfranchisement of the Black and Taking the Oath. — The Georgia ; Xlijion Club in Savannah. — James Johnson Provisional Governor. — His Pronuncia- I mento. — His Macon Speecli. — Civil and Moral Chaos. — Johnson's Mistake. — Cling ing to Slavery. — The Dazing Effect of Preedom on the Black. — The Freedman's Bureau. — The African Problem. — Grira Satire of the Chicago Times. — A Black Deluge and Wliite Bondage. We come now to that anomalous, indefinable period in Georgia his tory, that must stand as the indescribable incongruity of her existence as a commonwealth. It is an epoch that baffles description. Neither war nor peace; marked by the anarchy of war without its dignity and a pretense of peach without its reality; ruled under a scorching travesty of law, alternating with bayonet despotism governed by mob caprice; this era of whimsical yet savage tyranny, known by the abhorrent name of Reconsteuction, must .ever remain the ridicule of patriotism and the contempt of statesraanship. It was the spawn of unbridled might. It violated every principle of good government. It sported wantonly with every facred axiom of civil liberty. Inspired by hate, and oper ated with malice, it abortively retarded for a decade of years, the very ob ject it claimed to seek, viz: — a solid and fraternal rehabilitation of a sun dered Union, and a warring people. It was the crudest bit of political harlequinade ever practiced by an enlightened civilization. The mother that bore the monster Caliban, must have had the same feeling as she gazed upon the foul, ill-shapen, hideous creature, as the authors of reconstruction at this day, have in looking back upon the ap palling abortion, they called into existence to re-unite in holy wedlock, the resentful sections of a riven nationality. The annals of the -qjorld show no more wicked and inexcusable botch of governmental polity. In using this strong language there is a meed of justice due to honest Southem men, who favored the principle of a martyr's submission to 336 GOVEENOE beown's ALTEENATION 01' POPULARITY. hard terms, as the patriotic requirement of our conquered condition. And there is still another meed of justice due to honest Northern men, who conderaned the drift of what they deeraed a necesary policy. The acriraony of reconstruction was really no less intense and ruthless than the savagery of battle. Men were as mad and brutal, and reveled in fully as fiery passion. It is not altogether certain that men were not more hostile and implacable than when fighting, for the spilling of blood, and the clash of arms was a vent for the turbulence of hostility that toned down the inner heat, and satisfied the vengeance. But the repression of active deed during reconstruction made the inspiration of rancor over wrong flame the hotter inwardly. Those reconstruction days were venomous times, spiteful, acrid, ferocious, absolutely unreasoning. Their fever was different from the war-heat, more stinging and unsparingly prescriptive. There was raore execration about it, and utter disregard of raagnanimity. It was an epoch of state history, that' no Georgian can ever wish to see re- enacted. War has its glories, , its stirring delirium, its triumphs, its renown. But that horrible era of reconstruction has nothing but bitter memories unredeemed by a single element of alloy. This era was to witness the most dramatic experience and tragical test of Gov. Brown. For years he had enjoyed such power and popularity as are vouchsafed to few men in this world. He had strongly swam, not floated, for he bravely breasted his own firm course, upon a fiood current of public favor in as stormy a crisis, and as long as any leader ever did in human chronicles. He had raade himself the foremost civilian of the Con federacy, engendering a reputation to be envied, with just enough of iraplacable enmity to give the proper seasoning to his celebrity, and point to his victories. He was destined to suffer an alternation of pub lic favor, so sudden, so complete, so overwhelming and savage as to constitute th,e most extraordinary personal vicissitude of the extraordi nary period. He was to be the victim of this remorseless odium too, without a shade of moral obliquity or a transgression that the raost punctilious, social, moral or legal scruple could fasten to hira. He, himself, in his uncomraon sagacity foresaw much of it and pre dicted it, but he had no conception of its reach and intensity. He had displayed exceptional daring and firmness in raany trying emergencies. But iie never had so ferocious a strain upon his adamantine nerve as in this reconstruction time, when he battled with the sentimental but her culean prejudices of the people. It was a frightful struggle, and must give hira the horrors to this day. It battered and ostracized him, it made ARREST OP DISTINGUISHED GEORGIANS. 337 him for a long time an exile and a practical outcast. It was enough to have crushed and crazed any man of ordinary or even extraordinary mold. Yet he not only resisted but he whipped it, and his political recuperation is as remarkable a case of sublime and indomitable political vitaUty as was ever seen. It was a grand test of the man's gigantic endurance and power. The writer was warraly on the other side in these fierce-hearted days, and in doing justice to Gov. Brown has noth ing to recant of his own convictions. The day of passion, even in raeraory, has passed, and the tirae has come for rational fair-minded, good-tempered justice. Gov. Brown has been more fortunate than most men in outliving misconception, so terrific that the pangs of death were preferable. And he has won such a victory over aspersion as will make the remaining years of his eventful life happy and influential for good beyond estimate, and all the brighter for the antithesis of the long dark epoch. The surrender left the state in military hands. Gen. Sherman, the most relentless practicer of war's severities, had, with a splendid states manship, endeavored to give effect to the true consistent theory of the Union movement, and considered the states restored to their autonomy when arms were laid down. Gov. Brown acted on this idea. He called the legislature together to raeet in Milledgeville on the 22d day of May, 1865. Gen. Wilson, the Federal coraraander at Macon, had notifled him to surrender the State troops, and he had done so, taking a parole as the commander-ia-chief -with Gen. Gustavus Smith and his division. Gen. Upton was in comraand at Augusta, Gen. Croxton in Macon, Col. B. B. Eggleston in Atlanta, and Maj. M. H. WiUiams in MUledgeviUe. Just at this tirae the surprise was shot upon the state of the arrest of Alex. H. Stephens, Gen. Howell Cobb, Hon. B. H. Hill and Gov. Brown. The latter had returned to Milledgeville the day after he was paroled. The next night the Executive mansion was surrounded by an arraed Federal force under the coraraand of a captain who notified the Governor that he was instructed to arrest him. Gov. Brown denied indignantly the right to molest him, producing his parole. But the officer replied, " I am instructed by Gen. Wilson to take that from you." The Governor protested against the outrage, claiming that, as he had not violated his parole, the faith of the United States was pledged to protect hira. The officer would take no denial, and there was no chance to resist the armed force, so the parole was delivered up. He was permitted just thirty rainutes to make his arrangements for departure, and was not allowed a moment of privacy with his family, 22 338 THE DREADFUL CONDITION OP NORTH GEORGIA. from whom he vvas thus so unceremoniously torn. He was carried on to Washington and incarcerated in Carroll prison. He addressed, a tetter to President Andrew Johnson, recounting the circumstances of his parole and arrest, and urging the injustice and bad faith of the treatment. After the lapse of a week he was accorded an interview by President Johnson, who promised to investigate the matter. At the end of several days Gov. Brown's release was ordered on his parole, and he returned to Georgia. Gen. Wilson issued an order forbidding the Legislature to meet, as called by Gov. Brown. His order stated that " Neither the Legisla ture nor any other political body will be perraitted to asserable under the call of the rebel state authorities." The order further said: " The people of the state are earnestly counseled to resurae their peaceful pursuits, and are assured that the President of the United States will, without delay, exert aU the lawful powers of his office to relieve them from the bondage of rebel tyranny and to restore them to the enjoyment of peace and order, with security of life, liberty and property under the constitution and laws of the United States and of their own state." There must have been a grira vein of satire in Gen. Wilson's corapo- sition. The idea of protecting the people of Georgia from " rebel tyr anny " raust have been the suggestion of a satirical humor inspired by an intuitive prevision of the coming cruelties of reconstruction. In many particulars -the Federal soldiers acted very cleverly. Gen. Wilson turned over to Gen. Ira Foster the Confederate raules, horses, wagons and harness, for distribution among the poor, and Col. J. H. R. Washington of Macon, was associated with Gen. Foster to aid in the distribution. In North Georgia, Gen. Wofford induced Gen. Thomas to loan the people 30,000 bushels of corn to feed them while making a crop, and to let the citizens have the straggling govemment stock scat tered over the country, to help them to farm. These incidents do iraperishable honor to the gallant Thomas. Gen. Wofford, by his tact and manly, liberal dealing, established a good understanding with the Federal Generals, that enabled him to serve the people effectually. The day after his surrender, which took place on the 12th of May, Gen. Judah paid him the compliment of asking hira to prepare orders for the government of the country, and Gen. Thoraas invited him to a conference for consultation. This northern section was in a dreadful condition, and its distress continued a long tirae, it had been so fear- fuUy ravaged. Gen. Wofford was elected to Congress this year, but was not aUowed to take his seat. He went to Washington to get an issue of provisions for the thousands of destitute citizens. The Demo- GOVERNOR BROWN RESIGNS AS GOVERNOR. 339 cratic merabers of Congress could do nothing, and discouraged him. Nothing daunted, the resolute Wofford interested Judge KeUey of Pennsylvania, in the matter, who introduced and obtained the passage of a resolution authorizing Gen. Howard, of the Freedraen's Bureau, to furnish all of the supplies needed, and reraedy the faraine of this large section. Even in the middle of the war these upper counties had to be supplied by the state. It was a suggestive coincidence that this section of Georgia, the most reluctant in going into secession, was the raost sorely punished by the resulting war. Gov. Brown returned to Georgia to find that he was not allowed to exercise the functions of the Executive. The language of Gen. Wil son, speaking for Mr. Stanton, the Secretary of War, was : " The restoration of peace and order cannot be entrusted to rebels and traitors who destroyed the peace and trampled down the order that had existed more th,an half a century iu Georgia." On the 2flth of .Tune, 1865^ Gov. Brown, in order to facilitate the re organization of the state government and remove any impediment that he raight personally interpose to the solution of the great reconstruc tion problera, resigned his place in a creditable spirit of patrifliiara. His address was a dignified, manly paper, and a curiously characteristic enun ciation of the man. It was the utterance of one who has been noted all of his thrilling life for facing unpleasant facts fearlessly, and raeet; ¦ing an emergency plumply, without dallying with iraprobable possi-. bilities, or wasting time upon useless expedients. We have never in the South had a raore practical man than Gov. Brown. He drives straight to substantial results, having the end in sight at the start, and it is his nature to work with a view to that end. He had given every energy of an unusually powerful nature to winning success in the war, and if all of the raen of the South had shown his spirit we would have whipped the fight. When the cause was irretrievably lost, it was the- irre sistible nature of the raan, and the raoveraent of a profound coramon sense to seek the quickest exit from our dreadful abasement and utter ruin. Being conquered summed all the horrors of the situation. And the defeat following such an effort as we had made was the worst of all failures — that in which resistance had continued until we had desperately spent every resource, and were absolutely exhausted and helpless. Gov. Brown recognized our condition, and faced it in entire frank ness. The fighting day was gone. He had put out his best efforts while the war was on. When the thing was over, and the day had gone against us, and hope was at an end, the unconquerable practicality of 340 GEORGIA DISFRANCHISED. the man formulated, in that early hour, the policy which he consistently followed to the last, under such hideous pressure as was simply a mir acle to have withstood. Here was his declaration of purpose, in his let ter of resignation: " The statesman, like the business raan, should take a practical -view of questions as they arise, and do for those dependent upon him the best that can be done, under aU the circumstauces, by which they are at the tirae surrounded." Carrying out this idea Gov. Brown advised instant and entire acqui-\ escenceTnThe^abolition of slavery, a cordial support of President John- so'n's adiriiiiistraf ion, and the prompt and general taking of amnesty for ] particijialion'm' the government by all not excepted. President John- —^girhad off eredr amnesty ,to aXCwho. tQ,ok. lEe.. oath-aL-aIlegiaJijQe,-ascept ciyil officers of the Confederate governraent, railitary- officers above. the rank of_Colonel, naval officers above the rank pf LieutenaiUt,.B,Q£vgrn- ors. Congressmen, Judges, West Point officers, and citizen^ yorth oyer $2^^prTiT"tKe'last class there were 12,470 in the state at the close of the war according to the tax books. Adding the civil and military officers excluded, we had in Georgia somewhere between fifteen and twentj' thousand raen excepted frora voluntary amnesty, this number including the wealth and civil and political leadership of the State. The two main subjects of consideration and action were submission to the enfranchisement of the black and taking the oath, both of thera hard, bitter pills then ; one involving the unconditional renunciation of slavery, the cherished " corner stone " of our fabric for which we had gone to war, and the other, absolute allegiance to the power we had so long fought. Yet where was the power to resist these deraands ? Govemor Brown took the initiative in urg'ing an instantaneous cora pliance with them, and his letter breathes a strong spirit of patriotism. In Savannah, on the 31st day of May, 1865, a raeeting had been held of what was called the " Georgia Union Club." The President was Col. Wra. H. Stark, and the Secretaries L. A. Dodge and J. R. Sealy. A coraraittee on business was appointed consisting of L. S. Bennet, M. Duggan, E. S. Riddell, E. Padelford, H. Brigham, Mr. Wadleigh and J. G. Mills, who reported resolutions which were adopted declaring that sympathizers with secession should not be supported for office, and ask ing for the appointment of a mUitary Governor. And the following coraraittee was appointed to visit Washington to secure the enforce ment of the resolutions : W. Woodbridge, Wm. H. Stark, Henry Brig ham, W. A. Stone, L. S. Bennett, E. S. Riddell, J. G. Mills, C. K. Os good, Dr. P. Y. Clark, Ed. Padelford and H. B. Weed. HON. JAMES JOHNSON PROVISIONAL GOVERNOE. ' 341 On the 17th day.-of June, Jlon. Jaraes Johnson of Colurabus was a£^ pointed by President Andrew Johnson, Provisional Governor, of Georgia to reorganize tjj^e.ptate. Lie had been a member of Congress, defeating Gen. Henry L. Benning in 1851. Gov. Johnson repaired to MUledge viUe, and on the 13th day of July, 1865, he issued his Proclamation an nouncing his appointment, and calling a convention of the people to be elected the first Wednesday in October, 1865, and to asserable on the 4th Wednesday in October in MUledgeviUe. The oath of amnesty had to be taken to qualify citizens tn vote. AU redress _.for wrong was te- raitted to the inilitary authority, and slavery was declared_extin,ct. The most remarkable announcement in this military civil pronunciaraento, was the following, which wUl give the reader an idea of the unhinged condition of the tiraes. " That the idea, if any such is entertained, that private property wiU be distributed or parceled out, is not only delusive, but dangerous aud mischievous ; and if any attempt should be made by any person or persons to effect such an object by violence or unlaw ful means, it wiU only secure to him or them speedy aud merited punishment." On the 15th of July, 1865, two days after his proclaraation. Gov. Johnson raade an address in Macon, in the City Hall, Gen. Wilson and Hon. Thomas Hardeman being with him on the stage, in which he made -a frank stateraent of his powers and purposes. He declared that he was appointed for the single object of enabling the people of Georgia to forra a governrtient — that slavery existed no raore, and the fact would have to be constitutionally recognized. Gov. Johnson pro ceeded to say some very unwelcome things, and it must be confessed that his manner of saying them was not calculated to woo adhesion to his counsel. He declared the war a " stupendous folly " of our own seeking. He concluded with the expression of the belief that Georgia, under the new regime, would increase in prosperity and civilization. The condition of feeling among our people was very peculiar at that tirae. It is difficult to give a conception of it now. It was a civil and moral chaos. The South was crushed and bleeding. The only sur viving faculty was the united capacity for grief and resentment. Prop erty was gone. From the ashes of a universal ruin, raen looked out upon a future apparently without hope. The old order of things was destroyed. All previous experiences had been set at naught. There was nothing to forecast the future. Men were called upon to do hercu lean things, to bury cherished prejudices, to clean away the saddening ruins of dear hopes, to sepulcher fierce animosities, to conform to loathsome necessities, to remodel everything precious, social, political 342 THE CLINGING TO SLAVERY. and moral. It was a cruel thing in Gov. Johnson to go to abusing the people, and the ungracious reproach he put on the helpless citizens in their misery handicapped him for guiding and serving them. When he closed his speech in Macon, his hearers retired in a sullen dissatisfac tion. There was an unpleasant conflict of feeling in the state over slavery. Men clung to the dead body, and hoped by sorae miracle to either revive it, or utilize its remains. The black problem was a grim puzzle in that day. There was all sorts of eager, fanciful hoping about it. It was hard to realize its utter death, and to submit to it. There was hot and curious contention among our folks over the carcass. Strange as it may seem now, in this day of ripe acquiescence in Afri can freedora, in the chaotic raonths foUowing the surrender, and up to the October convention in 1865, the vital issue was whether slavery was dead or alive, and it was acrimoniously discussed. The Govern ment had proclaimed slavery dead, the " Freedman's Bureau "• was universally established, and the negroes, as " Freedmen," were making voluntary labor contracts, yet, strange to say, a large part of our people stuck to the hope of at least some modified form of slavery. The decisive opinion of Gov. Brown and other sensible men carried its weight, but was not conclusive, and the chimerical and mercenary fought this barren issue. , We, who are living under organized government, can form no idea of what it is to be as we were then without civil law, and threatened with an unknown and perilous future. It was an appalling situation that we were in, under the arbitrary control of armed men who had been our foes, who were ignorant of our laws and institutions, and only had the caprice of their own will to govern them and us. Add to this the anxiety about the ignorant, dangerous element of free black labor demor alized with the novelty of license, and there was room for thoughtful men to be troubled. The negroes were as unsettled and disturbed as the whites. The phase of the colored raind in the bewildering ex perience of freedora was a psychological study. During the war the negroes had generally manifested a noble fidelity to their masters. Their quiescence was remarkable in the light of the fact that they were the ostensible cause of the struggle, and their destiny was involved. This was due largely to their want of education and the hereditary spirit of subordination born of centuries of slavery. When freedom came there was no proper conception of it in their ignorant intelUgences. The sudden transformation from slavery un leashed a legion of wild aspirations, blending in their scope unbridled THE GREAT BLACK PROBLEM, 343 appetites and luxurious indolence. The essence of their new liberty was relief from labor. Idleness and vagrancy were the delicious reali zation of freedora. It seemed irapossible to raake thera believe that they raust work and support their f ainiliesT The'oouiitry iiegroes flocked tp the towns an'd'oities to live upon the" bouriiy of the" govemment "or steal. They had the most impracticable conception of "their rights. TEe~miUtary masters found an elephant upon their hands. It was a quaint but grave burden to manage the obstreperous and fantastical freedraan of that day. The orders published then are a vivid illustration of the times. And they were curiously inconsistent in their arbitrary disregard of individual right. It -was a comical comraentary upon -this new era of Utopian abolitiomsm, that^its beneficiaries, in the- first flush of their sacred^ .SS52°iE&tion, rushed inopnjiilgntly to-theft. and_vaga- bondism. And the bewildered commanders issued pronunciamentos as despotic as any ukase of the Russian Czar. Capt. Nunan of the 3rd Ohio cavalry, commanding the post at Milledgeville, promulgated an order that reads like a travesty of law. Said this extraordinary fulmi nation of authority, "Freedmen that will use any disrespectful lan guage to their forraer raasters will be severely punished." They were not allowed to go frora one plantation to another without passes. A daily inspection of negro cabins was raade, to stop stealing and killing of stock. Trading with negroes from the country was prohibited to check the plundering of plantations, and all blacks had to have a writ ten perrait to sell things given by their eraployers, and specifying the articles to be sold. Those under contract, who run away from their employers, and those who harbored run-aways, were arrested. And yet, with all of this interference with personal liberty, there was a religious adherence to the name of " Freedmen," the outward symbol of freedom. It is due, however, to truth, to say that during this transition period of pure bayonet rule, the Federal officers generally sought to adiriin- ister justice and conserve the public interest. They had a hard tirae between the rapacity of the black and the unrest of the whites. They were obliged to repress the delusion of the negroes that they were to own the property of their old masters, or indeed any property they did not buy, and it was a difficult task. In looking at this stupendous black problera, out of the blinding in terest of those rancorous days, it presented an overwhelming difficulty for solution. The emancipation of four millions of slaves, worth two thousand billions of doUars, was a vast economic question. The regula tion of this huge body of unlettered labor and hereditary ignorance. 344 THE BLACK DELUGE. and the establishment of proper relations for it to the body politic un der an order of things antipodal to its entire previous existence and governraent, was the largest question of our vital century. It is not to be wondered that the raatter was frightfully blundered and botched. For forty years the republic had been throbbing convulsively over the slave issue. The Union had split upon it. The greatest war of history had ended in its overthrow. And as before the crash, so this dominant black question, in the dubious day of national rehabilitation, clutched the country to the exclusion of everything else. In the hazy chaotic air just following the revolution, the abolition sentiment was wild over the stupendous achievement of African emancipation, and it kept up such a clatter as drowned for the time all other theraes. Said one of the Western papers, the 'Chicago Times, of July 7, 1865, vividly de scribing this black craze : " The African inundates us. Inky floods pour over the nation and threaten us with another and a worse than Noachic cataclysm. The black deluge ploughs through our streets, pours along the national avenues, and encircles the altars of religion.'' This sarae paper concluded with this eloquent waU of grim satire : " There is a chance in this country for philanthropy. There is a good opening for abolitions. It is to relieve twenty-eight raiUions of whites held in a cruel bondage by four millions blacks. It is a bondage worse than that of Helotism. It is one which re tards our growth, directs our thoughts and absorbs our efforts. It drives us to war, it ruptures our government, it disturbs our tranquiUity and threatens direfuUy our future. There never was another such a race of slaves as we ; there never was another people ground so complete in the dust as this nation. Our negro masters crack their whips over our legislators aud our religion. They have established a tyranny over us worse than that of the Pisistradids. " It is tirae there was something done for these twenty-eight millions of white slaves held in fetters by four millions of greasy, flat-footed Africans. Having labored and argued and legislated and fought for these our masters, for many years, it is time that we should be emancipated and enjoy the fruits of our labor. We see no hope, aud the future of the country is as black as the subject of this article." CHAPTER XXXIII. THE ORGANIZATION OF THE STATE GOVERNMENT UNDER PRESIDENT JOHNSON'S PLAN. Some Ludicrous Incidents of Bayonet Despotism. — The Macon Journal Suppressed because its Editor " Smiled " on taking the Oath. — Judge Erskine. — Mrs. Toombs. — Pardon of Gov. Brown. — Springing his Name for Governor. — The Convention of 1865, Typifying the Resurrection of Dead Sovereignty. — Its Personelle. — Judge C. J. Jenkins its Leader. — Gov. James Johnson's Biting Message. — Abolition of Slavery. — Repudiation of War Debt. — Thaddeus G. Holt. — Fine Appeal for Disfranchised Citizens. — Gov. Brown and the State's Cotton. — Investigation and Strong Tribute to Gov. Brown and his Subordinates. — Gov. Brown to Judge Jenkins — Judge Jenkins Elected Governor. — Congressmen. — The Legislature. — Its Personelle. — Gov. Jen kins not aUowed to be Inaugurated Immediately. — His Final Installation. — His Superb Inaugural. — State House Officers. — Frightful Condition of the State. — Gov. James Johnson's Retirement. — The Black Code. — Gov. Brown's Advice Against it. — Gov. Jenkins' Message. — Inconsistency of Reconstruction. — Both in and out of the Union. — Judges Elected. — Important Legislation. This epoch of genuine sword rule in Georgia was raarked by some characteristic incidents of an arbitrary despotism. One in particular, while unspeakably ludicrous, and at this distance silly, illustrates alike the seriousness of that day and the fatuous drift of a capricious bayonet tyranny. The editor of the Macon Journal and Messenger, Mr. Augustus P. Burr, took the amnesty oath, and published in his issue of July 30, 1865, the oath with the editorial stateraent, that he had to " fortify hiraself for the occasion with an extra araount of ' Dutch courage,'" and that after "the perforraance we 'smiled' and we were fortified in rear and front." Such badinage should have only elicited laughter or derision. Brig. Gen. C. H. Grosvenor, commanding the post at Macon, took it seriously, and in an order, unparalleled for its travesty of sense and its ridiculous folly, declared Burr's article " a high crime against the United States governraent," and an " open violation of the oath taken by the editor." This extraordinary order proceeded to declare solemnly " the editor is necessarily a bad man — incendiary in his character. His word is worth less, and his oath not to be trusted.'' Mr. Burr for his harmless pleas antry was arrested, his office seized and his paper suppressed. A sirailar incident occurred in Colurabus. A man by the narae of Betts, a sports- 346 JUDGE JOHN ERSKINE. man, jocularly insisted, when taking the oath, that his dog should do the same thing. For this he was arrested and imprisoned in jail some time. Arrests were raade upon the statement of a commissioned officer over his official signature. Judges were appointed by the Generals com manding districts, by Gen. Steadman at Augusta, and Gen. Washburn at Savannah. It was at this time that Judge John Erskine was appointed, by President Johnson, Judge of the United States district court, an appointment that he has held up to the present time, filling the bench with ability, kindness and dignity. With a large power to oppress the people, having questions to handle full of grave responsi bility and bearing directly upon our prejudices, oftentimes burdened with duties odious to the people and disagreeable to our citizens, Judge Erskine has so deported himself as to win the respect and the confi dence of men opposed to his political views in a long period of unprece dented political rancor and personal proscription. An incident that attracted much attention at the time was an order from Brig. Gen. Wilde, assistant coraraissioner of the Freedmen's Bureau, to Mrs. Gen. Robert Toorabs to vacate her horae with only two weeks' provisions, as the premises were " abandoned property," to be taken and applied to the uses of the Freedmen's Bureau. Gen. Stead- man, a humane and gentlemanly officer, revoked the cruel order and reinstated Mrs. Toombs. Thus were the liberties and property of the people raade the shuttlecocks of men's caprices, and law and right quivered upon the shifting wiU of petty, irresponsible miUtary despots in every county. It is little to be wondered, that a man so sagacious and practical as Gov. Brown, should have seen in the prompt acceptance of disagreeable stipulations, that could not be resisted, the escape from a condition of things abhorrent to every lover of law and liberty. On the 7th day of August, 1865, Gov. James Johnson issued his proclamation that Ordinaries could administer the oath of amnesty, and that civU officers who had taken the amnesty, and were not excepted, could resume their official functions. Gov. Brown received his pardon in the middle of September, 1865. The "Federal Union," comraenting upon the raatter, used this prophetic language: " Gov. Brown is now at Uberty to devote his great raind and unsurpassed energies to the restoration of his beloved State to the rights and dignity of a sovereign State of the Union, and we feel well assured he wiU do all iu his power to make her pathway smooth and her passage expeditious. Gov. Brown accepts the terms of reconstruction, and will take hold of the situation in downright earnest. He is not the man to stand -idly by THE CONSTITUTIONAL CONVENTION OP 1865. 347 while there is snch important work to do. We expect, therefore, to see him among the foremost in shaping our new destiny as a coraraonwealth.'' It was a striking deraonstration of Gov. Brown's popularity, that as soon as his pardon was announced, the papers began to teera with articles urging his candidacy for Governor again. He was resolved, however, not to perrait the use of his name. His houses on his farm in Cherokee county had been burned down, so that he could not go there to live. In December, 1865, he moved to Atlanta, where he has resided since, and where he was to experience the most draraatic episodes of a life that had already been startling in its eventfulness. The convention ordered by Gov. James Johnson, assembled on the 25th day of October, 1865. It was called to order by Gov. Johnson. Judge Iverson L. Harris adrainistered the amnesty oath. A nuraber of delegates were excepted frora amnesty, but President Johnson had gen erously pardoned them that they raight serve. There was a peculiar solemnity and iraport in the convening of this body. By the rude hand of war the State had been remitted to chaos and disorganization. Ordinarily the raoraentous autonomy of governments grow from incon siderable beginnings by steps of organized accretion, until they swell to the fuU-fledg-ed dignity of august sovereign States. Here we had a great comraonwealth of a raillion of people with a long and illustrious history, resolved by the crushing and brutal force of war into a tyran nous anarchv, and seeking the rehabilitation of its bloody and shattered nationality. It -was an irapressive and grave spectacle, and a tragic experience for the proud State. It was the regeneration of a grand republic. It was more — it was the imperial resurrection of the dead spirit of august popular sovereignty. The reconstruction of no State of the Confederacy was looked to with the same interest that invested Georgia. More instrumental in the inception of the storm, more pow erful in its conduct, more devastated by its ravages, Georgia, in the res toration period, was regarded with a deeper interest, and filled a more influential and exalted r6le than any of her sister States. E^x-Gov. Herschel_l_V^Joh,nsonjva§_g]£ajjed^xesidea.ty^^ and.J.amjej„p. Waddell secretary, o£ this important convention. Araong the leading delegates vvarAugurtVrHrKenan7J.~R. Tarrott, afterwards president of the convention of 1867-8; Judge C. B. Cole, T. G. Holt, now Judge of the City Court of Macon; Thomas E. Lloyd, E. C. Anderson, Solomon Cohen, W. F. Wright, John C. Nichols, a Congressman since; David Irwin, Gen. A. J. Hansell, John H. Christy, a noted editor; M. A. Candler, a Congressman since; Morgan Rawls, a Congressman since; N. 348 GOVERNOR JAMES JOHNSON'S SEVERE MESSAGE. J. Hararaond, now a Congressraan; J. I. Whittaker, G. W. Adair, Niles W. Lewis, Gen. Eli Warren, C. T. Goode, J. H. Blount, now a Congress raan; Wier Boyd, Phil Cook, now in Congress; E. G. Cabaniss, Joshua HiU, T. P. Saffold, WiUiara Luffman, Hines Holt, A. H. ChappeU, J. J. Floyd, P. Reynolds, J. D. Matthews, J. A. Blance, J. L. Warren, Chas. J. Jenkins, John P, King, ex-president of the Georgia railroad; George R. Black, now in Congress ; J. L. Wimberly, recently Judge of the Supe rior Court; Gen. M. Bethune, James L. Seward, A. T. Mclntire, since in Congress; H. D. McDaniel, since a State Senator; Judge J. S. Hook, William M. Reese, since Judge; and Williara A. Harris. The body was an able one, and patriotic, and conservative. Th&MA- questioned leader of the convention was Judge Charles J. Jenkins, upon whose clear judgment and crystal honesty, the raerabers reposed with an unreservecl trust. Gov. Jaraes Johnson sent in a message to the conven- tion, a cold, brief docuraent, stating the condition of the commonwealth, and urging certain measures. He said that the cotton purchased by the state had been captured or burned, and the assets held abroad were drawn against, to their full value. The state rnad -wa.s rebnilt by the United^tates, and turned over to the state, .on_the_ 25th of September. The pub,UeuieLt.jv.as.^.2.Q.813.535. of which $3,667.750 was ante-war.-se- ouritiesj and $18,135,775 incurred during the war. He advocated the repudiation of the latter, in language harshly condemnatory of the war. He declarfed all who participated in the effort to sever the country, vio lators of law, and the overthrow of the Confederate cause an extinction of the unconstitutional debt. His words were very acrimonious, and the teraper of this , curt message, so unsympathetic and biting, as to have placed him unpopularly with the people. The convention continued in session until the 8th day of Noveraber 1865. It repealed the ordinance of secession, repudiated the war debt, and abolished slavery. A new constitution was adopted. The state was divided into seven Congressional, and forty-four Senatorial Dis tricts. Perhaps no action of the., convention excited a deeper feeling thajutlie. repudiation pf,^the war xjebt. The matter had been anhnatedly Uscussed long before the convention, and the people were against it. But when both Mr. Seward and President Johnson telegraphed that the ixtinction of the debt was necessary to the restoration to the Union, ;he repudiation was reluctantiy done, and eighteen miUions of liabUity svas wiped out at one stroke, upon the behest of Federal power. It is a, valuable historic fact, in connection with this unwilling and com pulsory repudiation, and an honorable tribute to the Convention, that THADDEUS G. HOLT, JR. 349 Gov. James Joljpson telegraphed to President Johnson these significant words, " We need some aid to reject the war debt." Two raembers of the convention. Col. A. T. Mclntire of Thoraas, and one other, voted against the raeasure anyhow. Among the more notable acts of the convention was the passage of an address, asking amnesty for our disfranchised citizens. Hon. Thad deus G. Holt, of Macon, was the author, he being the chairman of the coramittee appointed . for the purpose, consisting of T. G. Holt, Jr., M. A. Candler, C. T. Goode, J. I. Whitaker and G. R. Black. This ex quisite meraorial deserves reproduction, alike for the beauty of its sen tiraent and diction as for the tribute it paid to our people. " His Excellency, Andrew Johnson, Peesident United States : " The people of Georgia, through her delegates in Convention assembled, respectfully and earnestly invoke the exercise of the Executive clemency in behalf of those of our feUow-citizeus embraced within the exceptions to the late Amnesty Proclamation, who may as yet remain unpardoned. " Including, as the vast roU of her disfranchised citizens does, many of her finest inteUects and purest patriots, and involving much of her available wealth, the Conven tion of our State respectfully recoraraend these men to your magnanimous clemency, as our needed coadjutors in the mighty task of reorganization, and as worthy subjects of your raost generous kindness. • " The Convention pledges their future fidelity to the government of the United States. The very tenacity of their devotion to the South in the late struggle, the very heroism and magnitude of their efforts in an unsuccessful cause, and the very chiv alry of their characters, as evinced in the trying vicissitudes of a gigantic war, will be your best guarantee of the virtue of their resignation to the result, and of the sincerity of their aUegiance to a government which disarms them by its magnanimity, enchains their gratitude by its kindness, and punishes them only with its clement pardon. " Believe us, sir, there is no looking back. The State of Georgia is prepared to do her whole duty in and to the government, and she now asks for the restitution to her control and use of her entire citizens, for whose integrity and loyalty she gives you her most solemn pledge, in order that they may assist her to work out from her travail and desolation the high destiny she still trusts is in store for her and them, under a government that has just emerged unharmed from the raost desperate convulsion of the world's history, and whose tremendous power wiUbe infinitely strengthened by its imraeasurable benignity." Captain, now Judge Holt, the author of this fine paper, had been one of our raost gallant cavalry officers, and was the scion of that large faraUy of Holts whose narae is an honored and powerful one in Georgia annals. The convention provided for an election of state officers and congress men on the 15th of November, 1865. It changed the appointment of judicial officers by the Governor, with the consent of the Senate, to the election of Supreme Court Judges by the Legislature, and of Superior 350 WHAT BECAME OF GEORGIA'S WAR COTTON. Court Judges by the people of their respective districts. An important matter investigated was the disposition of the cotton bought by Gov. Brown for the state during the war. There has at various times been some attempt to reflect upon Gov. Brown in connection with this cotton by those unacquainted with the facts. The records of this con vention and of the Legislature of 1865—6 show every bale of cotton and every dollar of raoney realized frora the sale of cotton properly accounted for. A coramittee consisting of Thoraas P. Saffold, Chas. S. Jordan, Sr., and O. A. Lochrane, investigated the subject of the state's financial transactions during the war, for three months, advertis ing for and exhausting every source of information. This coraraittee fully exonerated every one of the state officials frora any suspicion of wrong doing. Gov. Brown bought 6,432 bales of cotton for the state under act of 1864, for $1,500,000. Of this 382 bales were Sea Island cotton. The disposition of this cotton was as follows: Exported safely Upland, 1,556^ Lost at sea, 58 Sold to Confederate Government, 282J Used to pay freight on imports, . ggl Sold to Mr. Brigham, 926 Burnt, 2,642 Captured, 223 Sea Island, burnt, 202 Sea Island, captured 82 Exchanged and lost by owner, gg - 6,432 There was also bought 275 boxes of tobacco, which was shipped to Wilraington, and taken possession of by Gen. Johnston's array at Tim- raonsviUe. Vouchers, receipts and drafts covering every dollar of the raoney in Europe and Nassau were shown by Gov. Brown, and the com mittee raake this sweeping and unanimous stateraent: " Our conclusion is, after the most rigid scrutiny into the public and private affairs of these officers, from Gov. Brown down, that not one of these rumors has been sustained by the slightest proof. Instead of fortunes having been made by thera, we have found them generally poorer than when they went into office." This is the solemn official record upon this matter, that has stood from that day to this unrefuted and irrefutable, demonstrating a matchless integrity in vast transactions where the control was almost unlimited. The enormous sum of eighteen millions of doUars was disbursed during the four years by the same set of officers, under the distractions and HON. THOMAS HARDEMAN, Speaker of the Georgia House of Representatives. 'CHARLES J. JENKINS ELECTED GOVERNOR. 351 temptations of the changeful drama of war and subjugation, yet so per fectly had the accounts been kept, and so methodically had the huge business been raanaged, that after three months searching examination, a committee of able and unimpeachable gentlemen were able to say, after tracing every dollar, that these great duties had been discharged " in times of great public trouble with singular ability and official integrity." This is a grand tribute to Gov. Brown's adrainistration, and a fitting climax of Georgia's resplendent war record. Gov. Brown, having unconditionally declined to allow the use of his name for Governor, the universal thought turned to .Iudg;e__Jenkins. Gov. Brown, on the 30th of October, 1865, voicing the public desire, ad dressed Judge Jenkins requesting him to permit the presentation of his name to the people for Executive responsibility. Messrs .1. P. King, A. H. Kenan, R. A. T. Ridley, WUson Lumpkin, Asbury Hull, E. A. Nisbet, Washington Poe, Wm. C. Redding and others urged the can didacy. Judge Jenkins replied on the 2d of Noveraber, 1865, in a let ter that is a raodel of good taste, elegant rhetoric and high sentiraent. Tbe following expressions deserve preservation: "An honest and intelligent review of our past half century convicts us of two egregious errors ; too great proneness to agitation, and too much division among our selves. If my fellow-citizens detect in me aught of vindictiveness for past divisions, or of proscription for honest opinion's sake, let them all proscribe me." There was no opposition, and Judge Jenkins was elected Governor by the unaniraous vote of the^eople, receiving _37,.200 votes, a proud.,§jjd • "crowning tribute to this distinguishedJjeorgiMi. The following gen tleraen were elected to Congress, but were never seated. 1st District, Soloraon Cohen; 2d District, PhU Cook; 3d District, Hugh Buchanan; 4th District, E. G. Cabaniss; 5th District, James D. Mathews; 6th Dis trict, J. H. Christy; 7th District, W. T. Wofford. The legislature assembled oh the 4th day of Deceraber, 1865. ^1- Uam Gibson vvas, .elected Jtoidentotf.. the ...Senate, and Thomas.. Harde- man, Jr., Speaker _o|jthe_ HLguae. Among the leading Senators were George S. Owens of Savannah, David E. Butler, Dr. H. R. Casey, and J. A. W. Johnson, of Dalton, an eloquent criminal lawyer of North Georgia. Mr. Butler and Col. Johnson are both living, and are araong the raost effective public speakers we have in Georgia. Araong the leading representatives were Jenks Jones, ex-Congressman, Gen. G. P. Harrison, Philip M. Russell, R. L. McWhorter, C. W. DuBose, T. B. Cabaniss, J. M. RusseU, Thos. G. Lawson, now Judge, George Barnes, npw Georgia member of the National Democratic Executive Committee, 352 GOVEENOE CHAELES J. JENKINS INAUGURATED. C. Snead, now Judge of the Augusta Circuit, J. D. Stewart, now Judge Flint Circuit, B. H. Pottle, Judge Northern Circuit, Hon. Thomas O. Wicker, and Col. R. J. Moses. Gov. Johnson's message was a plain, brief document, raainly urging the ratification of the 14th araendraent to the United States Constitu tion abolishing slavery. On the 6th of December, 1865, a legislative committee notified Gov. Jenkins of his election, and asked him to ap point a time to be inaugurated. Gov. Jenkins replied, stating that he had received the following communication: "Executive Office, Milledgeville, Dec. 4, 1865. " Hon. C. j. Jenkins : " Dear Sir : In the discharge of an official duty I beg leave to inform you that I have been directed by the President of the United States to continue to act as Provisional Governor of the State of Georgia, untU reUeved, and my successor recognized by the Government. Your obedient servant, J.JOHNSON, Prov. Gov. of Georgia." Gov. Jenkins designated the 16th of January, 1866, for his inaugura tion, provided by that time he should be recognized by the United . States government. The legislaturejmmediately ratified the thirteenth araendment abolishingjlavery". A law was also, passed allowing Freed- menjo testifj;, in the £a!i£ts. This was advanced action of Georgia on the negro question, and was an indication of the liberal spirit that gov erned our people. On the 11th of December, 1865, President Johnson telegraphed to Gov. Johnson: " The Governor elect will be inaugurated, which will not interfere with you as Pro visional Governor. You will receive instructions in a few days in regard to being re lieved as Provisional Governor. Why can't you be elected as Senator V On the 14th of Deceraber, 1865, the variegated draraa of reconstruc tion furnished the gladdening act of the inauguration of our noble Jenkins as Governor. It was a grateful spectacle for the State, and yet it was marked by raost unpropitious surr'oundings. The day was cold, raw and rainy, and there was lacking the usual display of beauty. It seeraed as if nature was giving token that the episode was a temporary and ineffectual part of the tragic comedy of reconstruction. Gov. Jenkins' inaugural was a very fine paper, eloquent, ornate, stately, earn est, statesmanlike. There was a singular felicity of language and idea in its strong and polished sentences. It breathed a spirit that every patriot could endorse. It contains some striking paragraphs. Said this masterly address: " Five years since reason abandoned and the sword assumed the arbitrament. We open not that record of violence ; would that we could stamp it with the seal of oblivion. q^tyKBMll a S.m,rBiir.:Mii :'Ll'T S_ J^ ^^..^it.^^A'O'l^L^ GOVEENOE JENKINS' ELOQUENT INAUGUEAL. 353 Now the wager of battle is over, and the award is against us, as parties to the issue. Our whole people have risen up and accepted it as by the will of one man. What valor failed to achieve, wisdom has proraptly renounced ; and truth herself has set her signet to the attestation of the deed." With exquisite beauty and wisdom he added: " A tempest of unsurpassed fury has swept over the land. The elements do not sub side into their normal quiet instantaneously with the luU of the wind, the sleep of the lightning, and the hush of the thunder." This extraordinary and unsurpassable inaugural was most remarkable in its discussion of the negro question. Its kindness to the black race was unstinted yet discriminating. It abounded in happy utterances. Emancipation had come upon us like the "destructive engulfing of the earthquake in volcanic localities." The reaUzation that it was unalterably fixed was the first step toward the adjustment of the new systera. The blacks had exhibited a fidelity in the past and a decorum under the distracting influences of the present " without a parallel in history." They should be protected against the " crafty machinations of the designing" as weU as the "fatal delusions of social equality." This part of the address thus fervently concluded: " God is merciful ! God is mighty ! God in his abounding mercy and in the plenitude of his might so di.spose our fortunes and theirs, that each class shall be to the other a blessing, not a curse." The extracts frora this superb enunciation will be well ended with this spendid and prophetic paragraph: " Peace restored — the machinery of government once more put iu operation — public and private enterprise aroused from their long slumber — educational institutions re opened — our sacred temples and our altars with their holy ministrations frequented as of yore, and the blessing of Almighty God overspreading aud vivifying aU earnest effort, . Georgia will iUustrate the teachings of adversity by speedily achieving an enlarged prosperity." The General Asserably only remained in session until the 15th of Deceraber, when it adjourned until January 15, 1866. The following State House officers were elected: N. C. Barnett, Secretary of State; J. T. Bums, ComptroUer General ; John Jones, Treasurer, and J. W. Burke, public printer. Col. Barnett is still the Secretary of State, enjoying a ripe old age, and honored with a degree of popular confidence founded upon a life of spotless integrity and a character full of manly and social excellencies. The condition of Georgia at this time was full of anxiety for patriots. There were organized bands of thieves all over the State under the lead of bad white men. Every newspaper teemed with accounts of robbery. 23 354 THE STATE ON ITS FEET. Stock was stolen every night, and punishment was rare. In localities were shocking exhibitions of lawlessness and crime. Large nurabers of the Federal soldiers had been withdrawn from the State, leaving the people without the protection of their authority and arras. The bad element of the blacks had become violent, and reveled in a carnival of vicious insubordination, and the courts were not in sufficient punitive operation. Colored incendiaries from abroad were stirring about araong the negroes and stiraiilating thera to lawlessness. The cities and towns especially were scenes of murder, plunder, assassination and riot. In this bad condition of order Gov. Johnson contemplated the remedy of organizing and arming companies of discreet volunteers. On the 19th day of Deceraber, 1865, Gov. Jenkins received the fol lowing telegrara from Washington, which terminated the temporary administration of Provisional Governor Jaraes Johnson, and put upon its legs what seeraed the permanent state government of the people. The cherished end seemed at last in sight, and the travaU of a painful reconstruction gloriously ended. "Washington, D. C, 19th December, 1865. " To His Excellency the Governor op the State of Georgia : " Sir, — By direction of the President I have the honor herewith to transmit to you a copy of a comraunication which has been addressed to his Excellency, James Johnson, late Provisional Governor, whereby he has been relieved of the trust heretofore reposed in him, and directed to deliver into your possession the papers and property relating to the trust. " I have the honor to tender you the cooperation of the Government of the United States, whenever it may be found necessary, iu effecting the early restoration and the permanent prosperity of the state over which you have been called to preside. " I have the honor to be, with great respect, your most obedient servant, " W. H. SEWARD." The thrill of joy that pulsed through the smitten state at the publi cation of this joyful document can be better understood than described. It was the practical reaUzation of that farailiar holy history of the proraised land after a toilsome pUgrimage of unspeakable woe. But the draraa of reconstruction was the kaleidoscope of a harlequin. The seemingly glad recovery of our political hope was the beginning of the dreariest and most fantastic political tragedy of the world's annals. pAnd the consistency of the unparalleled picture can only be preserved I in the mind by connecting with this graceful and dignified installation of a splendid representative state governraent, its brutal and ignoraini- ous overthrow and expulsion, and the erecting in its place of a dynasty' of force, plunder and execration. THE peeedman's CODE. 355 The Legislature re-assembled on the Sth day of January, 1866. The raost serious subject for action was the governraent of the emancipated blacks. The Convention had authorized Gov. Johnson to appoint a committee to prepare a negro code of laws. That committee consisted of Judge Ebenezer Starnes, W. Hope Hull, L. E. Bleckley and Sarauel Barnett, and was a rare selection of able, brave and pure-minded men. These commissioners, after long and conscientious preparation, pre sented to the Legislature the result of their labors — a code of laws just and liberal to the freedmen, and safe to the whites. It gave araple security to rights of person and property, but withheld political privi leges. This code was a raatter of solicitous thought and patriotic concern among the raembers, and the opinion upon it varied and trem ulous. Several of the General Assembly, R. A. T. Ridley, F. A. Frost, D. E. Butler, John D. Stewart and Jesse A. Glenn addressed a letter to ex-Gov. Brown, asking his opinibn^ C>n the_j4ith_oLFgbrua,ry, 1866, he replied in a letter of masterly wisdom. It was a singularly clear-cut, sententiqi-j,';,. pVficticnl pnimciatinn of vipw, ^,nd in t.hft^l^in-ht. of results wonderfully correct. __Itjtook positive^jquare^ ground against a special Ireedmarfs_(f_ode, .or^jjiyjaws, discrijijijig^ingincourt rights and rem- edies. H,a.said " General Order No.S: ' Atlanta, Ga., Jan. 13, 1868. ) " I. Charles J. Jenkins, Provisional Governor, and John Jones, Provisional Treasurer of the State of Greorgia, having declined to respect the instructions of, and failed to co-operate with the Major General coraraanding the Third Military District, are hereby reraoved from office. "II. By virtue of the authority granted by the Supplementary Reconstruction Act of Congress, passed July 19th, 1867, the following named officers are detailed for duty in the District of Georgia : Brevet Brigadier General Thoraas H. Ruger, Colonel 33d Infantry, to he Governor of the State of Georgia ; Brevet Captain Charles F. Rock weU, Ordnance Corps, U. S. Array, to be Treasurer of the State of Georgia. " III, The above named officers will proceed without delay to MiUedgeviUe, Georgia, and enter upon the discharge of tlie duties devolving upon them, subject to instructions from these Head-quarters. By order of GENERAL MEADE. [Official :] K- C. Drum, Assistant Adjutant General. " George K. Sanderson, Capt. and Act. Asst. Adjt. Gen." 380 THE MODERATION OF OUE MILITAEY EULERS. Reverting to those unhinged times, one wonders at the moderation of tyranny that accorapanied the unlimited despotism in the grasp of these lucky soldiers, invested as if by enchantment with supreme power. To their credit be it said that generally they wielded their authority with respect for old usages and established rights. -And where they broke over the conventional forms, they did so under the soldiers' spirit of obedience to orders. They were directed to enforce the Reconstruction raeasures and they did it to the letter. General Hancock was the ex ception in one splendid respect. He had ideas of civil law and liberty and a rare conception of constitutional principles and of the spirit of true republican government. In the coraing future his renown as a soldier, great as that is, will pale before the resplendent radiance of his fame as the champion of regulated civil right. CHAPTER XXXVI. THE FEVERISH MARCH OF EVENTS IN 1868. Startling Incidents. — Officers Removed. — Gov. Jenkins' Suit. — Relief. — The Union League. — The Ku Klax Ivlan. — Twin Excrescences of Reconstruction. — 11. B. Bul lock Nominated. — Democratic Committee. — Judge A. Reese. — Judge D. Irwin. — Gen. J. B. Gordon. — Gov. Brown's Frightful Ostracism. — E. Hulburt. — Sharp and Quick. — Bullock counted in Governor. — Gov. Brown at Chicago. — The Killing of Ashburn. — The Trial of the Columbus Prisoners. — Gov. Brown's Connection with the Case Fairly Stated. — A Bitter Legacy of Censure. — The Champion of Civil Supreraacy. — Gov. Browu's Speech at Atlanta. — The Charge of Inciting the Negroes to Incendiarisra. — The Language Used. — An Admonition against Trouble. — The State Democratic Convention. — Its PersoneUe. — The Electoral Ticket. — Gen. Gordon.— Judge J. T. Clarke.— A. O. Bacon.— J. B. Cumming.— W. O. Tug- gle. — Democratic Mass Meeting. — Splendid Invective of Toorabs, Cobb, Hill and Moses. — The Famous Bush Arbor Speeches. — The Fury and the Virtue of that Day. — Tempests of Huraan Passion. Startling and revolutionary events succeeded each other swiftly. Men ceased to be surprised at anything, and continued to bla^o with an increasing indignation. No attempt was raade to conmliate our masters. Exasperated and defiant, the South growled and fought like a wounded and unconquerable lion. The soldiers were denounced, the convention lampooned, the Federal authorities defied, and reconstruc tion and its advocates spurned, insulted and hated. The people boldly resisted reconstruction, and Gen. Meade firmly enforced it. Col. N. C. Bamett, the Secretary of State, was removed, and Capt. Charles Wheaton detailed in his stead. Comptroller-General J. T. Burns was arrested and confined in jail a day or two, under a ludicrous mistake, for a raan named Barnes. James J. McGowan, Tax Collector of Chatham county, was arrested for refusing to pay the taxes collected to the Mili tary 'Treasurer. Judge John T. Clarke, of the Pataula Circuit, was removed because he adjourned his court on the ground of Gen. Meade's " Ulegal, unconstitutional, oppressive and dangerous orders ! " Gov. Jenkins went to Washington, carrying the Great Seal of State, and about four hundred thousand dollars of raoney, which was placed in New York to pay the public debt. He filed a biU complaining that ' Ulysses S. Grant of Illinois, George G. Meade of Pennsylvania, Thos. H. Ruger of Wisconsin, and C. F. Rockwell of Vermont, had Ulegally 382 the union league and the ku klux klan. seized the State's property and imprisoned the State Treasurer, and asked an injunction of said parties from further spoliation. The con vention adjourned, cursed by the people. It had witnessed some lively scenes. A. Alpeoria Bradley, an incendiary negro, was the irrepressi ble orator of the body, tackling with venomous and voluble impartiality the Republican and Democratic leaders, until it was shown that he had been, in fhe penitentiary in sorae northern state for seduction, when he was expelled. One of the leading raeasures was relief from old debts, and a large homestead law, and it was expected that these popular matters would sugar-coat the constitution, and raake the people swallow it. Mr. Akerman, an advanced reconstructionist, opposed it. The extreme Radicals tried hard to direct legislation in a bitter channel. Gov. Brown fought this, and declared tha^; if they exceeded the requirements of the reconstruction raeasures he would oppose their constitution. Some eloquent speeches were raade by such raembers as L. N. Trammell, J. D. Waddell and Dr. H. V. M. MUler, , against the extreme acts. No picture of that day will be complete that omits that trulv " loval " org-anism, the " Union Leaorue," founded and run , in secret deliberations in the interest of the Republican,. party.. .Its^, chiefs were William Markham and Henry P. Farrow. It united its members in a conipact, *oath-bound organization of wonderful cohesiveness and disci pline. Its hidden partisan efficiency was remarkable, and it ruled consummately its unlettered legionaries from Africa. Perhaps the most pernicious damage done by this order was the utter loathsome disrepute into which it brought the sacred idea of loyalty to govern ment. AU dissent from the sanctity of oppression and the virtue of tyranny was "disloyal;" all abject approval of every hideous abortion of relentless despotism was " loyal." The line of loyalty was ignomini ous subservience to power. But there was a companion to this abominable dj'nasty in the dan gerous order of the Ku Klux. The one caused the other. The Ku Klux Klan was the perilous effect of which the odious League was the unhealthy cause. The Klan was a veritable body, founded in a holy object and often prostituted to violence under great provocation. The writer knew all about it, and shared in its legitimate work. It com bined the best raen of the State, old, virtuous, settled, cautious citizens. Its object was the preservation of order and the protection of society. It used mystery as its weapon. It was intended to aid the law and pre vent crime. In the license of the era it was a raatter of self-defence THE governor's RACE I'.ETWEEN GORDON AND DULLOCK. 383 against plunder, assassination and rape. Both the League and the Klan were excrescences of reconstruction, the natural outcome of abnormal politics and abortive government. The convention provided for an election on the 20th of AprU, 1868, for the ratification and rejection of the constitution framed by that body, and for the election of a Govemor and General Assembly. Henry P. Farrow vyas the choice of his party for Governor. He went into recon- struction with a. ripping energv. He was badlv crowded by the Demo- crats. But he was a ganj.ep.ei'spn. a,nd unlike the mass of his colleagues, ready to meet P,,g,r,sonal__^resj3onsibili He was denounced as a coward by Col. M. A. Nevin of Rorae. A correspondence ensued. Col. Nevin was crippled. Farrow refused to fight hira, but went out and exchanged shots with Capt. Thoraas O'Connor, the second of Nevin, who then raanfuUy withdrew the charge of cowardice. The Republican raerabers of the convention organized theraselves into a nominating body, ignored Farrow, and upon motion of Foster Blodgett, norainated Rufus B. Bullock for Governor. It was as good as a play to see the . way of Republican politics at that time. The Deraocratic executive committee was composed of E. G. Caba- ness, chairman; E. A. Nisbet, J. J. Gresham, James Jackson, G. W. Adaras, L. N. Whittle, J. R. Snead, A. W. Reese, Ambrose R. Wright, J. Hartridge, N. Tift, P. W. Alexander, J. I. Whitaker, J. A. W. Johnson, S. J. Sraith. The committee on the 13th of March, 1868,, nominated for Governor, Judge Augustus Reese, and for delegates toi the Democratic Presidential norainating convention, J. B. Gordon, A. H. Chappell, B. H. HUl, H. S. Fitch; and alternates, W. Akin, E. Starnes, A. H. Colquitt and C. J. Munnerlyn. * i Judge David Irwin announced himself a candidate for Governofri On the 24th of March, Judge Reese, who had on the 17th accepted the '; Democratic noraination, declined on the ground that he was not eligible, and recommended Judge Irwin. The committee thereupon nom- j inated Judge Irwin, who accepted. The Republicans sprung the point i upon hira that he had been a Confederate presidential elector, and Gen. j Meade deciding this to disqualify him, he dropped, out. The committee, | baffled in two trials for eligible material, consulted Gen. Meade as toi the eligibility of John B. Gordon, and receiving the opinion of thej! polite autocrat that the gallant Gordon was all right, put him out as \ the Democratic standard-bearer, against Bullock. The campaign that foUowed was rancorous and much mixed. The Democratic policy was / to defeat the Constitution and elect Gordon, which would have made Ij 384 E. B. BULLOCK COUNTED IN AS GOVEENOE. ¦ . . . '. Gordon's triumph a nullity. The Republicans pressed both the Consti- ¦ tution and BuUock. A considerable number, led by Dr. H. V. M. Miller, advocated the Constitution and Gordon. Varney Gaskill, that wonderful piece of political versatility, ran this schedule. ("^ Rufus B. Bullock was a large, handsome, social speciraen of a raan, pleasant-mannered, and well liked. He had been in Georgia nine years. and_occupied the place of head of the express companv in the State. ^^^ president of the Macon and ,^.ugjj.§j^R.^Bii- He h^-d been somewhat of a savage reconstructionist in the convention. The Democrats were for defeating the reconstruction measures. Gov. Brown, therefore, had I no alternative but to cooperate with the side that, if elected, would ' enforce his views, and he took the field for Bullock. All of his sympa- 1 thies and innate convictions were with the Democrats and Gordon. But 1 his sense of the needs of his State and people was for taking proraptly the offered chance of restoration, and at one stroke end a military gov ernraent becoraing daily more intolerable. The people battered their old idol fearfully. Many would not listen to his speeches; others insulted; all denounced and ostracized him. It was in sorae degree a question of personal safety. Few men would have stood to the rack. Gov. Brown was never one of the yielding kind. OpjDosition but intensified, abuse but strengthened, and ostracism fired his combativeness. It raust ever stand an unsurpassed exaraple of human endurance and pluck, that he never flinched or wavered in this pitiless ordeal. The election continued for four days. H'llb'itfn ^^ A^e a raaster of .political qpportunities_ag_the world-evjer-sajK-Jiad-thft handling ofjegia.- tration and the election returns^ It was a strategic novelty in elections, to run them for several days. The watch of the run of things, and the transfer of the unidentifiable colored voter to weak points, enabled a " sharp and quick " raanager, like this unequaled strategist, to produce any required result. The constitution was first declared ratified by a raajority of 17,699 votes. The election of R. B. Bullock was then pro- raulgated. The Colurabus Sun and Tinies published the following unique and significant document: " Office Superintendent Registration, ) Atlanta, Ga., May 8, 1868. ) " John M. Duer, Esq., Columbus : " Dear Sir : — Yours of 6th at hand. We w.ant affidavits proving force, fraud, intimi dation, in violation of general orders. We must have them and plenty of them. Go to work and get them up at once, " The names of the parties making the affidavits .will not be known to any person except yourself and the Board. They need have no fears ou that score. You can swear GOVERNOE brown's couese. 385 them before Capt. Hill. Please go to work " sharp and quick.'' Get Chapman and other friends to assist you. " The election in your county will be contested. Defend yourselves by attacking the enemv. " Respectfully, &c., " E. HULBURT." It was generally understood, in spite of this " sharp and quick " sort of practice, that the Legislature was Deraocratic. The National Derao cratic convention raet in New York, and nominated Seymour and Blair upon the bold platform that the new reconstruction amendments were revolutionary, unconstitutional and void. This was the issue, and a momentous one it was. It had been foreshadowed for sorae time, and the South rallied to it with a joyful exhilaration, looking to the Derao cratic party to undo Radical reconstruction and restore the governraents fraraed by Andrew Johnson. A Deraocratic President elected upon this issue would refuse to execute the Reconstruction Acts, and thus the Southern states could overthrow the reconstruction governments. Gov. Brown beUeved first, that the Democrats could not succeed on this plat form, and second, that if they did succeed it would be resisted to blood shed by the Northern Republicans, and bring continued suffering on the South. So believing, and regarding Gen. Grant as favorably disposed to the South, he thought he foresaw the only solution of our troubles in the support of Gen. Grant and the Republican party. - — Gov. Brown went to the Chicago Convention that_nominated General Grant and participated^ as_^,,dele.gate. . His. presensa,.. ,tli.Q.r„§,. created stormy commen-tary _ a-L-hoine, aTj.cLj^tracted general__a^ttentic)n . in the North. He raade a characteristic speech in the convention, bold and pronounced, that elicited a wide variety of criticisra. Jle was in favor of acceptance of the terms of reconstruction. For this he was applauded roundly. But when he announced that he could not support any policy that would put the negroes of the South over his own race, he raised a storm, and was denounced as a rebel. It was a daring utterance under all the circumstances. Reviewing Gov. Brown's course out of the pas sions of that time, and in the light of events that followed, seeing how he antagonized the extreme men of both sides, how the odious raeasures he advised to be accepted were swallowed whole after ineffect ual resistance, how he pursued the unflinching tenor of his way through a pitiless current of scalding execration, his perception and nerve were crowningly deraonstrated. It took siraply unlimited courage to support Grant and reconstruction in that day, and the man who dared do it, who was an honest man as Gov. Brown was and is, did harder work than fighting battles and storming batteries. 25 386 THE ASHBUEN MUEDEE. It has been a peculiarity of Gov. Brown, from the beginning of his public career, that he has had the firraness to lay down a course that was unpopular, and adhere to it against every opposition until its result has been tested. His course on reconstruction was a striking exaraple of this. The universal opposition to his policy by the good people of Georgia did not abate one jot of his resolution. His position in favor of Grant was one of popular abhorrence, yet he never wavered in it. But when Grant was elected, and developed a harsh spirit to the South not expected, Gov. Brown openly opposed his course. The philosophy of Gov. Brown's conduct was, that he approved of no measure oppres sive to the South, but acquiesced in, or accepted, all measures that he deemed certain of imposition upon us. His theory was, that if we could lay down our arms conquered, abolish slavery forever, and repu diate our war debts, we should swallow other bitter pills that we must take if we would get our freedom and local self-government. And believing that the sooner we took the terms offered by the conqueror, aqd the less .usejess resistance, we raade, tLe, speedier_wquld be our pqlit- ical rehabilitation, he conscientiously andunder unparalleled opposition, ^nd__with^uperliuman courage advocated such a course. The support of Grant and the prosecution of the Colurabus prisoners charged with the murder of G. W. Ashburn, were the two acts of Gov. Brown at this time, that concentrated upon hira the public obloquy of Georgians. The latter stood against hira, however, when the former was forgotten and explained. The late carapaign for Governor that resulted in the re-election of Gov. Colquitt to the gubernatorial chair, and the popular ratification of Gov. Brown's appointraent as United States Senator, has settled this raatter satisfactorily to a large majority of the unprejudiced people of the State. G. W. Ashburn was a member of the Constitutional Convention, a native of North Carolina, and had been in Georgia for fully thirty years. He had offered in the convention resolutions asking Congress to relieve our people of disabilities. He was, however, a pronounced Rad ical and an unlettered raan, and he lived with some negroes in Colum bus. He was kiUed at night by unknown parties. The murder created much excitement in the state. The military took the raatter in hand, and arrested Elisha J. Kirkscey, C. C. BedeU, Jaraes W. Barber, W. A. Duke, R. Hudson, W. D. Chipley, A. C. Roper, J. S. Wiggms and R. A. Wood. A raUitary court was organized to try them, which convened at Atlanta on the 29th of June, 1868. The counsel for the prisoners were A. H. Stephens, M. J. Crawford, J. M. Smith, J. M. Ramsay, L. J. GOV. beown's CONNECTION WITH THE ASHBUEN TRIAL. 387 GartreU, H. L. Benning and R. J. Moses. The prosecuting officers were Gen. Dunn, Judge Advocate, assisted by ex-Gov. Jos. E. Brown and Major Wra. M. Smythe. While in confinement the prisoners were treated badly and subjected to indignities. Inhuman means were used to extort confessions from thera, and to suborn evidence frora colored witnesses. The sweat boxes were resorted to at Fort Pulaski, where the prisoners were con- •fined, to compel admissions of guilt. These cruelties occurred before Gov. Brown's employraent by Gen. Meade in the case. Yet in spite of this fact the odium of this bad treatment was thrown unjustly upon him. It shows the morbid spirit of those days, that a lawyer in pro fessionally accepting employraent in the prosecution of a raurder case, should be acriraoniously abused. Weighing the evidence in the raatter fairly and dispassionately. Gov. Brown shows very conclusively that in taking part in this prosecution he was governed by proper raotives, and did a service to the public and the prisoners. He alleges that Gen. Meade eraployed hira on the con dition required by hira, that he should control the case, and that upon the restoration of civU law the case should be given up by the military authorities. His employment prevented the retention of very extreme men. The corroboration of Gov. Brown in this statement, of his agency in this matter, has been very striking. It has been argued against its credibility that during Gen. Meade's Ufe, no revelation of the explana tion was made by Gov. Brown when that officer could have verified or denied it. Major A. Leyden of Atlanta talked with Gen. Meade several times, and says that he was assured by Gen. Meade that his fears for the prisoners would not be realized. Mr. John C. Whitner of Atlanta states that Detective Whiteley, who worked up the evidence for the prosecution, told him that the understanding when Brown was employed was that the military trial was to be run over into the organ ization of the new State governraent, and the railitary court dissolved. Gen. Williara Phillips testifies that Gov. Brown consulted with him at the time upon the subject, and explained to him his object. Maj. Carapbell Wallace had an interview at the time with Gen. Meade, and that interview confirms Gov. Brown's statement. Many years ago Gov. Brown gave to Hon. A. H. Stephens and Dr. J. S. Lawton his version of this matter. A part of the charge against Gov. Brown, in this connection, was that he first sought to be employed by the prisoners for $10,000, and failing in this, took a fee frora the governraent. Mr. W. A. Bedell explodes 388 COLONEL E. J. MOSES. this aspersion, stating that he endeavored to employ Gov. Brown for the prisoners, who replied that he was already retained by the Government. The Legislature adopted the Fourteenth Araendraent on the 21st of July. Gov. Bullock was inaugurated as civil Governor of the State on the 22d of July, 1868, and on that very day Gen. Meade suspended the proceedings of the railitary court till further orders. And on the 24th of July, Gen. Meade issued a general order, reciting the welcome fact that military power had ceased under the Reconstruction Acts in the State, and that the miUtary commission for the trial of the prisoners charged with assassinating G. W. Ashburn being adjourned sine die, the prisoners should be transferred to the custody of Capt. Mills, with instructions to release them on bond. The object was accomplished, and the service rendered. The innocent men escaped and returned to their families and homes, after a fearful experience of the mockery of military government. This Ashburn raatter constitutes one of the darkest episodes of that dark day. It left a more lasting and bitter legacy of hard feeling than any event of reconstruction. It wounded Gov. Brown raore deeply than any other incident of his life, and has followed hira \vith a cruder punishment, and yet if there is anything in human evidence, he was governed by a noble motive, he sought a worthy object and deserves honor for his conduct. The whole occurrence was tragic in the extreme — the gory murder, the wholesale arrest, the torture of the sweat boxes, the despotism of an armed court, the substitution of the bayo net for the law, and the soldier for the judge, the perilous pendency of human life upon the caprice of the shoulder-strap, the bloody hunger of the clamorous mob at the north, the background of political strife seething with the unsettled passions of war, the resentful fears of an angry state — all were strong features of this throbbing picture. But of it all there was no part more striking than the long crucifixion of Gov. Brown, seeraingly an instrument of unsparing hate, but really a champion of release and civil supreraacy. There could be no raore marked demonstration of the ultiraate power of truth than the change wrought in Col. R. J. Moses. He was of counsel for the prisoners. He even refused to practice in the Supreme Court while Gov. Brown was Chief Justice. Up to 1877 he had con tinued to hold Gov. Brown in deep censure. But the light thrown upon him, tested in the judicial crucible of an unusually strong and well equipped legal intelligence, drove him to make public prof ert- of his exoneration of Gov. Brown. And it loses none of its significance A MISCONCEPTION OF GOVEENOE BROWN. 389 because he rectified the honestly entertained misconception of years in Columbus, where the unabated condemnation of Gov. Brown frowned with all the terror wielded by a sincere and virtuous public opinion. It was an act of genuine courage on the part of Col. Moses. ]\Iany worthy citizens in that section still honestly hold Gov. Brown in blame in this connection. But the marvelous transformation wrought in the large majority of our best people upon this intense question is an earnest of that corapleted correction that is coraing to him from the entire people of the State. Another charge raade against Gov. Brown at this tirae was a very serious accusation, but was so utterly incredible as to have gained no gen eral lodgment in the public mind. It was believed and used to some extent, but people generally did not heed it. It was too flagrant for belief. Inan^drgga-in Atlanta he was accused of stimulating the negroes tA resort_to__ tha.-inoendia.r-ies'-.laEch if -Xified be in furtherance_o.f_tlieii; rights. These are the words used by Goy.JBrovyn on tjint occnsinn^ and whidi_have__been_^Q.injuxio.ualjL.Jux^ " When in the history of the past, did you ever know four millions of people with the ballot in their hands, surrender it without bloodshed ? It cost revolution to give it to them, and nothing short of bloody revolution can take it from them. If you will allow thera to exercise it without disturbances, they will do it peaceably. If there are auy outbreaks and disturbances, they, I predict, will grow out of the attempts of the white race to deprive the colored race of this right, or to interfere with its free exercise. I warn you, my friends, to he cautious on both sides, how you put your lives in jeopardy and your homes and families in peril. And I especiaUy warn my own race of the extreme danger to them in case of collision. The colored people have but little, except their lives to risk in the fight, if it should unfortunately come. The white race have the sarae risk, and in addition to this, they have their property to lose. Your houses, your villages, towns and cities are all pledged to peace. Be careful then how you excite discord and bloodshed," It will be seen from a critical and dispassionate exaraination, how this language in a rancorous time could be distorted into a perversion of. its meaning, and yet there be no real ground for the damaging construc tion that was put upon it. In cooler moments of judgment, the speaker's purpose is unraistakably clear of making an argument against any vio lent attempt to disturb negro suffrage after it had been legally estab lished and practically exercised. The words, instead of being an incitement to trouble, was a very decided admonition against it. In July, 1868, two important bodies convened in Atlanta, the State | Deraocratic convention and the new General Assembly. The convention i met on the 23d, to choose Seymour and Blair electors. .ludge Augustus ; Reese was made president of the body, and the vice-presidents were ' 390 THE GREAT DEMOCEATIC CONVENTION OF 1868. Dr. R. D. Arnold, Gen. A. H. Colquitt, L. H. Featherston, John J. Floyd, B. T. Harris, Col. S. J. Smith, and C. D. McCutchen. The gathering was an unexampled one in Georgia political annals. There were 1,009 delegates from 108 counties, and nearly every leading raan in Georgia was present. There has never been a more heated time in our State politics, and the fervor was universal. It was a solid assemblage of the leaders of public opinion in the commonwealth, with one conspicuous exception, and that exception the most potential one of aU, ex-Gov. Joseph E. Brown, who stood single handed in the most unsparing public conflict of the century. Public passion has never been intenser or stormed higher, and it beat pitilessly upon Joe Brown. The convention ratified the nomination of Seymour and Blair, adopted the Democratic platform, declaring the amendments revolutionary, unconstitutional and void, and put out an electoral ticket composed as foUows : At large. — John B. Gordon, John T. Clarke. Alternates. — WiUiam T. Wofford, Thomas M. Norwood. District. — J. C. Nichols, C. T. Goode, R. J. Moses, A. O. Bacon, J. B. Cumming, H. P. Bell, J. D. Waddell. Alternates. — J. H. Hunter, WiUiam O. Fleming, W. O. Tuggle, Dr. H. Wimberly, Gen. D. M. Du Bose, G. McMillan. Many of these were new men. So many of the older politicians were disfranchised that a selection of new material was unavoidable. Gen. J. B. Gordon had been our most faraous Georgia soldier, and adding, as he did, the sweet graces of a Christian character to the glittering eclat of the successful general, he became the idol of the people. A hand sorae, noble looking person, with a soldier's carriage and air, a face full of genial chivalry like his soul, a brave, capable, royal gentleraan, Gordon was, and is to-day, as fine a speciraen of the typical Southerner as we have ever had in the South. The man has absolutely rioted in popularity. He became United States Senator under extraordinary circumstances of personal triumph. ~ Judge John T. Clarke owed his selection as elector to his having been removed as Judge by Gen. Pope. The choice iUustrates the fervent temper of the people about reconstruction, and the spirit of resistance to military tyranny that prevailed. Judge Clai-ke is one of the readiest and most accomplished lawyers and debaters in the State, possessing singular power of thinking upon his feet. He was a meraber of the last State Senate. Col. J. C. Nichols has served a terra in Congress. Col. C. T. Goode is now dead. He enjoyed the name of the " SUver Tongued Orator." Maj. A. O. Bacon has become a very prominent THE BUSH AEBOE MASS MEETING OF 1868. 391 public man, and has a bright promise before him. A lawyer of uncora raon ability, he has developed an unusual capacity for public life. His appearance is very raarked — a tall, shapely person, with a fine head and face, and a long flowing blonde beard, Maj. Bacon is a noticeable indi vidual anywhere. Repeatedly elected Speaker of the House of Repre sentatives, no one has ever Enjoyed a higher reputation as a presiding officer. His popularity in the deliberative bodies, over which he has so gracefully reigned, has been something exceptional. All of his public addresses and docuraents are finished, logical and full of thought. A recent letter of his in the American newspaper on the political situation was the finest and most philosophical discussion of public issues of the raany published by that journal. The lack of Maj. Bacon is warmth; and his defect, a tenden-oy to exclusiveness and reserve, that, in a raeasure, has cut hira frora the masses. An infusion of popular sym pathy into his very rare intellectuality will come to him and will add materially to his political equipraent. Maj. J. B. Curaraing, a brother of the gifted Julian Curaraing, to whom allusion has been raade heretofore, is a stately Spanish-looking gentleman, whose gifts of manner and speech are very attractive. He was a member of the last State Senate and one of the leaders of that body. Gen. D. M. Du Bose, a son-in-law of Gen. Toombs, was an efficient meraber of Congress several years ago. Col. J. D. Waddell is a brUliant writer and speaker, and the author of a delightful book about Linton Stephens. William O. Fleming is now judge of the Albany circuit, and a jurist of ability. Col. W. O. Tuggle has made- himself famous by his masterly prosecution of Georgia claims before the Congress at Washington. A gentleman of fine social qualities, an unusual capacity for handling statistics, and unbounded energy. Col. Tuggle will be a useful public man, if he cares to enter politics. The asserabling of the convention was made the occasion of the largest political mass meeting ever held in Georgia. Dr. J. F. Alexan der was the chairman of the Fulton county Democratic executive com mittee, and he exhibited a wonderful raanageraent in the creation and handling of this raonster affair. An iramense Bush Aeboe was con structed down in an open space on Alabama street, near the depot, since built up. The fiery addresses made on this occasion received their distinctive designation as the " Bush Arbor speeches." There was an immense torchlight procession. People flocked to this gathering from aU parts of the State. Thefour orators of JJi£jiaxJEai:e-Bpbart Toamhs; Howell Cobbj, Benjamin H. H-iUy--andr--.Raphael J^MQa£a,_ji, rare ^aijd 392 THE FIEECE INVECTIVE OF THE BUSH AEBOE GATHEEING. unequaled quartette of popular speakers. Perhaps there never has been, in the annals of eloquence, a grander display of red-hot invective than was a'iven in these memorable Bush Arbor orations. It was a sweltering day in July. Tho uncomfortable plank seats were packed. A pall of stifling dust hung over the massed throng and the swarming city. But for five mortal hours of unspeakable discomfort, the solid mass of people, with fully one-third of it ladies, sat unmin,dful of the discomfort, hanging eagerly upon the torrid utterances of the speakers. The enthusiasra, at times, was overwhelming. Every note of denun- ciation of reconstruction and reconstructionists, was greeted with deaf- ening ^applause. ,The pelting given Gov. Brown, was. ...simply .savage. There -was^ no q.ual.ifi.cation in the abuse heaped.. u23on,..,iiifl;i. When passion subsides, its fierce words, in the light of cool sense, read like extravagant lunacy. The rancorous phrases of these undeniable states raen on that mid-sumraer day in 1868, conned over in the calm reason of this far distant time, excite wonder at their ferocious exaggeration. Said Gen. Cobb: " Oh Heaven ! for sorae blasting word that I might write infamy upon the foreheads of such men ! " Said Mr. HUl: " Oh ! Give over the miscreants to the inextinguishable hell of their own conscious ness of infamy, . . Ye miserable spawns of political accidency, hatched by the putrid growth of revolutionary corruption into au ephemeral existence — renegades from every law of God,, and violators of every right of man — ye unnameable creatures ! " Such were the hard terras born of the fury of the era that were put upon raen who are to-day solid in public esteera. There is a grira les son in it all. Terapests of huraan passion, like storras of the eleraents, make cruel work whUe they last. But through their craziest fury, the great Providence of God is steadily reigning and the sun of truth pre serving its serene and omnipotent immutability. There were many vUe men engaged in the crusade of reconstruction, who merited the worst of this crimination. But there were true citizens who, uuder patriotic duty, urged siibmission to the choice of evUs, who were terribly bat tered in the unrelenting strifes of that mad epoch, and who have lived to see the reaction that always coraes in favor of right-purposed raen. Gen. Cobb, in conversation with the writer, at the rooras of the Young Men's Democratic Club, the afternoon after the speaking, alluded to his own severe invective and declared with a grave frankness that he feared that the denunciation had been unwise. The very savagery of that day grew out of the natural and honor- THE EXCESS OF VIETUOUS PUBLIC INDIGNATION. 393 able rebellion of a virtuous people's best impulses against, indig nity and wrong. The very excesses of spirit of a good community in resentment of oppression, are the best evidence of the possession of those qualities of chivalric raanhood and sensibility to injustice, with out which there can be no great national character. And the sen tiraental martyrdom of intractable zealots, violating the teachings of policy, has deraonstrated the exalted heroisra of human nature and laid the groundwork for the ultiraate triumph of truth and right. The South resisted Reconstruction under a noble inspiration. The raen / whora she crucified in that day in her splendid fury, can find vindica- 1 tion the more valuable from that fact. CHAPTER XXXVII. THE FAMOUS LEGISLATIVE EXPURGATION OF THE BLACKS. The Racy Legislature of 1868. — A Parody upon Legislation. — Its PersoneUe. — I. E. Shumate. — The Speakership. — Gen. Meade's Orders. — Mr. Chairraan Bullock, — Dunlap Scott,— B, Conley.— R. McWhorter.— J. E. Bryant.— Eligibility.— Bullock's Inauguration. — " Go it. Niggers ! " — Message. — Gov. Bullock's Administration. — Gov. Brown's Defeat for U, S. Senator. — Ferocity of Public Passion, — A Wild Scene, — The Culmination of Gov, Brown's Unpopularity, — Atlanta Jubilation, — The State Stirred. — Joshua Hill Elected Senator, — The Fanny Martin Slander.— The State Reconstructed, — Rufus E, Lester. — Sam Bard, — Ineligibility of Colored Members. — Hatred aud Picturesque Discussion. — Bullock's Tart Message. — Rebuke of Gov. BuUock,— Bullock's Opportunity. — Tiie Colored Members Ousted. — J. R. Saussy, — John Jones, — The Camilla Riot. — An Exciting Episode. — The Colored Convention, — Marion Bethune. — The Curious Effect of Democratic Opposition to Reconstruction, ^^ ,,. The Legislature assembled on the 4th day of July, 1868. The con vening of this General Asserably was an important event in Georgia history, and its deliberations and acts were a symbolical epitome of th&-^ variegated Reconstruction that sired it. It was a strange blending of farce and melodrama. It was bizarre in the extrerae, affording such an adraixture of light and shade as few legislative bodies ever exhibited. There is nothing like it in the annals of Georgia. It swept out com pletely men's custoraary notions of legislative conduct. It was at times the most roaring comedy of a day rich in the comical and the incongru ous. It was again so tragical that it almost engendered revolution. Its elements were varied and racy. Its merabership was attractively picturesque. It was an exquisite parody upon ordinary legislation, and a faithful photograph of the raost novel episode of Georgia history. The chronicles of this legislature would raake a volurae of its own. There was in it a good sprinkling of very fine material. The Senate showed such sterling spirits as C. B. Wootten, B. B. Hinton, E. D. Graham, A. D. Nunnally, M. A. Candler, W. T. Winn, A. W. Holcombe, C. J. Wellborn, J. T. Burns and J. C. Fain. Mr. Candler we have spoken of before. A. W. Holcombe was in the last Senate, and a public man of force. Col. C. J. Wellborn has lono- been THE LEGISLATUEE OF 1868. 395 a power in North-eastern Georgia; a gentleman of clear judgment and large influence, and now Judge of the North-eastern Circuit. Col. J. C. Fain has been continuously in public life, and is now Judge of the Cherokee Circuit, and a person of exceptional powers of political management. In the House were sorae raarked raen: W. D. Anderson, J. C. Nisbet, R. W. Phillips, M. Rawls, Dunlap Scott, M. Ballenger, C. C. Duncan, W. P. Price, W. M. Butt, J. J. McArthur, W. M. TumUn, J. A. Cobb, F. M. Harper, R. W. Flournoy and I. E. Shumate. Of these, Mr. Shumate of Whitfield was the most brilliant. A slender, dark-eyed, heavy-whiskered gentleman, with a clear, sweet, ringing voice of unusual compass, and a fluent flow of vivid language, he was then, and is to-day, a raost charming orator, with few equals in the State. He becarae instantly a leader in the body, and was placed at the head of one of the most important committees, that on the " State of the Republic." M. Rawls went to Congress afterwards. W. P. Price became an efficient representative in Congress, and is now a raeraber of the Legislature. He has been a very useful raan to his section, being the raain instrument in the establishraent of the fine Agricultural College at Dalohnega. Mr. Tumlin has been an adventurous figure in Georgia politics, audacious and generally successful. A very active personality, for a long time, in the public strifes of that day was Col. Dunlap Scott, who held for years a rattling sort of leadership by his boldness. The Senate stood twenty-six Republicans to eighteen Democrats, and elected Hon. Benjarain Conley, President. The complexion of the House was in doubt. Hon. W. P. Price and Hon. R. L. McWhorter ran for Speaker. The vote was taken. Mr. Price had stepped out and on returning was informed that Mr. McWhorter had voted for him, and he reciprocated the courtesy by voting for Mr. McWhorter. The vote stood then seventy-six for McWhorter, seventy-four for Price, and one for Holden. Mr. Price, upon information that he had been deceived, and that Mr. McWhorter had not voted for him, asked permission to change his vpte. The Atlanta Intelligencer says the permission was granted and the vote stood a tie. The Journal of the House states that the perraission was refused. Both concur in the stateraent that Mr. McWhorter was declared the Speaker elect. Mr. Mark Hardin, a Democrat, was elected clerk. The Constitution made by the Convention had been submitted to Congress for revision. Congress had approved the Constitution except two features, one giving relief from suits on claims except for slaves 396 • THE OEGANIZATION OF THE HOUSE OF 1868. made before June 15, 1865, and the other to force settlement of such claims by the imposition of a tax not exceeding twenty-five per cent. after the 1st January, 1868. Congress passed an Act allowing Georgia representation in Congress when she should ratify the Fourteenth Amendment and give assent to the nullification of the relief clauses. Gen. Meade issued his order declaring who were elected to the legisla ture, and also an order to Gov. Bullock to effect " such preliminary organization of both Houses of the legislature as will enable the same to enter upon the discharge' of the duties assigned them by law." Gov. Bullock had already notified the body to convene on the 4th of July. The organization, in the language of the journals, was raade by the " Governor elect as Chairraan," Gen. Meade, Judge Erskine and J. R. Parrott aiding. Dunlap Scott began that system of badgering that made him so noted. He raoved an adjournment in honor of the day, " that we should not desecrate it by wrangling over an organization." The " Chairman " refused to entertain any motion. Scott appealed to the House from the decision. . Bullock said there was no apjDeal but to the military. Scott then appealed to the military. Bullock con sulted with Gen. Meade and refused still to entertain the motion, and immediately after walked down the aisle and apologized for not putting the motion, as he was acting under railitary orders that he could not disobey. Both Mr. Conley and Mr. McWhorter have been bitter Republican partisans, and enjoyed a large share of public odium for many years on account of their course. Both are men of personal integrity, while Mr. McWhorter had and still has strong local influence. Both stand well now as citizens. Among the prominent Republicans in the body were, H. M. Turner, .1. W. Adkins, Ephraim Tweedy, J. E. Bryant, A. A. Brad ley, Tunis G. Campbell, F. O. Welch, T. J. Speer, and Jos. Adkins. Bradley and Carapbell were colored men, and vicious ones. There were twenty-eight negroes in the body. The most picturesque figure on the RepubUcan side, perhaps, was J. E. Bryant. He has been an unexam pled manipulator of the black eleraent for years, until in 1880 he was completely unhorsed. He has played a highly-colored part in all of the shifting episodes of reconstruction. No man has ever joined to the deftest pen and glibbest tongue in presenting the huraanitarian aspects of reconstruction, a keener clutch of the more practical instrumentalities that govern the untutored colored intelligence. He has been both a subtle and a bold leader of the dark element of suffrage. The Asserably was engaged until the S'^d of July in testing the eligi- GOVEENOE bullock's INAUGURATION. 397 bility of merabers under the Fourteenth Amendment. There were ma jority and minority reports and much spicy sparring over the matter. Mr. Shumate made much reputation by his able report and brilliant speech, taking and maintaining successfully the ground that all of the members were eligible. The Fourteenth Amendment was ratified and assent given to the congressional elimination of relief from our State Constitution, and on Wednesday, the 23nd day of July, 1868, Gov. Bullock was inaugurated. Gen. Meade and Staff attending, as the Executive of Georgia. The inaugural address was a short one, in which the main point was an encomium upon " that patriotic body — the Union Republican party." Mr. Conley declared Bullock Governor for, four years. The Intelligencer, describing the scene, says: " Sorae slight applause hailed the announcement, after which a voice from the end of the chamber wa.s heard to rise high above everything else with the exclamation, ' Go it Niggers ! ' This expression created a great sensation.'' The incident illustrates the embittered satirical feeling of the people. It looked as if rehabilitation had indeed come, but the manner and instru ments of its coraing were so repulsive that the public gazed on in sullen dissatisfaction, and reverted with a grim irony to the deposed Jenkins in exile with his family in Halifax, Nova Scotia. Gov. Bullock's raessage was a plain business document. The body proceeded regularly to business. Perhaps the most exciting episode of the session was the election of United States Senators. Gov. Brown had been urged by influential men out of the State in addition to many in it to run for the Senate, on the ground that owing to his peculiar attitude he could do the State more good than any other individual in the coramonwealth. While unflUichiiig in his adhesion to his unpop ular course, he felt keenly the odium that his former friends and admirers were placing upon him. In a position of such power as he would have had in the United States Senate, he could have served Georgia so beneficially, that the people would have recognized his patriotic devotion to her interest, and the purity of his inspiration in that remarkable reconstruction draraa. The writer has always deemed the act of allowing his name to be used for office in that day by Gov. Brown as the cardinal mistake of his course. It gave to his policy the aspect of interest. It lowered him from the high vantage ground he really held, and for which he would have soon gained full credit in the public mind. Sternly rejecting office, the argument for his disinterest edness would have been irresistible. Accepting office, he carried for long years a heavy burden of misconception. He really did not wish 398 GOV. BROWN DEFEATED FOE THE UNITED STATES SENATE. place. He was made Chief Justice of the Supreme Court for twelve years, yet soon laid it down. He did himself the injustice of seeming to profit by his course, when he genuinely sought the public good. He would have been far earlier in winning the public recognition of his purposes, had he have wisely declined position. The election took place on the 28th and 29th of July, and was an occasion of unparaUeled exciteraent. The Deraocratic object was to defeat Gov. Brown at any cost. The general white element of the State had focalized an appaUing intensity of detestation upon his head. Almost the single, strong old leader prop of Republicanisra in the State, the popular abhorrence of reconstruction was concentrated upon him. Gov. Brown in that fierce day was the focus of a people's hatred. The savageness of the obloquy burning upon him is incapable of description. He was the vicarious recipient of the unsparing wrath of a great com raonwealth. They would have shriveled him to ashes if they could have done so, in the pitiless intensity of their anger. It was a strange ferocity of passion, and constitutes the most remarkable experience in Gov. Brown's varied life. Few men could stand such an experience. It is equally extraordinary that it should be lived down. The joint ballot showed Brown, 102; A. H. Stephens, 96; Joshua Hill, 13, and C. H. Hopkins, 1. It was anything and anybody to beat Brown. The Stephens phalanx broke in a rushing body to Hill, and the second joint ballot showed Hill 110 votes; Brown, 94; Stephens, 1; C. W. StUes 1 ; and Brown defeated. Dr. H. V. M. Miller, on the second ballot, defeated Foster Blodgett. The election of Hill and defeat of Brown, were received in the gallery with a tornado of applause. The president ordered it cleared. Bryant, pale and excited, suggested that the police be called. Amid wild confusion, and waving of hats and handkerchiefs, the Senate retired from the Representative chamber. The city of Atlanta became delirious with excitement and coiigratula-^ ''. tions. Buildings were illurainated that night, and bonfires made. An immense assemblage was gathered before the United States hotel and 1 speeches made by Joshua HiU, Dr. Miller, Gen. J. B. Gordon, Col. 1 Warren Akin, and Col. R. J. Cowart. Said Dr. Miller, one of the most thrilling public speakers the State has ever had, in the conclusion of an impassioned appeal for constitutional liberty: " God preserve Georgia ; God preserve the people ; God preserve the country.'' The State took up the throbbing refrain of exultation over Gov. Brown's defeat, and gave back one responsive echo of universal rejoic ing. From one end of the State to the other, the result was triumph- (^'^=r-^ HO.Nr- JOSHUA HILL, SEKATOH FROM GEORGIA^ GOVERNOR BROWN MADE CHIEF JUSTICE. 399 antly claimed as a Democratic victory. In the crazy hurly-burly it was lost out of meraory, that the cherished Stephens, the overwhelraing choice of the Democrats, had been slaughtered, and that by an original and incurable RepubUcan, and the uncomproraising opponent of the war Deraocracy. It was a curious inconsistency of the fever ragino-, and the dis-illusion carae soon enough, and with crushing effect. Joshua Hill has always been a very brave and an uncoramonly honest public man. He hastened with swift candor to correct the misconception of his attitude. He coolly destroyed any Democratic fervor over his elec tion by announcing that he was elected as a Republican, and he should act as one. It was a grim piece of political retribution. Brown was never a conviction Republican, while Hill was. Brown was a chooser between evils, but HiU believed in the principles of Recenstruction. It was a complete realization of the story of the witch and the devU. In this hour of defeat, the only one suffered by Gov. Brown in his long public Ufe, Gov. Bullock, with a creditable sense of valuable service and a grateful appreciation of sacrifice endured, tendered Gov. Brown the place of Chief Justice of the Supreme Court of Georgia. It was an unsolicited proffer, and was gratefully accepted by Gov. Brown in view of his defeat for the senate. This defeat of Gov. Brown was the culmi nation of his political eclipse. It was the turning point of his long episode of proscription. Gov. Brown's adventurous career, however, was destined to have every possible phase of incident. It was during this year that the most anomalous calumny of his life was brought against him and shivered to fragments. Of all men in the world. Gov. Brown should be the last that a sensible person would accuse of gallantry with females. His life-long Christianity, his pure, domestic life, his absorption in high intellectual labors, and the very physical personality of the man, spare, nervous and bloodless, should have stamped the aspersion as utterly iraprobable. It looked, therefore, that political enmity had run to a crazy length when Gov. Brown was charged with unchaste relations with a lady by the narae of Mrs. Fannie Martin. It looked as if in the fabrication of such an incongruous calurany as this, an adventurous destiny was siraply coquetting with a draraatic life to endow it with all possible and impossible experiences. The whole basis of the charge was several letters purporting to be from Gov. Brown to Mrs. Martin, and these were declared by examination of Rev. C. W. Thomas, Rev. Dr. Wm. T.Brantley, Rev. Wm. H. Hunt, Hon. John Erskine, Judge J. D. Pope, Judge J. I. Whitaker, Judge L. E. 400 HON. RUFUS E. LESTER. Bleckley, Maj. E. B. Walker, J. H. Steele, E-. L. Jones, H. H. Waters, H. J. G. Williams and John B. CampbeU to be forgeries. Gov. Brown in his calm, effective way, published a card with irrefutable proof, de molishing this incredible accusation, and it fell by the wayside, a queer addition to the episodes of an affiuent career. On the 28th of July, 1868, the proper order was issued declaring mU itary rule under the reconstruction acts at an end in Georgia, and it seemed that we had, after a stormy voyage, reached the promised land of a sovereign restoration. But we were wofuUy mistaken. The end was not yet. Sorae of the sharpest experiences of this raongrel recon struction were yet in reserve. The following gentleraen were elected State House officers: D. G. Cotting Secre^ry of State, Madison Bell Comptroller-General, N. L. Angier Treasurer, Samuel Bard PubUc Printer. Col. E. Hulburt, who had been so conspicuous as a masterly Superintendent of Registra tion, was appointed by Gov. BuUock the Superintendent of the State Road. The notorious Aaron Alpeoria Bradley, one of the Senators, who had been expelled from the Constitutional Convention on account of conviction for seduction in New York, and sentenced to the peniten tiary, resigned from the Senate to avoid expulsion, and in his place a young gentleman was seated as State Senator who has since then filled an important place in the public affairs of the State, and whose career, if he continues in public life, will be brilliant and useful. This was Hon. Rufus E. Lester of Savannah. Repeatedly sent to the Senate by the polished constituency of his District, twice President of the Senate, and one of the leading favorites for Governor in the last cam paign, when Gov. Colquitt was elected, Mr. Lester has richly deserved his unusual enjoyment of political leadership. He is one of the promising young men of the State, and the pos sessor of ability, eloquence and decision-. Rather a small person, yet with an erect, sturdy figure and an open, characterful face, he has an unusually winning style of public speaking. His voice is silvery and resonant, his logic concise and clear-cut, and his language terse and fluent. Men have not been made firmer and more sincere than Lester. Possessing a blended simplicity and amiability of manner, he is a raost fearless and positive person. An incident will illustrate the man, and it is an incident as uncommon as it is striking. He gave a client some advice about a deed that proved, .after a stubborn litigation, to be unsustained by the Courts. Several thousand dollars of property were lost. As soon as he was able to do so. Col. Lester handed his client a .^ =^0 HON. RUFUS E. LESTER, President of the Georgia Senate. NEGRO INELIGIBILITY. 401 check for the amount, and thus re-imbursed his loss. It was a noble act of punctiUous professional integrity, and it indicated an uncomraon raan. One of the richest characters of that racy era, was Dr. Sara Bard. It wiU be long before Georgia will ever see his like. There was an unction about this draraatic coraedian of the press that we shall never have again in Georgia jburnalisra. It is difficult to portray the raan. He was very clever and companionable and had a perennial sweetness of teraper in conducting the most muddy discussions. He reveled in the coup-d'etat. His surprises were bouncing. He shot them upon the State with a luscious enjoyment. His political flops were something piquant. From the very heart of an advanced radicalism, he became without a note of warning a quadruple-dyed Deraocrat. His raastery of vitu perative paragraphing was unequaled. The governorship of Idaho tickled his ambitious fancy, but that remote wild could not seduce him frora the more civilized territory of the Atlanta post office, whose eraoluraents he enjoyed for the industriously claimed distinction of having been the pioneer in nominating Grant for President. He was one of the raost typical blossoms of reconstruction, whose unctuous meraory will linger long with the journalists of that day. The raoraentous action of this Legislature, that had a larger conse quence following it than any other, and that was the immediate cause of the imposition of a new installment of this ever-shifting reconstruc tion upon the State, was the expulsion of the negro members. The question of the ineligibility of colored men to hold office under the new Constitution, was first sprung by Mr. Candler, and in his resolution he quoted that Gov. Brown favored this view. The issue was a vital one and evoked a protracted and heated discussion. The debate upon it continued until the early part of September. A number of the white Republicans sided with the Democrats in this matter. The vote in the House stood 83 to 23, and in the Senate 24 to 11. Some of the speeches were very unique affairs. The subject provoked a picturesque variety of eloquence. The foUowing rare quotation from the speech of Hon. W. M. Tumlin will afford a vivid conception of the lively range of , this discursive discussion : " Common-sense, common reason, the welfare of the black race and of the white race, require every thinking man to turn thera out. The Constitution of the State of Georgia says turn them out. The Constitution of the United States, with all its damnable amendments, says turn them out. Therefore, Sir, if we fail to comply with the solemn oath we have subscribed to, when this House is the judge of the qualification of its members, by retaining men here who are clearly ineligible, we will be held to account for it by our constituency and our God," 26 402 GOVERNOR BULLOCK. A colored raeraber, Roraulus Moore, raade an exceedingly clear state raent of his claims' to his seat, and closed with the use of the following unique assertion: " If God is pleased with the Constitutional araendraent, yon can't change it — ^yon can't change it unless you can overcome the armies of the United States." Another colored member, G. H. Clower, is thus reported: " 'Whenever you cast your votes against us, dis nigger wiU take his hat and walk right straight out, but, like Christ, I shall come again, I go to prepare a place for them. Stop, Democrats ; stop, white folks ! Draw de resolution off de table, and let's go to -vvork." Gov. Bullock sent in a message to the House of Representatives, stating who had received the next highest number of votes, and argu ing against the expulsion of the colored members. He thus wound up his raessage: " In conclusion I most respectfully and earnestly call upon you, as lovers of our com mon country, and weU-wishers of the peace and good order of the State, to pause in the suicidal course upon which you have entered, urged on, as you are, by bold, bad men outside j'our body, whose wicked counsels have once drenched our land in blood, and whose ambition now is to ruin that which they cannot rule." The House promptly passed a resolution offered by Mr. Duncan of Houston, rebuking the Governor for interfering in a raatter in which the House was, by the Constitution, made the sole judge. Gov. Bul lock had an unexampled opportunity, during his term, to have made himself a great name and a desirable farae. He had borne a good rec ord before and during the war. He came into politics in a convulsion, and by espousing the strong side, obtained a high trust. Had he have raade himself the Executive of the people, and not of a party, he would soon have overcome the prejudices of the Democrats. But he played the partisan to the full, and it became a no-quarter war between hira and the Democracy. He soon dissolved his reliance upon the counsel of such men as Gov. Brown, and pursued the advice of the worst raen of his party. He had plenty of provocation, for the Derao crats were unsparing and iraplacable. The writer of this volurae took editorial charge of the Atlanta Constitution newspaper in May, 1869, and conducted that journal's politics during the whole turbulent period until Gov. Bullock resigned and becarae a fugitive from the State, and was therefore in close and responsible watchfulness and criticism of Gov. Bullock's administration. Never making Gov. Bullock's acquaintance in that time, and viewing his regime solely on its official raerits, without any prejudice whatever against hira, and never failing to commend . STATE TEEASUEEE, JOHN JONES. 403 what was worthy of approval, the retrospection of his terra of Execu tive incumbency shows an administration with little to redeem it. It is also equally due to truth to say that Gov. Bullock was fired by the unceasing hostiUty of a relentless opposition. How far an implaca ble warfare can justify an official in acts that call for censure, an impartial public judgment must decide for itself. Gov. Bullock was undoubtedly stiraulated by the fever of an acrimonious strife to rauch of his course that deserves condemnation. He stood faithfully to some very bad colleagues, and adhered manfuUy to his side with eyes closed to raoral considerations or physical consequences. There is no denying that he showed gameness and fidelity. The legislature ousted twenty-five colored Representatives and two Senators, and seated in their places the same number of white Demo crats. There were very strong young men among the substituted mem bers,- among them J. R. Saussy and Thomas W. Grimes. Mr. Saussy was a fine young lawyer from Chathara county, a gentleman of sprightly humor, with an industrious energy \nd a vigorous intelli gence. He had worked into a large law practice in a city noted for its able bar. Mr. Grimes has been a State Senator since, and is now the Solicitor General of his circuit. He has shown an exceptional degree of political independence, resigning his seat in the legislature to test popu lar sentiraent upon one of his measures, and winning a re-election by a handsome majority. The incident is a rare one for so young a legisla tor, and demonstrated his positive character. Both these gentlemen, as many others of the new raembers, becarae valuable legislators. Col. John Jones, the Treasurer, removed by Gen. Meade, made a report to this General Assembly, showing that he had taken with, in removal, 1426,704.27 of the State's money, every dollar of which he accounted for, principally in payment upon the public debt. Col. Jones makes these interesting statements in connection with this novel chap ter of Georgia reconstruction: " In these transactions I am aware that I have incurred the high displeasure of some, and aroused the suspicions of others ; and I was satisfied in the beginning that such would be the case ; but having taken an oath to obey the laws under which I was elected, and given heavy bonds for the performance of the duties of my office, I conscientiously felt that I had no right, while reason and honesty of purpose were vouchsafed to me, to act otherwise. Not the least gratifying circumstance since my removal has been, that although it was deeraed imperative that I should be removed, I have been allowed and trusted by the Commanding-General and Provisional Gdvernor Ruger, to carry out the course I had adopted, and preserve the credit and honor of the State, up to the surren der of the government to the civil authorities. 404 THE CAllILLA RIOT. " My personal intercourse with the provisional officers has been as pleasant, as under the extraordinary state of things, could be expected, and their bearing towards, me has been ever that of gentlemen to one for whora they entertain sincere respect. Their kindness will not be forgotten, nor shall they ever feel that their sympathy has been misplaced." In the raonth of September, during this session of the General Asserably, occurred an incident that created great exciteraent, not only in Georgia but over the whole country, and that contributed a large quota of political capital to the Republican campaigns. There has been no stock in trade so serviceable to the Republican party as the fabrica tion of Southern outrages upon Union men and negroes. The heaviest indictment made against Gov. Bullock was for his part in this so-called " slander raill " business. Frora all parts of Georgia were gathered absolutely incredible accounts of white brutality to the black, and Gov. Bullock gave these dark narratives the whole sanction of his official place. The incident alluded to was the first iraportant episode of so-called Southern outrage. The facts were these: A body of armed negroes, headed -by a raan naraed William R. Pierce, the Republican candidate for Congress, John Murphy and a man named F. F. Putney, approached Camilla, Mitchell county, to hold a public meeting. The sheriff, M. J. Poore, notified the parties that they must not hold a meeting with armed men. They persisted, a collision ensued and seven persons were killed and forty wounded. Gov. Bullock, in reporting the raatter to the Legislature, asserted that the right to peacefully assemble had been " violently and barbarously irapaired," and the civil officers of Mitchell county were wholly unable to maintain peace. He urged the Legislature to call on the President for troops to protect the citizens. Gov. Bullock's attempt to throw the blarae of this affair upon the white Democrats evoked much indignation. The arming of the negroes over the State was a notorious fact, creating alarra and foreshadowing trouble. Gov. Bullock had issued his proclamation upon this matter, adroitly ascribing what he called "the rapid spread of a disposition on the part of those who raaintain the validity of the laws of Congress, and of the state govern ments estabUshed thereunder, to protect theraselves by arras," to acts of violence by " persons distinguished for their hostility to the govern raent of the United States." With an ingenious subtlety that stirred a deep resentraent, his pro clamation was leveled at those citizens supposed to interfere with " the constitutional right of persons to asserable for political or other peace ful purpose," while for the iUegal armed bodies he merely communicated THE COLORED CONVENTION OF 1868. 405 the information that no authority had been granted for such organiza tions which were unlawful. The legislature properly declared that " the civil authorities had shown themselves able to execute the law, and there was no necessity for any military interference." Mr. Marion Betjiune made a rainority report that presented some very truthful reflections. He argued that it was apparent that the people were inflamed and divided, and he urged all parties to meet on a common ground and endeavor to provide some measure that will give peace and rest to the excited public mind. The legislature adjourned on the 5th of October, 1868. The commit tee on the State of the Republic raade a report written by the chairraan, Hon. I. E. Shuraate, which was regarded as a masterly and statesman like paper, and portrayed the political status of the white people of the State admirably. It reviewed the various steps of reconstruction with philosophical temper; it deprecated any attempt to antagonize the races, and it declared the purpose of the whites to protect the black in his rights. The style of this document was singularly felicitous and forci ble. The raerabers who took the places of the ousted negroes presented, through Mt. Saussy, a gold watch 'and chain to Hon. Wm. M. Tumlin, as the one to whom was mainly due the credit of this famous expurga tion of the blacks. A colored convention was held in Macon, presided over by H. M. Turner, consisting of 136 delegates, from eighty-two counties, which started the raovement that ultiraately ended in another reconstruction of the State. This colored convention was an important and a very melodramatic body. It held closed meetings, excluding white men. In nothing was it more reraarkable than its bitter characterization of the white Radicals who had voted for their reptilsion from the General Assembly. There were some venomous and incendiary speeches, but these unlettered men went to work to do their business of retribution and recovery of their privUeges in an extraordinarily practical way. Turner made a strong speech, declaring he would break up the legislature. He welded his sable hearers in a solid purpose. Committees were appointed for various duties, among them to memorialize Congress, and get up re ports of outrages and murders. There was something peculiarly suggestive in the assembling and deliberations of this colored convention. Mr. Marion Bethune, in his rainority report on the Carailla riot, raost felicitously stated the feel ings of the poor race in these words : " It must be apparent to the most indifferent observer, that the negro feels disappointed. 406 THE STa'te JUDICIARY OP 1868. and is exasperated in failing to obtain the political rights and privileges that he antici pated under our new Constitution ; whilst, on the other hand, much the larger portion of the white people feel that he. is claiming privileges, and aspiring to positions which he is totaUy unfit to occupy, and which they regard as degrading to the white race. Therefore, it is but natural that each party should feel a deep and abiding interest in the result of the approaching election, as each regards the success of their party as an important step in settling the dispute in their favor.'' Deeply chagrined and incensed at the deprivation of the right to hold office, the colored leaders, deserted in this valued raatter by their white allies, for the first and only tirae in the protracted play of Recon struction, self-reliantly took the bit in their own mouths and organized for a race victory. Against the whites they stood in an unqualified opposition. And they whipped their fight. Illiterate, crude in politics and farcical in aspect, they drove to triuraph. Every effort raade by the white people to stop the rush of reconstruc tion but ended in failure and enlarged the imposition of severities. The most heroic and white-motived resistance to revolutionary innova tions not only riveted them the, tighter but brought new savagery. Every stand for principle siraply clinched the changes opposed, and wrought superadded alterations. Whatever the raotive the men like Gov. Brown, who counseled acquiescence, saw in the ultimate result a strong vindication of their foresight. The Deraocratic electors beat the Republican electors, H. P. Farrow, A. T. Akerraan, T. M. Smith, John Murphy, E. J. Higbee, W. H. White head, J. E. Bryant, S. C. Johnson and J. L. Dunning, by a raajority of 44,638 in a vote of 158,596. The highest Deraocratic vote was 101,- 786, and Republican 57,195. The following judges were norainated by Gov. BuUock, and confirmed by the Senate: Supreme Court — Chief Justice, Joseph E. Brown; Associate Justices, H. K. McCay and Hiram Warner. Superior Court — J. R. Parrott, Cherokee Circuit; C. W. Davis, Westem; Gamett Andre'ws, Northern; C. B. Cole, Macon; J. R. Alexander, Southern; D. B. Harrell, Pataula; James M. Clark, South-western; J. W. Greene, Flint; J. D. Pope, Coweta; WiUiam Gibson, Middle; P. B. Robinson, Ocmulgee; N. B. Knight, Blue Ridge; WiUiam Schley, Eastern; J. S. Bigby, Tallapoosa. There was a tremendous pressure brought against the acceptance of office at the hands of Gov. Bullock, and in that day, the purest men who did take position, were exposed to animadversion. And many whom Gov. Bullock appointed, were deterred by a fear of public opinion from assuming trusts in which they could have benefited the people. CHAPTER XXXVIII. GOV. BULLOCK'S DESPERATE ENDEAVOR TO RE-ENACT RECONSTRUCTION. The Evil Effect of the Black Expulsion.— Its Cue to Congress.— Nelson Tift.— Bullock's Obloquy, — 'Wholesale Aspersion of the State. — Our Rulers Seeking the State's Crucifixion, — Georgia at the Presidential Count. — An Exciting Scene, — Ben. Butler aud Wade. — Submitting Negro Eligibility to the Courts. — W. P. Price. — Dunlap Scott. — Senator Winn. — Bullock's 'Vetoes. — The Fifteenth Amendment. — The Republicans Defeat It. — W. D, Anderson. — Foster Blodgett. — " Inflict Negro Suffrage on the d — Yankees." — State Aid. — The Battle between Bullock and Angier. — The Capitol Question. — BuUock's Illegal Advance to Kimball, — Com mittee Reports Condemning.BuUock, — The Proposition to buy the Capitol. — Post poned, — PhiUips' Resolution on O'Neal, — Republican Convention.— The Supreme Court Decide Negroes EUgible, — Bullock in Washington working for more Recon struction. — The Bureau of Immigration, — The State Fair. — The State Road. — State Troubles. — Negro Disorders. — Bullock aud Angier again. — Chief Justice Brown's Good Work. — Angler's Valuable Services. The expulsion of the negro merabers from the Georgia legislature had an iraraediate effect for evil. It renewed the fell spirit of Recon struction. It blew the slumbering coals of race conflict into a lively flame. It was' a sad error, viewed in the light of its results. It bred trouble imraediately. It gave fuel to the expiring fire of sectional strife. It was to the northern raind the use of the first note of con ceded peace to declare war. It was as if an unshackled prisoner utUized his initial moment of freedora to strike his releasing captor. Charles Sumner of Massachusetts, early in December, introduced a bUl in the United States Senate declaring that Georgia should be reconstructed The implacable Reconstruction Committee of Congress took the matter in hand. Gov. BuUock went before this potential junta, none the less proscriptive because Thad. Stevens was dead, and recommended the reorganization of the Georgia legislature upon the basis of the enforcement of the test oath, which would re-instate the negroes and put .the General Assembly " in the hands of loyal men." Senator Edmunds offered a bUl repealing the restoration of Georgia to the Union, and remitting the State back to Provisional Tyranny. This measure revived the railitary governorship. Our Senators, Joshua Hill and MiUer were vainly knocking at the door for adraission to their seats. 408 GOVERNOR BULLOCK SEEKS MORE EECONSTEUCTION. Six of our seven Representatives had been admitted to their seats in the House. Nelson Tift sent a circular to the Judges, Ordinaries and Mayors in Georgia, asking them to bear witness what was the obedi ence to law, the feeling to the blacks and northern raen and Republi cans, the desire for peace, and whether there was any necessity to destroy the present State govemment. He held up in an odious light Gov. BuUock as seeking to remand the State government to mUitary rule or to the dictatorship of a railitary Governor, with the army to enforce his edicts, on the false ground that there was lawlessness, anarchy, no protection for life or property, and a spirit of persecution of the blacks by the whites. Little wonder that Gov. Bullock incurred a scathing obloquy in this abhorred role. And it was a curious reversal of positions that Bullock was seeking to uptear and demolish the regime he had so toUed to erect, while the people sought to continue the rule of Bullock, whose instaUation they so resisted, and whose incumbency they detested. This was another of the strange phases of this kaleidoscopic reconstruc tion, inexhaustible in novel developments. It evoked a deep exasper ation, that because the Republicans had failed to get control of the legislature. Gov. Bullock and his allies should seek to pull down the very temple of our liberties, that from its ruins raight be re-erected a full Republican structure. The regeneration had been made, and as it was not a coraplete Republican dynasty that was fashioned, a re-de struction was sought in order to re-mold it. BuUock- had failed of complete power. To get it he was wUling to even undo his own work, strike down the state government, and remit a great coramonwealth to bayonet despotisra. And the worst feature of it was that the weapon of this new annihUation of state autonomy was the wholesale ascription of a brutal lawlessness to an entire commonwealth. This whole inexcusable attempt at the political re-crucifixion of a great state is a matter of cold, official fact. The journals of the Legis lature of 1869, contain Gov. Bullock's address to the United States Congress on the 7th of Deceraber, 1868, as the Executive of Georgia, gravely declaring that Georgia in her reconstruction had not complied with the laws of Congress, that there was no " adequate protection for life and property, the maintenance of peace and good order, and the free expression of political opinion," and asking congressional interfer ence with the restored sovereignty of the state whose exalted chief magistracy he held. This endeavor of our own Executive to drag down the state govern- E.XCITING SCENE IN CONGEESS OVEE GEOEGIA. 409 raent, to dethrone its raajesty, and make it a dependent military pro vince aroused a terrible indignation. It was a frightful commentary upon the evil tiraes that our rulers were raen who, in their personal arabition^, were willing to sport with the august sovereignty of the state, and degrade the very power they wielded. It was a novel ex perience in Georgia annals to see an Executive seeking the humiliation of his own commonwealth, and that by the calumny of her honor. The spirit that would invite the rude hand of inimical power to crush our liberties and dominate us with despotism, rather than witness another political party control one of the branches of our state government, was something so unnatural that the people of Georgia regarded it with the same horror' that they would have given to the crime of a parricide. All good men felt that no lover of his country would attempt such an unpatriotic and unholy work. The action of the Georgia Legislature in expelling the negro raem bers continued an absorbing subject of public discussion, not only in the State, but over the whole country. The press of the North, and Congress chattered incessantly over it. There were many lively scenes that it provoked. Congress was kept in an acrimonious turmoil. When the Presidential vote was counted on the 10th of February, 1869, Ben. Butler objected to counting the Georgia ballot. Wade said his view was that Georgia's vote should be counted if it would not alter the result, and should not be counted if it would, a decision received with shouts of laughter. A wild confusion ensued. Ben. Wade, presiding over the joint session, ordered the Senate to its own chamber. The House voted 150 to 41 against Georgia being counted. The Senate, after a lively struggle, decided in favor of Georgia. The joint session was resuraed, and the conflict was fierce. Wade ordered Georgia's vote read. Butler objected. Wade refused to hear objec tions. Butler appealed frora Wade's decision. Wade refused an appeal and ordered the count to proceed. Butler moved that the Sen ate have permission to retire. He was declared out of order. Butler deraanded that the House should control its own hall. Wade, in the midst of an intense excitement, ordered the count to proceed. Conk- ling began reading the result, but his voice was drowned by cries of order. In the deafening claraor Speaker Colfax sprang to the desk, saying the Vice-President must be obeyed in joint session, and ordered the Sergeant-at-Arms to arrest disorderly persons. Order was suffi ciently restored to read the result, when the joint session terminated. Butler offered a resolution denouncing the action of Wade and the 410 THE NEGEO EXPULSION ISSUE IN THE LEGISLATUEE. Senate. Davis introduced a resolution in the Senate declaring the con duct of Butler and other members disreputable, and an insult to the people of the United States. Butier and Binghara had a bitter debate over Butler's resolution. Binghara denounced it as a resolution of revolution and anarchy. WhUe Georgia was thus stirring up the country, she was having an equaUy lively time at home. The Legisla ture met on the 13th of January, 1869. Gov. Bullock's message dealt mainly with the disturbing problera of negro expulsion. He insisted on the Legislature undoing its work, and again assaUed the order of the State. The Democrats themselves divided upon the line of policy. Nelson Tift, one of our Congressraen, telegraphed that Grant, the President elect, favored the policy of subraitting the matter to the courts. W. P. Price introduced a resolution to this effect. It evoked a warm discussion. Such men as Dunlap Scott opposed it. He pro posed to stick to the expulsion. While he was speaking, an incident occurred that was much remarked upon at the time, Speeches were limited to fifteen minutes. When Scott had spoken ten rainutes, the clock stopped, stood still thirty minutes, and started again just as he was closing. But Price's resolution passed. Mr. Adkins introduced a resolution to re-seat the negroes. Some idea may be formed of the spirit of the Legislature frora the following reraarks of Senator Winn on Adkins' bill. " Mr, President : — The Senator frora the nineteenth, since the expulsion of the negro, looks Uke ' Patience on a raonuraent sraUing at grief.' He wants that deUcious aroma so needful to his comfort, " ' Like the vase in which roses have once been distilled. You may break, you may ruin the vase if you will. But the scent of the roses will hang round it still' " Cries of " order " were heard, and the President decided the remarks personal and out of order. To the astonishment of all. Gov. Bullock vetoed the resolution of Mr. Price, subraitting the eligibility of negroes to hold office to the courts. The resolution did not go far enough for him. He was for ripping up the whole organization, and not only re-seating the negroes, but purging the Legislature of men who could not take the test oath. And to add to the perplexities of the situation. Congress was discussing the expulsion of our representatives from their seats. The Fifteenth Araendraent was passed by Congress and carae before the Georgia Legislature in a special raessage of Gov. Bullock, on the 10th of March, 1869. The action upon this measure, which enforced DOUBLE DEALING ABOUT THE FIFTEENTH AMENDMENT. 411 negro suffrage, was strangely complicated, and on the part of Gov. Bullock and his allies in the movement of securing another reconstruc tion of the State, suggestively disingenuous. Both Democrats and Republicans split upon it. Gov. Bullock was charged by Republicans with withholding the amendment from the Legislature as long as possi ble, and with recommending its passage in such taunting language as would drive the Democrats frora its support. His policy was said to be, to secure "its defeat in order to aid his project of further reconstruction. The charge against hira was flatly raade, by the more moderate Repub licans, of duplicity in making it appear at Washington that he favored the araendraent, while he privately worked to prevent its passage. The votes in both branches strongly confirm these accusations. In the House, 25 Republicans on the first action, when the amendment was carried, voted for the araendraent, 4 against it, and 24 dodged a vote, including Gov. Bullock's fast friends, Adkins, Tweedy, O'Neal and others. On the raotion in the House to reconsider, the next day, which was carried, 17 of these dodgers voted for reconsideration. In the House a raajority of Republicans thus defeated this Republican raeasure. In the Senate, 13 Republicans, including President Conley, voted for the ' indefinite postponeraent of the araendment, and 6 against. Upon a reconsideration of the indefinite postponement, 8 Republicans voted for the passage of the amendment, 8 voted against it, and 8 dodged, and the amendment was defeated by a Republican Senate, after it had passed first a Democratic House. Gov. Bullock's friends voted against it, and raany of his appointees electioneered against its passage. The Democrats were equally divided. The leverage given to the enemies of the State by the expulsion of the negro raerabers had created a reaction, and the raore conservative of the Democrats had come to the conclusion that it was wiser to proraptly perforra disagreeable neces sities. There was some spirited discussion over the matter and some feeling speeches against it. The vote first stood in the House seventy- four and sixty-nine against the araendment. Mr. Anderson of Cobb voiced the conservative view in voting for the raeasure with this explan atory remark. " Mr, Speaker : — Passion, prejudice and pride say vote, ' No ' • wisdom and respon sibility say vote, ' Yes,' " Of the Deraocrats 42 in the House voted for the Araendraent and 56 against. In the Senate 5 Deraocrats voted for and 9 against the amendment on, its final defeat. The picture of inconsistency as to this amendment is not complete without recalling the fact that 412 THE CONFLICT BETWEEN BULLOCK AND ANGIEE. Foster Blodgett, Gov. Bullock's Achates, visited Washington, and in a conversation with Grant, the President, predicted that the Demo crats in the Georgia Legislature would support the Fifteenth Amend ment " for the purpose of inflicting negro suffrage in turn on the d Yankees." The occasion of this visit to Washington was in corapany with H. M. Turner and J. M. Sirams, two of the expelled negro members of the Georgia Legislature, to present the resolutions of the Colored Convention in Macon, to which allusion has been raade. The Legislature adjourned on the 18th of Maroh, 1869. This body had granted State aid to seven railroads, covering railUons of dollars. Heavy assaults had been made upon Gov. Bullock's manageraent of the state finances. A legislative joint coraraittee appointed to look into the matter of which M. A. Candler was Chairman of the Senate portion, and O. G. Sparks of the House, reported censuring Gov. Bullock for various unauthorized acts. They charged that over $32,000 was drawn on unauthorized . warrants. They rasped Gov. Bullock for inaugurating the expensive and needless practice of gener ally publishing proclamations of pardon, and appointments of county inspectors of fertilizers, this waste already running to over $10,000. They condemned large extra pay to salaried officers, running to $4,421, The raost animated financial battle of that day was between Gov. Bullock and Treasurer N. L. Angier over an advance made by the Governor of some $31,000 to H. I. Kimball, to heat and fix up the present capitol building. This difficulty between Dr. Angier and Gov. Bullock becarae raore rancorous with the passage of tirae, ani had a raaterial effect upon subsequent events. The war between these two officials was an important episode of that day, and involved large public consequences. It broke the unity of Gov. Bullock's adrainistration. It raade a forraidable breach in the Republican ranks, and it furnished the Democrats substantial help in fighting the excesses of that damag ing rule. This trouble will involve some aUusion to tlie change of the capital from MilledgeviUe to Atlanta, and the purchase of the capitol building, that have given rise to so much public agitation. When the Constitutional convention of 1868 was in session, the city of Atlanta made the proposition that if the capital should be located in this city, the City Council agreed to furnish to the State, free of cost, for the space of ten years if needed, suitable buUdings for the General Assembly, for the residence of the Governor, and for aU the offices needed by such officers as are generally located in the State House, and aU suitable rooms for the State library and for the Supreme Court. THE CHANGE OF CAPITAL. 413 The city further agreed to donate to the State of Georgia, the Fair Grounds, containing twenty-five acres, as a location for the capitol, or in lieu thereof, any unoccupied ten acres of ground in the city that raight be selected by the General Assembly as a raore appropriate place for the capitol and Governor's raansion. The convention, by resolution passed February 27, 1868, accepted this proposition, and in the Constitution placed an article raaking Atlanta the seat of government. On the 24th of August, 1868, the City Council of Atlanta rented from E. N. KimbaU, for $6,000 a year, for five years, certain parts of the present capitol building, for the use of the State, and by resolution tendered to the State the said rented premises. Mr. Kimball bound himself tcf have the building ready for the State by the second Tuesday in January, 1869. This building was a brick shell that had been started for an opera house, and the project had fallen through. The contract made with Mr. Kimball by the City Council did not cover the heating and lighting. Instead of exacting of the City Council the fulfiUraent of its contract. Gov. BuUock, frora October to December, 1868, advanced to H. I. KimbaU $31,000 of the State's money to heat, furnish, carpet, paint, and light the building, without reporting said -advances to the State Treasurer. In Septeraber, 1868, the Legislature had tabled a resolution in regard to heating the structure. The City Council of Atlanta regarded their contract with E. N. Kimball as complying with their offer to the State. Treasurer Angier reported the matter to the Legislature, in response to a resolution calling for the facts about the State bonds. This report drew from Gov. Bullock a tart message, charging upon Dr. Angier " a malicious atterapt to discredit the integrity of the Executive." The finance coraraittee was authorized to examine the matter. A raajority and minority report were made. Gov. Brown's opinion was asked, as to the propriety of expenditures without authority of law by the Execu tive. He replied that the practice had been for the Executive in the past, in pressing emergencies that warranted it, to pay the State's raoney without appropriation, honestly and judiciously for the public service, but that in all such cases the Governor should be prepared to assurae the responsibility if the legislature should disapprove his act. The raajority report, signed by W. H. F. Hall, chairman, de clared that there was no legal or urgent necessity for such expendi ture, whUe the Governor's motives are not questioned. The minority report, signed by A. S. Fowler, O. G. Sparks and six others, is a sharp, sententious, plain-talking docuraent. It declared the expenditures 414 THE CAPITOL BUILDING CONTINUED. unauthorized, reckless extravagance, and without precedent. It cora- raented upon the fact that there had been araple tirae -to explain the transaction, and no itemized bill of particulars had been furnished; that costly heating, lighting and furniture was not contemplated by either the city or state for a temporary capitol. The House adopted the minority report by a large majority. The altercation between Dr. Angier and Gov. BuUock grew very bitter. Gov. BuUock charged upon Dr. Angier that he had drawn interest on the public funds, receiving $356. Dr. Angier showed that he received less interest because the bank had loaned Gov. Bullock $17,000 on his private account. The City CouncU of Atlanta proposed - to confer with a joint committee to settle the liability for the $31,000. Gov. BuUock, in transmitting this request, stated in his message that he thought the City Council was responsible for the expense, and that if he had faUed to incur that cost, the Legislature would not have had a proper place to assemble. Tho resolution to appoint a commit tee was passed. The coraraittee had a conference with the City CouncU of Atlanta. The committee reported a proposition for the City to pay $100,000 towards the purchase of the KimbaU Opera House for a permanent capitol, and recommended that the State appropriate $200,000 in interest bearing seven per cent, bonds for the balance of the purchase money, the Kimballs to refund the State the $31,000, thus costing the State $169,000. This proposition was not acted upon, but postponed, and the Legislature adjourned. This building was the subject of continued trouble, which will be hereafter noted. There will never in the history of Georgia be a parallel to this General Assembly. Some of its incidents seem incredible. On the 17th of February, Mr. Phillips, of Echols county, stands responsible for the following resolution: "Resolved, That the publication which appears in the New Era of this raorning, that the Hon. J. W. O'Neal was drunk on yesterday, is infaraously false, and it is due to the coun try and to this House that it be so branded, and should meet -ft'ith the prompt con demnation of all lovers of good whisky in the present General Assembly." The report goes on to say that after a warm discussion the resolution was withdrawn. A Republican convention was held in Atlanta on the 5th of Maroh, 1869. Hon. Ben. Conley was made President. The resolutions adopted were harsh, referring to " rebel-democratic rowdies," and declaring that the State was as practically under the control qf those who spurn the Federal government as it was during the rebellion. A committee was appointed of Foster Blodgett, P. M. Sheibley, H. P. GOV. bullock's ATTEMPT TO RECONSTRUCT THE STATE AGAIN. 415 Farrow, J. W. Clift, J. M. Simms, J. T. Costin and H. M. Turner' to go to Washington to urge Congress to " carry out the desire of this convention." In June, 1869, the Supreme Court, Judge Warner dissenting, decided in the case of Richard W. White, a colored man, elected Clerk of the Superior Court of Chatham county, that negroes were eligible to office in Georgia. This decision raised the question as to whether the Leg islature should ro-seat the colored members who were expelled. Gen. A. R. Wright, editor of the Augusta Chronicle and Sentinel, sent a circular letter to the leading men of the State, asking their views upon this question. There was a pretty unanimous opinion aniong the Democrats that new elections should be ordered. The subject engaged the pubUc mind to a very general and intense degree. Hon. A. H. Stephens, Judge Wra. B. Fleraing, Col. Warren Akin, Judge J. W. H. Underwood, Gen.. A. R. Lawton, Thoraas E. Lloyd, Judge E. J. Harden, Junius Hillyer, Col. Crawford and others, supported the position taken by the Atlanta Constitution that the decision of the Suprerae Court should be obeyed, but the parliamentary raethod would be to have an election to fill the vacancies. Iramediately aftsr the adjournment of the Legislature, Gov. Bullock went on to Washington, and endeavored to take advantage of the faUure of the Georgia General Assembly to ratify the Fifteenth Araend raent, a failure due as has been stated to his own Republican friends in that body, to secure further reconstruction of the State. But no plan was desired by him except one that purged the Legislature of Derao crats under the test oath. The mere re-seating of the negroes would not satisfy these destructionists, because that still left thera without control of the Legislature. Every effort was raade to get the Butler biU through Congress before adjournraent, but Nelson Tift and P. M. B. Young and others succeeded in blocking this garae. The weapon that was raost potential in preventing the success of this measure of continued reconstruction was the passage by both branches of the Legislature of Georgia of the resolution to test the negro eligibility issue in the State Supreme Court, which Gov. Bullock vetoed, to destroy its effect in preventing his scheraes. Congress adjourned without interference with Georgia, and he and his allies returned horae baffied, but not defeated. During the suraraer and faU of 1869 every prepara tion was made for renewing the baleful design of re-dismantling the good old State. During this year a number of important State matters transpired. A 416 THE ATTEMPT AT IMMIGRATION. bureau of iraraigration was established, and George N. Lester was made Horae Commissioner, and Samuel Weil, Foreign Commissioner. The sura of $10,000 was appropriated. The printing was limited to $3,000. The salary of Col. Lester was $2,000 and Mr. Weil $3,00G. Faithful efforts were made by both commissioners, but owing to the persistent and rancorous Republican slanders against the good order of the State, no good was accomplished, and Col. Lester, finding his office unavailing for benefit, resigned it before the expiration of his two years' term. (]ol. Weil returned from Europe after fourteen raonths absence, bringing his niece with hira, and there was a good deal of raillery among the anti-immigration men over the alleged harvest of one immigrant as the result of this elaborate scheme of State immigration. The report of this atterapt at immigration showed that Col. Weil had received $3,000 salary, and spent $1,520 for printing; Col. Lester received $2,598 salary, and spent $500 for printing. Weil's expenses exceeded his salary, and Lester's were nearly one-half of -salary. The State fair at Macon, in October, 1869, was largely attended by distinguished Northern gentlemen. A negro labor convention was held in Macon in October, to organize a union to control prices of labor. The leading spirits in this body were Jeff. Long and H. M. Turner. An iramense Southern Commercial convention was held in Louisville, Ky., of which Mr. Fillmore was president. Georgia was largely represented by such raen as V. A. GaskUl, A. D. NunnaUy, D. E. Butler, H. W. HUliard, B. C. Yancey, R, H. Chilton, A. Hood, C. Howell and some seventy others. There were comraittees on every conceivable subject of practical utUity, iraraigration, a Southern Pacific, Mississippi Levees, Agriculture, Manufacture of Cotton, direct trade, and other kindred raatters. Some sarcastic journal epitomized the work of the convention in the satirical suraraary, that its chief result was the resurrection of the buried FiUraore to build continental railways by resolutions. Col. Hulburt had raade a fair administration of the State road, pay ing in to the State Treasury pretty regularly, $25,000 a month. He had an undoubted genius for the practical developraent of public re- . sources. His ideas of the necessity and value of cheap coal and iron were far in advance of the time. He steadily worked for these great ends. He was an earnest champion of the Georgia "S^^estern road that Gen. Gordon has at last put under way. But Hulburt was handi capped by his connection with 'the Republican registration and his " Sharp and Quick " repute. Even then it was said that Foster Blod gett, who was treasurer of the State road under Hulburt, was striving GOV. BROWN OPPOSES BULLOCk'S GRATUITOUS RECONSTEUCTION. 417 to supplant him as superintendent, a change that did soon come, and that was followed by a year of the most reckless and wholesale mis- manageraent and extravagance that ever raarked the adrainistration of a public trust. During this year there was a legitimate^ outcome of the pernicious Republican tampering with the colored race. A frightful negro riot occurred near Savannah, on the Ogeechee, where the man A. A. Bradley had sway. Col. R. W. Flourney, a Deraocratic member of the Legisla ture, a bright young citizen, was murdered by negroes. Mr. Charles Wallace, editor of the Warrenton Clipper, was assassinated, atid Dr. G. W. Darden, a noted Republican, arrested and in jail for the atro cious raurder, was shot. In reviewing that period, with all the bad influences at work upon the ignorant colored race, and the unspeakable provocation against the whites, one is surprised that there was not more violence. The radical regime of that day stimulated the blacks to deviltry, and fired the whites to a righteous exasperation. And the natural resentment of honest Deraocrats was evoked and used as the intended weapon of their political injury. We had suffered enough, and should have been near our rederaption. But the end was far off, and mockeries were to be enacted that were to surpass even the previous shocking experiences of this monstrous reconstruction. The warfare between Gov. Bullock and Treasurer Angier continued, growing daily raore erabittered. The Governor brought heavy suits against the treasurer. Gen. Alfred A. Terry had been assigned to railitary coraraand in Georgia, to aid in preserving order. He was in voked as a pacificator between these two belligerents. He had raade peace between Gov. Bullock and the New Era, which, under Dr. Bard, had been warring upon His ExceUency. The truth is that there was a decided schism in the Republican ranks, growing out of Bullock's reso lute proclivity to a rehash of reconstruction. The more patriotic men of that party rebeUed against it. And no man. wielded a raore powerful influence in antagonizing and eventually thwarting the ultiraate phases of this partisan monstrosity than Chief Justice Brown. His whole course was simply acceptance of only necessary and inevitable terms of evU, and condemnation of every gratuitous abomination. From all the unholy crusades of the Bullock dynasty he kept firmly aloof, and this when he was cruelly bespattered and falsely classed as one of the com mon enemy. Dr. Angier wrote a letter to the Federal Union in September, stating 27 418 DE. angier's warfare on bullock. that Gov. BuUock had paid $13,000 out of the State treasury as retain ers to lawyers, $9,000 of it in the last thirty days, of which $1,500 was to F. S. Fitch, the editor of a Griffin paper, besides large amounts to the . Attorney General, H. P. Farrow, and other amounts out of the State road funds. He also charged that Gov. Bullock was offering excessive amounts, from one to five thousand dollars of rewards. In December, Dr. Angier wrote to one of the members of the Recon struction Coramittee of Congress, in reply to a letter, stating that in the teeth of two adverse and condemnatory reports of a legislative committee upon his advance of $31,000 to the Kimballs on the opera house building, he had made a further illegal advance to the Kimballs, on the same account, of $20,000 since the Legislature adjourned. Dr. Angier charged that to cover these unlawful amounts. Gov. BuUock had hypothecated seven per cent. State Railroad mortgage bonds, that under the law were to be issued only in renewal of bonds then due. He further charged that Gov. Bullock exhausted the contingent fund of $20,000 in less than six months, and under a vague " India rubber blanket " section of the appropriation act, he had drawn nearly $100,000, the greater part in the way of patronage to buy influence. There is no doubt that Dr. Angier was the most hurtful opponent that Gov. Bullock had, and the people of Georgia owe him a deep debt of gratitude for the revelations he raade. It was indeed a for tunate antagonism for the State, this angry combat between the Execu tive and Treasurer. All efforts to heal it failed. The writer, then con ducting the Atlanta Constitution newspaper, the leading Democratic journal at the seat of govermnent, and while striving to do even-tem pered justice to Gov. Bullock, yet thundering daily at the palpable wrongs of his administration, was under obligation to Treasurer Angier for many a valuable piece of inforraation that served materially the public welfare. Gov. Bullock struck fiercely at Dr. Angler to crush him. He tried to break him down with heavy prosecutions, and sought a mandaraus to make him pay refused warrants. But the game Treasurer stood undaunt edly to his fight, and the ponderous blows he dealt the Executive, resounded over the State, and brought him many a glad acclaim from the grateful tax-payers. CHAPTER XXXIX. A BURNING^ CHAPTER OF FOLLY AND SHAME. The most notable Events of Georgia History, — Gov. BuUock Then and Now, — His Plan for Another Reconstructiou — The Central Radical Committee, — A Cruel Procla raation. — The State Indicted by Her Executive. — The Slander Mill. — The Writer's Editorial Then. — The Fifteenth Amendment Hanging on Georgia's 'Vote. — " The Gospel of Anarchy," — Bullock in Congress, — The New Reconstruction. — Bullock's Rejoicing, — The Georgia Legislature, — Farrow's Opinion, — Intimidation, — Chief- Justice Brown's Patriotic Course, — Opinions of Leading Men, — Thomas Harde man. — Cliief Justice Brown, — Warren Akiu, — The Radical Committee. — Bluff. — Attorneys Employed. — The Reorganization. — J. W. G, Mills and A. L. Harris, — The Conservative Republicans SpUt from BuUock, — J, E. Bryan. — B. Conley. — A Bitter Speech, — Harris the Autocrat. — Bold Despotism. — Pistols Drawn. — An Astounding Turn, — Gen, Terry and His Military Board. — The Soldiers to Purge the Body — Selling Beef Creates Ineligibility. — Five Members Kicked Out. — Nine teen Frightened Off. — Minority Men Seated. — The Speaker's Election a, "Vital Point. — The Bullock Men Elect McWhorter through Democratic Division and Folly. — ^Bullock's "Victory Complete. — Bullock's Message, — A New Deal and Pro longation, — The Fight Remitted to Congress, — Bnllock Goes to Washington, — A Stirring Battle, — BuUock's Discomfitur^.'^Prolongation Scotched. — Bullock's Bribery Investigation, — A Republican Corfiraittee Censure Him, — Hard Press Com ment on BuUock. — The Georgia Legislature takes another Rece,^s. — BuUock and Angier Investigation Committee, — Ccsmgress Admits Georgia at Last. Perhaps, take them all in all, the -events recorded in this chapter are the raost notable of Georgia history. They present a picture so novel that aftertiraes wUl find it hard to believe the amazing reality. It seemed as if a comical fate had in pure whimsiness sought to twist every possible travesty out of the gravest concerns of state governraent. See ing Gov. Bullock to-day, a quiet, autumnal figure moving in the streets of Atlanta, attending to the prosaic matters of cotton manufacture, one finds it difficult to recall the portly, gorgeous personage that in the year of our Lord, 1870, only eleven years ago, was the central power of a successful partisan 'crusade that dismantled our goodly State and made hira autocrat of Georgia amid the unqualified abhorrence of her virtuous citizens. Reveling in a brief enjoyment of such rule as worthy men hope raay never corae again to a proud coraraonwealth of enlightened freemen, it was a stirring culmination of this dynasty of revolution to see its head, dropping the iraperial authority in hot~haste and for years 420 bullock's ARRAIGNMENT OF THE STATE. a hidden fugitive from criminal indictrhents. Repeated atterapts to secure had failed, but finally the ex-Executive was brought to trial when years had effaced the bitterest meraories of the tirae of wrong, and criminal acquittal was given after a hard forensic fight. The proper tribunal for such public charges was an impeachment Court, which was costly, ponderous and barren, and its penalty of removal from office, pointless. The career of this official is one of the marked eleraents of Georgia reconstruction, and the simple, unembeUished record raakes a striking chapter of that unique epoch. Before Congress met in the winter of 1869, Gov. Bullock had per fected his plans for revolutionizing again our State government, that had already undergone so many shifting farces of reconstruction, that it seemed as if a grim destiny had exhausted both folly and malice in our case. On the 24th of Noveraber, a secret raeeting of the Radi cal Executive Coraraittee of the State was called. The Atlanta Consti- tutio)i gave an account of the raeeting that was never denied. Araong those present were BuUook, Blodgett, Hulburt, Farrow, Blount, Con ley, Long and others. A sub-committee, composed of Farrow, Hulburt, Conley, .leff Long and a negro, was appointed to report on urging Con gress to reconstruct Georgia again. All of this sub-committee were said to be against such action, except Mr. Conley. Majority and mi nority reports were made. The discussion in the raain coraraittee was said to be storray. Through the efforts of Bullock and Blodgett, the rainority recomraendation of Conley was sustained. Arraed with this formidable docuraent. Gov. Bullock proceeded to Washington, to work out in person his revolutionary scherae. Before going, however, he issued a lengthy proclamation, which he published all over the State, that ' both as an instrument for his destructive purpose, and as a cool, deliberate piece of premeditated malice, was never surpassed. The pronunciaraento began with these vonoraous words: " To the People of Georgia : — The recent renewal of active hostilities against the per son and property of colored citizens and white Republicans, by the organized bands of secret assassins iu certain portions of the State, seeras to indicate a concert of action and a purpose on the part of said organizations to persist in defying the civil law," With this wholesale indictment of the good order of the State, accompanied by the bold assertion, wholly unfounded, that "under the statutes at present in force, the Executive is prevented from taking active measures for the suppression of civil disorders;" he proceeded to offer five thousand dollars reward each, for the alleged ATLANTA CONSTITUTION AGAINST BULLOCK. 421 perpetrators of a long list of crimes, covering the State and including hundreds of men, and whose aggregate payment would have taken a million of dollars. And it was a sigraficant part of the chapter of these, and a host of other like extravagant rewards so lavishly offered, by this generous-handed Executive, that the alleged criminals were so uniforraly uncaught. It would be difficult to raore conclusively explode the caluranies of the public peace, so malignantly used in that day as the most potential weapon of Radical success, than by this single fact. That potential institution, the " Slander-mill," was revived in all its vigor, and outrages of every kind ground out unceasingly. The New York Times had an editorial on Georgia's condition that came in nicely as a help to the new crusade. And this was followed by a congratula tory letter frora Gov. Bullock to that journal. Gen. Alfred H. Terry furnished his quota to the scherae in a lengthy report that the state of disorder in Georgia demanded the interposition of Congress. The following earnest editorial of the writer in the Atlanta Consti tution, published on the 12th of Deceraber, 1869, reflected the feeling of the good citizens of that day towards Gov. Bullock: " Suppose that in the days when Geo, M, Troup, or any of Georgia's sons and states men fiUed her Executive Chair, the President of the United States had advised, and Congress had contemplated a blow at her sovereignty ? "Can any man doubt what would have been their course ? Every sentiment of State fealty, every impulse of patriotism, would have quivered under the peril and the indignity to our beloved commonwealth. They would have been stung by the shame of the insult, as well as concerned in the damage to her welfare. Having the interest of the State at heart, identified with her honor, and alive to the weal of her great people, they would have consecrated their lives to her defense, and engaged with an unalterable heroisra in her rederaption. " To-day, is seen the sad, piteous, sharaeful spectacle of her Executive conspiring with her enemies for the overthrow of her liberties. Plotting, scheming, bribing, truckling, maligning, toiling for her injury and abasement, he is alike bUnd to her sufferings, caUous to her dignity, inimical to her interests. " No state of facts can justify such an act in such an official. The people overwhelm ingly differ with him on great public questions involving their welfare, not his. Yet, forsooth, because his personal views are not carried out, he leaves his duty to machinate against the people for their injury, recking nothing that the governraent of a million virtuous people is demolished by the act, and anarchy and the rule of ignorance substi tuted therefor. " ' How long. Oh ! Cataline ! ' As old as time, and stamped with the imprimatur of Holy Book, is the utterance, that when the wicked are in power their people groan in tribulation. " Georgia is no exception. Her rulers are against her, not for her ; they are seeking personal aggrandizement, not the public weal ; they govern for plunder and despotic control, not for the interest of their people. 422 BULLOCK IN WASHINGTON PRESSING GEORGIA'S CRUCIFIXION. " Can Gov. Bullock wonder that he enjoys the scorn of the good ? It is not nature for men to love the enemy to their liberties and their prosperity. " He may succeed in his fell purpose, but success can bring him neither respect nor honor. It will be the triumph of reckless cupidity and unholy ambition. That man, who for personal interest can drag his country down, is a foe to humanity itself." It was one of those mysterious strokes of evU fortune that steadUy accompanied* our ill-fated State in those evil days, that just at that juncture the success of the Fifteenth Araendraent hinged on Georgia's vote. This stern necessity fixed our fate. Morton introduced a bill in the United States Senate to reconstruct Georgia, and raaking the ratification of the Fifteenth Amendment the condition of admission to the Union. President Grant, in his raessage, recommended further tinkering with Georgia. Senator Edmunds had postponed his bill to enforce the Fourteenth Amendment in Georgia, so as to allow the new raeasure a chance. Representative Shanks, in the House, introduced a bill to coraplete reconstruction in Georgia. Bullock went before the reconstruction coraraittee, and pressed the crucifixion of the gallant old coraraonwealth. The raeasure came up in the Senate, Bullock on the floor, urging the rape of his own State's sovereignty. He had taken expensive apartments, kept a carriage, and wined and dined with a royal prodigality. The State road had paid no raoney in three months into the State treasury, and the press indulged in every species of insinua.tion as to where the money went. The Senate passed the despotic measure by a vote of 40 to 9. The House then passed it swiftly. Warra debates in both houses transpired. Georgia filled a large raeasure of the public attention. Dr. Angier's letter on Gov. Bullock's financial errors was sprung in Congress, and staggered a nuraber of the supporters of the raeasure. TrurabuU and Thurman both fought the biU, and also Mr. Bayard. The New York "World's report said: " While Mr, Bayard was speaking, the author of all this rascality was sitting on a sofa iu the Senate, with folded arms and dramatic style, but he changed position repeat edly, wandered about uneasily, and finaUy took a seat by Mr, Morton, BuUock is a large, portly, vulgar-looking man of about fifty-five, wears a full, reddish beard, and a large neck-tie, with long, projecting ends." The correspondent of the Augusta Chronicle thus wrote: " BuUock has been lying around the Senate chamber all day, and seemed to be greatly interested in the discussion. Between the acts he has been gorging himself with the Senators in the lunch-room, or restaurant in the Senate, He is stiU going it with a high hand, and is spending somebody's raoney like i\-ater. He gave another supper to Con gressraen and other officials, last Thursday night, which is represented to have been a most magnificent affair." BULLOCK FEASTS OVEE GEOEGIA's DISMANTLEMENT. 423 In the House there was an even warmer time than in the Senate. Mr. Beck, of Kentucky, made a speech and had Dr. Angier's letter read, stating that the " letter had been read by himself this morning, to Gov. Bullock, so he raight contradict the charges if he could, but neither he nor any friend of his had successfully done so." Hon. S. S. Cox made a biting speech against the bill, declaring " It is the gospel of anarchy, and the philosophy of dissolution," One of the papers had this to say of Bullock's agency in the House: " Gov, Bullock seemed, in fact, to be managing the bill in the House. He was on. the floor all day, and was consulted by Butler at every stage. His presence was- remarked as being about the boldest piece of lobbying ever witnessed iu Congress." The House passed the bill by 121 yeas to- 51 nays. Bullock con tinued as accouoher to the bill, accompanying Senator Thayer, chair man of the coraraittee on enrolled bills, to President Grant for his sig nature. The President signed without reading. The National Intelli gencer published in Washington, thus records Gov. Bullock's feasting over the result: " The celebrated Cafe Francaise was the scene ou Wednesday night of a Bacchana lian feast, given by Gov. Bullock, in honor of his triumph over the people of Georgia, to the aiders and abettors of the scheme. Wine flowed like water, aud rich viands were greedily devoured ; in the midst of which the company gloated in fiendisli triumph over the vengeance they had wreaked upon an unhappy and defenseless people. What mattered the expense? The people of Georgia would be raade to foot this and many other bills of like nature. With his hands to the elbow in the State Treasury, Mr. Carpet-bagger Bullock can well afford to be sumptuous, and to dine and wine, and feast and flatter the men who have done his bidding on the floor of Congress. Whether or not he has inaugurated a, gift enterprise, in which these servile and traitorous Congress men are to participate, we cannot say." The act directed the Governor of the State of Georgia by proclaraa tion to convene the legislature. Members must be required to take an oath that they had not shared in the rebeUion after holding an office, or that they had been relieved by Congress. Any one taking a false oath should be punishable for perjury. Any one hindering a meraber from taking the oath or acting as raeraber after taking the oath, would com mit a felony. The exclusion of merabers for race or color was forbid den. The Governor was authorized to call for the railitary. And the ratification of the Fifteenth Amendment was required before senators and representatives could be admitted. It was a curious piece of legislative inconsistency, and evoked some scathing criticism. The validity of the Fourteenth Araendraent was par tially resting on Georgia's ratification as a State, and yet she was declared 424 GEOEGIA PEOFOUNDLY DEPEE3SED. not a State, while the said ratification was claimed as good. The State was not allowed to b'e a State, and yet its ratification of the Fifteenth Amendment was sought, the act of a State, before it should becorae a State. Such a blaze of political incongruities will find no parallel. Gov. BuUook called the legislature to convene on the 10th of .lan- uary, 1870. In entire lack of authority from the act he signed this proclamation as " Provisional Governor." Gen. Terry was announced from Washington as commander of the district of Georgia, under the Reconstruction Acts, instead of as Department commander, in order to give him civil authority. The action of Congress excited a profound feeling. The year 1870 began in deep gloom for the people. The apprehension of calamity was wide spread and universal. While men had become wearied in their very powers of indignation at the recurring oppressions and caprices of reconstruction, they felt keenly this last stroke and regarded Bullock and his allies in the abhorred work with an intense loathing. Yet never did a people deport themselves with raore dignity .and patience. The new reconstruction act had been drawn with great shrewdness' and forethought. The clauses iraposing the penalties of perjury for a false oath, and raaking it a felony to hinder raen taking the oath, were raeant, the one to intimidate Democrats, and the other to strengthen timid Republicans. But by a curious reversal of results the felony clause was vigorously used to check the radical effort to alarm the Deraocrats frora taking the oath. Gov. Bullock iramediately called upon Col. H. P. Farrow, the Attor ney General, for an opinion, who gave a sweeping one, that no officers, from Notary Public up, could qualify theraselves. And to clinch this ruling, he got an approval of it from Gen. Terry. The whole policy was to deter and frighten enough Democrats frora taking the oath under fear of a prosecution for perjury, to give in addition to the negro members, enough Republicans to control the Legislature. And it wiU be seen that this policy was pursued to success under the raost audacious assumptions of unauthorized power, and daring disregard of rights and law. The Democrats saw the drift and set to work to reraedy it. , A committee composed of raerabers of the Legislature, including both Deraocrats and a few conservative Republicans, addressed a letter to Chief Justice Joseph E.' Brown, who had opposed every scheme of unnecessary reconstruction, asking his view of the principle urged by Farrow that Notaries Public, Road Commissioners, officers of the GOVEENOE beown's LETTER AGAINST THE CONSPIEATOES. 425 militia, officers of municipal corporations and State Librarians were disquaUfied from being members. Judge Brown responded, giving his opinion, as questions about disabilities of Legislators could not come before him as Chief Justice for adjudication. He made a strong, unan swerable argument, squarely antagonizing Col. Farrow, and demonstrat ing that none of these officers were disqualified frora being raembers. The paper was a very able one, and had great weight. It was a heavy blow to the Bullock wing, and gave them a good deal of trouble. Col. Avery, editor of the Constitution, addressed a circular letter to a number of leading men, asking their views upon two points: " 1. Upon the legal scope of the bill (the late act of Congress to promote the recon struction of Georgia), and the full extent to which the General Asserably can go under its provisos in disturbing the present State government, " 2. What is the course that patriotic members of the Legislature should pursue for the interest of the State.'' Some of the responses were very striking papers. Perhaps the most remarkable of them all was from Hon. Thoraas Harderaan. It was both a brave and an exceptionably able document. He put some very unpleasant truths in fearless language. He said Democrats must quit defying Congress, stop the foolish non-action policy, cease driving men into the Republican ranks by denunciation, and adopt a kind and con ciliatory course to the blacks. The reply of Chief Justice Brown urged that the legislature submit to the inevitable and proraptly ratify the Fifteenth Araendment. Negro suffrage was already a fixed fact in Georgia. This Araendraent made it a certainty in the North. The objection urged against the Chicago platforra, on which Grant was elected, was that it approved negro suffrage as good enough for Georgia, but not good enough for Ohio. Why should Georgia be shut out frora representation rather than impose negro suffrage upon those who put it on us. Judge Brown placidly referred to the verification of his prophecies of harsher terms for rejecting the original reconstruction, and condemned the policy of non-action. He intimated his perception • of the purposes of the charapions of additional reconstruction in these significant words: " Many patriotic citizens believe they see in the present moveraent scheraes of per sonal arabition and personal gain at the expense of the State, If they are right, it is all important that every friend of Georgia, who is iu a position to serve her, should be at his post, to protect the public property, the public credit, and the pubjic interest." Gov. BuUock made the blunder of his administration when he cut loose frora the calra,' conservative, firra counsel of Gov. Brown. He 426 ATTEMPT TO INTIMIDATE DEMOCRATS. would have been kept in the rut of a safe, capable and honest govern raent. He had the chance to raake an administration of unprecedented power and popularity. As it was he drove the conservatives of his own party away from him, he incurred the righteous hatred of his opponents, and he steered the stout old vessel into the storm and upon the rocks. Col. Warren Akin in his letter declared the expulsion of the blacks and the seating of the next highest members to be raistakes. He urged all eligible raembers to attend and vote against the Fifteenth Araend raent. Gen. Wra. M. Brown said the law was irresistible, and the Democratic merabers should conform to its requirements. Judge Lin ton Stephens, in a letter of great power, urged non-action. The Demo cratic Executive Coramittee met and conferred with a large number of outsiders. The committee urged attendance, but gave no advice about the Fifteenth Araendraent. Col. Nelson Tift urged the ratification of the Fifteenth Amendment. The Radical Central Committee convened and organized an aggres sive campaign of daring bluff. They declared that there were fifty ineligible Democrats. It was announced in the papers that the law firms of Lochrane & Clark, Dougherty & Culberson, and J. L. Hop kins had been eraployed to aid A. T. Akerman in prosecuting such alleged ineligible members for perjury, if they dared to take the oath. Judge R. H. Clarke and W. Dougherty denied such employraent for themselves as individuals. Judge Hopkins acknowledged the employment, but disavowed any purpose to be a party to any political persecution. The Deraocratic Executive coramittee met this with a counter decla ration, that able counsel would be eraployed both to defend raerabers thus prosecuted, and to prosecute for felony those who should seek to hinder thera frora qualifying. It was a novel feature of the political situation that there should be this sort of cross-play of threatened pros ecution. Gov. Bullock subtly offered to aid any, who raight be in •doubt of their eligibility, in getting relieved by Congress of their disa- bUities. Every effort was raade to stiffen the backbone of the Demo crats, but in spite of it all the Bullock strategy was partially successful. There never has been and never wUl be seen in Georgia annals such another wretched, humiliating, arbitrary, lawless farce as the reorgani zation of that Legislature, beginning the 10th day of January, 1870. That body had undergone two transformations. It was to pass through a third, that violated decency and shocked every principle of law and bond of precedent. It was the vilest travesty of legislative propriety A FOREIGN STRANGER ORGANIZES THE HOUSE. 427 ever perpetrated in any tirae araong any people. It had neither the semblance of law nor chivalry. It was a mockery of both legal and military honor. It was marked by the brutality of the sword and a jeering contempt of the statute. It kept up a repulsive comedy of blended civil and soldierly harlequinism. It excited the derision of even its supporters. It elicited the hot scorn of its eneraies. It evoked the disdain of everybody. Men of respectability absolutely looked on aghast and bewildered at the cool audacity of the nameless outrage. It was a profanation of everything sacred in government. It sprung upon the country a succession of surprises as fantastic and indefensible as would be the pranks of so many irresponsible monkeys. These are strong words, but not overdrawn. The conservative portion of the Republicans branded the outrages openly, while a congressional report of a Republican House officially rebuked the whole proceeding. When the raerabers asserabled. Gov. Bullock selected J. G. W. Mills to organize the Senate, and A. L. Harris, one of the eraployds of the State road, to organize the House. Harris was a westem raan of enor mous corporosity, weighing three or four hundred pounds, a cool, humorous, dry-witted, careless giant, indifferent to abuse, keenly relish ing the absurdities of the situation, and equal to any emergency. No attack could ruffle, and no inconsistency of order disconcert him. He was an admirable selection for the odious and perplexing service needed. He obeyed orders implicitly, and held to his arbitrary rdle 'with a fine blending of pluck and fun. The organization was run along capriciously to suit the exigencies of radical necessity. Bullock hoped that he had terrified enough Democrats off, with the re-seated ¦ negro members, to give an easy and safe Radical majority. The open ing not only showed the Democrats unfrightened, but there was quite a sprinkling of the more moderate Republicans, headed by J. E. Bry ant and Caldwell, who refused to go with the extreme men of their own party. This was an alarming surprise, but it was met daringly by Bullock. His resolve was to have no organization until he could get such a one as he wished, and this programme was carried out to the letter. It was the richest puppet show of the age. The proceedings were interrupted and adjournments ordered at any time. For days the farce was run of a fat, jolly Westerner, a foreigner to Georgia institutions, a paid subor dinate of the State railroad, organizing a sovereign Asserably of Georgia Legislators at his iraperial caprice, backed by Terry's bayonets, setting aside parliaraentary law and the remonstrance of representatives. 428 SENATOR JOSHUA HILl's IRONICAL SPEECH. with a sportive sneer and an unappealable absolutisra. Such a specta cle has no parallel save in the fantastics of reconstruction. The Hon. Joshua Hill in the United States Senate, in April, 1871, in a powerful speech against the adraission of Foster Blodgett as United States Senator, raade the following graphic reference to this outrage, which shows that even an honest Republican sentiraent revolted from it: " There is a good deal of curious history about the assembling of that Legislature under the act of Congress of December, 1869, It was a very memorable occasion in Georgia, a most reraarkable event in its history. I happened to be a spectator of sorae of the scenes that occurred there. They were curious ; aud if it had not been for the gravity of their consequences, they would have been ludicrous enough to have tempted the pen of a Cervantes or the pencil of a Cruikshanks. Why, sir, there sat on that occa sion, with the representatives of the people called together under this Congressional act, a great '' ton of man," from the State of Ohio, I believe, or somewhere else, who, enthroned like another Falstaff, acting the part of King Henry I'V. before his profligate son, overawed and thundered into silence the representatives of the people. Who was he and whence came he ? " Mr. Sherman — ' If that gentleman was frora Ohio, I should Uke to know his name.' "Mr, Hill — He is big enough to come from Ohio, from Porkopolis, or anywhere else. His name is Harris, Mr, Blodgett had been appointed, by the Governor of Georgia, Superintendent of the Western aud Atlantic railway. As I am informed, Mr. Harris was the Supervisor of that great public work, appointed by Mr. Blodgett, and by some hocus-pocus, he appeared there on that occasion to organize this Legislature, taking his chair of State, and looking as I fancy Norbury did when he rode the bloody assizes in 1798. " Men looked amazed and aghast. If there were ever KuKlux in Georgia, it occurred to me that that was about the time they ought to have showed themselves — when a stranger, a raan wholly a stranger to the Legislature, and almost to the whole people of . the State, appeared there, and occupied the chair of the Speaker, thundering out his edicts to the representatives of the people, ordering them to disperse and begone to their homes, adjourning them at his pleasure and caUing them back when he pleased, and these obedient servants of the people going and doing his behests ! Why, sir, the scene was pitiable," The Senate swore in swiftly, and Benjamin Conley was elected presi dent. While the members were taking the oath, printed protests were offered by the colored Senator Campbell, against a nuraber of Derao cratic Senators qualifying, and the same thing was done in the House by O'Neal. It was confidently relied that the fear of prosecution for perjury by the Democrats against whora the protests were filed, would frighten them from qualifying, and it was a significant fact that negroes were selected to present these protests which really made their authors liable to prosecution for hindering merabers frora swearing in. But the garae failed, and a change of tactics becarae necessary. Mr. Conley, in his address on taking the presidency of the Senate, raade as STORMY SCENES. 429 bitter a speech as was delivered during the whole reconstruction era. He denounced the good order of the State, savagely assailed the Demo crats and intensified its hot blaze of rancor with this extraordinary utterance : " The Government has deterrained that in this republic, which is not, never was, and never can be a democracy, that in this republic Republicans shall rule." It must ever be among the unexplainable anomalies of that time that a man Uke ^Ir. Conley, of evident and acknowledged personal integrity, should have become so warped, and said, and lent hiraself to, such grave deviations alike frora good feeling and public right. It illustrates to what extreraes worthy raen can go in partisan conflict. In the House there was a Uvely tirae the first day. Harris refused to answer questions upon points upon which he was unloaded, and ¦ curtly nipped off suggestions. Bryant, before he was sworn in, objected to reading Col. Farrow's construction of the Georgia bill. Harris called hira to order. Bryant declared Harris had no authority to be where he was. Harris ordered the sergeant-at-arms to arrest Bryant. Bryant refused to be arrested, declaring this was an attempt to intiraidate members. Hinton and a son of Foster Blodgett attempted' the arrest. Great exciteraent prevailed. A negro drew a pistol on Bryant. There were sorae violent harangues. Order was at length restored, and the swearing proceeded. At length Bryant raoved that J. H. Caldwell be raade chairman of the meeting. The motion was carried in a storm of applause. Bryant started with Caldwell to the chair, but Caldwell got alarmed and drew off. Dunlap Scott nominated Bryant for chairman, which was carried. Bryant mounted a chair,' and a motion being raade to adjourn until ten o'clock the next raorning, he put the motion which was carried, and he declared the House adjourned. He appointed Caldwell, Scott and Osgood a coraraittee to wait on Gen. Terry. Harris, cool and undis turbed, proceeded with his call of the roU. The committee returned from a conference with Gen. Terry, who said that the attempt to read Farrow's opinion was wrong. Harris refused to let the committee report, and when he was charged with treating Gen. Terry with disrespect he ordered Scott to take his seat. Harris carried his authority with a high hand. A messenger came in frora the Executive departraent, and whispered to him, and he adjourned the House. A Radical caucus was called to consider the situation. Another raatter that created a lively comment was, that the proceedings were conducted with closed doors. 430 A MILITARY COURT MARTIAL TO PURGE THE LEGISLATURE. and parties had to get printed tickets of admission. And between sessions Bullock kept the rolls of the House. But matters took a most startling turn when the roll of the House was nearly finished. Between the Conservative Republicans and the unalarraed Deraocrats the control of the Legislature by the Bullock raen was in doubt. The strategy resorted to -was desperate indeed. Like a clap of thunder in a clear sky, an order was plumped into the General Assembly, on the 14th of January, by Bullock, approved by Gen. Terry, directing a recess until Monday the 17th, after the roll-call was finished, . for inquiry into the eligibility of certain raerabers. And following right on, taking the people's breath away, was a military order from Gen. Terry, creating a board of officers, composed of Maj. Gen. T. H. Ruger, Brig. Gen. T. J. Haines and Maj. H. Goodfellow, to inquire into the eligibUity of Senators W. T. Winn, J. J. CoUier, A. W. Holcombe, W. .1. Anderson, B. B. Hinton and C. J. Wellborn. When this astounding turn was given to affairs, it raay well be iraagined how the public quivered in its indignation. This was recon struction with a vengeance. The setting up of an absolute autocrat in the person of the gigantic Harris, to tyrannically twist as he pleased the organization of the elected representatives of a free people and a great coramonwealth, was a revolting usurpation. But great as was this wrong, it paled before the enormity of flagrantly violating the very law under which the reorganization was proceeding, which made every member the keeper of his own conscience in taking the oath, and of seeking to purge the Legislature by a court martial. The law prescribed indictment in the Federal Court as the remedy for any perjured qualification of members. And yet here was the bayonet invoked to mutUate the Legislature and thwart the solemn rights of the people without a shadow of authority. It seemed as if this rang ing abomination of reconstruction was to invent and enforce every iniquity and fantasy in the scope of an unbridled and malignant inven tion. And not the least curious thing of it all was that this miserable business of a crazy tampering with rights and laws, whUe evoking the derision and contempt of everybody, and whUe condemned and repu diated by Congress itself, was permitted to stand in its wanton exclu sion of legislators frora their constitutional rights. Such crimes against the governraent were like the defilement of sanctuaries. Our people shuddered and suffered them in impotent horror, and bestowed upon Gov. Bullock and his coadjutors in the feU work an immeasurable loathinff. LEGISLATORS EXPELLED BY TIIE MILITARY. 431 The Senators had as counsel before the Military Board, John Collier, R. H. Clark, and George N. Lester. They made a protest against the jurisdiction of the Board. Attorney General Farrow conducted the prosecution. After getting through with the Senators, the Board took up the Representatives. A committee of the Legislature applied to Gen. Terry to allow the Court to determine the questions involved. The Legislature was adjourned to a later date to await the investiga tion. The Board raade the reraarkable announcement, after a while, that while it could compel witnesses to be present, it had no authority to force members to attend. The tremendous public odium against the proceeding was having its effect. Senator Morton in a speech denied that President Grant had authorized the Board. Gen. Sherman said that Gen. Terry might have appointed a board of three citizens as well as a board of officers, but still the mischievous and illegal commission pursued the tenor of its way. And only Deraocrats were the objects of its inquisition. On the 25th of January, 1870, Gen. Terry sent in his order to the House to the effect that R. A. Donaldson, E. M. Taliaferro and J. H. Nunn were ineligible, and prohibited them from qualifying, and that J. B. Burke, J. A. Brinson, A. T. Bennett, A. M. George, David Groff, W. J. Hudson, D. Johnson, H. C. KeUogg, J. W. Meadows, J. H. Pen- land, R. C. Surrency, J. R. Smith, H. WiUiams, J. C. Drake, J. T. Ellis and J. M. Rouse, having refused to take the oaths, and having filed with Gov. Bullock applications for relief of their disabilities by Con gress, admit thereby their ineligibility, and were therefore prohibited from taking their seats. On the 28th an order was issued declaring Senators W. T. Winn and W. J. Anderson ousted, and E. D. Graham and C. R. Moore ineligible because they had failed to qualify, and filed applications for relief. Senator J. J. Collier had taken the oath, but applied to withdraw it, and. filed his application for relief, and was therefore declared ineligi ble. Senator Winn had sold some beef to Confederate soldiers, for which he was deprived of his high trust as a State Senator. Certainly it would be difficult to find a better Ulustration of the tragic siUiness of this high-handed procedure. The result was that five Senators and Representatives were kicked out under this bayonet process, and nineteen frightened from taking their seats. And raonths after, a correspondent of the Augusta Chron icle reported that sorae of the applications of the credulous gentlemen who had filed their applications with Gov. Bullock for relief from their 432 bullock's victory complete. disabilities, were lying in the Executive office. The mingled game of intimidation and relief had been partially successful. The next step in the programme was learned from the Democrats themselves, and that was seating the next highest candidates. Gov. Bullock recomraended this, afraid to run the gauntlet of an election. The highest were seated. There were vacancies, but the Executive withheld orders to fill them by election for months. The next battle was over the election of a Speaker of the House, and an iraportant one it was. With a friendly presiding officer the Demo crats had much to gain. Here, with an inexcusable blundering, they threw away the chance. Bryant was selected as the candidate of the Democrats and Conservative Republicans, and was defeated by R. L. McWhorter, because ten Democrats refused to go for Bryant. Five of them, Harrison, McArthur, Parks, Radish and Smith voted for Mc Whorter. V. P. Sisson threw away liis vote on John Sraith, and Rawls, Irwin, TuraUn and Welchell voted for Price, who refused to be a candi date. A personal collision occurred between J. E. Bryant on the one side, and the Blodgetts, Tweedy and Fitzpatrick, in which they bruised Bryant. The victory of Bullock was coraplete. He had absolute control of . the legislature. Thirty-one negroes re-seated, and twenty-four Demo crats ousted and Republicans in their places made the General Assem bly overwhelmingly Republican. There was an under-current of raove ment running along concurrently with the public events that would be very interesting. The restless conflict of secret chicanery, the partial successes on each side, nipped untimely, would make a readable chapter. There is no doubt that Gov. Bullock's bold usurpations endangered his official tenure. Several times the Democrats, by unity, had in their grasp control of the situation. Every conceivable influence was brought to bear to destroy the compact integrity of the Democratic organiza tion. And sometimes honest weakness was as damaging as venality. Nothing will better show the spirit of the men controlling this body than the offering of a resolution, that only those reporters should be allowed to be present that gave fair reports. Gov. Bullock sent in a message to the legislature that foreshadowed the balance of his comprehensive and revolutionary programme. He was certainly playing a bold and desperate game of arabition. The message was an able one, but bitter as gall. It slandered the peaceful ness of the State to the full. It argued that the State was simply a miU tary province, with a provisional government existing by caprice. The EXTRAORDINARY RECONSTRUCTION STRUGGLE. 433 whole purpose of the raessage was to secure new United States Sena tors, and pave the way for getting Congress to prolong his terra, and the term of the legislature two additional years. He advised the rati fication of both the Fourteenth and Fifteenth Amendments, though the Fourteenth had already been ratified. But his theory was that there had been no reconsl^ruction, that the first ratification was invalid, and that every thing raust be done over again. The obedient legislature, in spite of Democratic protest, ratified the Fourteenth and Fifteenth Amendments, and the expurgation of the Relief clause in the Con stitution, and adjourned until the 14th of February. On the 15th of February the body elected a new batch of United States Senators. R. H. Whitely was elected in T)i. Miller's place, until March, 1871, and H. P. Farrow in Joshua Hill's place, untU March, 1873. The duty of select ing a senator for the terra ending March, 1877, belonged properly to the next General Asserably that would follow this one. This body was not to be chouselled out of the privilege, and elected Foster Blodgett Sena tor for that long term. The legislature then adjourned on the 2nd, un tU the 14th of February. This extraordinary reconstruction struggle was transferred to the Halls of Congress, and the new phases upon a national arena were among the raost notable of this racy farce. Bullock hurried to Wash ington on the adjournment of the legislature, to engineer his scheraes in person. He had been raarvelously successful before. He was des tined this time to some hard defeats. Men cannot always succeed in the wrong. The Judiciary Committee was instructed to inquire whether the Georgia Legislature was organized properly. Bullock had an uphill time. He found the set of things against hira. Bryant, Osgood and Caldwell were there opposing hira actively. Bullock had Blodgett, Tweedy, Conley, John Rice and Judge Gibson giving him aid. He finaUy left in disgust, and Judge Gibson raade an arguraent for hira before the committee. The legislature re-assembled on the 14th, elected Senators as we have stated, and adjourned on the 17th of February untU the 18th of AprU, 1870, to await the action of Congress. Gov. Bullock returned to Washington to resurae his raoraentous fight. He went at it with his gloves off. He invoked every influence that could purchase or win. The Slander MiU was put vigorously to work. He sought every aid possible. He argued before the com mittees. He enlisted every legislative power. A correspondent of the New York "World reported that his expenses were $100 a day. The 28 434 BULLOCK DEFEATED IN THE HOUSE. matter excited a national interest. The ratification of the Fifteenth Araendinent was being delayed for the passage of the Georgia bill. There was no longer any raotive to deal any farther harshness to Georgia. The credentials of Whiteley and Farrow were presented in the Senate and withdrawn. Hill and Miller having been elected before the negro members were expelled, there was a decided disposition to seat them. The main fight that Bullock was raaking, however, was to have the whole thing declared provisional with a view to removing objectionable officers who had condemned the extrerae measures of the Bullock dynasty, and get Congress to make the terra of the dynasty begin with restoration to representation. It was a heavy blow when the House Committee reported against every act of the re-organization of the Georgia Legislature. It condemned the use of A. L. Harris, the seat ing of the next highest candidates, and the reference of the question of eligibility to the Military Board. A warm discussion ensued in the House. Arid finally the action was a grave defeat for BuUock. The bill was passed restoring Georgia with an Amendment of Mr. Binghara preventing interference with officers or prolonging terms. The bill went to the Senate, and the struggle over it there was long and severe. The crushing disaster in the House nerved Gov. Bullock to renewed efforts. The man's persistence, resources and savagery, were phenom enal. His gameness was worthy of a better cause. He enlisted Forney's paper to champion his project, paying his establishment $4,459 for work and services. He had a delegation of the negro members of the Georgia Legislature to visit Washington, and file a protest against the Bingham Amendment, to whora he advanced $1,400 for expenses. He induced the negro Senator Revels to raake a speech against it. He got up a large meeting in Washington. His expehditures in Washington ran to $14,500, as elicited by the United States Senate investigating committee, that was appointed to look into certain charges of bribery that were raade, of which he showed the coramittee a considerable part spent on private account. His hotel accounts alone were $1,868 for a few weeks, as testified by the proprietors of WiUard's hotel. The gravest raatter connected with this painful Georgia episode in the United States Senate was, that the investigating coramittee, Messrs. Trumbull, Edmunds, Conkling, Sherman and Carpenter, reported evi dence showing that iraproper means had been used to influence the Senate on this Georgia measure. Mr. James Hughes swore that Lewis REPUBLICAN CONDEMNATION OP BULLOCK. 435 Porter, assistant postmaster of Washington, told him that $10,000 of Georgia railroad bonds would be " put up " to influence the vote of Senator Carpenter on the Bingham Amendment. H. M. Atkinson, a son-in-law of Senator Tipton, swore that a man named Gibbs offered to give $1,000 if Tipton would vote against the Bingham Amendment. Two members of the committee, Stewart and Rice, dissent from the majority of the committee in censuring Gov. Bullock. This revolting raatter created a profound sensation over the whole country. The press dealt with Gov. Bullock severely. The New York Herald pronounced it an " infaraous attempt to influence legislation." The Philadelphia Age spoke of the " Georgia Conspirators." The Chicago Times characterized the developments as "scandalous facts." The Chicago Tribune, the leading Republican journal of the North-west, was very pungent, declaring the connection of Forney's Chronicle with the affair, " disgraceful to journalism." The New York Commercial Advertiser, another Republican journal, thus discoursed: " The people of the United States are just about sick of the narae of Bullock. A Senator remarked last week that Congress had ' Bullock on the brain.' " Sumner, Hamilton and Morton were the leaders on the BuUook side, raaking bitter speeches. Morton especially delivered a truculent, bad- spirited enunciation. Senator Hamilton of Texas, closed his speech by saying, that the people of the South were the " raost blood-thirsty set of cut-throats God had ever perraitted on his foot-stool." The reporter stated, that " Gov. Bullock of Georgia and Gov. Clark of Texas shook hands with Hamilton on his conclusion." The Constitution raade this commentary upon this incident: " The thoughtful and fervent lover of his State sees matter for amazement in the affair under any po.ssible supposition creditable to the man. An honorable and patriotic spirit, giving credence to a state of public disorder that hard facts would not let him disbelieve, would mourn over the sad state of things, and seek its correction in a remedy that carried as little of shame to his people as possible. The exultation he exhibited over the mendacious expositions of the man Harailton, finds a parallel alone in the ribaldry in which a drunkard raight indulge over the grave of his father. "Let us turn the leaf over one of the raost sickening pages of Georgia's history," Edmunds, Norton, Carpenter and Ferry made biting speeches against Bullock's scheme. Senator Norton said: " When we are told that the Ku Klux Klan are ravaging that State, the Governor of that State is here in the Senate chamber, lobbying and log-roUing to keep hiraself and his friends and his political party in power. Sir, let him go home ! " Senator Edmunds gave Gov. Bullock a severe punishment. Senator Ferry also used some very harsh terms in denouncing the raeasure. 436 BULLOCK EETUENS HOME SMARTING. Schurz and TrurabuU followed in able speeches against the iniquity. The Senate passed, April 19, 1870, a substitute for the whole matter, which recited that irregularities had existed in both organizations of the Georgia Legislature, and declared the governraent of Georgia pro visional to continue under railitary rule, but that a new General Assem bly should be elected on the 15th of Noveraber, 1870. The bill thus changed, went back to the House. The bribery investi gation in the Senate followed, holding up Gov. Bullock to the scorn of the whole country. Baffled and stung, smarting under the excoriation of the ablest Republicans in Congress, Gov. Bullock returned to Georgia. The Legislature convened on the 18th of AprU, 1870, and adjourned on the 4th of May, to take a recess untU the 6th of July, appointing comraittees to investigate the Governor and Treasurer, the State Road and the penitentiary. The Bullock- Angier committee was Bethune, Shumate, Bell, Price and Darnell. The State Road coraraittee was Lee, Parks, Maxwell, Phillips and Tweedy. The fact is, that in the defamation of Georgia peacefulness it was overdone upon the United States Senate, and resulted in horrifying Congress to such an extent that there was a disposition to undo not only the State's reconstruction, but Bullock himself. The Senate bill went to the House. Four substitutes were offered for it. The measure was accommodatingly postponed ten days on Ben. Butler's account, at his request, as he was called away. The House Reconstruction Committee consisted of thirteen raembers, of which Butler was chairman. It had four Deraocrats, Beck, Wood, Woodward and Morgan, who stood gallantly to Georgia. Our people owe a special debt of gratitude to Representative Beck of Kentucky, now Senator frora that State. The coramittee adopted Butler's Georgia biU by a majority of one on the 19th of May, 1870. Gov. BuUock was in Washington on the 16th, having been suramoned to testify in the bribery investigation raatter. The new biU adraitted the State at once, leaving the question of the tenure of the Legislature an open one, tq be settled in the State and not in Congress, and gave the Govemor the power to organize the State raUitia. The bUl was the same as the acts admitting Virginia and Texas, save that the or ganization of the mUitia was aUowed. The raeasure hung untU it finally passed the House on the 24th of June, 1870, declaring Georgia en titled to representation in the Congress of the United States, aUowing GEORGIA AT LAST RECONSTRUCTED, 437 the organization of mUitia, but breaking the Bullock programme in this clause : "But nothing in this Act contained shall he construed to deprive the people of Georgia of the right to an election for members of the General Assembly of said State, as provided for in the Constitution of said State." The bill went back to the' Senate, was discussed and fought over there for weeks. It at last was amended and passed, the amendment agreed to by the other branch of Congress, and on the 15th day of July, 1870, it was signed by President Grant. The act reads thus: " Sec. 1. That the State of Georgia having complied with the Reconstruction Acts and the Fourteenth and Fifteenth Araendments to the Constitution of the United States, having been ratified in good faith by the legal Legislature of the State, it is hereby declared that the State of Georgia is entitled to representation in the Congress of the United States, and nothing in this or any other Act of Congress shaU be construed to affect the term to which any officer has been appointed or any member of the General Assembly elected as prescribed by the Constitution of the State of Georgia. " Sec. 2. That so much of the Act entitled ' An Act making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes,' approved March 2, 1867, as prohibits the organizing or calling into service of the militia forces in the States of Georgia, Mississippi and Texas, be and the same is hereby repeated." This ended Congressional action upon Georgia, though it failed to quell the restless and disturbing demon of reconstruction, which threat ened and toiled for new phases of interference. CHAPTER XL. THE TWIN INFAMIES OF PROLONGATION AND FINAN CIAL MISMANAGEMENT. The Semblance of Free Ballot. — Prolongation attempted in the Legislature, — BuUock's Subtlety. — His Message. — Congress Set Aside. — No Election, — Akerman and Far row against Bnllock, — Deep Excitement. — Prolongation KiUed. — The Grotesque Election Scheme. — Democratic Folly and Absenteeism, — Legislative Adjournment — Its Obituary, — Its List of Outrages. — The Kimball Opera House. — Frauds. — Re port of Legislative Committee on Bullock's Misrule. — Proclamations. — Pardons. — Their Abuse. — Wrongs of State Aid. — Bonds Endorsed for Uncompleted RaUroad. — State Bonds Over-issued. — Gold Bonds. — Heury Clews. — ^The State Road in 1870 under Foster Blodgett. — A Mountain of Infamy. — Wholesale Squandering aud Thievery. — Two Millions Gone. — The Road a Refuge for Tramps. — W. L. Clark. — Racy Details of Plunder. — N. P. Hotchkiss and " Rigid Economy." — Blodgett and his " Political Policy " of the Road. It might have been reasonably supposed that the decisive action of Congress, made law by the Presidential sanction, would have termi nated the matter in Georgia, and given quiet to the long-suffering State. Prolongation, that most abominable of all the odious infa mies of reconstruction, had been expressly rebuked. Even the unspar ing extremism of the day recoiled from this most antipodal graft upon our free institutions, this perpetuation of dynasties afraid of the popular wUl. It is a noticeable fact that under all of the tyrannies of recon struction there was an underlying attempt to preserve the semblance of the free baUot. Prolongation was siraply the ugly, unredeemed spirit and practice of despotism, and it was contemptuously crushed But Gov. Bullock and his aUies were not to be thus thwarted. The struggle for this loathsome thing was transferred to the Georgia Legislature, and the most desperate and exciting conflict of this unprecedented General Assembly, the battle of all its battles, that fired more heat and made intenser rancor, was the one over prolono-a- tion. The movement was begun immediately. Gov. BuUock proved himself, through the whole stormy play of his term, an exceedingly able manager. He was subtle and ingenious — ^inventive in ruses, and as audacious as he was diplomatic in execution. He addressed a brief message to the General Asserably, which had convened on the 6th of attempt to depeive the people op an election. 439 July, 1870, in which he communicated the passage of the Act admitting Georgia, but said that Congress had adjourned without having adraitted our Senators and Representatives. He then proceeded to say that section five of the reconstruction act of 1867 made the actual admission of Senators and Representatives a condition precedent to the abroga tion of military authority, which would therefore continue until the assembling of Congress in the winter. This cool setting aside of the recent act of Congress and attempted continuation in force of the old act of reconstruction, stirred a deep resentment. His raessage was signed " Rufus B. Bullock." A flood of jeering badinage was showered upon hira for thus dodging his title. He had, in the first days, signed himself " Provisional Govemor," then " Governor, " and then " Provisional Governor " again, and in the non descript exigency of this last condition he ingeniously put himself down simple "Rufus B. BuUock;" neither "Provisional Governor" nor " Governor," but citizen Bullock, ruling a mongrel concern that was half province and half state, and yet neither the one nor the other, and to be kept shorn of sovereignty for the personal purposes of this Exec- • utive and his friends. A raeasure was introduced that we should have no election. It was first agitated in the Senate. The State rang with denunciations of the wrono-. Col. H. P. Farrow, the Attorney General, published a letter against it, thus spUtting frora BuUock. Chief Justice Brown resisted it with all of his energy. But Bullock and his friends pressed it with grim persistency. He and they knew it was the only way to get a con tinuation of rule beyond their term. Never did raen cling more stub bornly to power. It was a deliberate attempt to set aside the right of election and prolong office at the expense of law, and in violation of right and every principle of our republican government; but this mat tered nothing. The unholy crusade to deprive the people of the ballot and fasten the BuUock dynasty and legislature on the State for two years beyond the term for which they had been chosen, was persisted in as an alleged right under the law. The Senate showed its resolute partisanship by admitting a man named Wm. Henry, a minority candidate, in place of Senator B. R. McCutchen, who had died. The Senate then passed the prolongation wrong by a vote of 21 to 14. The papers of the State for days kept standing in large capital letters the prolongation senators, in a coluran headed " RoU of Infamy." The battle was transferred to the House. Mr. A. T. Akerman had been but a short time before (sorae tirae in 440 PEOLONGATION KILLED BY A CLOSE VOTE. June) appointed by President Grant, Attorney General of the United States in his cabinet. Col. Akerraan, to his honor, rose above the partisan aspects of the case, and wrote a powerful and unanswerabte opinion against prolongation, and took an eraphatic view that the people should have the right of election in the faU. This docuraent fell with resisttess force upon the public. On the 11th of August, 1870, the vote was taken in the House, Chief Justice Brown working zealously against the wrong, and amid an unparaUeled excitement, the raeasure was de feated by a vote of 63 yeas to 72 nays, 12 Republicans voting with the Deinocrats. There never has prevaUed at any time a deeper excitement than there was over this indefensible raeasure. The writer believes that if it had passed the House and been approved by Bullock, its enforcement would have been resisted and there would have been some sort of revo lution. The feeUng was intense. Congress and the Federal adminis tration had condemned it. And BuUock, not only in the very teeth of the public wUl in Georgia but in reckless defiance of the policy of his own party, was pressing this lawless and revolutionary scherae of hold ing over. The people would certainly have resisted its execution. But the trouble was not by any means over with this defeat. The feU spirit of reconstruction assumed protean shapes. With an exhaustless invention it took new forras. Prolongation was not only scotched, but killed and buried, and an election was a certainty. The next effort of Gov. Bullock was to tinker that election into suitable shape to enable his party to control the State. The author of the scherae was reported to be Associate Justice MoCay of the Suprerae Court, and some ascribed it to Mr. Akerraan. Be this as it may, it was one of the raost extra ordinary election plans ever devised, corabining the grotesque tyranny of a bayonet machine with the more' puzzling novelties of a raetropoli- tan packing jugglery. This beautiful piece of partisan mischief was to last three days. This feature was borrowed frora Reconstruction. It allowed for the transfer around of the frequent voter. The Governor, with the advice of the Senate, picked three managers and the Ordinary, two in each election precinct, and such appointees were subject to fine of $100 for failure to serve. This cumbrous and original device was obtained from no existing human experience in elections. , No ballots could be refused, and no voter be challenged. This reversal of all civil ized laws in elections was another original astonisher. Only one raan at a time could be at the polls, and the others must stand off in a line fifteen feet distant, while stragglers must hustle away fifty feet. The AN ASTOUNDING ELECTION LAW. 441 Sheriffs were put under the absolute control of the raanagers. These raanagers had plenary powers of arrest, and also could fine Sheriffs $100 for conterapt of their imperial orders. Reading the details of this odd, unprecedented, despotic scheme of an election, one can hardly get to the point of believing that any set of sane men under a Republican governraent could soleranly have voted by the forms of legislative sanction, a plot so preposterous, fantastic and tyrannous — a scheme raarked by such blended absurdity and viola tion, of principle. The battle was tough over this monstrosity. It excited derision and resentment. It was denounced as it deserved. It was stiffly discussed, and opposed with intense heat. Chief Justice Brown threw himself against it, as he did every gratuitous oppression, with his whole soul. But it was all unavailing. Democratic absenteeism and folly gave the victory to the Republicans. A Democrat offered a resolution that a bare raajority could suspend the rules. Before this it had taken a two-thirds majority to suspend the rules. Without suspension a considerable time raust have elapsed before the bill could have been reached in its regular order. The Republicans iraraediately saw the value of this Democratic slip, as well as the Democratic leaders. The .inconsiderate mover requested to withdraw his raotion, but the Republican presiding officer refused, and there happening to be a Republican majority the new rule was voted through, and the election bill proraptly taken up and passed, nine Democratic merabers being absent, while the majority was only four. This measure became the law in spite of all opposition and the popular censure. On the 25th day of October, 1870,. the House adjourned sine die, though the Senate continued in session until the 6th day of December, taking a recess until Noveraber, the 21st. The two houses had disa greed about adjourning, so a resolution was passed requesting the Govemor to adjourn the House, on the 25th of October, and the Senate take a recess untU 21st of November, to confirm appointments. Thus even in the siraple raatter of a final adjournraent, this body did some thing out of the ordinary custom. No deliberative body has ever concluded its sittings in the State under such a deep public execration. The writer at the time in the Constitution pubUshed the foUowing obituary, which expressed the popular feeling, and evUices the teraper of that tirae, even among conservative raen. 442 OBITUARY OF TIIE RECONSTRUCTION LEGISLATUEE. "IN MEMORIAM. played OUT. On the 25th day of October, 1870, The House oe Representatives of the General Assembly of Georgia for 1868, '69 and '70. This body Received its squelchraent frora the hands of One R0FUS B. Bollock, Its Master, Whom it served ' not wisely but too weU ' For the State's good. Born of Despotism, It was a true chip of the parent block. IT Will be forever luminous in the PHOSPHORESCENCE OF ROTTENNESS. ' It lived But as the tool of partisan viUainy, And its disdained dissolution Came raost fittingly Through the agency Of the power that despised while using it. And contemptuously killed it The moment its subserviency Ceased to be Profitable. Ransacked History Can show no parallel to this Hybrid For coreuption, Weakness, Effrontery, Ignorance, Evil Pliancy.- It did its best and utraost of wrong faithfully, aud what harra it left undone was what it was not asked to do. Criminal Speculators Will mourn with tender grief Its demise. it Had one Idea, That pervaded it ever and always ; And when the most of Its members die. The 'wiuds LEGISLATIVE EECONSTEUCTION OBITUAEY CONTINUED. 443 Will sing it as their requiem, ' And Time will make it glitteringly Infaraous, That better than Honor, Country or God Tliey loved NINE DOLLARS A DAY. For months It neglected business. Doing the work of but. a few days ; And then in a few days, it hustled Through the work of months. To the State's vast Injury. Its Obituary Makes so heavy a draft on Language For words of Wickedness That it can never be thoroughly written. It has emulated Apes In fantastic folly. In ruinous aggression upon popular rights It has been as destructive as the DEVIL. Its monument Is An incongruous heap of Broken Laws, Debris of a shattered Constitution, Outrages upon liberty and sacred law. Shameless scoopings in the Public Treasury, Wild havoc with every interest of the State, Reckless trifling with the 'vital public credit, And a rubbish pile of the Worst Partisan Deviltry, That Political malignity aided by human Imbecility Could abort. Its twin raaster. The Senate, StiU holds its baneful sessions To carry out Executive behests. And Worry an oppressed Coraraonwealth. But The task of this Memorial Staggers the pen. 444 INIQUITIES OP THE EECONSTEUCTION LEGISLATUEE. Humanity Would be proud to erase the sad record Of this body. FaiUng, however, in this. Human nature explains to posterity The dread stigma Of this Legislature's depravity By one word — ' RADICAL ! ' " This Legislature was in session 328 days, and cost the State nearly one million of doUars, the accurate amount being $979,055. Its sessions of 1870, alone, cost $526,891. It had at one time 84 clerks and attaches. The pay was put at $9 a day, and was drawn for twelve days of recess, as well as days of actual session, some of the Democrats, however, refusing to take per diem for the recess. The expelled negro merabers drew sorae $28,938 of pay for the time they did not serve. As the members holding their places drew per diem, there was thus a heavy amount of double pay made. And at every session after each recess, no matter how short, this thrifty body drew mileage. The mileage bill, during the year 1870 only, araounted to the raoderate sum of $63,996.04, and the clerk hire $51,740. These figures make a startling record, but they are a consistent part of the picture of that unparalleled body. Their significance may be understood by comparison. Nine years of Deraocratic legislation, frora 1853 to 1862, cost only $866,385, or less than this single Radical General Asserably. State aid was granted to twenty-eight railroads, aggregating the pledge of the State's liability for over thirty miUions of dollars to more than 2,500 miles of road. A system of district courts was created, expensive and cumbrous. The new judicial circuits, the Albany, the Augusta, and the AUapaha, were created. A public school system was organized, and Gov. Bullock appointed Gen. J. R. Lewis as the State Sohool Coraraissioner. The school fund, however, to the araount of $327,000, was used for other purposes, leaving the public schools unsup ported, and the teachers to be paid by Gov. Sraith's adrainistration. The act authorizing the lease of the Western and Atlantic railroad, introduced by Dunlap Scott, was passed and approved, October 24, 1870, and was one of the few really meritorious measures enacted. It is under this act that the present exceUent lease was raade. There were a nuraber of iniquitous measures to gobble the road, but they were thwarted. The resolution for the purchase of the Kimball opera house was passed, August 19th, 1870, and approved, October 25th, 1870, and the THE KIMBALL OPEEA HOUSE PURCHASE. 445 resolution for the purchase of the residence of John H. James, for an Executive raansion, was approved October 27, 1870. The first resolution accepted the proposition of the city of Atlanta to donate $130,000 of its bonds, ten acres of unoccupied land, and an Executive raansion, free of cost to the State for ten years, in lieu of the existing contract. The State was to buy the State House frora Mr. Kiraball, the Governor to issue seven per cent, bonds running 20 years, reserving enough bonds to secure the $54,500 advanced to Kimball by Bullock. The resolution does not mention the price to be paid by the State, but accepts Mr. Kimball's proposition, which was for $250,000 of State bonds. A committee reporting upon the matter stated that the original hull of the building cost the Opera House company that put it up, $83,000. KimbaU paid $32,000 for it, and expended $182,167.56 upon it. Add the $76,871 paid for heating, light and furniture, and the whole cost to Kimball 'was $291,038.56, of which Bullock illegally advanced him $54,500. Kimball received $130,000 of Atlanta city bonds, said to be worth then, $90,000, and $250,000 claimed worth only $225,000, mak ing an actual cash value of $315,000, or a clear profit to Kimball of ¦ $23,961.44, at the depreciated price of the bonds. Estimating the bonds at their face value his profit was' $88,961.44. This whole State House inatter has proven to be a source of mortifi cation and trouble. Every step was raarked by wrong. Gov. Bullock had, without authority, advanced $31,000 to Mr. Kimball in doing what the city of Atlanta should have done. Though rebuked by the legisla tive committee and the House, Gov. Bullock repeated his unauthorized act, and advanced $23,500 raore to Kiraball on the sarae account. When the sale was raade there was a mortgage of $60,000 to the North-West- ern Life Insurance Company from Kimball, which was not paid, though the titles were made, and the full araount of purchase bonds paid and received. This raortgage the City council of Atlanta had to pay, and now holds. . The Mayor of Atlanta, Wra. Ezzard, gave a certificate that $130,000 of city bonds were due on the Opera House, the bonds to be paid to the holder of the certificate. This certificate was untrue, in fact, as by an arrangeraent with Mr. Kiraball, only $100,000 of bonds were to be paid. He had already received $30,000 of rent bonds, of which he had used $10,500, and at the purchase returned the balance, $19,500. This certificate, by written agreement, was turned over to Gov. BuUock to hold untU the $60,000 mortgage was paid. The raort gage was not paid and the bonds were used by Mr. Kiraball against the contract, and in neglect of the State's interest. 446 THE KIMBALL OPEEA HOUSE PUECHASE CONTINUED. But this is not all. At the tirae^ the legislature passed the reso lution of purchase there were only currency bonds, and these were therefore the consideration. At the greater value of gold securities, the State would pay fully $30,000 more in them than in currency bonds. Gov. Bullock first gave the currency bonds to Mr. Kimball, and then, afterwards, the gold bonds to be exchanged for the currehcy bonds. The exchange was never raade, and thus, not only was the illegal payment of gold bonds raade, but both sets of bonds were used by Mr. Kimball. The $54,500 advanced to Mr. Kimball by Gov. Bullock was to be re tained by Gov. Bullock, under the resolution of purchase of the legisla ture. This was not done. The committee of the legislature of 1872, E. F. Hoge, S. A. McNiel, W. H. Payne, C. J. Wellborn and John C. NichoUs report that the whole testimony touching the Opera House purchase they believe, " Establishes, beyond doubt, not only the official corruption of Gov. Bullock, but his venality.'' The legislature of 1872 appointed comraittees that raade thorough in vestigations of Gov. Bullock's administration. These committees were composed of conservative, conscientious men. The investigations were conducted under oath, and were full. The statement of the facts of Gov. Bullock's rule are taken from the official reports. The coraraittee, whose report we have quoted about the Opera House, further state that Gov. Bullock perraitted Mr. Kimball to borrow $255,000 in the name and upon the credit of the State, and to retain the money in his hands. They report $776,834.09, as Gov. BuUock's personal special account with the Georgia National Bank, in which were raingled State and private money of Bullock and KimbaU. They further report that during Gov. Bullock's administration, he paid for Executive orders and proclamations published in forty-two papers the vast sunj of $143,397. Proclamations of reward would be followed by proclamations of pardon of the sarae criminal after his capture and payment of the reward. Proclamations of reward were published after the capture of the crirainals. The coramittee reported that $49,361.75 had been spent in lawyers' fees by Gov. BuUock. They further report 523 cases of pardon by Gov. BuUock, including 566 persons, raany before conviction, and sorae cases of brutal murderers. Some of the Governor's political household were engaged in pardon brokerage. Among the pardons granted was one to V. A. GaskeU, given in antici pation of prosecution for violating section 4,402 of the Code of 1868, EAILEOAD BOND FEAUDS. 447 he having paid the State Treasurer raoney to sign certain railroad bonds. The committee- use this language: " While raaking and encouraging complaints to the Federal government of countless crimes, raany of them dependent for their heinousuess upon the iraagination of those wlio deemed it to their interest to magnify them. Gov. Bullock ivrenched open, with the resistless hand of Executive prerogative, the prison doors which had been locked up hy the Law, aud turned loose upon our people a horde of murderers, burglars and thieves," The abuse of the pardon power was one of the strongest charges against Gov. Bullock. In the matter of the unauthorized endorsement of railroad bonds. Gov. Bullock, according to the coraraittee, coramitted his gravest and largest breach of official trust. And they note the fact that all of these illegal endorsements were done in the interest of the roads of which Mr. KimbaU was President. The Brunswick and Albany railroad was the cap-stone of these frauds. The enormous sum of $5,210,000 of State bonds and endorsements were given by Gov. BuUock to Mr. KimbaU on bonds of this road. The law of State Aid required the road to be corapleted to get the State's endorsement, twenty miles at a tirae. The sum of $1,098,000 of bonds were issued illegally, for which there was no road completed; and even where the road was complete, the endorsement was in advance of the work. The Bainbridge, Cuthbert and Colurabus railroad bonds were endorsed by Gov. Bullock to the amount of $600,000, yet not one mile of road was ever completed by the laying down of cross-ties or iron, nor was one dollar ever invested in the road by private parties, as the Consti tution required. The Cartersville and Van Wert railroad and the Cherokee railroad were the same railway, and enjoyed thus a double installment of bonds, one of $275,000 and the other of $300,000. When three and a half mUes were completed the Governor, who inspected the road in person, accommodatingly gave Mr. Kimball his endorsement upon the whole road. The name of the road was changed to the Cherokee Road, and a new set of $300,000 of bonds was asked and obtained to take up the first set. The exchange was never raade, and both sets of bonds used, as in the case of the Opera House bonds. In the raatter of State bonds the same spirit of disregard of law and reckless extravagance was shown. There was needed some $300,000 to pay the legislature, and Gov. Bullock issued two millions of currency bonds to raise the raoney by hypothecation. These bonds were issued under the Act of August 27, 1870. An act was passed September 15, 1870, authorizing the issue of gold quarterly bonds to take up the cur rency bonds and for other purposes. Gov. Bullock issued three mUlions 448 iiENEY clews' famous account. of these bonds, largely in excess of any need. The gold bonds were put out, but a miUion and a half of the currency bonds were left uncanceled. Henry Clews had $800,000, and RusseU Sage $530,000 of the dead currency securities. Mr. Kimball used $120,000 of thera to get a loan of $50,000 frora the firm of J. Boorman Johnston & Co., and $50,000 for a loan of $35,000 from the Fulton Bank of Brooklyn. Both Mr. Clews and RusseU Sage, though receiving ample gold bonds to secure them, refused to give up their currency bonds. The committee says that it is forced to the conclusion that a portion of this money was raised for the private account of Mr. Kimball. Of the three raiUion gold bonds, $1,750,000 were placed with Clews; $500,000 with RusseU Sage to secure a loan of $375,000; $300,000 with the Fourth National Bank; A. L. Whiton $100,000; $250,000 to H. L KirabaU on the Opera House, and $100,000 to J. H. Jaraes for the Executive raansion. Mr. Clews presented his account. He sold $1,650,000 of gold bonds for $1,432,230. He had clairas against the State of $1,489,284.04, of which $41,061.78 was interest, and $92,995.30 coraraissions, making the handsome interest and commission account of $134,057.08 for handling less than a million and a half dollars. Of this account, $609,192.78 was paid on notes and drafts of Gov. Bullock and Foster Blodgett in violation of law, 'and $377,000 was paid on account of the State Road. The sum of $10,687 was paid by Clews to newspapers. Add to the enormous commissions the loss of $211,500 upon the face value of these bonds, and we see the State out $350,000 through Clews. Gov. Jenkins had negotiated three millions of bonds at a cost of $1,110, and with an advertising bill of only $931; selling our securities at ninety-five cents. When Gov. Jenkins did this, gold was $2 pre mium, while when Gov. Bullock was mismanaging our finances, it was $1.12 preraium. It would require a volume to detail the particulars of the mismanage ment of Gov. Bullock's financial administration. It would not be an exaggeration to say, that there was hardly anything about it right. There- was one unbroken continuation of violations of law and bold extravagance. Treasurer Angier and the Atlanta Constitution fought inch by inch this financial misgovemment. The bulk of the irregulari ties did not come out until the long and exhaustive legislative investi gation evolved them, but there was a great deal that was discovered and opposed, and clearly ventilated. There is one subject that has not been touched, that was the great THE HUGE STATE ROAD FRAUD. 449 unapproachable sura of all villainies. The State road, for 1870, furnished a corapanion pretty nearly to the famous Yazoo fraud. Maj. Campbell Wallace had taken the road under Gov. Jenkins, and made a brilliant administration. He regenerated it with a masterly skill. It was in ruin. He restored it. His net earnings for the year 1867 were $330,202. Col. E. Hulburt ran the road in 1869, coraraencing August, 1868, doing a fine business, and making regular payments into the State treasury, until the last raonth or two, when he was harapered. The treasurer of the road was William W. Clayton, a gentleman of large business expe rience and shining integrity. In July, 1869, against Hulburt's earnest protest, Mr. Clayton was removed, and Foster Blodgett made treasurer. Hulburt was a professional railroader, and took pride in raaking a good administration, and he remonstrated that Blodgett was " not regarded by the people of Georgia as a man of integrity," and he believed him to be " an unprincipled man." On the first day of January, 1870, Hulburt was removed, and Foster Blodgett appointed superintendent of the State road, holding the position until the 27th day of December, 1870, lacking a few days of making a year. In the annals of railroading there has been no such travesty of raUroad management. Blodgett knew nothing of railway superintendeney. Add to this ignorance the ingenious and wholesale utilization of the road as a pure partisan machine, and, as can well be conceived, the circumstances were perfect for a stupendous botch of adrainistration. But the reality surpasses any possible ideal of perverted handling. Results will best describe the mismanageraent. The road was in fine order. The receipts during Blodgett's adminis tration were, $1,464,737, out of which $45,000 only was paid into the State Treasury. Hulburt turned over to Blodgett, $109,131, making $1,573,868 that Blodgett had during the year. This amount, except the $45,000, was spent during the twelve months. Just before Blodg ett's superintendeney ceased, he represented to the legislature that the road was in such a condition as to need half a million of repairs. And he left a legacy of sorae $600,000 of debt in round nurabers, that was afterwards paid by the State. This raade the incredible aggregate of over two millions of dollars spent in one year, with the road so run down as to need another half million to repair it properly. The details of this vast mismanagement are picturesque. Unauthor ized offices were created. The road was packed with political em ployes, and made the refuge for party tramps. In 1869 the party roll showed 743 raen. Under Blodgett there were 1,442 naraes, or an 29 450 PICTURESQUE DETAILS OF THE GREAT STATE ROAD FRAUD. increase of 699 useless officers fed at the public expense for partisan pur poses. The increased pay roll was $178,574 over 1869. Many men were paid who rendered no service whatever, others were raerabers of the legislature, and others in other business wholly incorapatible with any work on the road. Hundreds of thousands of dollars of legitiraate expenses were left unpaid. The investigating committee of the legis lature of 1872, reported $499,903 as due from plundering officers and other sources. Attachraent suits for $366,274 were brought in Fulton Superior Court. And thirty-three indictments were found for various crimes, including two against Gov. BuUock, one for cheating and swindling, and the other for larceny after trust. W. L. Clark made a minority report that was a very clever piece of writing. It was a serai-satirical, huraorous and shrewd presentation of the matter from a Republican stand-point. He frankly owned that a great number of petty frauds were clearly proven. One of the leading frauds was the Tennessee Car Company swindle. Mr. E. N. KimbaU was the manager of the Car company, and made contracts and received pay for sorae fifty-six box cars, to the amount of $42,500. No such cars were ever delivered, and Gov. Bullock, Foster Blodgett and E. N. Kimball were indicted for cheating and swindling. This was one of the cases which was clearly made, but Gov. Bullock was not proven connected with it, and was therefore acquitted. Mr. Clark surmised that the parties did not intend to defraud the state, but their enter prises miscarried, raoney was needed to bridge over a chasm, and this questionable plan was devised for raising it. The raain point of this sharp-witted minority report of Mr. Clark was the showing that Democrats as well as Republicans had shared in the robberies. The figures were ingeniously arranged and interesting. The Republican pickings in the matter of law fees were $15,480, and the Democratic $48,247. The printing given to Republican journals in '1870 were $19,103, and to Democratic papers, $32,964. Of $1,586,188 that he said was paid, $635,018 was traceable to Republicans, and $809,586 to Democrats. Of clearly proven fraud, however, he traced $113,442 to Republicans, and $50,763 to Deraqcrats. Clark claimed for the Republican adrainistration that it gave liberal rates, and finally took the road out of politics. But he candidly owned this in regard to what he calls the " record of crirae and sharae." " The exaraination has conclusively shown that the late superintendent w-jis a bad raan, and utterly unworthy of the trust confided to hira by the Governor, and of the confidence reposed in hira by the Republicans of the State, He not only defrauded the FUETHEE RICH ITEMS OP RAILWAY MISMANAGEMENT. 451 people of their money, but the demoralization of his example was felt fhroughout the social and business and political circles in which he raoved." This is strong opinion to come frora a Republican source. It raay not be uninteresting to mention some of the specific matters of varied fraud that marked this redeemless year of railway raisrule. Receipts for $7,296 of lard oil were forged in the narae of A. J. Orrae. A. L. Harris was paid $2,760 for a worthless railway switch. Receipts for $1,850 in the narae of L. B. Langford were forged. Large numbers of Ten nessee negroes were carried free down to Atlanta to vote. Accounts for $5,000 for boarding hands were raised to $8,923. E. S. Nixon, local agent at Chattanooga, caused a freight blockade, by giving preference to his own freight bought on speculation. Bogus naraes were placed on the pay roll and money drawn for them. Col. Hulburt testified that Gov. Bullock wanted him to advance money frora the State Road Treasury, to purchase the New Era newspaper. And finally, in 1870, $7,000 of raoney for this purpose was raised on State road fraudulent passed bills. City Directories, for 1870, to the amount of $260 were bought; During the year 1870, a coramittee of the Bullock legislature investigated the road, and the bill for liquor, cigars and music for this festive set of inquirers was only $1,650, including some fifty gallons of whisky, fifteen gallons of sherry, 7,100 cigars and fifty-seven dozen lemons. These unique specimens of the rainor frauds will afford sorae concep tion of the ingenuity of grotesque swindling that continuously raarked this unequaled year of State railroad mismanagement in the wonderful years of reconstruction. Several humorous incidents will gracefully cap this rich chronicle. Mr. Blodgett stated with an iniraitable humor that he took charge of the road to manage its " public and political policy." This was only surpassed in its dry wit by the response of the Auditor, N. P. Hotchkiss, who made a reply that became ludicrously historic to the question as to how he managed to save up twenty or thirty thousand dollars in a year or two, out of a two or three thousand dollars salary. Said this thrifty person — " by the exercise of the most rigid economy." CHAPTER XLI. THE DOWNFALL OF THE RECONSTRUCTION REGIME AND BULLOCK'S RESIGNATION AND FLIGHT. BuUock's $25,000 Libel Suit against the Atlanta Constitution. — That Paper refuses Bul lock's Proclamation. — State Democratic Convention. — The Democratic Executive Coramittee. — Linton Stephens' Difference with the Committee. — The Election. — A Democratic Legislature. — Congressmen. — Howell Cobb's Death. — Chief Justice Brown's Noble Eulogy, — Joe Brown and Ben HiU. — HiU's Letter of Submission to the Amendraents, — The Harsh Ordeal of Public Odium he Underwent, — Touching Utterances, — The Lease of the State Road. — Chief Justice Brown Resigns, — 0, A. Lochrane as Chief Justice, — The Kimball House. — An Historic Landmark of Recon struction, — The Desperate Situation of the BuUock Regime, — Gathering Troubles. — Foster Blodgett Fails to get in as United States Senator. — Senator Joshua Hill, — The Greene County Presentments and McWhorter, — The Ku Klux Investigation. — Seeking the State Crucifixion. — Impending Crash, — The Brunswick and AlbanyRaU- road Tumbles. — Gov. Bullock's Resignation and FUght. — Seven Days' Preparation, — Benjamin Conley Sworn in as Governor. — Gov. BuUock's Aspersion of the Legisla ture. — Lively Comment on the Hegira, — Gen. Toombs. — " No Bleeding Martyr, but a Spavined Rogue." — Bullock's Criminal Prosecution. — Requisition for Bullock. — His Arrest and Final Acquittal. — Review of his Administration. A MATTEE much commented upon at the tirae was a libel suit for $25,000, brought by Gov. Bullock against the Atlanta Constitution, to check that paper, if possible, in its zealous warfare upon the wrongs of his administration. But the suit simply evoked derision, and stimu lated the paper to greater activity of opposition. This journal also refused to publish Gov. Bullock's proclamations, denouncing their extravagance. This course brought a warm fusillade from a large portion of the Democratic press. Not until Gov. Sraith was elected as the Executive, did the Constitution take one dollar of any sort of pa tronage from the administration. This course gave that journal a strong hold upon the affections and confidence of the people. On the 17th day of August, 1870, a Deraocratic convention was held in Atlanta. Gen. A, H. Colquitt was made President, and on the same day he was chosen President of the State Agricultural Society. This two-fold honor, voluntarily tendered by two representative bodies, the farmers and public leaders of the State, was a public tribute of which LINTON STEPHENS. 453 any man oould be proud, and evinced the popular appreciation of this worthy son of an illustrious sire. The convention had 300 delegates from 109 counties. Among the members were Thoraas Harderaan, Jr., W. S. Holt, A. O. Bacon, S. A. Corker, P. Thweatt, Wm. M. Browne, J. S. Boynton, C. Peeples, D. Scott, R. E. Lester, E. F. Hoge^ J. ColUer, N. Tift, R. N. Ely, L. N. Trammell, Geo. Barnes, J. R. RandaU, A. R. Wright, A. H. Colquitt, W. A. Hawkins, Linton Stephens, W. M. Reese, A. R. Lamar, J. L. Seward, A. R. Lawton and J. Llartridge. Among these were two young men of promise. E. F. Hoge of Atlanta has since been in the General Assembly, and shown himself to be a person of substantial ability and decided character. Jaraes R. Randall is one of our genuine poets, who, as the author of " My Maryland," has won an enduring fame. That poera will last While the English language is spoken. Mr. Randall has been one of our raost gifted and scholarly newspaper raen, a writer of singular and vivid power, and at present, as one of the edi tors of the Augusta Chronicle and Constitutionalist, one of the ornaraents of Georgia journalisra. The resolutions of the convention were drawn by Linton Stephens, pledging the Democracy to stand on the unchangeable principles of a constitutional government, and to overthrow a corrupt state adrainis tration. No speeches were raade, greatly to the disappointraent of the Republicans, who hoped for some indiscreet utterance for political capi tal. An Executive Committee was appointed of L. Stephens, J. Hart ridge, J. T. Clarke, M. J. Crawford, J. Jackson, A. Reese, W. M. Bro.wne, and R. A. Alston. Linton Stephens was elected Chairman, and R. A. Alston, Secretary. Judge Stephens accepted the chairmanship in a ringing letter, in which while he acquiesced in the prevalent idea that none but eligible raen should run for State offices, he took the ground that for Congress some ineligible candidates should be norainated and elected to make an issue. This letter struck the Democratic leaders of the State unfavorably, and a hot discussion was precipitated, the majority of the press dis agreeing with Judge Stephens. In a few days Judge Stephens pub lished an eloquent and masterly letter defending his views, but refused the chairmanship because he understood there was not a quorum present when he was chosen chairman. Col. Clifford Anderson was then raade Chairman. The election carae off, and in spite of the extraordinary facilities for the administration to control it, the result was a sweeping Democratic 454 JOSEPH E. BROWN AND HOWELL COBB. victory. The wrongs of Bullock's rule had been so strongly presented and pressed, that in many cases Republican candidates for the Legis lature in the white belt were compelled to repudiate the administration. The following congressmen were elected: D. M. Du Bose, Thos. J. Speer, P. M. B. Young, A. T. Mclntyre, J. S. Bigby, W. P. Price and Nelson Tift. But R. H. Whiteley was seated in Tift's place. The only Democrats of this delegation were Young, Price, Du Bose and Mclntyre. The year 1870 was prolific in startling events. Gen. Howell Cobb fell dead suddenly in New York from a stroke of apoplexy. His death shocked the State. Perhaps the raost striking tribute paid to hira was by Chief Justice Joseph E. Brown in the Supreme Court. The eulogy upon the distinguished deceased, by the presiding officer of this august tribunal, was a noble attestation to the character and greatness of Gen. Cobb, and it was especially touching in view of the strong animadver sions made by the dead in his life upon the eulogist. Referring ten derly to the harsh conflicts of sentiment. Judge Brown added these graceful and honoring words: " All these differences, which grew out of conflicting opinions on public policy, in times of high political excitement, and producing alienation and estrangement, are evanescent aud soon pass away. In the grave they are forgotten. And when under Divine Providence, one party precedes the other, for a little wliile to that habitation, which awaits all the living, they are never remembered and cherished by any honorable and generous survivor," Chief Justice Brown had raade large advances in regaining the esteem of the public so rudely torn from him. His condemnation of BuUock's schemes had shown the people that his position of acquiescence in recon struction was conscientiously taken for the public good as he saw it, and that under an overwhelming provocation of unmerited and scathing public odium he had stood firra against the unnecessary and gratuitous indignities his unwelcome political allies had sought to put upon the State. His great abUity and dignity upon the Bench, and lustrous judicial integrity, had made hira an ornament to the State's judiciary. The popular passion had begun to subside, and raen were learning to discrirainate between the reluctant Republicanisra born of sincere, pub lic spirit, and the partisanism begat of venal ambition and looking to unlicensed power and an unctuous plunder. ' It was a curious coincidence that while this distinguished and unsur passable Georgian was emerging from his baptism of obloquy, another brilliant citizen, who had been foremost in the unsparing excoriation of Chief Justice Brown, was himself suffering the sarae political crucifixion BENJAMIN H. HILL GOES THROUGH THE SHADOWS. 455 for the same kind of public opinion, that had brought Brown into cen sure. Hon. Benjamin H. Hill issued an address on the Sth of Decera ber, 1870, to the people of Georgia, in which he took ground that the abhorred amendments were in fact, and would be held in law, fixed parts of the national Constitution. Usurpation, the most glaring, suc ceeding, becarae law. It raay have been criminal — was criminal — to aid in comraitting the usurpation; it is crirae itself to break the law. His conclusion was, that we had a new National Constitution, with new and enlarged powers of government, establishing new. and different relations between the General and State governments. And he urged the duty upon the Southern people to obey the new Constitution, to protect negro suffrage, and to cease quarreling over the divisions on the prin ciples and events which led to the e.xisting condition. This address fell upon the State like a clap of thunder on a clear day. And for years Mr. HiU walked through the valley of shadows. He was lampooned, abused, and howled at. He was called Radical; accused of selling out to the Republicans; of changing politics with a view to election to the Senate, by a Republican legislature; and a thousand other hard criminations. For years he fought against public odium as Gov. Brown had done. It looked as if he was politicaUy shelved. His best friends turned upon him. His ordeal was not altogether as severe as Gov. Brown's, but it was a harsh one, and his recovery was a striking instance of political vitaUty. He made a public speech in February, 1872, that contained sorae peculiarly pathetic sentences. Said he: " I freely state that my political life is an enigma." He added after in a burst of defiance: " I had rather be the hurablest of those who would save you, aud perish amid your curses, than be the chiefest architect of your ruin, and live forever the unworthy recip ient of your deluded huzzas." There is no stranger and more suggestive instance of the instability " of human passion and the evanescence of huraan prejudice than the savagery of proscription endured by these two reraarkable raen, rounded as it has been by an elevation so august, in a time so short. The coincidence Continues markedly, in the fact, that in every particular their experiences have been identical, and that so antagonistic once, their accord now is coraplete — a .conjunction of absolute diversities. It was a wonderful triumph for Brown to see his old foeman 'with hira. But it was only the beginning of a broader political corroboration in a practical point of view. 456 THE STATE ROAD LEASE. On the 26th day of October, 1870, Gov. BuUock advertised the West ern and Atlantic railroad for lease under the lease act. On the 27th of December, 1870, the road was leased to the present company at a rental of $25,000 per month for twenty years, the company giving a bond of eight miUions of dollars with the Georgia, Central, South Western,' Macon and Western, Atlanta and West Point, Macon and Brunswick, Brunswick and Albany, Nashville and Chattanooga, and St. Louis and Iron Mountain RaUroads for security. Gov. Brown was elected President of the company, having resigned his position as Chief Justice of the Supreme Court before he made g, bid for the lease, and having served a little over two years, renouncing ten years of his terra. His resignation testifies conclusively to the fact that he did not desire office, and that place was not the inspiration of his political attitude upon reconstruction. As a Supreme Court .lustice. Judge Brown maintained to the fullest extent his admittedly great abilities. A perusal of his decisions, cov ering every topic of jurisprudence and every principle of civil and crirainal law, shows careful discrimination, profound discernment of the spirit of laws, wide and accurate legal learning, and the very perfection of a judicial temper, impartial, equipoised and punctiUous. The truth is that Chief Justice Brown was the very paragon of a. Judge, and adorned the ermine as much as any jurist that has ever sat in the Supreme tri bunal of the State. He possessed an exceptional blending of a placid and untiring patience with fixedness of decision and luminous legal acumen. Gov. BuUook appointed as Chief Justice in Gov. Brown's place, until the raeeting of the General Asserably in Nov., 1871, .ludge O. A. Lochrane. This gentleman had sustained himself upon the Superior Court Bench with rare success. Appointed by Gov. Brown as Judge of the Macon circuit at the beginning of the war, and taking his seat under heavy and open opposition, due to a certain jovial vein in his versatile compo sition, he had handled a number of grave and novel questions with originality and undoubted legal power. He had upheld both the dignity and ability of the bench. Some attorneys at Twiggs court agreed to carry their case by consent to the Supreme Court to avoid his jurisdic tion. With placid poise he raarked and announced the case disraissed for want of prosecution, and had the bumbled lawyers pleading for the restoration of their case to the docket with much earnest compliment to his Honor. He enforced the writ of Habeas Corpus against Confeder ate suspension; he decided the conscript law unconstitutional; he refused ^ .i:3^-.^-^^C- ^i-^:7 «^^ ^^^-^^ .^^^^^ ~? THE DOWNFALL OF THE BULLOCK REGIME FORESHADOWED. 457 to recognize the government of England that did not recognize the Confederacy; he held that the State of Georgia had the right to a writ of possession for arms loaned the Confederacy, and called on Gov. Brown for means to enforce his order. These rulings indicate legal ability and inflexible decision. After the war he resigned, and raoved to Atlanta. He was appointed Judge of the Atlanta Circuit, and served frora August, 1869, to August, 1870, when he resigned, to be appointed Chief Justice of the Supreme Court in Januarj', 1871. Araong the historic landraarks of the reconstruction is that raagnificent building and most valuable instrument of Atlanta progress, the Kimball House. It was a superb hostelrie, far ahead of the growth of Atlanta. It was begun in April and finished on the 17th of October, and its con struction was a raarvel of rapid work. It cost over $600,000, and the agent of Henry "Clews, Mr. Crosby, told the writer that $300,000 of the money advanced on State endorsed bonds to build the Brunswick and Albany railroad had been traced into this hotel. Its history is one of vicissitudes, Utigation and strange changes of ownership. The year 1871 was another eventful twelve raonths of Georgia history, winding up with a most draraatic surprise. The absolutism of Radical rule had seen its culmination when Congress passed the law of July 15th, 1870, for the admission of Georgia, and when under it a Democratic legislature was elected in Deceraber, 1870. It raust be held in thought, in order to coraprehend the situation and the starting denouement, that' the Republican regime had before it the certainty of a full Deraocratic inquiry into raatters. There had been enough open acts of wrong and unlawful extravagance to justify grave apprehensions of trouble for their authors. As was afterwards developed, there were worse derelic tions concealed. From this time on the Bullock administration was in a fearful strain to secure the success of its projects, and in final triumph raake temporary illegalities forgotten or justified. But it was an uphill business. Kimball was carrying more than mortal man could bear. He was President of seven railroads, and the master of a monster hotel. The bonds were poured out so freely as to overstock the raarket, and the load was the heavier that dimly discerned irregularities were battered at by the opposition, until the enterprises staggered un der the growing burden o'f discredit. The situation daily becarae raore desperate. Ruin threatened every project. In the pitiless stress new illegalities were resorted to, that failed to remedy the perUs. Bullock stood garaely to his friend Kim- 458 FOSTER BLODGETT CLOSED OUT OF TIIE U. S. SENATE. ball. Illegal endorsements were given in succession. And yet all was unavailing. Angier in the Treasury prompted the clue to suspicious matters, the Atlanta Constitution probed and ventilated them, and the Democratic press, both in and out of the State, kept up a lively fusillade and publication. And so the final crash was steadily focalizing. Foster Blodgett went to Washington, and tried to get admitted as United States Senator, on the 4th of March, 1871. The effort was vain. His record was ventilated fully. Senator Thurman raade an unanswerable speech against his admission, taking the ground that he was elected by a Legislature that had no right to choose a Senator for the term Blodgett claimed. Senator Joshua Hill made a rare speech against his admission. It was a document full of fearful punishment for Blodgett and his sponsors. It was witty, satirical, caustic and argumentative. Coming from a Republican source, it was irresistibly effective. It alike pilloried not only Mr. Blodgett but the Legislature that elected him. A Republican delegation frora Georgia, consisting of Conley, Harris, Tweedy, D. D. Snyder, and A. D. Rockafellow, went on to Congress to press Blodgett's admission for the reason that " it was for the welfare of the Republican party." Congress adjourned without seating Blodgett. Senator Hill introduced two raeasures in April, 1871, that have excited great interest. One was the bill for the survey of the Atlantic and Great Western Canal, and the other a pet project of Col. yV. P. Price to convey the United States mint building at Dahlonega, Ga., to the trustees of the North Georgia Agricultural College — an institution that has done a great amount of good, and is one of the most valuable educational serainaries in the State. Gen. Young also introduced in the House, a resolution for a post office building. We now have it. Perhaps nothing could bettor show the downward drift of Gov. Bullock's administration in the popular opinion, than certain present ments of the Grand Jury of Greene county, in March, 1871, of which ex-Speaker McWhorter was a member of the one, and signer of the other, censuring BuUock's " wasteful expenditures of the public money and his wicked and heartless abuse of the public credit." Nor was Bullock without the leverage to help hira, given by the incessant Republican agitation of the " Southern outrage " crusade. In Con gress a coramittee was engaged in perpetual investigation of Ku Klux enormities. This was the stock in trade of extrerae Radicalism. It was a striking evidence of Bullock's waning influence with the national leaders of his own party, that his contributions to this wretched campaign THE BULLOCK DYNASTY GIVES WAY. 459 • of calumny availed hira nothing. He issued a detestable proclaraation of rewards for an iraaginary batch of hideous Ku Klux outrages. The slanderous pronunciaraento under the E.xeoutive impress was advertised broadcast at the public expense, disseminating its envenomed poison everywhere. In July, 1871, he wrote a letter to Congressman Scott, on the condition of Georgia, rendering a bad account of the affiicted old coramonwealth, that had fallen into the cruel hands of political Philis-, tines. Gen. Gordon went before the Ku Klux committee, and endeav-f ored to neutralize the mischief. It was an appalling criminality for men with the prestige of author ity giving them weight, and with every incentive of State patriotism to conserve the interest and foster the farae of Georgia, deliberately seek ing to re-crucify the State, their own raother. But the power to harm was rapidly dirainishing. The reign of evil was passing away. The Bullock rule was swiftly drawing to a tragic close. There came out whispers of Kimball's embarrassment. Gov. Bullock went away, and was gone nearly three months. Finally the irrepressible Angier gave notice that he would pay no warrants not signed by a resident Gover nor, as the law requires. The State road raismanageinent was giving out a noisome odor. The Treasurer of the road was arrested. A com mittee of citizens. Judge Hamraock, Dr. Redwine and Judge Collier were appointed to exaraine the State roac^ books. A large array of able counsel, led by Gen. Toombs, volunteered in the investigation. The first note of an impending general crash came in the disintegra tion of the huge enterprise known as the Brunswick and Albany rail road, the recipient of a double State aid, and an indistinguishable com pound of equity and fraud. Claims poured upon it, which were not met. The Superintendent, J. A. Bums, dropped it and left. The road was seized by the Governor. This was after the middle of October. Every one felt that the end was approaching. The radical edifice began to shiver. The portents were unmistakable. The conclusion was at hand. But it raust be confessed the finale took an unexpected shape. When it was announced that Gov. Bullock had fled the State, leaving his resignation, it was like an overwhelming elisctric shock. The sur prise over, one flashing note of universal rejoicing resounded over the State. 460 GOVERNOR bullock's RESIGNATION AND FLIGHT. # The rainutes of the Executive Departraent, show that on the 23rd of October, 1871, the resignation was written and reads as follows: "Executive Department, ) Atlanta, Georgia, October 2.3, 1871. ) " To Whom it Mat Concern — Greeting : " Be it known, that good and sufficient reasons, me thereunto moving, I do hereby resign the office of Governor of this State, to take effect on Monday next, the 30th day of October, in the year of our Lord, 1871, and on that day and date, deliver over to the Hon. Benjamin Conley, President of the Senate, the Executive powers of the Govern raent, until the election and qualification of a Governor, in the mode prescribed by paragraph IV., Article I'V., Section 1 of the Constitution of this State. And the Secre tary of the Executive Department will enter the foregoing of record in the Executive Minutes, and place the Capitol building. Executive records, Docuraents, Seals, and Mansion in the control of the said Benjamin Conley, upon his taking the oath of office prescribed by Paragraph V,, Section I,, Article IV. of the Constitution. "RUFUS B.BULLOCK, Governor." On the 23rd of October, 1871, the Executive Minutes show that R. H. Atkinson, Secretary of the Executive Department, says that he trans mitted, by direction of Governor Bullock, this resignation to the Hon. D. G. Cotting, Secretary of State, to be filed in his office. On the 30th day of October, 1871, at 3 o'clock p. m., seven days after the resig nation, and after Mr. Atkinson's clairaed transraission of the sarae to Mr. Cotting, the Executive Minutes show that Mr. Cotting thus addressed Hon. Benjarain Conley, President of the Senate : " Sir : — I have at this moment been placed in possession of the enclosed coraraunica tion, frora the Hon. R. B, Bullock, being his resignation of the office of Governor of the State of Georgia, said coramunication beine transmitted to me through the hands of Col. R. H, Atkinson, Secretary of the Executive Department. •' I hereby give you notice to repair to the Capitol, in Atlanta, within ten days of the date hereof, and take the oath of office, as Governor, before any Judge of the Supreme, or Judge of the Superior Court, otherwise it will be my duty to consider you as having resigned, and I shall proceed to inform the Speaker of the House of Representatives." The Executive Minutes show that on the sarae day, the Hon. Benjamin Conley, President of the Senate, took the oath of office, and was installed as Governor, by Chief Justice O. A. Lochrane. Though the resignation was seven days made before announcement, no whisper of it got out. It was managed with wonderful secrecy, and when it was given to the public. Gov. Bullock was out of the State, and Mr. Conley acting Governor. The Washington Patriot stated that Gov. Bullock admitted to a United States Senator, that he did not like the course politics were taking, and he feared impeachment. There is no doubt that Gov. Bullock apprehended impeachment, and it was a SEVERE C0MMENT4RY UPON GOVEENOE BULLOCK. 461 subtle -stroke to resign, before the new Legislature raet, and not only escape this, but devolve the State government upon Mr. Conley, instead of the President of the new Senate. Gov. Bullock wrote a letter from New York giving his reasons for resignation, in which he took a parting and malicious blow at the State. He stated that a raajority of the House of Representatives had pledged themselves to vote for articles of impeachment against him without in vestigation, and that the Senate had determined to unseat a sufficient number of Republican Senators to secure his conviction without regard to the truth and validity of the charges. He also charged that the peo ple of Georgia had recently denounced or ignored the Constitution of the United States. This letter created a deep indignation against the fugitive, and the General Assembly by solemn resolution branded it as false and defamatory. The resignation of Gov. Bullock evoked earnest attention over the whole country.' The comment was uniformly unfavorable, and some of it stinging. The New York 'World said he was " No bleeding martyr, but a spavined rogue." The Boston Post declared that he " Preferred speedy slaughter by his own act, to the more painful fate — a living Bar becue in fact." • Williara Markhara, one of the raost pronounced Republicans in Georgia, was reported in the press to have said of Bullock: " His whole administration has been in violation of every principle of honor, and dis graceful to the Republican party, and regardless of the interest of the people of the State.'' Gen. Toorabs expressed, perhaps, the justest judgraent upon. Gov. Bullock's adrainistration in these 'words: " He certainly deserves to be impeached. He has committed a hundred offenses, any one of which is sufficient to convict hira. The trouble with the fellow is that he don't know half the time when he does wrong. He does not understand the law nor the duties of his position," In 1872, when Gov. Sraith was the Executive, and the bond investi gating committee discovered that the City bonds of Atlanta pledged for the payment of the $60,000 mortgage upon the Opera House had been abstracted frora the State, leaving the raortgage unpaid, a warrant drawn by Gen. Toombs charging Gov. Bullock with the larceny of these bonds was issued, and upon it a Requisition was made upon Governor Hoffman of New York for Gov. Bullock, Col. John B. Cumming being the State's agent. Gov. Hoffman objected to the affidavit. Gen. 402 bullock's exteaoedinaey caeeer. Toombs drew another one, very lengthy and technical, and a new Requisition was issued. Col. Cumming reaching Albany Saturday, March 30, 1872. Gov. Hoffraan still objected. Gov. Sraith sent a tart telegraph, expressing the opinion that Gov. Hoffman was quibbling. On Tuesday Gov. Hoffman issued his warrant for Gov. Bullock's arrest, and Col. Cumming proceeded to Albion, New York, to find his game gone, and a broken down horse in the stable. From this time on he was hiding out, avoiding arrest. The Atlanta Constitution had this editorial written by the writer at that time, that expressed the sentiment of the good people of Georgia: " The career of Bullock is a fine instance of extraordinary alternations of huraan vicissitude, " Bubbled to the surface araid the convulsions of political disorder and social turmoil, he rode for a while on a despotic pre-eminence as a stranger Executive of the proud State of Georgia, The absolute supremacy of his power and his cool disdain of tram mels for three years constitute a picture of bold, evil rule not often seen, and admirable in its malicious aud tyrannical consistency. The man made and unmade Legislatures, toyed with the State's sacred sovereignty like a worthless bauble, swayed the judiciary, and scattered the people's raoney with the lavish liberality of a prince, and the reckless caprice of a raunificent raadman. " He preserved his gorgeous deportment amid it all, arrayed like a monarch, imposing in presence, smiling and affable, the princely, imperturbable and benignant patron of thieves and adventurers. " His abdication came like a lightning stroke in the very zenith of his power. Down the metallic deity fell with a long descent and a dull thud. Governors have played the game of justice over the highcockolorum fugitive, and to-day sees hira a miserable skulker from the offended law ; and an outcast frora home, friends, society and govern ment," In 1876, Gov. Sraith raade a successful atterapt to arrest Gov. Bullock, sending Col. O. P. Fitzsiraraons, recent United States Marshal of Georgia. Gov. Bullock gave bail easily. The case lingered for a year or two in the courts. Gen. L. J. Gartrell was his leading counsel. On the final trial, the proof connecting him criminally with the frauds on the State was not sufficient, and he was acquitted. In estimating Gov. Bullock's administration, the tirae has hardly come to do it exact justice. It has been too recent. It was an event ful one all through. It was rancorous, turbulent, revolutionary. It was in antagonism to the good people of the State. It was frightfully bad. And yet the tiraes were conducive tq much of the wrong. Bul lock was warped by provocation, by necessity, by desperate stress, by unprincipled connections, by horribly evU counsel. He was naturally a clever, amiable, correctly disposed person. He started wrong and never got right. A CEITICAL ESTIMATE OP GOV. BULLOCK's ADMINISTRATION. 463 He had to contend with an opposition that was sensitive and soured, that had been harried and was resentful, whose chivalry and honor were both inflamed almost to madness by believed outrage, that he justified. He had neither tact, statesraanship nor congeniality with the people of Georgia. He represented a party, coraposed raainly of newly enfran chised negroes and foreign adventurers, that pressed an odious pubUc policy. He was the agent of a disagreeable raission. He not only did not lighten its severities, but he increased thera. At best, he must have evoked dissatisfaction. He did the worst that could have been done, and he drew execration. He resented it, and the conflict between hira and the people became reckless and unsparing on both sides. It was a desperate conception that he carried through, to uptear accomplished reconstruction, because his power was not as absolute as he wished. His very success in the doing of this unspeakable wrong, made the way easy to every species of Executive dereliction, since Congress, in the caprices of reconstruction tyranny, seemed willing to comrait any enorraity and approve any crirae at the behest of its loyal Southern dynasties. Had the certainty of responsibility been sure, many risks of transcended authority would not have been taken. But be the temptation what it may. Gov. Bullock's term was contin uously worthy of censure. It grew in its criminality. It was unbrokenlv evil. Every step was marked by personal scheming, disregard of nat ural feeling, wasteful extravagance, violations of law and wantoft attempts to degrade the State's autonomy. These are hard words. But they are coldly deserved. The siraple, undeniable official facts justify thera. And not the least censurable feature of this painful episode of evil, was that it was successfully achieved by the vile weapon of State defamation under the hypocritical pretext of the public interest. Honest men enough at the North were made to believe that the Christian people of Georgia were such a set of piratical law-breakers and brutal conspirators against legitiraate Federal authority, as to deraand the very dissolution of government, and the substitution of an armed anarchy for the protection of society and obedience to Federal power. The whole rule of Gov. Bullock, in the writer's judgraent, was crirae — against the State, the Nation, and huraanity. That rule fitly ended. It went out in disgrace and amid public rejoicing. And it will live in the cool, clear future as the darkest era of Georgia history. CHAPTER XLIL THE FINAL ACT OF JOYOUS STATE REDEMPTION. The Legislature of 1871. — An able Body. — Its vast Work. — Its Personelle. — L.N. Tram mell. — Jaraes M, Smith, — Prolongation Again, — Gov. Conley and Bullock's Term, — Democratic Moderation, — President Trammell's Patriotic Sacrifice, — Election. — Conley's Term, — Its Good and Bad. — Democratic Convention, — James M. Smith Nominated and Elected Governor. — The Republican Perplexity.— Gov, Smith's Inauguration — The Public Joy. — Foreign Comment. — The New York World on Georgia, — Obituary on Georgia Radicalism from the Atlanta Constitution. — E.x- Gov. C, J. Jenkins' Superb Letter, — He Restores the Great Seal of the State. — The Dark Period of Reconstruction Rule, — The Fateful Decade from Secession to Complete Restoration. — An Era of Red Terror and Black Misrule, — The Proud Spectacle of Regenerated Georgia, The Legislature convened on the first day of November, 1871, two days after President Benjamin Conley, of the Senate, took Bullock's place as Governor. This body was an unusually able one, and it asserabled under circurastances of unspeakably grave public import. Tts work was incalculably important, and while it made some raistakes, its general action was able and patriotic. Twenty-two of the old Senators held over and, twenty-two new ones were elected. Among the new ones were some very strong men. In fact, nearly every one of the new Sen ators was a public man of recognized power in popular leadership. Among them were R. E. Lester, John C. Nichols, L. C. Hoyle, B. B. Hinton, R. Jones, Charles C. Kibbee, T. J. Simmons, E. Steadman, WUliam M. Reese, W. S. Erwin, M. V. Estes, George HiUyer, Jaraes R. Brown, and L. N. Trainmell. T. J. Simmons has been President of the Senate, and is now Judge of the Macon Circuit. A tall, fine-looking gentleraan with heavy blonde whiskers, a most genial person. Judge Simmons has been a valuable and successful public man. He has never been beaten. Judge William Reese was an ornaraent to the Bench and an incomparable legislator. Clear, positive, practical, honest, he has had great weight in every delib erative body in which he has served. George Hillyer is now Judge of the Atlanta Circuit, and fast building into an enviable reputation as a jurist. James R. Brown is a brother of Gov. Brown, and has THE LEGISLATUEE OF 1871. 465 many of the strong characteristics of his more faraous kinsman. He is now Judge of the Blue Ridge Circuit, and both in the legislative chamber and upon the bench has been marked by fine practical sense, thorough courage and imraovable honesty. Hon. L. N. Trararaell was unanimously elected President of the Senate, by a voice vote, without even the formality of a written ballot. This was a deserved tribute to Mr. Trammell, and no gentleman has ever sustained himself as a presiding officer with raore parliamentary skill and personal dignity. His administration was simply perfect. Quick, irapartial, firm, courteous, thoroughly versed in parliamentary law, he governed the deliberations of the Senate with consuraraate tact. The House also had some marked men on its roll. There was John W. Wofford, W. H. Payne, Isaac RusseU, Eraanuel Heidt, W. D. An derson, E. D. Graham, R. W. Phillips, Morgan Rawls, Dunlap Scott, M. R. BaUenger, E. F. Hoge, Henry Jackson, J. C. Fain, R. L. Mc Whorter, W. E. Simraons, Garnett McMiUan, Geo. F. Pierce, J. W. Murphy, G. W. Bryan, W. P. Johnson, H. W. Riley, S. E. Field, J. M. Smith, .L F. Pou, L. J. Aired, M. H. Bunn, J. H. Guerry, J. B. Cum ming, Claiborne Snead, C. B. Hudson, J. C. Dell, John I. Hall, J. W. Renfroe. Of all these bright gentlemen, perhaps there was none of them more brilliant than Garnett McMillan. He possessed a fervent, flashing mind. He died several years after. W. E. Simmons was a person of unusually strong intelligence. W. H. Payne was a man of cool, substantial caliber. George F. Pierce has been alraost continu ously since in legislatures and conventions, and has an oratory alraost equal to his gifted uncle. Bishop Pierce. He is now Solicitor of one of the judicial circuits. 'W. P. Johnson was a son of H. V. Johnson, and a young raan of bright brain. J. W. Renfroe has since been State Treasurer for five years, raaking a wonderful administration. Claiborne Snead is now Judge of the Augusta Circuit, and a young man of uncomraon power. One of the raost notable men in this body was John I. Hall, who has been Judge of the Flint Circuit. He has been a warm friend of Gov. .lames M. Sraith. Judge HaU has been one of the cleverest political raanagers in the State, with a singularly practical vision of the public temper, and a wary, shrewd use of political opportunities. A very promising young man was Henry Jackson, eldest son of Gen. Henry R. Jackson, who has figured so briUiantly in Georgia History in the last quarter of a century. Whether as a lawyer or legislator, Capt. Henry .lackson has been a marked young man. He has been Reporter of the 30 466 THE BATTLE FOR THE GOVERNOR'S OFFICE. Suprerae Court for nearly ten years, raaking as efficient an official as the laraented Thos. R. R. Cobb, whose daughter he married. The House organized by the selection of James M. Sraith as speaker. Col. Sraith had been a gallant officer in the war, and a member of Con gress. He was a person of solid, powerful build, with a square resolute face, and an appearance of rugged strength that betokened the type of his mind. A self-made raan, originally a blacksmith. Col. Smith, who afterwards became Governor, was a strong and rising character. He was an able lawyer and an effective political speaker. At the time of his election as Speaker, he was in a law co-partnership with Col. P. W. Alexander, the famous war correspondent, " P. W. A." Col. James D. Waddell was elected Clerk of the House. The important question that confronted the Legislature was, who should be Governor, Benjamin Conley, President of the last Senate, whose term had expired, and who was no longer a senator or president, or L. N. Trararaell, who was the President of the existing Senate ? The Con stitution devolved the duties of Governor upon the President of the Senate. The Deraocrats claimed that when Mr. Conley ceased to be President of the Senate, he had no right to act as Governor, and when Mr. Trararaell became President of the Senate he became endowed with the right to discharge the Executive duties. That this was the law the best lawyers agreed, and it was the legal solution of this very vital issue. Gov. Conley not only claimed the right to be Governor, but he raain tained that he should serve as Executive for the whole balance of Gov. Bullock's term. Prolongation had been the Republican theory, and it was pursued in this instance fearlessly. It was a fitting and picturesque termination of reconstruction rule, that it should be marked' by this battle for the Governorship, this contest for the executive authority. There never has been a finer piece of political raoderation than the con duct of the Deraocrats in this eraergency. Nor has there ever been a loftier exhibition of patriotic self-sacrifice than the action of President Trararaell in foregoing his undeniable right to step into the august hon ors of the executive office. In a spirit of conciliation and conservatism, admirable and conclu sive in falsifying the slanderous aspersions upon deraocratic peacefulness, the Legislature permitted Gov. Conley to hold until an election, and passed a bill to have an election on the 3d of Deceraber, 1871. Gov. Conley vetoed the bill. But it was passed over his veto. The Repub licans made a prodigious noise over this measure, and denounced it as GOVERNOR conley's ADMINISTRATION. 467 revolutionary. But it was all in vain. With a. quiet firmness, the Democratic policy was carried out, and the work of State regeneration proceeded to its complete consummation. Gov. Conley's adrainistration was a very great iraprovement on Gov. Bullock's. He did some commendable things. He did some acts for which he was severely censured. He stopped immediately Gov. Bul lock's extravagant proclamation business. He paid out some $25,188 of the contingent fund in the two raonths and twelve days of his incumbency. He also pardoned Foster Blodgett for all possible charges against him growing out of the State Road administration. For these two acts he received much popular animadversion. He had several lively conflicts with the Legislature. He vetoed a bill reducing legisla tive pay to seven dollars frora nine; another continuing the session five days beyond the constitutional forty days; another repealing a Bullock law reraitting the payment of poll tax for the past three years; another repealing the District court law; another repealing the India rubber twentieth section of the appropriation act under which Gov. Bullock had spent hundreds of thousands of dollars on every species of claim; and another authorizing an investigation of our bonds. These were all party battles, and were made by Gov. Conley to press Republican strategy. The tussle between Conley and the Democrats became right animated. He was garae and personally honest, but he was an uncoraproraising partisan, and struck the deraocracy every hard blow that he could. No charge of inconsistency could move him. He had prolonged hundreds of days in the Bullock Legislature, but yet he vigorously stormed over the alleged outrage of Democratic prolonga tion of five days to wind up business. He took $9 a day for 320 days, but conderaned Democratic extravagance that wanted $7 a day. He was scored roundly with these inconsistencies, but it made no difference. He pounded away vigorously upon the Deraocrats, and he gave them a deal of trouble, and kept thera actively retorting. The Democratic convention to nominate a candidate for Governor, met in Atlanta, on the 6th day of Deceraber, 1871. There were 372 delegates from 134 counties. Among the delegates, were Barney Hill, T. G. Holt, C. C. Kibbee, M. Rawls, R. T. Fouche, J. C. Fain, T. M. Peeples, W. E. Simraons, A. D. Candler, G. F. Pierce, B. B. Hinton, H. L. Benning, M. Blanford, L. F. Garrard, P. W. Alexander, A. R. Lamar, L. J. Aired, J. C. NichoUs, J. T. Clarke, J. B. Cumming, C. F. Crisp, C. W. Hancock, C. J. Wellborn, I. E. Shumate, J. A. W^ John son and William M. Reese. This was the first political appearance of a 4G8 GOV. JAMES M. SMITH ELECTED AND INAUGURATED. very bright young man, C. F. Crisp, son of a distinguished theatrical actor. Mr, Crisp is now Judge of the South-western Circuit, and is a rising jurist. Hon. Julian Hartridge was elected Chairman of the Convention. The contest was between Herbert Fielder, Gen. W. T. Wofford and Col, .lames M. Smith. Fielder and Wofford withdrew, and Smith was unanimously nominated. A new Executive Coraraittee was appointed, consisting of Clifford Anderson, E. F. Hoge, J. B. Cumming, C. W, Styles, J. C. Dell, .L H. Hunter, C. C. Kibbee, W. O. Fleming, A. R. Lamar, H. Buchanan, A. D. Hammond, J. I. HaU, G. F. Pierce, J. D. Mathews, G. McMillan, W. E. Simmons, J. T. Burns, and C. D. Mc Cutchen. The Republicans finaUy decUned to run a candidate. Col. H. P. Far row published a letter afterwards, g'iving an interesting account of the Republican perplexity. A caucus was held at the capitol, consisting of J. Johnson, .lohn S. Bigby, J. R. Parrott, ]\Iadison Bell, R. L. Mott and others. The BuUook administration was the incubus. There seems to have been an entire repudiation of BuUock's rule. They " were in no way connected with the BuUook ring." Foster Blodgett's resignation as Chairman of the Executive Committee was received, and James At kins was nominated for Governor. Col. Atkins declined. Amono- the phrases used in this Republican caucus were such as " the shameful administration of Gov. Bullock; " "fled the country dishonored, yet ' unwept, unhonored and unsung ! ' " and " betrayed in every essential particular the confidence of the party." James M. Smith was elected Governor, tlie fact that there was no opposition causing a Ught vote, only 39,705; and Gov. Conley in his message transmitting the ballots to the General Assembly, with some bitterness, but incorrectly, clairaed that the smaUness of the vote dem onstrated that the people of Georgia did not desire an election to fiU the unexpired terra of Gov. BuUock. The Governor elect resigned his place as Speaker, and ,Ios. B. Cumming was elected in his place. On the 12th day of January, 1872, Gov. James M. Smith was inau gurated amid universal rejoicing. The Representative Chamber was packed. Gov. Smith was accorapanied by the State officials and Judges, Gen. Toombs, Gen. Colquitt, ex-Gov. Joseph E. Brown, P. W. Alex ander and others. His inaugural was a concise, earnest address, that was fuUy applauded. He used this expression: " Recurring to the occasion which has brought us together to-day, it cannot escape the raost careless observer, that we have assembled under circumstances of an extraor- GEORGIAS REDEMPTION. 409 dinary character. The late Governor, whose unexpired terra of office I have been chosen to fiU, is a voluntary fugitive frora the State of his adoption. During his brief incum bency there has been au addition of untold miUions to the public debt. He has left the finances of the State in the utmost confusion and disorder." No words can convey the depth and fervor of the public joy over this restoration of a rule resting on the free choice of the people. Over the length and breadth of the commonwealth welled up one universal, deep- souled acclaim of gladness. There was a double satisfaction in the event, the end of misrule and the inauguration of good govemment. The despotism of the bayonet was gone, and it seemed as if we had, after an unspeakable pilgrimage, reached the promised land. Nor was the rejoicing confined to Georgia. From every part of the Union carae back to us congratulations and the responsive echoes of our delight. Some of the comments were very striking. The New York 'World in particular raade the event the subject of sorae reflections that contain a profound philosophy, and well merit quotation. Said this journal: " Georgia, more than any of the Southern states, has suffered from the process of reconstruction, and her present deUverance is an ample proof of how futile that process has been. All the powers of the Federal Government — the array, the treasury', the courts — have been -exhausted to keep her in a certain position, and at the first election we find her escaping out of that condition and assuraing a position of her own. Had it been sorae powerful Northern state, like New Y"ork, or Blassachusetts, or lUinois, that had been tirae and again bound hand and foot, and yet burst its bonds almost in the instant they had been completed, the wonder would not be great ; but that a beaten and impoverished commonwealth like Georgia has risen superior to the whole strength of the Administration is soraething araazing. It shows how Uttle real root tliere is in centrali zation, aud how fully able a State is to cope with the whole Federal Government when that Government is prostituted to party ends. Nothing that Congress could do — nothing that the President could do — has been able to keep this State in that vassalage to which Congress and the President bent all their energies to reduce her. It has been impossible to keep the cork uuder water, whatever the superimposed force. No less than seven acts of Congress were leveled at Georgia ; no less than tliree times was her civil establish ment superseded by martial law ; and the end of it all is that the State is to-day just where it was in 1866 — in absolute and entire control of her own people. The recon structed legislature is gone, the reconstructed judiciary is gone, the reconstructed Gov ernor is a fugitive thief, the bayonets are gone, the laws are inoperative, aud, in the lauguage of the ring, the State, after an infinitude of punishment, comes up to the scratch smiling and knocks its antagonist out of tirae." If the public happiness was great over the exhilarating spectacle, that one of Georgia's own sons, by her own untrammeled suffrages, sat in her honorable Executive seat, there was an equally profound sense of relief, that the dismal reicrn of Radical misgovemment had ended forever. 470 OBITUARY OF GEOEGIA RADICALISM. The writer at that time gave expression to the popular feeling in the foUowing editorial article in the Atlanta Constitution, which a general reproduction in the State press attested to be the public conception of the defunct reconstruction dynasty, and which, though written in the haste of rapid preparation and with the over-coloring due the feverish times, presents the truth: " OBITUARY. GEORGIA RADICALISM. Perished through its own corruption, 12 M., January 12th, 1872, In Atlanta, Ga., In the Representative Charaber of the General Assembly, And by the free ballots of the virtuous people it outraged. The detestable body of Georgia Radicalism. It was aborted January SOth, 1868, Of the horrible rape of State Sovereignty By the brutal Bayonet. It lived three years, eleven months and twenty seven days, A ghastly thing Of ceaseless, infinite, unnamable Villainy. ' It debauched the State's Chief Magistracy Into a hissing term of loathsome scorn. And a glaring by-word of ignominious reproach. It clutched in its leprous grasp the State's Pure Judiciary, And bedraggled it iu slime Until its spotless ermine was as black and offensive, As Radicalism's own adored Africa. It transformed the State's Great Legislature Into a howling pandemonium of indecency and plunder. An unconvicted penitentiary of thieves, blackguards and felons. In which a few good men Made the large raajority of its members More conspicuously infernal by the tremendous contrast. Politics it reduced to a scientific scheme of Political Harlotry, Hypocritically making a hobby of Education, /( Stole Every dollar of the State Educational Fund, In the name of justice, It turned loose the imprisoned convicts OBITUARY OF RADICALISM CONTINUED. 471 Of the whole broad State, To recruit its corrupt ranks and create crime. It ascribed this crirae to' the virtuous people. To perpetuate its power By making such purposed disorder A diabolical pretext For the overthrow of State government. And the interference of national despotism To crucify the commonwealth For the Radical benefit. It made the State A hell. In practice for its own certain destination. It pounced its ravenous claws On the State's giant property, its great railroad, With the rabid rapacity of a hungry hyena. And its plan of gobbleraent wiU glare Through the accumulated rottenness of ages An unequaled model for all Big and bold-schemed bandits. If it had a single virtue. Concentrated microscopic partiality Has failed to find it. Malice knows no crirae it has not comraitted. While it has enriched The ca,talogue of Satan With its new and devilish devices Of EviL To the State's honor Be it eternally said That it found little State stuff. Vile enough for its use. It iraported Its scamps from the moral North, And the hegira Of its gorged buzzards home Under the law's lash. Leaves little of its organism Save the deluded masses Of its despised, robbed and ignorant Africans, Who rue its rule. And curse its existence. It spewed all the good men from its association. And left thera sick, shocked and stranded Ou the great rock Of a reraediless political blunder. But we cannot hope to do it justice. 472 THE EECONSTEUCTION RULE. Words are unequal to the task. What evil it did not do Was not from want of venom But of physical capacity. The hottest torture It will know in the flames Of its inevitable home will be Its own uuappeased raalignity, - Its hungry disappointment at unaccomplished crimes. To sum up its record It has broken every law. Violated every decency, betrayed every trust. Injured every interest, hurt every industry. Wronged every citizen, neglected ^very duty, Coraraitted every crime, omitted every virtue. It has done falsehood, theft, hypocrisy, Slander, perjury, oppression, blasphemy, Murder, treason and sacrilege. Hereafter among Shame's penalties. The most stinging blazonry of Scorn Will be the mere fact That a man was Of it. Its short career constituted Georgia's Dark Days. Its downfall Makes up a joy and a blessing As bright and blissful As its rule was dark. And lauguage cannot convey that. Its epitaph No tirae can obliterate From the hearts of future As well as present generations. It is this : CURSES ON ITS MEMORY." It may well be conceived that a rule that drew such contemporaneous expression of conservative opinion had been black and heavy indeed. On the 30th day of January, 1868, Gov. Jenldns was removed by Gen. Meade. On the 4th day of July, 1868, Gov. Bullock assuraed to be Chief Magistrate as Provisional Governor. On the 21st day of July, 1868, he was sworn in to the Executive trust. On the 30th day of Oc tober, 1871, he resigned. And on the 12th day of January, 1872, Gov. Jaraes M. Smith was installed as the Executive. From the 30th day of January, 1868, to the 12th day of January, 1872, of this never-to-be EX-GOV. JENKINS EETUENS THE GEEAT SEAL OF STATE. 473 forgotten epoch of a foreign and hostile rule, it was four years lacking eighteen daj's. One touching act of restored sovereignty needs record to coraplete the picture of joyful State rederaption. Ex-Gov. Charles J. Jenkins, with the conclusion of military domination, returned from his long exile and gave back to the custody of a lawful Executive the great Seal of State, and certain executive papers that he had taken with hira. The letter of ex-Gov. Jenkins, in discharging this agreeable duty, is a paper of exquisite diction, lofty sentiraent and noble dignity. There is no docuraent araong the great records of this or any other State or Govern raent to surpass this superb emanation of an exalted and patriotic states manship. It presents the chronicle of the abhorred rape of our State's sovereignty, and his own dutiful efforts to protect the coramonwealth from ignominy, in fitting language and an heroic spirit. Breathing the sentiment of liberty and law, speaking a broad devotion to the princi ples of a constitutional government, irabued with the heroisra of raartyr- dom for the right, and maintaining in lofty words the obligations of personal honor and official responsibility, this great enunciation of the noble Jenkins was alike an immeasurable rebuke to the evil dynasty it followed and a glorious inauguration of Georgia's regenerated majesty. This peerless paper thus characteristically concluded in words deserv ing forever to live: " The removal of the books and papers was simply a cautionary measure for my own protection. Not so with the seal. That was a symbol of the Executive authority, and although devoid of intrinsic material value, was hallowed by a sentiraent which forbade its surrender to unauthorized hands. Afterwards, whilst I was in Washington, vainly seeking the interposition of the Supreme Court, a formal, written deraand was raade upon me by General Ruger for a return of these articles, with whicii I declined to com ply. The books and papers I herewith transmit to your Excellency, that they may re surae their place among the archives of tlie State. With them I also deliver to you the seal of the Executive Departraent. I derive high satisfaction from tlie reflection that it has never been desecrated by the grasp of a railitary usurper's hand, never been prosti tuted to authenticate official misdeeds of au upstart pretender. Unpolluted as it came to me, I gladly place it in the hands of a worthy son of Georgia — her freely chosen Ex ecutive — ray first legitiraate successor." Counting the years from the 19th of January, 1861, the day of seces sion, to the 12th of January, 1872, which witnessed the complete restora tion of the wandering star of Georgia to the orbit of the Union, a period of eleven years lacking one week, and we see what must ever be the most stupendous era of her history in its events and changes. The raind fairly reels in the retrospection of this turbulent decade. It is such an 474 geoegia's fateful caeeee from secession to redemption. historic picture as the future chronicler will dwell upon with wonder and awe, and portray with a pulsing pen. Starting from an unparaUeled prosperity and progress in a sunny peace, the lordly craft, cut from its raoorings by its own friendly hands, shot into the fiercest storm of human annals. There was no extreme of woe, blood, wreck, ravage, anarchy, misrule, despotism and shame that it had not suffered to the very dregs. War was terrible; peace proved more so. Failure seemed the culmination of ignominy; fortune showed the mistake. An evil destiny fatigued its invention in the supplement of grotesque dishonors it swarmed upon a shattered comraonwealth. The story of shade, blight and rancor can never be exceeded. To see a community of a million of people tossed for eleven long years in such a drift of mad event is something touching, and full of aAve. It looked as if a dark fate delighted in expending its endless catalogue of hor rors upon one poor republic. The unconquerable vitality of a fine state hood was shown in this iron ordeal. Like a repressed giant, the spirit of our free people was indoraitable and asserted itself with resistless force. As soon can the untaraable wind be cribbed, as to curb the aspiring life of a manly breed of men. It was a decade picturesque with red terror and black raisrule. It piled woe after woe upon the State. It furnished prodigally every experience of huraan suffering, and every fantastic phase of raisgovern- ment. But through it all, a Christian citizenry carried its honor, its spirit of freedora, its integrity and its religious civilization, sacredly preserved, and the very second that raarked the withdrawal of the rude grasp of repressive power saw the proud and instantaneous spectacle of a re-established State nationality, erect, perfect, and august, the very incarnation of an enlightened popular sovereignty — Regenerated Georgia. CHAPTER XLIII. GEORGIA'S FAMOUS EXPURGATION OF FRAUDULENT BONDS. Ex-Gov. Joseph E. Brown's Emergence from Odium. — His Opposition to Bullock's Schemes. — The Seeley Trick Rebuked.— The State Road Lease, — Gov. Brown Re solves to Fight a Duel with Gen. Toorabs. — The Correspondence, — Official Changes. —J. G. Orr.^Gov. Sraith's Staff,— P, W, Alexander,— J. W. Warren.— T. M. Norwood Elected United States Senator. — The Great Bond Question. — The Bond Committee, Simmons, Hall and McMillan. — Report. — Statement of Bonds. — The Bonds Rejected, — The New Legislature, — Its Personelle, — T. L. Snead and his Bond Coraproraise, — A Measure of State and National Agitation, — Letters of Leading Georgians upon it. — The Constitution of 1877 Settles the Bond Matter FinaUy. It was a significant fact that ex-Gov. Joseph E. Brown accompanied Gov. Smith to be inaugurated. The long and painful separation frora his forraer political allies was coraing to a fitting close. It was destined to be still a long tirae before he carae back to the full poUtical fellow ship that was due to his sincerity of conviction and thorough courage. While in no way had the raerited bitterness against the venal recon structionists abated, the public raind was discrirainating, and men occu pying Gov. Brown's position were getting a correcter judgraent. Gov. Brown sturdily antagonized the wrongs of the Bullock regime, and he effectively opposed the iniquitous attempts at additional gratuitous re construction acts for Radical partisan purposes. No man was more devoted to the best interest of Georgia than he, and while he was for acquiescing in inevitable hardship, he was the last raan in the State to seek the imposition of superfluous ignominy upon the people. A man by the name of Isaac Seeley sent out a circular urging that affidavits be gotten up to show that voters were denied the right to vote by challenges for non-payment of taxes, and if necessary. Repub licans raust challenge each other at the polls. The object of this swin dling trickery was to raanufacture a foundation for Congress to pass an act to prevent abridgraent of voting by the assessraent of taxes. This was one of the innuraerable Radical schemes for controlling the State through Congress that were so ingeniously used in that day. Seeley sent a circular to Gov. Brown, who, in an open letter, exposed and 476 THE state road lease. denounced the villainy, and declared that the wisest thing Congress could do was to sweep from the statutes the last vestige of political disability. The battle over the State road was hard fought, and a striking triumph for Gov. Brown. A rival company, composed raainly of At lanta citizens, had sought to lease the road, but had been defeated by Gov. Brown's company. The most determined effort was made to break up the lease. The papers were filled with the subject. It was brought before the legislature. A joint committee was appointed to investi gate and report upon the fairness or unfairness of the lease, coraposed of Senators Wra. M. Reese and A. D. Nunnally, and Representatives G. F. Pierce, Geo. M. Netherland and C. B. Hudson. The inquiry was exhaustive. Every possible witness was examined under oath. Ma jority and minority reports were raade. There were extensive discus sions. The fight was full of very hot blood and a deep conflict of moneyed interest. The purpose to break the lease was resolute and acri monious. There was no tendency to compromise, but the fullest deter mination to fight it out on both sides to the bitter end. The legislature finally sustained the lease by an overwhelming ma jority, and Gov. Brown had reason to be proud of his victory. He had the best metal of the State pitted against him. His manageraent of the long conflict was a raodel of cool temper, sleepless vigilance and masterly force. It was curiously illustrative of the disrepute into which the expelled Bullock regime had fallen, that the heaviest burden the Seago Company, as it was called, had to carry, was the connection with it of Foster Blodgett's name. There is an interesting feature of this memorable lease that deserves mention. Nearly all of 'the original lessees have sold out their shares, and yet the practical anomaly is seen of the new owners, being unable under the lease law to control their property, which remains under the management of the first lessees, who alone are liable to the State, and with whom alone the lease contract was raade, and who by the statute are raade the directors of the company for the whole period of the lease. We now come to a strange episode in Gov. Brown's life. He seemed destined to have every possible experience that falls to man. The drama of his career was a complete catalogue of surprises and alterna tions. He had been from boyhood a member of the church, a devout, pious Baptist, a man of prayer, a pillar of his denoraination. His life was practicaUy Christian. It was a powerful set of circumstances that led him- deliberately to prepare to enter into a duel under the Code. Yet this he did, and Gen. Robert Toombs was his antagonist. No one contem- the duel BETWEKX BR0W.\ .VXD TOOJinS. 477 plated the idea for a raoment, that Gov. Brown would determine upon sucli an act, so foreign to his life and character. But in the long- years of political proscription and personal abuse, a nature constitutionally combative, had become fired by a keen sense of injustice at the savage invective, that while much abated, still fusilladed him with considerable vigor from several quarters. Gen. Toombs, with a capacity for scath ing characterization, had made Gov. Brown a special object of attack. That Gov, Brown should resolve to check the current of vituperation was not an unnatural conclusion for a man of his inherited beUigerence and stern temper. He raade up his mind in his quiet way, to go to the field and fight. He secured Col. James Gardner as his second, and had every arrangement raade to push this issue to extremes. The corres pondence tells the whole story, which is permitted to speak for itself. The duel did not come to a meeting, owing to a hitch that wUl be seen in the correspondence, but it is none the less true that Gov. Brown had made up his mind to fight the duel. And it was a strange result, testi fying loudly to the inconsistency of tlie best huraan nature that Gov. Brown's resolution to fight not only did him a wonderful amount of good with the ungodly, but as they felt he had long suffered great in justice and wrong it pleased his Christian friends, whose raoral and religious ordinances he proposed to violate. The meekest people like pluck and spirited resistance to wrong. Gov. Brown reraained in his church relations, not only not injured by his war-like episode, but with an increased respect and an enlarged church influence. The cause of the difficulty was the following private letter, published by the Griffin News, on the 27th of June, 1872, to a gentleman of that city: "Washington, Jnue 19th, 1872, " Dear .Sir : I do not know the heirs of MitcheU, and do not know wliether tliey are men, women or children, and certainly made no allusion whate\'er to them in the speech referred to, and I will add that I have no doubt tliat if they had any rights to tlie prop erty referred to, they were stripped of the largest portion of their rights, as well as the State. " The journals of the Legislature show, tliat in the face of a direct offer of one hundred thousand dollars for a quit-claim deed to the property in dispute made by Gen eral Austell and otiiers, and of the unanimous opinion of all the lawyers employed in tlie case liy Bullock, except one, that the title of tlie State was clear, the Legislature accepted tlie offer of thirty-five thousand dollars from Lochrane, Kimliall and Brown, who engineered the bill through the Legislature in the name of the Mitchell heirs. " Tho term ' orpliaus of Mitchell ' was applied to thera in derision of the pretenses, under which the people were stripped of tlieir property for the use of these 'orphans.' " This action of the Legislature was the result of bribery, pure and simple. The 478 GOVERNOR brown's DENUNCIATION OF TOOMBS. acceptance of the thirty thousand dollars in lieu of the hundred thousand offered under the circurastances contained iu the journals is conclusive proof of that fact. " I did state further, that as far as ray knowledge extended, all of the public plunderers who pretended to be Democrats, frora Tammany Hall down to the smallest petty lar ceny thief on the State Road, were Greeley men, and so is the fact. " The spoliators of every party in this country dread notliing so much as the return to power of the State Rights Democratic party of the United States, That party is the terror of all the enemies of the public by whatever name they raay be called. " I am very respectfully, your ob't serv't., "R, TOOMBS." Gov. Brown raade this reply in the Constitution of July 3, 1872: "Atlanta, Ga,, July 2, 1872. " Editors Constitution : My attention has been called to a letter publislied iu the Griffin Daily News, signed R. Toorabs, in reference to the passage of the resolution of the Legislature of 1870, corapromising the litigation between the heirs of Sarauel Mitchell and the State of Georgia, in which Gen. Toombs uses the following lauguage : " ' The Legislature accepted the offer of $35,000 from Lochrane, Kimball and Brown, wlio engineered the bill through the Legislature in the name of the Mitchell heirs. The term ' orphans ' of Mitchell was applied to them in derision of the pretenses under which the people were stripped of this property, for the use of these ' orphans,' This action was the result of bribery pure and simple. . . I did state further that as far as my knowledge extended, all the public plunderers who pretended to be Deraocrats, from Tammany Hall down to the smallest petty larceny thief on the State Road, were Greeley raen, and so is the fact.' " Now if Gen. Toorabs intends by his language to say that I have been guilty of bribery in ' engineering ' this bill through the Legislature, I pronounce his statement an infamous falsehood and its author an unscrupulous liar. " Very respectfully, "JOSEPH E. BROWN." Judge Lochrane published an aggressive and denunciatory reply to Gen. Toombs, in which he argued the facts, and thus concluded : " Too long have the interests of Georgia been cur.sed by the bewildering folly of Toorabs. May the God of justice interpose to save the State from the further infliction of his pestilential influence, and as the State has heretofore been spared his precedent, may Providence, in the future, spare her the curse of his parallel." This very neat piece of abuse is given, as in Gen. Toorabs' reply there is some clever counter-crimination. The contest between these two was merely wordy. The difficulty with Gov Brown was a serious affair, and he raeant fight, and conducted the correspondence to that end. Gen. Toombs sent Col. John C. NichoUs on the 9th of July, 1872, to Gov. ( Brown, to informally inquire- if he would give Gen. Toombs satisfaction under the Code. Gov. Brown, in a very polite, but as he considered it a very positive conversation, gave the assurance plainly, as he thought, that he would give satisfaction when called on by Gen. Toombs. After GENERAL TOOMBs' REPLY. 479 Col. NichoUs retired Gov. Brown at once telegraphed his friend. Col. Gardner, at Augusta, requesting him to come to Atlanta by the first train. Col. Gardner arrived on the early morning train of the 10th. Gov. Brown called on him imraediately, and gave hira a full statement of the interview between him and Col. NichoUs. Col. Gardner told him his only mistake was, that he did not have all comraunication on the subject conducted in writing — that if Col. NichoUs should have misun derstood him, or should give a different version of the conversation, it might be unfortunate. Col. Gardner then advised Gov. Brown to see Col. NichoUs without delay, and agree in writing, what was said in the interview. It was early in the morning, and Gov. Brown at once in quired of the hotel-keeper for Col. NichoUs' room. But he was informed that Col. NichoUs had left the previous evening for his home in Southern Georgia. He was also informed that Gen. Toorabs had left very early that morning for his residence in Washington, Ga., and curiously enough Col. Gardner was assigned to Gen. Toombs' vacated roora. As neither Gen. Toombs nor Col. NichoUs were in Atlanta, it was not then in his power to see Col. NichoUs to reduce the conversation to writing, nor to communicate it iraraediately in writing to Gen. Toombs. Col. Gardner then advised hira to reduce the conversation just as it occurred to writ ing, and forward it by express iraraediately to Gen. Toorabs, at his home, so that there could be no dispute about its receipt by him. This Gov. Brown did, and sent the written statement to Gen. Toorabs by the express of that day, and took the receipt of the express company for the communication, which he was informed by the expressmen was promptly delivered. This comraunication, so far as it relates to the interview between Col. NichoUs and Gov. Brown, is copied into Gov. Brown's card to the public, dated July 17, 1872, and need not be inserted here. The address and the raemorandum referring to Col. Gardner's advice to see Col. NichoUs, and have the conversation reduced to writing immediately, are omitted. On the 16th of July, Gen. Toombs published the following article in the Atlanta Sun, dated the 11th. IFrom the Sun.'] " Washington, Ga., July II, 1872. " To the Editors of the Sun ; A brace of ex-Chief Justices, of this State, honored me with their notice and vituperation in The Constitution of the 3d instant. There were a trio of these chevaliers d'industrie engaged in the transactions referred to. The third member of the firm (Mr, H, I. Kiraball) is absent frora the State, I suppo'se, 'from cir cumstances beyond his control.' These assaults excite no surprise, " Since the adjournment of that band of public plunderers whom General Terry and 480 GENERAL TOOUBS' REPLY. Bullock installed as the Legislature of Georgia in Octolier, 1870, I have devoted much of my time and strength in endeavoring to secure tlie persons of these accomplices in guilt, and to preserve the evidence of their crimes from destruction, until the criminal laws could be enforced against tliem, and a ' free parliament of the people ' could as semble to aid the adrainistration of justice, and wrest from the grasp of the spoilers so rauch of their ill-gotten gains as might be within the reach of law or legislation. " These efforts have not been wlioUy unavailing, and I trust Ihave been able to render some small service to some of the very able and efficient committees whom the Legisla ture have charged with the consummation of this great work. My small portion of the work has excited the deepest enmity of the wliole gang of spoliators against me. I accept it as some evidence that I have not labored wholly in vain. " It is worthy of notice in the beginning, that not a single statement made by rae in the publication to which they refer, is denied by either Lochrane or Brown. They do not deny that they, in connection with KimbaU, engineered through the Legislature the resolution ceding the Railroad P.ark property in Atlanta, in the name of the heirs of Mitchell ; nor that the Legislature accepted thirty-five thousand dollars from their clients in the face of a responsible offer of one hundred thousand dollars for a quit-claim deed to the same property; nor that this action of the Legislature was the result of bribery, pure and siraple ; nor that the acceptance of the thirty-five thousand dollars iu lieu of the one hundred thousand dollars offered under the circurastances contained iu the journals, is conclusive of that fact. Here are the specific charges contained in my letter, and the proof referred to, to sustain them. " I shqjl dismiss the reply of Lochrane very summarily. Treachery, mendacity, venality, servility to BuUock and the Radical gang, rottenness in and out of office siuce the surrender, has so strongly stamped his character, that nothing he could now say — no new falsehood he raight utter, and no new crime he might now commit would, in the least degree, affect his public reputation or his private character Avhere he is known. " He boasts of buying a large portion of the Park property, and of large amounts expended in its improvement, when I know that since that purchase, if purchase it be, he has been comproraising his honest debts for about thirty cents on the dollar ; and if the money for the improvements came out of liis purse, it must have been acquired by his practices under color of his profession, or his malpractices on the Bench. " Ex-Chief Justice Brown denies neither of the statements which I affirmed. lie con tents hiraself with quoting from my letter, and then adding : ' Now if General Toombs, by this language, intends to say that I have been guilty of bribery in engineering this bill through the Legislature, I pronounce his statement an infamous falsehood, and its author au unscrupulous liar.' " He quoted the language, and therefore knew I did not ' say ' so. If he felt in doubt about the intention — the construction of the language — ho might have asked for au explanation. The propriety of this course is so obvious that uo geutlem.an could fail to perceive it. Brown preferred hypothetical denunciation, the usual dod^'e of a vulgar poltroon, aud played his characteristic role. He is extremely technical : ' Tf General Toombs intends by this language that I have been guilty of bribery in engineering tliis bill through the Legi.slature,' etc. I think the probabilities are \-cry much against Brown's being personally engaged iu the bribery. I thiuk he is too cunning and skill ful a lobbyist to run any such unnecessary risks, especiaUy Avith such experts as Kimball aud Lochrane, aided by Blodgett, assisting him iu the work of engineering the bill through the Legislature. GENERAL TOOMBs' REPLY. 481 " The plain history of the case, and the examination of the journals of the Legislature (the evidence to which I referred) wiU fully vindicate the correctness of my opinion of the transaction. "Iu 1842, Charles Mitchell, with the view to secure the location of the depot of the road on his land, donated, in fee siraple, by deed of warranty, five acres of land to the State for ' placing thereon the necessary buildings which may hereafter be required for public purposes at the terrainus of said road.' Tho State eutered, occupied and held 'undisturbed possession of this property for nearly a quarter of a century. " In 1867, Brown and Pope brought suit for the heirs of Mitchell for the park portion of the property. No action was ever had on this suit; but in 1868, the case was cariied before the Legislature, and the claim rejected. It there slept until BuUock got another reconstruction act through Congress, and he and General Terry had, by fraud and force, ejected a large nuraber of the true representatives ofthe people, and replaced thera With a sufficient number of his own pliant and corrupt tools to render powerless the honest men whom he could get no pretext for ejecting. " The State being thus prostrate at the feet of the usurpers and plunderers, BuUock, their chief, with a corrupt Judiciary of his own appointment, with a venal Legislature, sounded his bugle and called his clans to the sacking of the Commonwealth. " Lochrane was among the very first to obey the call. In July, 1870, he put in the rejected claim of the heirs of Mitchell, in a proposition to Bullock, to give him the whole of the property in dispute in the suits, except a strip of land two hundred and forty feet wide, between Lloyd and Pryor streets, where the depot then and now stands, for thirty-five thousand dollars. This property was estimated then to be worth between three hundred thousand and four hundred thousand dollars, by sorae of the best citizens of Atlanta. The proposition was referred by BuUock to the counsel lie had eraployed to defend the State's interests. Mr. William Dougherty, Judge Collier, Mr. Hoyt, Judge Hopkins and Mr. Nunnally, of the counsel, met, consulted, and except Nunnally, unanimously decided that the title of the State was clear and unquestionable, and directed one of their number so to report to the Governor. " Judge Hopkins differs with Messrs. Dougherty, Collier and Hoyt as to the other facts, bnt agrees that the title ot the State was clear. " Bnllock sent in Lochrane 's proposition, with a false statement, as was his habit, of a raaterial fact in the case. This message was received on the 13th of October, 1870, referred to a select committee of both houses the sarae day, and on the next day was re ported back with a, recomraendation that Lochrane's proposition be accepted. The counsel for the State had no notice of the meecing of the coraraittee, and were not pres ent, except NunnaUy, whofv whether you hold yourself amenable to the code, and while I admit this is an irregular proceeding in behalf of Gen. Toombs, I make the inquiry.' " Brown — ' It seems to me, this course is extraordinary. Gen, Toombs has nothing to do with my church relations. If he desires to send me a coramunication, I am ready to receive it at any moment, I have conferred with a friend who does not reside in Atlanta, but I will telegraph him at once, and respond to a communication, if made, after referring it to him, without unreasonable delay. Are you Gen. Toombs' friend iu this matter ? ' "NiCHOLLS — 'I am not, in that sense. I expect to have nothing whatever to do with the matter. I only come to make this inquiry, at Gen. Toombs' suggestion. He raay desire a little tirae, as he will have to get a friend who resides out of the .State, for he does not wish to coraplicate his friends in the State.' " Brown — ' I shall not trouble persons out of the State. I have a friend in the State who will serve me.' " NicHOLLS — ' I would like to know whether you hold yourself bound by the code 1 ' "Brown — ' Say to Gen. Toorabs distinctly, that I am ready to receive any communi cation that he desires to send, and if I don't respond properly, he knows his remedy.' " NiCHOLLS — ' What I have done in this instance is simply an act of friendship to Gen. Toombs, because he requested it. I expect to take no part in any unpleasant affair between vou and him.' 484 COLONEL J. C. NICIIOLLS'S VERSION. " Brown — ' Say to Gen, Toombs I hold rayself ready to give him any satisfaction which may be due him, or to which he is entitled as a gentleman.' " This language is in Gen, Toorabs' possession in writing, over my own signature. To be certain that he received it as uttered, it was sent to him, on the 10th, after he left Atlanta, by the first express to his home at Washington. " This code-of-honor gentleman left Atlanta the day after this language was uttered. He responds in the newspapers. I leave the public to judge who is the poltroon, and whether Gen. Toombs preferred newspaper artillery to heavier metal, "JOSEPH E. BROWN." The foUowing publication by Col. NichoUs, giving his version of the interview, was published on 19th of July, 1872: "Atlanta, July 18, 1872. " Gen. Robert Toombs, Atlanta, Ga. : "Dear General : — A card is published this morning in the Constitution and Sun, over the signature of Joseph E. Brown, which purports to give the verbiage of a conversation had with me ou the 9th instant. " This statement of the conversation is substantially untrue, " Gov, Brown states that he was advised to see me ' and have me to agree in writing what occurred,' He failed to follow the advice. He has not approached me on the subject. " As Gov, Brown has seen fit to pursue this extraordinary course, I feel that it is due to you and to myself, that you publish my statement of the conversation. " Sincerely your friend, "JNO. C, NICHOLLS." " A STATEMENT OF THE MATERIAL FACTS OF A CONVERSATION HAD WITH JOSEPH E. BROWN ON THE 9tH INSTANT. " I said : ' I call on you in behalf of Gen, Toombs to ascertain if you are responsible, in the way usual among gentleraen, for the language contained in your card of a recent date ¦? ' " He replied, ' I am responsible for my language.' " I then said, ' Gen, Toombs desires to know if you will give him satisfaction under the code. If he should address a note to you demanding a meeting, wiU you meet him iu the usual way ? ' " I explained that, whilst the inquiry was perhaps made in au informal manner, yet it was thought to be warranted by his well known position in the church. To this he bowed assent and answered : " ' If Gen, Toombs addresses rae a note, I will consult with a friend, and then reply to it. I will answer your inquiry when he subraits it in writing.' He declined to answer the question more directly. "In my opinion, from the language aud manner of Gov. Brown, he wiU decline to answer the inquiry in the affirmsitive, if submitted by you in writing, I am impressed with the conviction that it is his purpose to use a formal call, to your injury, under the constitution of this State, [Signed] "JNO. C. NICHOLLS. " To Gen. Robert Toombs," To this Gov. Brown made the following reply, concluding this episode. GOV. brown's final personal card AGAINST GEN. TOOMBS. 485 which excited a profound interest at the tirae and a large araount of discussion: " TO THE PUBLIC. " Atlanta, Ga,, July 20, 1872, " Editors Constitution : I have read the card of Col. NichoUs, published iu your paper yesterday. Between him and myself there seems to be a conflict of memory as to the ver biage and purport of the interview. But General Toombs cannot shield his poltroonerv in that way, for he could not mistake the language over ray own signature, sent hira by express, and doubtless received by him, before he penned his last card published five days afterwards. " Col. NichoUs, in his card, referring to my own of the previous day, says, ' Gov, Brown states that he was advised to see rae, and have me to agree in writing what occurred,' This statement nowhere appears in my published card, but it does appear in a memo randum appended to my version of the interview, which was sent to Gen. Toombs by express. The proof is conclusive, therefore, that my written statement was received by Gen. Toombs. " The verbal report of a conversation would never be the guide to a proud brave man as to what his honor demanded, when he had in writing before him, the pledge that he would receive, if he caUed for it, the satisfaction due a gentleman. "JOSEPH E. BROWN." Very fortunately a raeeting did not take place, and two very valuable lives were spared, while the State was saved the spectacle of two ven erable and distinguished Statesmen in a life and death encounter. Col. NichoUs erred in supposing that Gov. Brown did not mean to go to the field. And the public universally credited to Gov. Brown the firm pur pose to fight. Comraenting upon this raatter, " H. W. G.," in an exceedingly clever sketch of these "two masterful men," as he felicitously calls them, thus speculated on the result of a raeeting: " While I join with all good men in rejoicing that this duel was arrested, I confess that I have been wicked enough to speculate on its probable result — had it occurred. In the first place. Gen. Toombs made no preparation for the duel. He went along in his careless and kingly way, trusting, presumably, to luck and a quick shot. Gov, Brown, on the contrary, made the most careful and deliberate preparation. He made his will, put his estate in order, and then clipped all the trees in his orchard practicing with the pistol. Had the duel corae off — which fortunately it did not — Gen, .Toombs would have fired with his usual magnificence and his usual disregard of rule. I do not mean to im ply that he would not have hit Gov. Brown ; on the contrary, he might have perforated him in a dozen places at once. But one thing is sure — Gov. Brown would have clasped his long white fingers around the pistol butt, adjusted it to his gray eye and sent his bullet within the eighth of an inch of the place he had selected. I should not be sur prised if he drew a diagrara of Gen. Toombs, and raarked off with square and compass the exact spot he wanted to'hit." Gen. Toorabs had raade grave charges in his card against the parties 486 GOV. brown's letter to the public. connected with the compromise of the case between the state and the Mitchell heirs, which Gov. Brown was not willing to rest under without a statement of the facts in refutation of the charges. He was, how ever, advised by his friend. Col. Gardner, that he could not address any further coramunication to Gen. Toombs on the subject, but that he could with propriety address a^coraraunication to the public, giving all the important facts in the case. He then addressed to the editor of the Constitutio7i, the writer then filling that position, the foUowing publication, which is given to complete the record of this noted contro versy that filled at that tirae so large a share of public thoi^ght: "Atlanta, Ga,, August 5, 1872. " Editor Constitution : " I noticed, a few days since, an abstract in your editorial of the evidence taken before the Committee appointed by the General Assembly, known as the ' Bullock Committee,' in which reference is made to the property in Atlanta, known as the Mitchell property, or park, in front of the KimbaU House. It seems some testimony was taken before the Coramittee, which led them to conclude that there had been fraud, or improper influence in the settlement of the case, between the heirs of Mitchell and the State of Georgia. 'As I was one of the original counsel who brought the action for the recovery of this property ; and of the portion then held by the city of Atlanta ; and as I and my part ner, Messrs. E. Waitzfelder & Co., of New York, purchased over $50,000 worth of tlie property at the sale, after the compromise had been made, and paid that amount in cash ; and as we are now constructing a building on a portion of it, at a cost of about S27,000, I feel that ray interest is such as to justify me in taking some notice of any thing that relates to the title of the property. " I was applied to, while practicing law with Judge Pope, prior to the time when I went upon the Supreme Bench, to bring suit in behalf of the heirs of MitcheU for the recovery, not only of the park property, lying between the passenger shed and Decatur street, but also of the property lying between the passenger shed and Alabama street, on the other side, running from Lloyd street up to WhitehaU. " Of this prpperty, the square of five acres, bounded by Alabama, Decatur, Lloyd and Pryor streets, was originaUy conveyed by Samuel MitcheU to the State of Georgia, 'for placing thereon the necessary buildings which may hereafter be required for public pur poses at the terminus of the State Road.' In the same deed Mitchell conveyed, for the use and purposes of said road, a space in breadth wide enough to answer for a right of way for the road, to be designated by the engineer for said purpose, through his lot, with the privilege of taking and using timber, stone and gravel, being on said space, necessary for the construction of said road. In other words, he conveyed to the State a right of way through his lot, upon which to locate the Western and Atlantic Railroad, with five acres at its terminus, for a location of the buildings required for public pur poses at its terrainus, Sorae tirae thereafter Mitchell also conveyed to the Macon and Western Railroad the land bounded as it now is, by Alabama, WhitehaU and Pryor streets on three sides, and the Western and Atlantic Railroad, or its right of way, on the fourth, (except the corner that had been sold off, and which is now occupied as .Tames' bank building and contiguous buildings,) wliich he conveyed to said road for rail road purposes exclusively. The state located, iu connection with the railroad companies, GOVERNOR brown's LETTER TO THE PUBLIC. 48? the general passenger shed, upon the portion of the land granted to her, and also located the road upon the right of wiiy through Mitchell's lot to said car shed, and also located such buildings as were, at the time, thought necessary upon other portions of the five acres. " Subsequently it was ascertained that the location where the park now is, was not well suited for purposes of the road, and that it had no special use for the portion of ground lying between the car shed and Alabaraa street, and a contract was made between the State, represented by the proper officer of the Western and Atlantic Railroad, aud the Macon aud Western Railroad, by which the State swapped to the Macon and Western R. R, the portion of land conveyed to her by Mitchell, lying south of the car shed down to Alabama street, for a piece of land belonging to the Macon and Western Railroad, where the present freight depot, platforms, etc, of the Western and Atlantic Railroad now stand. And the Western and Atlantic Railroad has located upon the piece of ground which it received frora the Macon and Western Railroad in exchange for the portion of land conveyed by Mitchell to the State, its depot, platforms, etc., so that the State got for the portion of land conveyed by Mitchell the land upon >vhich her depot, platforms, etc., now stand. She also got a location for a passenger shed, and for aU' tracks necessary for the working of the road. "After the swap between the Macon and Western Railroad and the Western and Atlantic Railroad, by which the Western aud Atlantic Railroad got the land she needed for her depot, the Macon and Western Railroad located its depot upon the land which it received from the State in exchange, and upon the land conveyed to it by Mitchell. " In 1859, the State having no further use for the Park property for any railroad pur pose, au act was passed by the Geueral Assembly, authorizing the city of Atlanta to enclose and beautify it as a park. Thus the raatter stood at the close of the war, when it was found that the freight depot, tracks, and probably turn-table of the Macon and Western Railroad, located on the Mitchell property, near the car-shed, obstructed Pryor street, and was a great nuisance to the city, if rebuilt, and kept up there ; and it was agreed between the City and the Macon aud Western Railroad that they would exchange lands, and in carrying out that agreeraent the Macon and Western Railroad conveyed, by ijuit claim (for she would not give a warranty), the portion of the land of the Mitchell property, which the State had swapped to her for the lands where the Western and Atlantic Railroad Depot now stands ; and the portion of land conveyed to her by the MitcheU heirs, embracing the vacant space south of the Railroad, between Decatur and Lloyd streets. The Macon and Western Railroad then moved her depot out to its present location, and thus the matter stood when the MitcheU heirs applied to me and my partner to bring suit for the property. The State had received all the benefit which she desired or could need for railroad purposes under Mitchell's grant. She had her tracks located upon the right-of-way, and she had her passenger shed upon the property, and she had her freight depot upon the land which she had received in exchange for a portion of the property ; and she surely could have no further claim to the property which she had exchanged for other lands upon which to locate her depot. But she had no use whatever for the Park property, for the purpose for which it was originaUy conveyed to her, nor had she pretended to use it for any such purpose for some eight or ten years previous to the complaint raade by the heirs. " I refused to bring the action until I had carefully exarained the authorities, which I took tirae to do, and satisfied my own mind very clearly, that if the law were admin istered, there could be no doubt of the right of the heirs to recover back not ouly the 488 GOVERNOR brown's letter to the public. property conveyed to the State, for railroad purposes, and abandoned by her for that use, but the property conveyed to tlie Macon and Western railroad for railroad pur poses exclusively, and also abandoned by her for railroad purposes when she exchanged it to the city. "After a careful examination of the authorities, I advised the heirs that in my opinion, they had a right to recover, and the firm of Brown & Pope was eraployed to bring the action, with the understanding that we associate Judge Pittman, and Col, Bleckley, Mr, Dougherty or Mr, Hill with us. We did afterwards associate Judge Pittman aud Col, Bleckley, and the action was commenced. " I predicated my opinion as to the rights of the heirs, upon the fact that the property had been conveyed by their father for a specific and particular use, and for no other use, and when the State and the Macon and Western Railroad Corapany found that they no longer needed the property for that use, and abandoned it, that it reverted to the .donor ; upon the principle that if I convey land to a religious congregation for the pur pose of erecting a church upon it, and for no other purpose, and the congregation should abandon it for that purpose, and sell it to A. B. who locates a doggery upon it, ¦ this would be iu violation of the contract under which the congregation held the prop erty, aud it would revert to rae as the donor. Or, take the very case itself, suppose after Mitchell had made the conveyance to the State of Georgia, giving the right of way through his lot, and five acres at the end of it for a location for the necessary buildings, &c., the engineer of the road had changed its location entirely and had run it to another terminus, not touching Mitchell's lot, and had never used it for railroad purposes. Would it be contended that the State would have a good title to the property f Surely not. Then suppose after its location upon Mitchell's laud, it had been kept there for flve years. and for srfme good reason the Road's location had been changed and thrown entirely off the lot, why would it not, in la^w, equity aud justice have reverted to Mitchell, on the ground of its entire abandonraent for the purposes of the grant ¦? If so, and the State used all she needed of it for railroad purposes and swapped a portion that she did not need for the proper location of her necessary buildings elsewhere, and abandoned another portion that she did not need for the purpose of the grant and turned it over to the city for a park, why, upon the sarae principle would it not revert to the donor or his heirs 1 I might give very numerous cases from the books sustaining this doctrine which is founded not only in sound law, but in the broad principle of natural equity ; but I will not enlarge upon this point. " Thus the raatter stood, pending the litigation, when I went upon the Supreme Bench, and I turned over the case, and subsequently the obligation for the fees, so far as I was concerned, to Judge Lochrane, who was then practiciug law, and under it, he represented rae. And while I was upon the Bench, the heirs of Mitchell becoming im patient with the delay of a long, tedious litigation, and being broken up by the war, and as I am informed, very poor, after having conferred together, concluded to apply to the Leg islature to order the re-conveyance of the Park property, the portion which the State did not need for railroad purposes, to them, as au act of justice ; and a memorial was brought before the General Assembly asking a re-conveyance. This was raet by the determined opposition of Gov, Bullock and Col. Hulbert, the then superintendent of the road, who went so far as to break the park fence and run a short track out into the park and locate a few cars to stand there to re-po'ssess the property for railroad purposes, though all conld see at once, th.it this was sim]ily intended to make the appearance of railroad use, when it was not iu fact needed for iiny such purpose. The case was brought before GOVEENOE brown's LETTER TO THE PUBLIC. 489 the General Assembly and referred to a special committee of five from the Senate and nine from the House, coraposed of a majority of Democrats from each house, with a Democratic Chairman from each. " The superintendent of the road, who actively opposed the re-conveyance to the heirs, appeared before the committee as the Journals show, and submitted evidence against the proposed re-conveyance. Having considered the question, the coraraittee, through their Democratic Chairman in each House, subraitted a unaniraous report in the foUowing language : "'The committee to whom was recommitted the claim, of the heirs of Samuel MitcheU, after having had the same under consideration, with the facts for and against the claim, unanimously recommended the passage of the biU now before the Senate, reconveying the property claimed.' The bUl came up ou its passage in the Senate and, was defeated hy two majority. Next morning a motion was made to reconsider it and lost by oue majority. Ou the final vote it stood for and against the heirs, as foUows : Democrats, for, 10; Republicans, for, 8; Democrats, against, 7 ; Republicans, against, 12. So that a committee composed of a majority of Democrats, with a Democrat as Chairman from each House, unanimously recomraended the reconveyance of the park property to the MitcheU heirs without a dollar of corapensation, and they were sustained in the Senate by a majority of Democrats voting for it, while the majority of Republi cans voted aeainst it. " After this action, the heirs of Mitchell through their counsel, proposed a compro mise to the City Council for the portion of land held and claimed by thera under the conveyance from the Macon and Western railroad, for which suit had been brought. The matter was very thoroughly canvassed, and the coraproraise was finally agreed upon, by which the heirs conveyed to the city the portion of land lying between Pryor street aud Whitehall, which was included in the grant frora Mitchell to the Macon and Western road, and one hundred feet along the side of Pryor street, fronting on Ala bama street, of the property originaUy conveyed by MitcheU to the State, and by the State conveyed to the Macon and Western road, and by that road to the city. And the city agreed to convey to the MitcheU heirs the balance of the property which had been originally conveyed to the State, and by her conveyed as aforesaid, from the line of said one hundred feet down to Lloyd street, being the property between the present passen ger shed and Alabaraa street, extending to Lloyd street. " In the meantime, prior to the coraproraise between the heirs and the city, the Superintendent of the Western and Atlantic railroad, with the assent of the Governor and the other railroad corapanies interested, had located the new passenger shed, and had gone forward with the construction of it until there had been probably more than SlOO.OOO expended. This new passenger shed was not placed upon the original location of the shed which existed prior to the war, but for the convenience of the roads, in running the tracks into it, it was so located that about one-fourth of it was upon the land originally conveyed by Mitchell to the State, and afterwards conveyed hythe State to the Macon and Western road, and subsequently conveyed by the Macon and Western road to the city, and which the city had agreed to convey to the Mitchell heirs, but to which she did not make a deed until after the compromise with the State, though a contract of coraproraise had been agreed on between the heirs and the city. "Pending these transactions the counsel for the Mitchell heirs raentioned to rae that they had determined to propose a compromise to the State in reference to the park property. I inquired into the then status of that matter, and was informed that some- 490 GOVERNOR brown's letter to the public. time in the previous spring Mr. Kimball had concluded to purchase all the conflicting titles to the property, and had made a contract with the heirs to purchase their right, and had taken a deed from them and paid them some money ; intending also to pur chase the State's right, whatever it might be, aud the part to which counsel raight be entitled under their contract with the MitcheU heirs. But finding difficulties in extin guishing all the outstanding titles, he soon after re-cohveyed it to the heirs and subse quently, by a contract between hira and them, became their agent to take charge of the matter, and effect, if possible, a compromise with the State, which he was then attempt ing to accoraplish. And he desired the aid of their counsel in its consummation. I asked what it was proposed the heirs should pay the State for her claim to the land, and was informed that they proposed to pay the Western and Atlantic railroad $35,000 toward the construction? of the new depot. My opinion was, at the time, that this was more than the heirs ought to pay. I regarded their's as the better title, and said if it were my case I would never consent to pay $35,000 for a compromise with the State. But it was insisted that the heirs were anxious to realize as much as possible, and that they did not wish to wait for an almost interminable litigation, and that they preferred that course. I made no further objection and the matter was brought before the Leg islature, I think, by a memorial prepared by their counsel; but Mr. Kimball, who was their agent uuder the contract with them, had the active management of the raatter. After the case was submitted, I felt an interest in their success, because I believed their claim a just one, and while I took no very active part in the matter, when approached on the subject, I always said I believed their proposition was a liberal one, and that the State ought not to hesitate to accept it. " I felt fully justified in saying this much, for the reason that I was the original counsel consulted in the case, and they, seeraed to have relied rauch upon my judgment, and though I was upon the bench, under the laws of the State, I could in no event pre side in the case, and therefore felt at perfect liberty, so far as the case was concerned, to confer with the heirs or their counsel in reference to their case, and to give them any advice which, in my judgment, would promote their interest. But I know of no unfair or illegal raeans used by any one to carry the bill through the Legislature. " A proposition was submitted by Gen, Austell and others to give $100,000 for a quit claim title to the property. It was my opinion at the time, and the opinion of counsel for the Mitchells, that this proposition was not intended in good faith, but it was only thrown in to embarrass the settlement between the heirs and the State — as Austell owned property fronting the park and wished it kept open. It was submitted'in such a shape that I was satisfied the parties could not be compelled to carry it out if the com promise had failed between the State and the heirs. " But I was equally well satisfied, if it was made in good faith, that, in a pecuniary point of view, it was the interest of the State to accept the proposition of the heirs and reject that of Austell and his associates, for the following reasons : First, there could be no question about it that the land upon which one-fourth of the passenger shed, a very extensive structure, as already stated, wliich cost about $150,000 at the time of its completion, stood upon the land which the State had conveyed away to the Macon and Western railroad, and which, iu the compromise between the city aud heirs, was then controUed by the heirs, and if the coraproraise had not been raade with the State there could have been no question as to that part of it, that the State could have been ejected from it, as she had previously sold it for other laud for the location of her depot — which GOVERNOR brown's LETTER TO THE PUBLIC. 491 would have compelled the removal of the entire car shed. This would have been at a very heavy loss and expense to the State. " In addition to this, I think there is no room for doubt, even if I am wrong as to the right of the Mitchell heirs to recover back the park property frora the State, on account of her having abandoned it for railroad purposes, that they did have the right, holding that provision of the deed to be a covenant aud not a condition, to restrain the State or her vendee by an action of covenant, or other proper proceeding, from using it for any other purpose than for the original purposes of the grant, to-wit : railroad purposes. And if the State could, iu no case, use it for any other purpose, Austell and his com panions, as grantees of the State, standing in her shoes, would be bound by the like covenant, and they too could he restrained from making any other use of it. The decision of the Suprerae Court of the State of ¦ Georgia, in the case of Thorn ton vs. Trararaell, 39 Ga., 202, where a question arose upon a grant raade to the Western and Atlantic railroad, in the city of Dalton, for the location of a depot — though the language of the deed was different frora that raade by Mitchell — held, that it did not contain a condition, and that the grantor could not recover it back ; but the Supreme Court, Warner, J. delivering the opinion, recognizes fully the right of the grantor to enforce the covenant contained in the deed. Nuraerous authorities raight be quoted to sustain this doctrine, that where a conveyance is made for a specific purpose, and the language of the deed is not such as to make a condition subsequent, the party convey ing may, by action of covenant, restrain the grantee from violating the contract and appropriating it to other uses. " What then would have been the result if the proposition of AusteU & Company had heen accepted ? Suppose we admit for the argument that the heirs had no right to recover the property back. It was very clear that they had the right to restrain the use of it for any other purpose than railroad purposes; and it was so situated, that it could not be of any use for railroad purposes. The result must therefore have been that the property would have reraained unimproved, and the State, the County, and the city must have lost the taxes which they will perpetually receive from it when it is built up. As the result of the compromise, already, the city has sold off a small portion of the property conveyed to her by the heirs, to John H, James, who has expended in the purchase and the erection of a building upon it, about $75,000. And upon the park property there has been expended, in buildings, largely over a hundred thousand -doUars, There are, therefore, over $200,000 of iraproveraents already placed upon the property, as the result of the compromise, upon which the taxes are annuaUy paid to the city, county and State ; and when all the balance of the property is built up, including the portion to which the city's title was quieted, and the portion to which the title of the heirs is quieted, there will probably be a miUion of dollars' worth of im provements to be taxed annually. In a few years this will pay the difference between the $35,000 proposed by the heirs, and the $100,000 proposed by Austell & Co, And after the difference is made up, the property will reraain perpetuaUy subject to taxation, and wiU iu the end pay to the State many tiraes the difference. Therefore, in a pecuniary point of view alone, the proposition raade by the heirs of MitcheU was much the better one for the State, and was so regarded by intelligent members of the General Asserably. " But in addition to this, the heirs agreed to convey to the State all the portion of the property necessary for a passenger shed, including the part forraerly sold by the State to the Macon and Western Railroad, and to which she had not a shadow of title, 4:92 GOVERNOR brown's letter TO THE PUBLIC. thereby quieting the title to the depot or passenger shed, including the part of it to which no one can contend she had a right prior to the compromise. She has, therefore, in addition to her large income from increased taxes, saved the expense of a lawsuit and the necessity of removing the depot off the land owned by the heirs, or of delivering it up to them ; and the whole matter is amicably adjusted, " But suppose the quieting of the title to the depot building, and the taxes on the improvements made and to be made upon the property had not even equaled the $65,000 difference between the two propositions, should not an enlightened and liberal Legislature have justly concluded, as the Deraocrats did at the former session of the same Legislature, that, as the father of these heirs has given the State all she needed for railroad purposes, including the right of way through his laud, and the location for a passenger shed, and the property which she had swapped for the present site of her freight buildings, aud the State had no sort of use for the balance of it for the purpose intended by the donor, and his heirs were left poor, that it was magnanimous and proper to return the balance, not needed, to them, as an act of justice and propriety, without regard to the pecuniary bid that venal speculators might have thought proper to interpose in the way of such an act of justice and magnanimity. This was the view, as already stated, which the majority of the Democrats had taken at the previous ses sion. And if they then thought it just to return it without corapensation, surely it is no evidence of bad faith in thera and their associates, at a subsequent session, to agree to re-convey it for the sura of $35,000. They miglit well have raade that discrimination in favor of the heirs of hira who had donated to the State property that is now worth a very large sum, and which is in daily use by the Western and Atlantic Railroad, when all must admit the portion returned had been abandoned, so far as the purposes of the grant are concerned, by the donee. " The above statement gives the substantial facts, so far as they interest the public, in the case of the coraproraise between the State and the Mitchell heirs, and will, I trust, satisfy all unprejudiced rainds, that, so far as I or the other counsel are concerned, we have done them no injustice, but have conferred upon them a substantial and valua ble benefit. So far as the State is concerned, she has received, as a donation from Mitchell, all the land she needed for the original purposes of the grant, and, in addition to that, has received the further donation of $35,000, in cash, towards the construction of the passenger depot, while she has surrendered only the portion»of the property for which she had no earthly nse, for the purposes contemplated, either by her or Mitchell, at the time of the conveyance. It is clear, therefore, that the injustice and wrong which have been charged in this transaction, exist ouly in the disea.sed imagination of persons controlled by passion, prejudice and vindictiveness towards the parties at interest, " JOSEPH E, BROWN." • It is not inappropriate to say, that in nothing has there been a more striking change in popular sentiment tlian in the general condemnation of dueling that now prevails. There has grown up steadily a strong public opinion against this practice, and a man of character and family can refuse to accept the arbitrament of the Code without loss of stand ing, as was the case years ago. Many changes took place in the State government. Col. H. P. Far row resigned as Attorney General. Col. N. J. Hammond, Supreme ',. rxy^'f?- f-fZ yrf^- 7"-/ ?_ <^ - AN INTERESTING WAR INCIDENT OF CAI'T. HENRY JACKSON. 493 Court reporter, was appointed Attorney General. Captain Henry Jackson resigned frora the Legislature and became Reporter of the Supreme Court, a position which he continues to fill with raarked in dustry and ability. Both Gen. Hood, in his " Advance and Retreat," and Jefferson Davis on page 340 of vol. 2, of his " Rise and Fall of the Confederacy," relate a unique incident of Henry Jackson at the battle of Sharpsburg, not giving his narae, which we supply. Gen. Lawton was commanding Ewell's Division, September 17, 1862, and had relieved Hood's Division in Stonewall Jackson's line. The Federals raade a desperate endeavor to break through; corps after corps were hurled against the heroic division. Gen. Lawton sent his only remaining staff ofiicer. Lieutenant Henry Jackson, then a youth of seventeen, to Gen. Hood for assistance. It was a curious and typical deraonstration of the polite chivalry of our Southern boys, that in this grim strife Lt. Jack son dashed up to Gen. Hood, saying, " Gen Lawton sends his compli ments with the request that you come at once to his support." Lt. Jackson conducted Hood's division to its place. Gen. Lawton and his horse were shot down, and the gallant and cereraonious aid had his General borne from the field, though several raen were struck in so do ing. Chief Justice Lochrane resigned from the Suprerae Bench, and Gov. Smith appointed Associate Justice Hiram Warner as Chief Justice, January 19, 1872, and filled the vacancy made by the proraotion of Judge Warner, by the appointraent of Judge W. W. Montgomery, February 8, 1872. Gov. Smith appointed Professor J. G. Orr, State School Commissioner. This was a raost adrairable selection. A gentle raan of erudition, energy, sleepless zeal, crystal purity and integrity and fine organizing capacity, Mr. Orr has in the nine years of his continuing incurabency seen the Public School system flourish and grow under his able direction, until its former unpopularity has been wholly changed and its sterling benefits are everywhere adraitted. Gov. Smith offered the place of Attorney General to Col. P. W. Alexander, but that gentleman declined it, and became, as a Secretary of the Executive Department, Chief of his civil staff, a place he filled with tact and abUity. Gov. Smith selected as the additional Secretary of the Executive Department, Major Jaraes W. Warren, who was also continued in the same responsible position by Gov. Colquitt, and has served continuously for ten years. Major Warren was editor of the Colurabus Tim,es. One of the raost vigorous and polished writers in the State, industrious, accurate, reliable, possessing a charming genial ity of nature, and a quiet rich humor. Major Warren has discharged the delicate and responsible duties of his position with grace and ability. 494 THE BOND INVESTIGATION. The legislature elected Hon. Thomas M. Norwood, United States Senator. Mr. Norwood presented his credentials to the Senate on the 4th day of December, 1871, and on the 19th day of December he was admitted to his seat, and the final blow given to the Senatorial hopes of Foster Blodgett. The legislature had raany vital questions before it, but the most important was the bond raatter. Senator Thomas J. Simmons and Representative John I. HaU, both introduced bond bills, and finally a measure was passed that required the registration of all bonds. to sift out the bad frora the good, under a temporary suspension of interest. A bond committee was appointed, consisting of Thomas J. Simmons, John I. Hall and Gamett McMillan, to conduct this bond investigation. The coraraittee gave public notice, Deceraber 12, 1871, and began its sit tings in Atlanta, March 1, 1872, holding session untU May 1, 1872. The coraraittee visited New York and held an extended session there. Voluminous depositions were taken in Europe. An attempt was made to get Gov. BuUock before the coraraittee. The papers contained a paragraph narrating an alleged joke of his, that he had received two invi tations to raeet the Bond Coraraittee and Col. Curaraing with his requisi tion, that he could not visit both, and rather than offend either by accept ing the other's invitation, he would do the kind thing and see neither. Col. C. C. Kibbee gave valuable assistance in the investigations of our bond troubles. A gentleman of public spirit, a lawyer of ability and discrimination, and a legislator of uncomraon qualifications, careful,' searching and devoted to the public interest. Col. Kibbee raade an envi able reputation in the General Asserably. Col. Thomas L. Snead was of great aid to our bond committees, and opened up a vein of informa tion that would have probably been inaccessible but for him. Every obstacle was thrown in the way of the committee in New York. It was afterwards discovered that they were tracked day and night by skilled detectives employed by the bond-holders to watch and trap thera. At tempts were made to drive thera into complaisance. And it was a right creditable fact that this body of gentlemen, unaccustomed to the seduc tions and tricks of the metropolis, should have carried through their difii- cult raission so successfully and in such skillful avoidance of the perils set for thera. The committee investigated fully and made an unusually able report. The following table covers their statement of the bonded liabUity of Georgia, showing the increase under the Bullock rule to have been over Twelve Millions of dollars. HON. THOMAS M.NOHWOOD, SEBOYT 0.R T^P.OM GE OB-GIA THE BOND committee's REPORT. 495 Consolidated Statement of the Public Debt of Georgia, {including endorsed bonds of this State,) on the first day of November, 1871, showing date of issue and maturity of bonds. When Issued. When Due. Amount. 1841 and 1866 1871 1872 1873 1874 1878 1879 1880 1881 1886 1887 « I RSft 1890 and 1894 '. '. '. $ 154,500730,000137,000 251 500 1842 and 1852 ... 1842 and 1843 1844 and 1848 " 1858 . . 100,000 200,000200,000 1 00 000 1859 1860 1861 • 1866 3,764,000 IA'S 000 1867 1868 268,000 6,380,000 1870 Grand Total of State Bonds . . SI 2,450 000 :e JITLY, 1868. INDORSED BONDS, INDOKSED SIN $3,300,000 600,000600,000 300,000 275,000464,000 194,000 To Macon and Brunswick Railroad To Cartersville & Van Wert Railroad . To South Georgia & Florida Railroad . To Alahama & Chattanooga Railroad . Grand Total Indorsed Bonds . . . 85,733,000 12,450,000 Bond.s $18,183,000 The committee reported in favor of declining to recognize the illegal bonds. The report elicited a full and able discussion. The truth is,' that the Georgia bond issue became a national question. The holders of the illegal bonds made every effort to stem and prevent the con demnation of their securities. The Northern press teemed with articles. The incorrect brand of " repudiation " was applied to the proposed action and the State threatened with utter destruction of her credit. The distinction between the " repudiation " of an honest debt and the refusal to recognize an illegal claira, was purposely confused. Perhaps the strongest speech raade in favor of throwing over the fraudulent securities was by the Hon. A. O. Bacon. His portrayal of the Bullock Legislature was a very graphic picture, and his arguraent' against the bad bonds was raasterly and conclusive. The Legislature declared the following bonds to be void: Gold Bonds in Clews' hands, . . ' $102,000 Gold Bonds, second issue to B. & A. R. R 1,880,000 Currency Bonds, 1,500,000 496 THE LEGISLATURE OF 1873. Endorsement B. & A. R. R $3,300,000 Endorsement Bainbridge C, & C, B, R,, 600,000 Endorsement Cartersville & Van Wert R. R., 275,000 Endorsement Cherokee Ii. R., • . 300,000 $7,957,000 The bond question was still agitated. The new Legislature of 1873 tackled the subject again. Of this body Hon L. N. Trammell was elected President of the Senate, and Hon. A. O. Bacon Speaker of the House. Among the new Senators were Joseph A. Blance, John W. Wofford, W. H. Payne, J. G. Cain, J. M. Arnow, W. A. Harris, S. J. Winn and H. W. Mattox. Ir» the House were J. J. TurnbuU, C. A. Nutting, J. H. Hunter, J; B. Jones, G. A. Mercer, Henry H. Carlton, W. D. Anderson, E. F. Hoge, Clark Howell, '^. F. Calhoun, George F. Pierce, Patrick Walsh, J. C. DeU, AUen Fort, F. M. Longley, J. C. Clements, H. D. McDaniel, C. S. Du Bose. Mr. Nutting was the author of the bill for the issue of the twelve hundred thousand of eight per cent, bonds. Mr. G. A. Mercer was an able young lawyer of Savannah, and ayoung man of an unusually clear mind and smooth elocution. Dr. Henry H. Carlton was the author of the bill establishing the Geological Bureau, one of the most valuable measures of the century. He was a strikingly handsome gentleman, and a forcible and ornate speaker. Hon. Patrick Walsh was, and still is, the editor and proprietor of the Augusta Chronicle and Sentinel, now the Chronicle and Constitutionalist. This was the first appearance in public life of Mr. Walsh, who will be a very large figure in Georgia politics, and to whom further reference will be made hereafter. Allen Fort took immediate stand as a young man of mark. F. M. Longley has been judge of the Superior Court, and is a solid young lawyer. J. C. ¦ Clement becarae Senator, and is now a raeraber of Congress, with as much promise of usefulness as any young man in the State. H. D. McDaniel has been repeatedly sent to the Senate since, and has meritedly earned a reputation for substantial judgment and integrity. Col. Thos. L. Snead of New York came before this General Assembly with the following Bond compromise : " The proposition which I have submitted to the Governor, on the part of certain holders of Georgia bonds, is simply this : If the State will agree to pay to the holders of the State bonds which have heen declared null and void, the sums wliich these holders have, actually, and in perfect good faith advanced upon or paid for these bonds (that is to say, about $1,500,000 and interest), these parties will guarantee that such action of the State will completely re-establish snead's bond ccmpromise. 497 the credit of Georgia, and enable it to borrow, at sev.en per cent, per year, all the money which it may need. They also desire that the Legislature shall declare the readiness of the State to carry out its promises as to the indorsement of the first mortgage bonds of the Brunswick and Albany Railroad Company and tlie Cherokee Valley Railroad Company, so far, and only so far, as the State is now constitutionally and lawfully bound by such promises; when these companies shall have complied with all of the requirements of the Constitu ion and laws of Georgia, and shall have also completed their respective roads. If the State accepts tliis proposition, it will have to issue about $1,600,000 seven per cent., currency bonds to the holders of the outstanding gold aud currency bonds, who undertake to thereupon return to the Treasurer for cancellation — $1,880,000 gold bonds and interest, equivalent to $2,450,000 Currency bonds 1,500,000 Guaranteed bonds of the Bainbridge, Cuthbert and Columbus Railroad . . 600,000 Guaranteed bonds ot the Cherokee Valley Railroad 300,000 Guaranteed bonds of the Cartersville and Van Wert Railroad 275,000 Guaranteed bonds of the Brunswick and Albany Railroad 3,300,000 $8,425,000 Which includes every bond that has been declared null and void. This proposition is made on the part of banks and capitalists, who own more of the valid bonds of Georgia than of its discredited — ^oneof them alone (Mr. RusseU Sage) hold ing over $1,000,000 of good and acknowledged bonds, while he owns only $50,000 of those which have been declared null and void. In this matter I represent the foreign as well as the American bond-holders, and am authorized to express the acquiescence of the holders of any one of the discredited bonds in the proposed settlement. THOMAS L. SNEAD, Agent of the Bond-holders. Atlanta, February 12, 1873." This proposition was fully agitated and discussed. It created a deep intei-est and was presented to the public sense in every possible aspect. The editors of the Atlanta Constitution, E. Y. Clarke and I. W. Avery, addressed a circular letter to the leading men of the State asking their views on this matter. The responses made an interesting and vivid series of letters, presenting the iraportant subject frora every possible point of view. Ex-Gov. J. E. Brown, Major Campbell Wallace, Col. James Gardner, Col. John Screven, T. P. Branch, Col. George Hazle- hurst. Senator T. M. Norwood, Judge David Irwin and Hon. John E. Ward advocated compromise in sorae shape. Gen. H. L. Benning, Gen. R. Toombs, John H. Jaraes, Wra. H. Hull, Ben H. HUl, Col. Wra. M. Wadley, and Herbert Fielder opposed any compromise. Politicians, lawyers, bankers, railroaders and business raen were thus consulted and gave a reraarkable variety of opinion. Lawyers Brown, Norwood, Irwin and Ward were in confiict with lawyers Toombs, Benning, Hil' 32 498 LEADING OPINION ON THE" BOND COMPROMISE. and Fielder. Railroaders Wallace, Screven and Hazlehurst differed with railroader Wadley. Banker Branch opposed Banker James. Mr. Hill took the novel and daring position that none of the Bullock bonds were valid because the Bullock government was the creature of Federal authority and had no right to bind the State; and the United States governraent should pay these Bullock clairas. If, however, the BuUock rule was recognized as vaiid, then the claims of innocent holders of these bonds should be recognized. The State ought to have referred the holders of the Bullock securities to the Federal govern raent, and helped them push tJie claim. Mr. W. H. Hull thought the void bonds should not be paid. He had tried to buy new State sevens in New York, and could not get them for less than ninety cents. The bonds were null, and the State's credit was not affected. Col. Wadley endorsed Mr. Hull's views. Maj. C. Wallace urged the compromise. The bond trouble was affecting the State's credit and all private enterprises. Gov. Brown's letter was an exhaustive review of the whole subject, covering its legal and business features. His idea was that the equities of these bonds should be recognized. Some of thera were good, and where the State had received the benefit of the raoney invested in them, the right thing was to assume the obligation. And he urged that the courts should be opened to test the matter. Gen. Benning declared the only question to be whether the State's credit was affected injuriously. Our credit was not hurt. As for borrowing money he did not wish the State to do it. Col. Gardner had first opposed the bond compromise, but upon investigation changed his raind. Bullock was de facto Governor, and the State's agent. THe State raust stand up to the acts of its agent so far as the innocent bond holders had an equitable consideration. The State had enjoyed increase of property through these enterprises, and should pay for it. Gen. Toorabs contended that all of these bonds lacked the vitality of popular consent, and were not in conformity with law or constitution. The public credit was undoubtedly injured some. The bonds would be a constant source of lobby agitation. His idea was to stand by the law, and make a new constitution killing the bonds and stopping lobbying for them. .lohn H. James declared it untrue that the State's credit was hurt. Georgia bonds were selling well. He had tried to buy sorae at 87 1-2 cents and could not. There was no use for the State to give away this money and add to the taxation. Senator T. M. Norwood thought that all money actually loaned the THE BOND COMPROMISE REJECTED. 490 State should be refunded. He did not think the State's credit injured, though the bond-holders were trying to hurt it to force a compromise. He advised delaying action. Herbert Fielder thought if the innocent holders of Confederate war bonds could stand it to lose, the holders of the BuUock fraudulent bonds deserved no more consideration. Tho bonds were clearly illegal and should not be paid. We had to bear the consequences of a bad government. T. P. Branch thought that every practical enterprise was injured by this bond coraplication. He favored making the compromise and paying it by taxation. Judge David Irwin's letter attracted rauch attention. He urged that the matter should not be closed without an investigation, and the void bonds should be rejected, but all just equities should be recognized ac cording to the facts. Hon. John E. Ward said there were two difficul ties. The State should not act under any menace to her credit, and a general compromise like the one offered recognized the bad as well as the good claims. The just course was for the State to give parties a chance to show just what their equities are. The press of the State were equally divided with perhaps a small ma jority against the compromise. The writer took the position that while the bond committee had investigated the legality of the bonds, it had not examined into the equities, and they should not be condemned with out an investigation. There were Brunswick and Albany Railroad bonds that had been signed by Treasurer Angier, who opposed Gov. Bullock's irregularities, and these bonds had been sent to Europe and negotiated in Germany at a good value. There seemed to be a valid equity in such bonds as these. The legislature would do nothing with this coraproraise. In 1877 the constitutional convention carried out Gen. Toorabs' idea, and incorporated in the constitution a prohibition against the fraudulent bonds and a clause against lobbying. Judge O. A. Lochrane, in 1872, was the attorney for some two mU lions of the rejected bonds, and made a strong effort to get them paid. He is still hammering away upon it, and the last move is said to be an amendment to the Federal Constitution, to allow States to be sued for such obligations. The State has never suffered by her bond action, and her securities stand the peers of any in the civilized world. This General Assembly re-districted the State under the new appor tionment of representation in the Congress of the United States result ing from the census of 1870. Georgia gained one Representative in the Federal Congress, and the State, which had been divided into eight, was cut up into nine districts. An interesting incident occurred in con- 500 HON. A. H. STEVENS AND THE EIGHTH DISTRICT. nection with the new apportionment which is a very valuable piece of underlying history, and not only demonstrates how grave public matters often have a curious personal inspiration, but also the strong esteem in which one of our raost remarkable public men is held. Major E. D. Graham was chairraan of the coraraittee on apportionraent. He says that Hon. Alex. H. Stephens called upon him, and in his peculiarly shrill voice requested that Taliaferro county in which he resided raight be placed in the Eighth District, that he did not desire to direct the dispo sition of any other county, but that he wished his own county to re raain in the Eighth. The concession was cheerfully granted, though it disordered the regularity of nuraber, and brought the three northern dis tricts in the sequence of 7 — 9 — 8. But for this, the district in which Mr. Stephens lives would have been nurabered " 9 " in its order. It was presumed that the distinguished Comraoner, Mr. Stephens, was prompted by a natural desire to preserve the numerical designation of the district which he had- made so faraous. He was not then in Con gress, but was elected in 1873 to fill the vacancy occasioned by the death of Ranse Wright. Taliaferro county, in 1843, was in the Seventh District, though there were then eight districts. In 1851—2 the eight districts were reorganized and Taliaferro county was placed in the Eighth District, and until the retireraent of Mr. Stephens, just before the war, that district was represented by hira. It was natural that he should wish to retain the farailiar and honored number that he had so briUiantly illustrated. And it was a graceful compliment to his services and fame that his desire should have been respected. CHAPTER XLIV. THE ADMINISTRATION OF GOV. JAMES M. SMITH. The Republican Revolt in 1872. — Horace Greeley.— Alexander Stephens and the Con stitution, — Delegates to Baltimore, — The Greeley Electoral Ticket, — Stephens' Straight Fight. — The Land Scrip Fund, — The Georgia Memorial Association. — The State Geologist, — Department of Agriculture, — Judge J. T. Henderson. — Great Western Canal, — John B. Gordon elected United States Senator. — A Lively Battle of the Ballots, — A. H. Stephens for Congress. — The Great Seal aud ex-Gov. C, J. Jenkins, — A Beautiful Incident. — Gov. Smith's Administration, — His Misunder standings, — Jack Jones and his Painful Episode, — The Double Bond Payment, — John W, Renfroe. — His Fine Administration, — A Controversy, — Dr, W. H, White. — New Congressmen.— Hon, B, H, Hill, — Dr. Felton and hia Independent Fight in the Seventh District, — Emory Speer. During the year 1872 there was a Uvely tirae in Georgia over national politics. The Liberal Republicans revolted frora the Radical party and nominated Horace Greeley for President. The Northern Democracy determined to support Greeley instead of running a Democratic candi date. This policy evoked a fierce controversy in the Democratic ranks. North and South, but especially South. The Stephens brothers and Gen. Toombs opposed it bitterly. Alexander H. Stephens was editing the Atlanta Sun, and wrote daily against it. Linton Stephens and Gen. Toombs made strong speeches against it. Mr. Stephens declared he would not support Greeley. A stiff discussion ensued between Mr. Stephens in the Sun and the Atlanta Constitution, under the writer, * which continued for raonths. The Constitution urged support of the National Deraocracy. A convention was called June 26th, 1872, at Atlanta, and there were 424 delegates present frora 135 counties. Albert R. Laraar was made President. Among the delegates were Gen. Toombs, B. H. HiU, A. H. Colquitt, f Thoraas Hardeman, Warren Akin, J. Hartridge, Linton Stephens, H. L. ¦ Benning, A. R. Wright and others. It was one of the strongest con ventions ever held in Georgia. The resolutions sent delegates to the Baltimore Convention untrarameled to do the best for the party. This was a clear defeat of the Stephens policy. The delegation consisted of H. L. Benning, Julian Hartridge, A. R. Wright, T. Hardeman, C. T. ; Goode, A. H. Colquitt, J. B. Gordon and I. W. Avery from the State | 502 THE STATE ELECTIONS IN 1872. at large. As the names were read out Gen. Toombs was heard to exclaim audibly — " Packed — By God." At Baltimore Greeley was nominated, and the Cincinnati platform adopted, the Georgia delegation voting against the platforra. On tho 24th of July, 1872, another State Democratic Convention was held. Thoraas Plardeman was made President. The convention was an im mense body, having 024 delegates from 13G counties, and including all of our public leaders, nearly. The resolutions endorsed the Baltimore Convention, recognizing the exigency of the times, which required the nomination cf Greeley and Brown and pledging their support. The Liberal Republicans asked that Col. T. P. Saffold be put on the Elec toral ticket, but this was not done. The Electoral ticket nominated consisted of Wm. T. Wofford, H. L. Benning, Washington Poe, Julian Hartridge, H. G. Turner, R. N. Ely, W. J. Hudson, J. M. Pace, H. R, Casey, J. N. Dorsey, E. D. Graham. Gov. Smith was re-nominated for Governor. Judge Linton Stephens had died, and the Convention paid a noble tribute to this illustrious Georgian. The brief eulogy upon him by Geo, F. Pierce, Jr., was an exquisite bit of eloquence and taste. Mr. Stephens fought Greeley's nomination sturdily. The clash between him and the Constitution, under the writer, continued to the close. He supported the Straight movement with Charles O'Conor as the Presidential candidate. A Straight Convention was called and had 57 delegates from 23 counties, which put out an O'Connor electoral ticket. The Republicans held a convention of 272 delegates from 77 counties, with John S. Bigby as chairman, which nominated Dawson A. Walker for Governor, and put out a Grant electoral ticket, composed of A. T. Aker man, B. Conley, A. W. Stone, .L .lohnson, W. B. Jones, W. W, .Merrell, .L R. Griffin, J. F. Shine, C. D. Forsyth, G. S. Fisher and C. A. EUiugton. The election resulted as foUows: Greeley 75,896; Grant 62,485; O'Connor, 3,999; total vote, 142,370. Greeley's raajority over Grant, 13,411; over O'Conor, 71,895. Gov. Smith was re-elected the Execu tive over Walker by 58,441 majority. Gov. Brown supported Gov. Smith and voted for Greeley. The foUowing Congressmen were elected: Morgan Rawls, R. H. Whitely,. Phil. Cook, H. R. Plarris, .1. C. Free man, James H. Blount, P. M. B. Young, Ambrose R. Wright and H. P. Bell. Greeley was defeated for President, though he carried Georgia. He died before the day for casting the vote. There was much speculation as to how the Georgia Electoral coUege vvould vote. The electors curiously enougli split up as follows: THE LAND SCRIP FUND. 503 Gen. Benning, Washington Poe and Col. Hudson voted for Greeley for President. Gen. Wofford, Col. Hartridge, Mr. Ely, Col. Pace, Col. Dorsey and Major Graham voted for B. Gratz Brown for President. Col. Turner and Dr. Casey voted for ex-Gov. C. J. Jenkins for President. Gen. Benning, Mr. Poe, Col. Pludson, Dr. Casey and Col. Turner voted for Gratz Brown for Vice-President. Col. Hartridge, Col. Pace, Col. Dorsey, Mr. Ely and Major Grahara voted for Gen. Colquitt for Vice-President. Gen. Wofford voted for Gen. N. P. Banks, of Massachusetts, for Vice- President. The new Deraocratic Executive Committee, appointed by Col. Harde man, was John L. Harris, Warren Akin, Nelson Tift, J. H, Christie, J. C. NichoUs, J. H. Hunter, H. Fielder, T. M. Furlow, E.- H. Worrell, J. C. Wooten, J. S. Boynton, T. G. Lawson, Augustus Reese, J. B. Jones, T. S. Morris, J. B. Estes, I. W. Avery and L. N. Trammell. Col. Hardeman was elected Chairman, and I. W. Avery, Secretary. Among matters of general interest was the Land scrip fund. By act of 1862, Congress gave each State 30,000 acres of land for every Sen ator and Representative. Georgia's part was 270,000 acres. The fund was to be used in endowing an agricultural college in five years. By act of 1872 further tirae was given. The Legislature of Georgia, in 1866, accepted the donation, and authorized the Governor to apply for, receive, and sell these lands. Gov. Conley, in his terra, obtained and sold them for ninety cents per acre to Gleason F. Lewis, of the West, for $50,000 cash, and the balance in eighteen months, making $243,000 realized. Some of the States realized four and five dollars an acre. Gov. Smith had to organize the college by the 2d of Julv, 1872, or the land scrip would have been forfeited. Many of the cities applied for the fund. He finally gave it to the State University at Athens, insti tuting " The Georgia State College of Agriculture and Mechanic Arts." The interest alone can be used. The principal was invested in Georgia State bonds. The first 850,000 Gov. Smith used in buying Georgia bonds at ninety cents, thus adding $5,000 to the fund. The Georgia Memorial Association, under charge of Mrs. Mary A. Williaras and Miss Mary ,1. Green, had most faithfully used the $4,0C0 given to remove the Confederate dead. A cemetery was established at Marietta, and 2,393 bodies removed, principally frora the battlC' 504 THE GEOLOGICAL AND AGRICULTURAL DEPARTMENTS. grounds of Chickamauga and New Hope Church. There are also local Confederate Cemeteries at Resaca, Atlanta and Griffin. During Gov. Smith's administration two departraents of incalculable State benefit were established. The office of State Geologist was created by Act approved February 27, 1874, and Gov. Sraith appointed Dr. George Littie to the place August 10, 1874. The Department of Agriculture was created by Act approved February 20, 1874, the act passing the House by the vote of Speaker Bacon, and on the 26th of August, 1874, Gov. Smith appointed Dr. Thomas P. Janes State Com missioner of Agriculture. The State Geologist held office until re moved by the Governor or the office was abolished, received $2,000 salary, and was allowed two assistants at $1,200 each. The sum of $10,000 yearly was appropriated, for five years. The Commissioner of Agriculture held office for four years, received $2,000 salary and was allowed a clerk at $1,200. The sum of 110,000 was appropriated for the annual expenses of the Department. Dr. Little was an accomplished Geologist, and his work of survey proceeded vigorously. He raade a large collection of minerals and woods. He had up to 1879, when the appropriation ceased, completed a survey and maps of nearly half of the State. He had developed the mineral resources of the State, inducing the investment of hundreds of thousands of dollars of foreign capital. The legislature of 1879 failed to make a further appropriation. The office was not abolished. Dr. Little is still State Geologist, but there being no money appropriated the geological survey has ceased.. The wagons and surveying tools have been sold, and the magnificent collection of geological speciraens is in charge of the Coraraissioner of Agriculture^ The Departraent of Agriculture was successfully established by Dr. Janes. It proved to be a great practical benefit. Its distribution of seeds, its introduction of new ideas, its valuable reports and publica tions, and its inspection of fertilizers preserving farmers from frauds in commercial manures, have been of large utility to the farraing vocation, the basis of all of our prosperity. Dr. .lanes was a zealous worker, and he accomplished much good. In 1878 he was re-appointed by Gov. Colquitt. He resigned his place in September, 1879, and on the 24th day of Septeraber, 1879, Hon. John T. Henderson was appointed by Gov. Colquitt as the Commissioner. Mr. Henderson's administration of the office has been most brilliant. Taking the position when there was for some reason a good deal of pub lic opposition to the Department, he has popularized it in the general HON. JOHN T. HENDERSON, COMMISSIONER OF AGRICULTURE. 505 esteem. He has exhibited nerve, tact, discrimination and capacity. He had a battle with the fertilizer manufacturers that tested his pluck and decision conclusively. He fought their analyses, and under acri monious demonstration from them, persisted in his reforms until he had revolutionized and graded up the standard of artificial manures. He was instrumental in getting up a National Convention on this subject. His enterprise has been sleepless, and his labors judicious and admi rably directed. The Department is on a solid basis, and its usefulness yearly increasing. The receipts from the inspection of fertilizers last year, were $76,232.03, and the expenses of the departraent $12,171,81, leaving a handsorae balance of $64,060.23 that went into the State Trea sury. One of the new projects of Coraraissioner Henderson is the establishraent of an e.xperimental farm. It will be a progressive raove ment that would benefit the State. And under the present able com missioner it would be a success. Gov. Smith was instrumental in May, 1873, in calling a convention of Governors and delegates in the interest of the Georgia and Great West ern Canal. Three hundred members were present, including Gov. John C. Brown of Tennessee, President of the Convention, Gov. SUas Woodson of Missouri, and Gov. T. A. Hendricks of Indiana, from the Eighth District. Two notable events in the year 1873 were the election of Gen. John [ B, Gordon United States Senator from Georgia by the General Assem- ( bly, and the election of Hon. Alexander H. Stephens as the Representa- ' tive in Congress from the Eighth District. Gordon's victory was a signally striking one. He had for competitors, / Hon. A. H. Stephens, Hon. B. H. PliU, Eton. Herbert Fielder and Hon. A. T. Akerraan. The friends of these gentlemen threw themselves ' vigorously into the canvass. Gen. Gordon and Mr. Hill both raade speeches. Mr. Stephens w.as in Atlanta, and his quiet, effective infiu- , ence was seen in the ardent rallying of his admirers in his favor. The triumph of Gen. Gordon was one of which any man could be proud. He had an unparalleled array of competitors, the most popular, gifted and veteran public leaders in Georgia — men around whom clusr tered peculiar considerations of public support. Mr. Stephens in par- j ticular had been a public idol, maintaining in a long career an unbroken ' series of political victories. He had been elected Senator after the war ¦ and was not adraitted. It seemed a proper thing to return hira again. He was handicapped, however, by his decided disagreement in the presidential campaign with the bulk of the party. On the first joint ballot Gordon received 84 votes, Stephens 71, Hill 506 JOHN B. GORDON'S EXCITING ELECTION AS U. S. SENATOR. 35, Akerman 14, Fielder 8. Mr. Stephens' vote was remarkable in view of his contest with his party, and could have been evoked by no other man under the same circumstances. He grew in strength in succeed- ino- ballots. For a time it was thought he would be elected. Upon the disintegration of HUl's and Fielder's votes Gordon swept to victory. On the fourth baUot Gordon had ninety-five and Stephens seventy-five, necessary to elect one hundred and seven. On the fifth ballot Gordon ran to. one hundred and one, and Stephens seventy-six, when men began to change, amid as wild an excitement as ever existed in a deliberative body. Three of Gordon's raen broke to Stephens, Mattox, Brantley and Scott. Nine of HiU's raen foUowed to Stephens. Two of Akerman's raen added themselves to this growing tide. Two of Stephens' men, Peabody and McClellan, rushed to Gordon to give variety to the battle. Nine of HiU's men foUowed suit. Three of Akerman's joined this cur rent. Baker of Bartow, with commendable impartiality, changed from Stephens to Gordon, and then back to Stephens. Watt did the sarae. Dorsey, not to be outdone, plumped frora Hill to Stephens and then from Stephens to Gordon. Lee of Appling shifted from Gordon to Stephens, and then back to Gordon. The confusion and excitement were simply indescribable. Everybody was at fever heat. The -gal leries were packed with spectators, with a large sprinkling of ladies. At one time it was said by some investigating arithmetician who traced out the changing phases of the ballot, that Mr. Stephens was elected by one raajority. The transfer of ballots was so swift and raixed that men were in perplexity, but amid the torrent of confusing changes Gordon went up steadily until the ballot was announced, Gordon one hundred and twelve, and Stephens eighty-six, and in a hurricane of shouts, the atmosphere variegated with the tossing hats, Gordon was declared elected. It was a large clutch of honor for the young Gordon to have won this high trust, and the whole State was pleased. He had in the war carved his way to fame with the sword, rising to continental reputa tion. He was a fine representative -of the chivalry and patriotism of the South. Endowed with a clear mind, a strong honor, and a pulsing public spirit, backed by a rare physical vigor. Senator Gordon became a marked figure in the national councils, and gave an administration of his exalted trust, both useful and brilliant. : The next day after the election the Atlanta Constitution raised Mr. Stepliens' name for Congress. Gen. Toombs announced that Mr. Stephens would "stand" for Congress in the Eighth District, and the GEN. JOHN B. GORDON, Ex-U. S. Senator. SUPERH TEIBUTE TO CHARLES J. JENKI.V.S. 507 numerous aspirants dropped out and down, and the " Commoner," as he was felicitously called, was returned to Congress, where he still continues to give the country his services. Forty years ago he had been elected to Congress. For si.xteen consecutive years he had served, his stout heart and large brain, in a weak frame, battling manfully for the rights and interest of the whole country. Retiring voluntarily frora public life, he emerged from his privacy to becorae the second officer of the Confederate government. After thirteen years absence he returned to the seat in Congress he had vacated, the representative of the princi ples, thoughts and poUoies of the best sohool of American statesman ship. The event was a notable one, and created national comment and congratulation. This Legislature elected as State House officers. Col. N. C. Barnett Secretary of State, Col. .lohn .lones Treasurer, and W. L. Goldsmith as Comptroller General. Col. Barnett and Col. Jones had both been reraoved frora office by Gen. Meade, and their election was the sponta neous tribute of the representatives of the people to these officers for their fidelity to the State's interest. A very interesting incident of Gov. Smith's administration was Con nected with ex-Gov. Charles J. Jenkins. Hon. J. B. Cumming intro duced a resolution, which passed and was approved August 22, 1872, authorizing the Governor to have made and present to Mr. Jenkins a fac-siraile of the great seal of State that he had taken with him when removed frora office, with this additional inscription: " Presented to Charles J. Jenkins by the State of Georgia," and this legend, " In Arduis Fidelis." Gov. Sraith had the gold copy raade, and in July, 1873, he transmitted it to e.x-Gov, Jenkins through the hands of Mr. Cumming, the author of the resolution, in a suitable letter. The formal presentation of this testimonial of a republic's gratitude, this State recognition of fidelity to her honor and prosperity, was certainly an event of beautiful signifi cance. The letter of ex-Gov. Jenkins, in reply, was like everything else eraanating frora his brain, a docuraent of grace and power. The exquisite elegance of diction, the rare propriety of sentiment, and the strong tenor of vigorous thought that mark this letter, make it a paper to be read with admiration and treasured in remerabrance. This senti raent deserves preservation: " My position is that there is now no cause for despondency ; that the wrongs aud oppressions we have endured resulted from administrative abuses, not from structural thanges in the government. This distinction should be kept constantly iu view. In a 508 ' GOV. smith's CONTROVERSIES. complex government like our own, the political powers divided between the general and State governnients, let it never be conceded that a power once usurped is thenceforth a power transferred ; nor tliat a right once suppressed is for that cause u right extinguished ; nor that a Constitution a thousand times violated becomes a Constitution abolished; nor finally that a government prostituted by two or three consecutive administrations to purposes of tyranny and corruption must thereafter be regarded as a government rei^olutionized." Brave, noble words these were, that rang over the length and breadth of the State, giving truth and inspiration to every wearied champion of constitutional government. Gov. Smith's administration was firm and able and made hira very popular. He concluded his fragraent of Bullock's time, and entered upon his regular term of four years amid the general and earnest favor of the people. His whole administration, nearly as an entirety, was a beneficial and capable one. There were, however, two matters that occurred that marred the harmony of his regime. There was an aggres sive quality in his temper that developed itself, and that was productive of many personal misunderstandings, and created an unnecessary oppo sition. Pie was unfortunate enough to get up some very grave conflicts of statement with several distinguished gentlemen in the State upon the delicate subject of their appointment to office. Whatever may have been the merits of these controversies, they made hostility to Gov. Smith. Ex-Gov. H. V. Johnson was the most prominent of the persons with whom Gov. Smith had these by no raeans beneficial differences. Gov. Johnson considered that Gov. Sraith had proraised to put him on the supreme bench, and Gov. Smith denied it, and the issue drifted into quite an unpleasant correspondence. Such incidents made an opposi tion disproportioned to what might be supposed their legitimate effect. At the expiration of Dr. Angier's term as Treasurer in 1872, as has been stated. Col. John Jones, Treasurer under Gov. Jenkins and who had been removed by Gen. Meade, was elected to this office. The election was unfortunate for himself and for Gov. Smith. He had earned an unusual reputation, and was endeared to the people by his striking experiences. " Honest Jack Jones " was his enviable designation. It was a cruel thing that such a character, so uncommon and priceless, should have been sacri ficed, with every undeniable purpose to merit its continuance, and with the fact of integrity untouched. Charges of loose management became general, and the alleged payraent of duplicate securities was formulated upon the public thought. The Legislature of 1875 put a committee at work to investigating the Treasurer's office. This committee reported a bad state of things existing in that office, and resolutions were passed censuring the Treasurer, instructing suit against that officer and his THE STATE TREASURY. 509 sureties for money iUegally paid by hira, and authorizing the Governor to appoint a competent person to aid the Treasurer in doing all things necessary for the State's interest. Dr. James F. Bozeraan was selected as the official to do this iraportant duty. The choice was adrairable. Dr. Bozeraan proved himself a careful, capable, patient, honest financier, tracing out the difficult problem of our confused State finances to an unerring conclusion. The whole episode was a painful one. It involved a Democratic official who had peculiarly strong claims upon the party. Yet the inves tigation was made with a resolute thoroughness that marked the differ ence between a Democratic and the Reconstruction adrainistrations. A Democratic rule probed and punished its own derelictions. The Repub lican regirae had shielded its offenders. Gov. Sraith decided upon examination that the Treasurer's bond was insufficient, and on the 15th day of Noveraber, 1875, he issued an Executive order requiring a new bond. This the Treasurer failed to give, and on the 26th of Noveraber, the Governor declared the office vacant by operation of law. Frora the 25th of November until the 4th of December, the Comptroller acted as Treasurer under the Executive appointraent. On the 4th of Deceraber, 1875, Gov. Sraith appointed and comraissioned as State Treasurer, Hon. John W. Renfroe, who served the balance of Col. Jones' terra, and in 1877 was elected and served for the full terra of four years to 1881. The adrainistration of Col. Renfroe through its entirety was a signally able one. He had been for years the tax coUector of the large county of Washington, and had raade a raarked reputation for efficiency, skill and proraptness. His coUections were thorough and his returns a raodel of book-keeping. He tcok the treasury chaotic, disordered and unsys tematized. He made it methodical, clear and smoothly running. He had something more than good steady business ways. He possessed genuine and original financial ability, blending, in a singular degree, nerve, judgment and fertility of resource. He held the many reins of State money interest with a firm hand and an inteUigence equal to any emergency. He was economical and raanaging, saving the State in every possible raanner. It was a most fortunate selection. The State's credit steadily went up under his financial direction. He negotiated large amounts of bonds at less cost than any other Treasurer. And with all his strict discharge of his duties he was uniformly polite and accommodating, and won a universal regard by his courtesy and spirit to convenience people. 510 THE DOUBLE PAV.MENT OF BOXD.S. The irregularities in the Treasurer's office and the changes of adniiii' istration startled and shocked the public mind. There has never been such a demonstration of popular sympathy as followed Col. Jones in this unfortunate calamity. The proof of an inefficient management was irrefutable. But the public clung to the idea of his integrity, with a touching tenacity. Great losses to the State were proven, but the gen eral thought maintained the good intentions of old " Jack Jones." Stunned, dazed, fluttering in his helplessness, and in dreamy doubt of a disaster that he scarcely comprehended, and which he fought with all the gallant consciousness of honesty, the old man reeled under the terrific loss of his cherished repute, and finally as the evidence accurau- lated overwhelraingly to show an incompetent and careless management, he bowed his head in mute anguish. The iron ordeal of an un.pitying inquiry went on. Civil suits were instituted. Months were spent by an auditor. Col. .lohn M. Pace taking evidence. The trial ran far into Gov. Colquitt's adrainistration, and finally, on the 23rd day of May, 1879, a judgment was obtained against Col. Jones and his sureties, John T. Grant and C. A. Nutting, for $96,000. The counsel for the State were the Attorney General, Col. N. J. Hammond, and the following lawyers eraployed by Gov. Smith, Gen. Toombs, McCay & Trippe, WUlis A. Hawkins and Wra. T. Newraan. Col. Jones had for his leading counsel, Hon. B. H. Hill. Mr. John T. Grant offered $35,000 cash in settleraent of his lia bility which was accepted by Gov. Colquitt upon the advice of the State's entire counsel. This raost unpleasant affair was an injury to Gov. Sraith's adrainis tration. Henry Clews & Co. had paid, during the adrainistration of Gov. Bullock, the entire bonds falling due in 1870 and 1871. These bonds were reported paid by the bond coraraittee in 1871, as also by Gov. Conley in his raessage, and in his first message to the legislature as Governor in July, 1872, Gov. Smith had raentioned the bonds due in 1872 as the first bonds needing attention. Of the redeeraed bonds of 1870 and 1871 Col. Jones had paid a second tirae, $149,250 with $24,- 782.15 of interest. These bonds had never been canceled by Henry Clews, but were sold at public auction in New York on one day's notice, for $18,625 to J. D. Hayes, the Misses Clews and Chittenden and Hub bard. Somebody presented them at the State Treasury and Col. Jones paid them. He had no clue to the person who got the money. After that payment Gov. Smith passed his warrant to Col. .Tones for these bonds. And whether rightly or wrongfully the public held it a matter CONGRESSIONAL CONTESTS. 511 for censure in the otherwise exceUent financial administration of Gov. Smith. Gov. Smith had pressed a controversy upon the writer in connection with the authorship of a newspaper letter, attacking hira savagely, written by a Mr. Cowart. And in this controversy the writer entered fully into this double bond payraent, and charged upon Gov. Sraith a grave neglect of duty. The controversy which brought to Ught raore clearly the facts of this bond mistake, deraonstrated the tendency heretofore alluded to in Gov. Smith to provoke unnecessary Antagonisms. It is due to Gov. Smith to say that the full extent of conderanation to which he should justly be subjected is siraply such oversight of the fact of payment as would have prevented his signing a warrant for these bonds. The bonds had been paid. The money could not have been recalled. No human suspicion could attach any blarae to Gov. Sraith for the double payraent. These are railder views of Gov. Smith's share of blame than the writer entertained at the time of the very tart corre spondence in 1876, and are given in justice to both parties. In, 1876 an event occurred that attracted very rauch attention. Dr. W. H. White, who has since died, a gentleraan frora Iowa settling in Atlanta, was the successful originator and instrument of a large excur sion of western citizens to the South, that went a • great way to break down the ignorant bitterness existing between the sections, and which has proved so great a barrier to national reconciliation. Dr. White was a public-spirited citizen of energy and enterprise, who deserved the esteem he held araong our people. The death of Gen. Ambrose R. Wright and .Thoraas J. Speer, mem bers of Congress, was followed by the election of Hon. A. H. Stephens and Col. Erasmus W. Beck to fill the vacancies. In November, 1874, the following gentlemen were elected to Congress, viz. Julian Hartridge, Wm. E. Smith, PhUip Cook, H. R. Harris, Milton A. Candler, James H. Blount, Wm. -H. Felton, Alex. H. Stephens and Garnett McMUlan. In the nominations of Col. Candler and Col. McMillan there had been prolonged, exciting and stubborn contests. McMillan beat Hon. B. H. Hill in the convention in a conflict that excited State interest. Col. McMiUan soon died, and Mr. HiU was nominated and elected May 5, 1875, to fill the vacancy, and frora that time has been in Congress. The most remarkable, and in some respects romantic, congressional contest, was the one in the 7th District, which resulted in the election of Dr. Williara H. Felton as the Representative, which revolutionized the pol itics of that District, which introduced a new and powerful factor in 512 PARSON FELTON. the public raatters of the state, and rnade the quiet old Seventh Dis trict the scene of political strife so turbid and active as to focalize the gaze and the speculation of the whole people. Some several weeks before the Democrats held their nominating con vention. Dr. Felton had taken the field as an Independent Deraocratic candidate, on the general ground of the trickery of the convention system, which, he argued, disappointed instead of enforcing the popu lar will. He was a tall, slender, gray-haired Methodist preacher, with a singularly effective eloquence and a very subtle power in reaching and controlling his hearers. The people of raountain sections seera to have a natural proclivity to that loose wearing of political trararaels that makes party independentism easy. It is a curious geographical fact that, in the 7th and 9th Congressional Districts, both raountain coun tries, the Independents have been most active and successful. Dr. Felton raade a steady headway. His wife, a very coraely lady, fearless, positive, managing, a born politician, a vigorous writer, and a tireless worker gave him a wonderful co-operation. Together they inaugurated a revolution that swept the District, made it the focal bat tle-field of the State, and planted independentism in State politics for years to come. The placid parson becarae the central figure of public raatters. The convention nominated Hon. L. N. Trammell as the Deraocratic candidate for Congress. Dr. Felton attacked the fairness of his nomi nation and his political record. Trammell met him squarely, hararaer- iiig down his assaults. They raet in debate several times, and Dr. Felton declined to discuss with him longer. The disaffection in the Deraocracy of the seventh so perceptible gave serious trouble to the party all over the State. There were elements of discord at work that seemed uncontroUable. With a deft tact and consumraate ability the clever parson used the chance. It was iraraaterial who was the norainee, the opposition to norainations existed. Whether Dabney, Lester or Trararaell, it was the same breeding repulsion to convention work. Trammell was an unexampled raanager, full of resources, and a watch ful, masterly, political leader. Col. Trararaell wrote to the Executive Committee putting himself in their hands for the party good. It was a generous abnegation. The coraraittee proposed to Dr. Felton that both retire and let the party settle the contest in some way. Dr. Felton declined. The coramittee decided that Col. Trammell must continue the fight. There was then every chance for the nominee. Trararaell could have made the victory. DR. PELTON DEFEATED AT LAST. 513 But there was treachery in our own ranks. Realizing it, Col. Trararaell determined that it should not be ascribed to him that the party was divided, and peremptorily withdrew. Col. Wm. H. Dabney was nomi nated. The battle became hotter still. The schism grew, the rancor intensified, the struggle deepened in bitterness. Outsiders who were invited to corae in and take a hand were warned off. The District seethed like the witches' cauldron in Macbeth. It was a red-hot tirae, full of accelerating fury. Col. Dabney was an irreproachable gentleraan and a fine lawyer, able and earnest. But Dr. Felton went for hira. Dabney lacked personal raagnetisra and political strategy, and was not a raatch for Felton. We have never had a man in Georgia politics that has been so dangerous an assailer of personal records as this plausible preacher. He struck deadly blows. He held religious service on Sunday, and spoke politics on week days, and played perilous work generaUy with personal ante cedents. His hold on the people was something marvelous, and could not be shaken. He inspired a tenacity of attachment in his followers, amounting to fanaticism. He defeated Col. Dabney by over 200 majority. He ran again in 1875, and Col. Dabney was pitted against hira, and he got an increased raajority running to 2,463. The Republican vote went solid for him. In 1878 George N. Lester was nominated, and made a lightning race, full of fire. But Felton carae in again with a raajority of 1,350. It looked Uke the parson was invincible, and Independentism supreme. The contagion had spread. In the 9th, in 1878, a handsorae, glittering, young raan, showy, eloquent, arabitious, Eraory Speer, who in 187*6 had been defeated, slipped in over Col. J. A. Billups, the noiriinee, by a sraall raajority, which in 1880 he swelled to over 4,000 in a tug with H. P. Bell. But Dr. Felton's victory over Col. Lester closed his extraordinary .series of successes, and in 1880 a sturdy, clear-headed, even-terapered young raan, who had been first in the House of Representatives and then in the Senate frora Walker county, entered the race and left the gallant parson behind. This sensible individual, Judson C. Cleraent, took a new tack. He would have no stock in a personal contest. He made a quiet elevated canvass, dignified, devoid of personality, soothing the asperities of an angry division, and treating Dr. Felton and his follow ers with a uniform personal courtesy, and when the vote was counted, to the surprise of the State, and with somewhat of a shock to the par son, Clement was declared elected. 33 514 EMORY SPEER, The defeat of Parson Felton has left his youthful and briUiant young colleague, Emory Speer, the leader of the Independents — a critical and perilous pre-eminence. He has shown, like the Parson, an able brain and a steady head, a thorough self-reliance and a shrewd raastery of the masses. It cannot be seen that Dr. Felton made any blunder to evoke defeat, but fell through in the reaction from a species of revolution and under the natural subsidence of men into- customary and famUiar polit ical grooves. It reraains to be tested whether the gifted young Speer can avoid the fate of his wise old colleague, and raaintain outside of party lines that personal supreraacy, which, while it utilized Deraocratic disaffection and a handy Republican balance of power, yet demonstrated an undeniable genius for leadership. SUPREME COURT OP GEORGIA. CHAPTER XLV. GOVERNOR ALFRED H. COLQUITT, AND HIS MAGNIFICENT MAJORITY. The Popular Thought Points to Alfred H. Colquitt for Governor. — His Long Declen sion. — Gen. L. J. Gartrell. — H. V. Johnson, — John H, James, — Thomas Hardeman Retires. — Gen. Colquitt's Character. — The State Democratic Convention. — The Col quitt Caucus.— Weil aud Wright. — An Amusing Episode. — Colquitt's Nomination and the Enthusiasm. — The Republicans put up Jonathan Norcross.-=-Colquitt's Easy Election and Vast Majority. — Tilden and Hendricks. — The Texas Banner Won. — The Congressional Delegation Re-elected Entire. — Ex-Gov. Josepli E. Brown. — Gregg, Wright's Witty Article on Brown. — Gov. Brown's Service in Florida. — Changes on the Supreme Bench. — James Jackson and Logan E. Bleckley. — Martin J. Crawford. — Alex, M, Spear.— The Legislature of 1877. — A, O, Bacon, Speaker. — R, ,E. LBSter, — E. P. Howell. — Patrick Walsh. — Gov. Colquitt's Splen.did Financial Message. — His Practical Economy. — Tha. Bankrupt Railroads. — Gov. Colquitt's Able Dis position of Them. — B. H. Hill Elected United States Senator. — State House Officers. During the years 1875 and 1876, the question of Gov. Smith's suc cessor in the Executive office was actively agitated. Gov. Sraith finaUy declined to be a candidate, and turned his aspirations to the United States Senate. The prorainent name in the public raind was Alfred H. Colquitt. As early as 1857 the popular thought had pointed to him for Governor. After the war he had steadily declined political pre ferment, and constantly grew in public favor. Coming from a blood renowned in Georgia annals; the son of a father, the most versatile and brilliant public raan the State has ever known, Walter T. Colquitt; the inheritor of eloquence and ability for the adrainistration of public affairs; a gentleraan of rare Christian character and life, adding the grace of a deep piety to the attractions of a very liandsonie face and person, and with manners singularly simple and hearty, and reflecting a teraper uniformly genial. Gen. Colquitt enjoyed an exceptional popu larity, and had such a hold upon the respect and affection of the masses as few men have ever enjoyed. He refused repeated solicitations to allow his name used for Congress, as well as for Governor and the United States Senate. He was con stantly chosen as elector and delegate to National Conventions. He had, in 1872, been elected on the sarae day President of the State Dem- 516 THE CANDIDATES FOR GOVERNOR IN 1876. ocratic Convention and President of the State Agricultural Society. He had been unaniraously re-elected, year by year. President of the State Agricultural Society. Under this focal enjoyraent of public regard he was at length squarely entered into the lists for the gubernatorial suc cession. Gen. Lucius J. Gartrell was mentioned and pressed by his friends for Governor, but when ex-Gov. H. V. Johnson's narae was presented, he withdrew. Gov. Johnson was sprung as a gubernatorial candidate by Mr. Willinghara of the Press, and warmly urged by Mr. Gregg Wright of the Augusta Chronicle and Sentinel. The late introduction of Gov. Johnson into the canvass was an injustice to that distinguished and popular statesman. His support was no criterion of the strength he had with the people. He neither endorsed nor declined the use of his name, but still left it before the public. The writer, a warm friend and admirer of Gov. Johnson, wrote him a letter, urging that so many of his friends were friends of Gen. Colquitt and had comraitted themselves to the latter, that he owed it to hiraself not to run. Mr. John H. James, Banker of Atlanta, a gentleraan of great native shrewdness and large means, accumulated by an uncoramon financial sagacity and energy, had resolved, if possible, to cap his business suc cess with the honorable distinction of Executive responsibility. Against Gov. Sraith in 1872, he had made something of a comraenceraent of his attempt at the Executive chair. He regularly entered the race against Gen. Colquitt, and devoted himself to the carapaign with that cool, sys tematic energy and calculation that raarked the man. Deficient in education, he yet had a large fund of good sense, good teraper, and real practical capacity. He pursued his canvass astutely. The strongest corapetitor that Gen. Colquitt had, however, was Hon. Thomas Hardeman, Jr. This gentleraan was very popular. As Legis lator, Congressman, Speaker of the House, Confederate officer, he had shown himself capable, eloquent, honorable, patriotic and public spirited. He had convictions and the courage to defend thera. He was and is a fluent and attractive speaker. He was true in his friendships, and direct and candid in his politics. Possessing a genial nature, he in- .spired a general regard. Col. Hardeman has been one of the sincerest men in our public matters, meriting his repeated trusts, discharging his duties efficiently always, and enjoying public respect and reo-ard. Walter T. Colquitt, the father of Alfred H. Colquitt, was a raost con summate raaster of politics, and he transraitted to his son a full share of this power. The writer does not think that in the State there has ever ALFRED H. COLQUITT. 517 been a wiser manager of a political campaign than Gen. Colquitt. Un der his pleasant, unpretentious, genial exterior, he carries a keen judg ment of raen, an accurate perception of chances, a broad range of resources in raanageraent, a power of severe practicality, a thorough grasp of detail, and an unwavering decisiveness upon a deliberately selected line of policy. There were sorae other qualities in Gen. Col quitt that gave hira strength. No man was ever more crystally truth ful and direct, no raan was ever truer to friendship, and no raan was ever raore strongly governed by duty and conscience. There have been raany raisconceptions of Gen. Colquitt's qualities, — inconsistent with his striking political successes. No raistake as to his character has been more widely at fault than the idea that his enemies have used against him, that he possessed a pliant and yielding character. This has grown from that perennial sweetness of temper and genial courtesy of raanner that belong to the man. In truth he is as positive and unwavering a public man as we have ever had in Georgia. Not an aggressive person and not given to seeking combat, but a raost un changeable and patient raan upon a line of policy he has shown hiraself to be. Every political campaign he has been engaged in has demon strated fixedness, persistence and resolution of an unusual quality. Perhaps the strongest trait of Gen. Colquitt's nature is his contempt for affectation or pretense. With a hearty scorn for shams, caring nothing for show, yet with a genuine pride of principle and gentility, he has kept his poise, preserved his common sense, and maintained the solid purity of his character and intelligence in a manner that testifies conclusively to his native worth. No public man has ever been more untouched by the glitter of official distinction, or has borne high prefer raent with more modesty. This simple wearing of ennobling trust has been accorapanied by a strong practicality that he shows in all raatters, and which is the essential basis of a very strong personality with an unliraited reserve power in it. The qualities of this distinguished Georgian will be further discussed. He was destined for unprecedented triumph and a reraarkable experience. The norainating convention was held on the second day of August, 1876, in Atlanta. The selection of county delegates to the body demonstrated the overwhelming drift for Colquitt. When enough counties had acted to show the popular preference, Col. Harderaan, with that patriotic sensibility that has always signalized his public course, withdrew his name in a raost graceful letter, yielding a prompt acqui escence in the public will. At the Kimball House, the head-quarters of 518 GOVERNOR Colquitt's nomination. the Colquitt, Johnson and James delegates were established. A caucus of Colquitt's friends was held in the large ball-room of the Kiraball House. The Johnson men met in the breakfast-room, and Major J. B. Cumming stated that he had in his possession a letter from Gov. Johnson declining to have his name jDresented to the convention. The caucus resolved to support Colquitt. In the Colquitt caucus tho enthusiasra was overwhelraing. The large roora was packed. The proposal of three cheers for Colquitt ijrought out a ringing response which echoed througliout the immense buildhig in thunderous notes. Mr. H. D.D. Twiggs announced the withdrawal of Gov. Johnson's name and that Johnson's friends would support Colquitt. The excitement that followed this announcement went to fever heat. Cheers were given for Gov. Johnson and his friends. Hon. Josiah Warren of Savannah Was called, and made an electrical Uttle talk. Among other things he used these notable words: . " As an original Hardeman man, and one wlio believes he is one of the purest and noblest sons of Georgia— and who withdrew in favor of one who is his peer in every res)iect [clieers] — Gen Colquitt — [cheers], and as a friend of Gen. Colquitt, and as one who is in favor of the harmony of the party, I congratulate you and the whole people u])on the evid_ence here to-night of the' future harmony and unison of the Democratic jiarty of the State of Georgia" [cheers]. Col. Hardeman made such a speech as he always raakes, fitting and eloquent. The convention consisted of 550 delegates frora 135 counties. Hon. Geo. F. Pierce, Jr., was raade teraporary Chairraan, and Hon. Clifford Anderson permanent President of the body. Col. S. Weil of Fulton county withdrew the name of Mr. James, and moved the nomi nation of Gen. Colquitt. Mr. PI. Gregg Wright of the Richmond dele gation had been empowered to announce the withdrawal of Gov. Johnson and put in nomination Gen. Colquitt. It is a part of the under-current \of the history of this convention that the movement of Mr. Weil in his German idiom was a surprise, and unexpectedly interrupted the pro- ' gramme of tlio Richmond delegation. It created a sort of ripple of amusement, but the ready and quick-witted Wright met the sudden emergency cleverly, and put in his raost felicitous speech with a .spirit that brought the house down, stating that Johnson's narae would not be presented, and urging Gen. Colquitt's nomination by acclamation. The nomination went through with a rush, and Gen Colquitt was brought in, and made a stirring speech. Electors were chosen on the Tilden and Plendricks ticket. They were A. R. Lawton and J. W. Wofford from the State at large; and district electors, A. M. Rodgers, GOVERNOR Colquitt's superb majority. 519 R. E. Kennon, J. M. Dupree, W. O. Tuggle, F. D, Disrauke, F. Chara bers, L. N. Trararaell, D. M. Du Bose and J. N. Dorsey. The Republicans in convention at Macon, Aug. 16, 1876, nominated Jonathan Norcross for Governor, and for electors, D. A. Walker, E. C. Wade, J. T. Collins, C. W. Arnold, B. F. Bell, R. D. Locke, J. A. Holtzclaw, Jeff. Long, Z. B. Hargrove, V. M. Barnes and M. R. Archer. The whole Democratic ticket for State officers, electors and congress men was easily elected. Mr. Norcross was an odd, grizzly person, an intense, double-dyed Republican, unskilled in party management, regarded as possessing very cranky political theories, and an impracti cable public man, but personaUy honest, a successful business man, one of the earliest settlers of Atlanta, though of northern birth, and enjoy ing the respect of all who knew his undoubted personal worth. He was the last man in the State to lead the party. Some idea of his party management may be gleaned from a maneuver of his in the last cam paign, when with nine-tenths of his party organization colored, he deliberately inaugurated the policy of establishing a white man's Republican concern, and ignoring the colored brethren. This would have been simply to have wiped out at one stroke the Republican party in Georgia. The Georgia elections of 1876 resulted in easy and overwhelming Democratic victories. The State election took place in October. Gov. Colquitt's majority over Mr. Norcross was unprecedented, running to 77,854, and the largest ever given in the State. The whole vote was 144,839, of which Gov. Colquitt received 111,297, Norcross 33,443, scattering 99. The popular Colquitt swept in to the Executive office on a flood tide of public favor. Amid universal acclaira and a flatter ing expectancy he took his seat. The Republican party was crushed as by the hand of a giant. Swollen to invincible proportions, the Deraocracy had no opposition whatever. Unified, with every wandering eleraent gathered to the fold, compact and resistless, it led the Demo cratic hosts of the Union. Sorae Deraocratic Clubs in Dallas, Texas, challenged the States of the Union to roll up a heavier raajority than the Lone Star coraraonwealth, the trophy to be a silken banner. Espe cial dares were given to Georgia and Kentucky, The enorraous raajority given to Gov. Colquitt was duplicated for TUden and Hendricks in November, and in due tirae there carae froih Dallas to Gov. Colquitt a raagnificent banner, the badge of Georgia's Democratic superiority. Gen. Lawton was elected President of the Electoral college, which assembled in Atlanta on the 8th of Deceraber, 520 GREGG WRIGHT ON GOVERNOR BEOWN. and cast the State's vote for Tilden and Hendricks. The most extraor dinary result of the November election was the return to Congress of the entire Representatives elected in 1874, something that has never happened before or since. The members thus re-elected without an exception, were Julian Hartridge, Wra. E. Sraith, Phil. Cook, Henry R. Harris, Milton A. Candler, Jas. H. Blount, Wm. H. Felton, Alex. H. Stephens and Benjamin H. Hill. During the past years. Gov. Brown had, after a series of long and hard conflicts in the Legislatures and before the people, established irrefutably the integrity and validity of the State Road lease, and his company was firmly fixed in its occupancy of the road. But during these years, though out of politics, and devoting his extraordinary energies and sense to material enterprises, his powerful personality was, in the public imagination, a persuasive and irrepressible influence. No man has ever been accredited with so rauch mysterious and potential manipulation of political affairs. It was a strange tribute to both his past power and still existing domination. That witty and sparkling young journalist, Gregg Wright, editor of tlie Augusta Chronicle, who died so young, and yet so raarked in his , calling, happily expressed the reraarkable estiraate the public placed upon Gov. Brown, and the repute that attached to hira in political raat ters, in this sketch. " Mr, William Dugas Trammell was not far wrong in the description which he gave of ex-Gov, Brown in his communistic romance, Ca Ira. Under the name of 'Mr, M.alcomb,' he speaks of him as a man universally feared and admired, who was believed to be always engaged with the Governors, Legi,slatures, City Councils, railroad officials and great speculators, in certain mysteries. If he was on speaking terms with the Governor, there were those to swear that he was the real Executive and was running the government ; if his carriage stopped in front of a printing office, the editor was bought up ; if he whispered in the ear of a member of the General Assembly, the Leg islature was bribed ; if a newspaper said a good word of him, it was paid to do it. If it was consistently friendly, he owned an interest in the establishment. No one who has lived in Georgia since the close of the' war can doubt the fidelity of the portrait by the communist artist. If the ex-Governor he a man of any humor whatever, he must lie as much amused as offended by the manifold and conflicting charges brought against him, and the multijdicity of schemes which he is declared to have originated. The evil spirit of the Indians was never an object of more fear to the ignorant children of the forest than this man is to the people of Georgia, nor were the stories of the power of and designs of the one a whit more wild than some of the fables which have been set afloat concerning the Cherokee chieftain. Nothing, it would seem, has been too extra- ordiniiry or improbalile for the imagination of writers or the credulity of readers. If the man did a tithe of what he is accused of doing, he is a mental and physical phe nomenon — an eighth wonder of the world, more >^onderful than the other seven com- GOVERNOR BROWN IN FLORIDA. 521 billed. He is everywhere at the same time — irrepressible, omnipresent, omniscient, omnipotent. He • runs ' the city of Atlanta, he ' runs ' the State of Georgia, he ' runs ' railroads, coal mines, iron furnaces, steainsliip companies, newspapers, job offices, churches, free schools, colleges, universities, the farmers, the democratic party, the lib erals, the conservatives, the negroes aud the whites, aud between whiles engages in banquets, difficulties aud duels. Oue day we are informed that he is intriguing ener getically, adroitly and with good chances for success for the Vice-Presidency. The next he is plotting to prevent any Atlanta man from warming his feet or cooking his food with coal which does not come from his mines. The next he is at the head of a ring which has control of the whole State ; and is parceling out the offices to his friends and adherents. The ne.xt he is manipulating a congressional convention by telegraph. 'Ihe next he is dictating to the Georgia Legislature. The ne.xt he is heading a faction and waging war with the lessees of the Western and Atlautic railroad. I'he next he selects a chanceUor for the university, etc. If he speaks, every word is .sifted to discover a meaning which it does not bear on its face. If he remains quiet, he is plotting — giving away such trifles as governoraliips, seats in Congress, on the Supreme Beuch and in the United States Senate. " Last Wednesday the Atlanta News sounded a long ' note of warning ' to the people of Georgia. The e.x-Governor is ' caucussiug ' and making up slates — this time in tlie inter est of the holders of the bogus bonds. ' It is reported that the political slate includes the candidature of Mr. James Brown, a brother of ex-Gov Brown, for Governor, and the appointment of certain parties to judgeships, besides the running of candidates for the Legislature in all the counties.' This is the programme for 1 876. Such a man is dangerous to the country and th6 people. With the lamp of Aladdin, the purse of Fortunatus, the pass word of Ali Baba, the helmet of Pluto, the armor of Achilles, the genius of Napoleon, the diplomacy of Talleyrand and the pertinacity of the devil, there is no withstanding him. Can we not make him a respectable kingdom either in Mexico or South America and induce him to emigrate ? The experiment is certainly worth trying." Gov. Brown had come into full accord with the Democratic party. Supporting Gov. Smith for Governor against his life-time friend, Judge D. A. Walker; and Greeley for president against Grant, he had aligned himself' squarely with the Democracy. He gave in connection with the Tilden-Hayes presidential contest, a demonstration of his Deraocratic fealty and individual value to the party, that drew upon him national attention. Florida was one of the States whose vote for President afforded the chance for thwarting the election of Mr. Tilden. It was one of the three battle-fields of that novel conflict, which it is to be hoped may never be again witnessed in this Union, and which involved the defeat of the people's will by the abominable mechanisra of party returning boards. Gov. Brown, though sick and unfit for duty, yielded to a general public desire, and went to Florida to give his great abilities to protect ing the purity of the ballot, and ensuring a fair count of the Tilden vote. Through the wearisorae phases of this vital conflict he reraained. 522 JAMES JACKSON and LOGAN E. BLECKLEY. contesting fraud at every step, and finally raade an argument of unex ampled power in the cause. This episode of valuable service strength ened Gov. Brown's advancing restoration to the public confidence, due to hia large measure of public usefulness. During Gov, Smith's term some changes had taken place upon the supreme bench that require notice. The Hon. R.' P. Trippe was appointed to succeed Judge Montgomery, February 17th, 1873. .ludge Trippe and Judge McCay resigned from the supreme bench in 1875, and in their places Gov. Sraith appointed, July 27th and 29th, Hon. James Jackson and Hon. Logan E. Bleckley. Two more fitting appointments could not have been made. Both were singularly pure and simple-man nered men, both of scholarly culture, both lawyers of the first ability, and both persons of unusually sincere conviction and unbending integ rity. Judge Jackson had filled niany public trusts, and .Judge Bleckley very few. As Congressraan and Judge, Hon. James Jackson had won an enviable reputation. Judge Bleckley had been supreme court reporter, and was noted for accuracy, and a certain indescribable style of original thought and sententious polished expression. Two higher types of men we have never had upon our supreme bench — men raore thoroughly representative of the manliest grade of South ern character — men gentle, unpretentious, gifted, resolute, and yet learned in the law. Judge .lackson added to his high qualities the grace of a Christian piety, holding up in his strong life the cause of practical religion. Judge Bleckley has had sorae interesting peculiarities. A certain vein of witty singularity ran through his nature and cropped out in all sorts of curious ways, carrying an odd conception of a not unpleasant quaintness. It was a thing that few raen could do, for him to signalize his resignation from the supreme bench with a poera, that stands to-day upon the grim records of the court. Yet he did it with a touching effect, and in utter relief of the seeming incongruity of such a proceeding. It raay show the honorable eccentricity of his character, running to a sort of refined Quixotism of good, to recall an incident. Judge Bleckley called to renew his subscription to the Atlanta Her ald. He found that his paper had been delivered several weeks beyond the time for which the subscription was paid. He was very much dis pleased, and said the running over must not happen again : that when his time was out his paper must be stopped : that it was a rule of his life to go to bed owing no man anything and he had been made to vio late his rule. There is a strata of poesy in Judge Bleckley's nature. A. O. BACON, Speaker of the Georgia House of Representatives. tiie tresent sltreme lench. 523 and an irrepressible tendency to quaint conceits of thought, that find vent even in the iron formularies of a Supreme Court decision. Judge Bleckley was re-appointed Judge in January, 15th, 1877, by Gov. Colquitt. He resigned in 1880, and Hon. Martin .1. Crawford was appointed and qualified in his place, February 9th, 1880, by Gov. Colquitt. Chief Justice Hiram Warner resigning in 1880, Judge Jack son was appointed Chief Justice, Septeraber 3, 1880, and Hon. Willis A. Hawkins was selected for the vacancy occasioned by Judge Jackson's proraotion. On the 17th of November, 1880, the General Assembly elected James Jackson Chief Justice, and Martin .1. Crawford and Alex. M. Speer Associate Justices, and this is the present status of the Supreme Court. It is an able, a strong and a learned bench, — such an appellate tribunal of final resort as graces the jurisprudence of a great comraonwealth, gives guarantee of an exalted administration of justice, and exalts the dignity and vitalizes the influence of an august judiciary. Judge Speer, the junior meraber of the court, has been an honored citizen of Georgia, repeatedly elected to positions of trust, and filling, before his merited elevation to the Supreme Bench, the high place of Judge of the Superior Courts of the Flint Circuit with an ability and dignity not surpassed in the judicial annals of Georgia. Judge Craw ford has been distinguished as a statesman and jurist for a quarter of a century, he and Judge Jackson both illustrating the State in the national councils as well as in the judiciary of the coramonwealth. The legislature of 1877 was organized by the election of Hon. A. O. Bacon as Speaker of the House, and Hon. R. E. Lester as President of the Senate. Major Bacon had evinced such extraordinary qualities for a presiding officer that he was chosen Speaker without opposition. Clear, rapid, prompt, polite, with a loud, distinct enunciation, always audible in every part of the hall, thoroughly versed in parliamentary law, using wonderful dispatch in the business of the body, with an iraposing raanner and uniforra dignity, and with an unvarying courtesy of raanner, Mr. Bacon was a model Speaker, and his superiority for gov erning the deliberations of the House so unquestionable, that he was elected by a sort of involuntary and common consent. The sarae cora- filiraentary distinction was conferred upon hira by the legislatures of 1878-9 and 1880-1, to both of which he was elected a Representative, the Asserably of 1880-1 being now in session and Major Bacon presiding with his accustoraed grace and efficiency. Col. Lester was also a fine presiding officer, directing the delibera-. tions of a rauch smaller body, the Senate, and one easier to handle. 524 E. p. HOWELL AND PATRICK WALSH. but his parliamentary qualities were none the less thorough than those of Speaker Bacon. Col. Lester was also elected President of the Sen ate of 1878-9. Hon. Evan P. Howell was chosen President of the Senate pro tem.., during both of Col. Lester's terms. Mr. Howell succeeded Mr. George Hillyer as the Senator frora the Atlanta Dis trict. He had been for years chosen as one of the city fathers of Atlanta. He had signal capacity for public affairs, uniting in a marked degree unusual power of party manageraent to a bold, shrewd, practi cal judgment. He had an exceptional poise of cool sense, and a singu larly direct way of going to the marrow of things. In 1870 Mr. Howell bought an interest in the Atlanta Constitution, and has since then been one of the proprietors and editors of that powerful paper, and his enter prise and wisdom have been controlling qualities in its wonderful success. Mr. Howell will be an influential factor in Georgia politics in the future. Araong the notable raen of the legislature of 1877 was another raem ber of the Georgia press, Hon. Patrick Walsh, one of the Representa- ' fives from Richmond county, and one of the proprietors and editors of the Augusta Chronicle and Sentinel, now the Chronicle and Con stitutionalist. Mr. Walsh has a solid, stoutly-built, medium-sized fig ure that gives token of the man, and his substantial raoraentura of character. A grave, irapassive face, and a steady, deliberate manner, increase the idea of strength that attaches to him. Of Irish blood, Mr. Walsh has a good deal of the sturdy combativeness that belongs to that race, and yet he is free from the excitability that leavens largely the Irish nature. Mr. Walsh is a person of unusual force, direct, simple, truthful, positive, and with an irrepressible rising quality in hira that will carry the raan very high. He is daring and yet raethodical and self-poised. He is a true and earnest person, a faithful friend and an open opponent, striking hard but honorably. He is both a forcible writer and an impressive speaker. One of the colleagues of Mr. Walsh, from Richmond county, was Col. J. C. C. Black, a gentleman of earnest and effective oratory, who made some speeches of uncommon power in the campaign of 1880. There were some very bright men in this body, who have since steadily risen in public esteem. Araong these were A. P. Adaras, A. H. Gray, H. H. Cariton, Henry Hillyer, N. L. Hutchins, A. D. Candler, W. J. Northern, J. T. Jordan, A. L. MiUer, J. H. PolhiU, J. A. Reid, J. D. Stewart, W. M. Hararaond, A. H. Cox, F. H. CoUey. Among the older members were P. M. Russell, W. P. Price, R. J. Moses, Jas. M. Sraith, W. W. Paine, Wm. PhiUips. GOV. colq'uitt's fine financial administration. 525 Gov. Colquitt was called upon for suggestions in regard to the financial matters of the State and sent in a message showing a raost thorough investigation of every point connected with the raanageraent of the finances, and suggesting a comprehensive system of retrench ment and reform. The ideas advanced by hira covered the ground of the reform afterwards instituted by the Convention and legislatures. This raessage is a remarkable docuraent, and Gov. Colquitt raay well plume himself upon its practicality and comprehensiveness. He dis cussed ably the saving by a raore exact return of property for taxation, a raore rigid collection of taxes, a more economical collection of taxes, reduction in the cost of legislation and legislative clerk hire, decrease in the outlay of the contingent, printing and bmilding funds, reduction in the nuraber of clerks in the various departraents, lessening the num ber of judicial circuits, the cutting off of superfiuous offices, arid the inauguration of small economies. Gov. Colquitt put in practical operation the economies he suggested as far as lay in his power. He immediately iraposed the duties of the Keeper of Public Buildings on a clerk in the Executive office without extra pay. He made considerable savings in the contingent, printing and buUding funds. Every expenditure for the State was scrutinized as closely as a private account. Gas, coal, labor, stationery, postage, printing, advertising, clerk hire and incidental expenses were all reduced in cost to the State. The extraordinary financial fruits of Gov. Col quitt's administration will be shown hereafter. Among the legacies of burden left from previous administrations to Gov. Colquitt were several bankrupt railroads, whose bonds the State had endorsed. These were the Macon and Brunswick, the North and South, and the Memphis Branch railroads. The Brunswick and Albany railroad had received State aid in Gov. Jenkins' term to the amount of $1,^)50,000, and subsequently $600,000 in Gov. BuUock's term. Tlie $600,000 had been thrown over. The $1,950,000 were recognized, and in July, 1873, Gov. Smith seized the road for non-payment of interest. In May, 1874, Gov. Smith endorsed the bonds of the Memphis Branch railroad for $34,000, and seized the road in May, 187G, for non-payment of interest in January and July, 1875. In December, 1872, Gov. Sraith endorsed the bonds of the North and South railroad for $240,000, and in April, 1874, he seized the road for non-payraent of interest. These three roads were placed in the hands of receivers, were sold, and all carae into the ownership of the State. The Macon and Brunswick rail road was sold at public outcry and bought in, June, 1875, by Gov. 526 GOV. COLQUITT AND THE SEIZED RAILROADS. Smith for the State, and put under the management of E. A. Flewellen, W. A. Lofton and George S. Jones. In 1876, the Macon and Brunswick railroad showed $28,000 paid into the treasury. From Deceraber 1, 1876, to Septeraber 30, 1878, under Gov. Colquitt, $65,000 was paid into the treasury, and $164,608.12 from September 30, 1878, to February 29, 1880, showing the increased pay ments to the State. The iron. and property of the Memphis Branch raUroad was sold in August, 1877, for $9,000, td the Marietta and North Georgia raUroad. The North and South railroad was sold to Louis F. Garrard and others for $40,500, and the money is now in the treasur3^ The Macon and Brunswick railroad was sold, conveyance made and the property transferred on the 28th day of February, 1880, for $1,125,000, of which $250,000 was paid down, and the balance is to be paid in payments of $250,000 in two years from that date, and $625,000 in four years. The company is under obligation to extend the road in five years from date of sale to Atlanta, and is building such extension. In 1876, the sura of $542,000 of bonds was issued and sold, and the proceeds used to pay the accrued back interest on the Macon and Bruns wick, and North and South railroad bonds. In 1877, the sum of $2,298,000 of six per cent, bonds were issued to exchange for the seven per cent, endorsed bonds of these railroads, and the Memphis Branch raUroad. The aggregate bonded liability of the State on these raUway enterprises is $2,842,000. Under Gov. Colquitt's administration the sum of $1,174,500, i^rincipal, will be realized frora them, leaving the balance against former administrations of $1,667,500 of loss from unfor tunate endorsements. The General Assembly of 1877 elected a successor to Hon. Thomas M. Norwood, United States Senator. The contest was quite an ani- ¦ mated one, and continued for several days.- The first day's joint ballot on Wednesday, January 24th, 1877, resulted : T. M. Norwood, 96 votes, B. H. HiU 78, Jas. M. Smith 27, H. V. Johnson 11, D. A. Walker 4 ; total 216, needed to elect 109. Mr. Norwood was the strongest can didate on this vote, but lacked 13 ballots to elect him. The struggle was between Mr. Norwood and Mr. HiU. The under-current of strategy was active and interesting, and gossip gave to Gov. Brown the direction of the final result. On Thursday the joint ballot stood: Norwood 95, HiU 77, Smith 29, Johnson 10, Walker — . The coquetting of both the Norwood and HiU raanagers with the Smith raen was ardent. Rumor, the jade, put it that Dr, Carlton was very instrumental in sorae clever work for Mr. HiU. The gossip ran that sorae of Mr. Hill's men had been STATE HOUSE OFFICERS ELECTED. 527 detailed to vote for Gov. Smith, and at the proper tirae initiated the moveraent that carried Hill through. Be this as it raay, on Friday, on a single joint ballot, the -vote stood. Hill 114, Norwood 85, Smith 5, Johnson 5, not voting 4, and Mr. Hill was transferred from the House to the Senate for the six years beginning March 4, 1877, and ending March 4, 1883. The same legislature elected N. C. Barnett, Secretary of State, J. W. Renfroe, Treasurer, and W. L. Goldsmith, Comptroller General. CHAPTER XLVL GOVERNOR COLQUITT'S BRILLIANT FINANCIAL ADMIN ISTRATION. Grumbling at the State Constitution of 1868,— The Legislature of 1877 Inaugurates a Convention Movement. — The Constitutional Convention of 1877, — Its Personelle, — . Ex-Gov. C, J, Jenkins its President,— The Work of the Convention,— Gen. Toombs and Railroad Restriction,— The Capital Question Settled,— A lively Battle between Milledgeville and Atlanta,— New Judges.— C, D. McCutchen,— Henry Tompkins,— President R, B. Hayes' Visit to Atlanta. — Gov. Colquitt's Memorable Speech of Welcome, — Gov. Colquitt's Splendid Financial Administration, — The Growling over Financial Success.— The State Road Droppings, — The Tuggle Picking.— Bo nanzas aud Grumbling.— The Railroa'd Back Taxes. — The Macon and Brunswick Railroad Earnings. — Floating Debt Knocked Out, — Public Debt Reduced a Million and a half, — Taxation Cut Down nearly one-half, — Tax Burdens Halved,— Small Economies, — Every Expense Decreased, — Noisy Minorities and Quiet but Over whelming Majorities, — The International Sunday-School Convention. Gov, Col quitt made President. — A Great Compliment. — Chatauqua and Brooklyn. — Gov, Colquitt as a National Harmonizer, and Georgia a Foremost Agent of Moral Civilization, The State Constitution of 1868 was in the raain a good one, and in ordinary tiraes would have been cherished by the people. It contained some minor defects, that could have been remedied. It was, as a whole, a document of organic law, well suited to the changed condition of public affairs, progressive, liberal, and yet conservative. But unfor tunately the method of its formation and imposition upon the State was a standing shock to the public sentiment of a free people. It was the creature of bayonet reconstruction, and had been forced upon the commonwealth. Whatever merits it had were ignored in the resent raent born of its origin and the manner of its enforceraent. As soon as the Democrats came into power the agitation began for a convention to frarae a new Constitution that should be the product of the State's free volition. The theme continued to be discussed, and excite a growing interest, until the IjCgislature of 1877, after a pro tracted discussion of the subject, passed a bill introduced by Hon. A. D. Candler, of HaU county, subraitting the issue to the people to say by a popular election, whether a convention should be held. The elec tion was held on the second Tuesday in June, 1877, and resulted in the THE CONSTITUTIONAL CONVENTION OP 1877. 529 success of the convention raoveraent. The vote was small, aggregating only 87,238, out of the 214,665 poUs in the State, of which 48,181 were for, and 39,057 against, the convention, the raajority being 9,124. The Convention was caUed together on the 11th day of July, 1877, by the Governor. There were 194 delegates. The body was a very able one, and its deliberations were raarked by dignity. Ex-Gov. Charles J. Jenkins was elected President, a fitting conclusion to his honored, useful and illustrious public career. There were sorae very strong men in the convention. It included among others. Gen. Robert Toorabs, Judge W. M. Reese, Gen. L. J. Gartrell, Judge Thos. G. Lawson, Judge Augustus Reese, Hon. Joshua Hill, Gen. A. R. Lawton, Judge M. L. Mershon, Judge A. H. Hansell, Hon. J. L. Seward, Hon. Nelson Tift, Hon. T. L. Guerry, Judge D. B. Harrell, Hon. T. M. Furiow, Col. M. W. Lewis, Judge T. J. Siraraons, Gen. Eli Warren, Judge J. T. Willis, Col. N. J. Hararaond, Judge Hugh Buchanan, Judge L. H. Featherston, Judge S. W. Harris, Judge J. R. Brown, Gen. W. T. Wofford, Judge Aug. R. Wright, Hon. L. N. TramraeU, Judge J. C. Fain, Col. W. K. Moore, S. Hawkins, C. J. Wellborn, A. W. Holcorabe, W. O. Tuggle, Col. John ColUer, Col. P. L. Mynatt, Col. Wier Boyd, Dr. H. R. Casey, Hon. Pope Barrow, Col. J. M. Pace, W. R. Gorraan, Col. Wra. T. Thorapson,' Porter Ingrara, E. C. Grier, Judge J. L. Wiraberley, B. E. Russell, Hon. J. L. Seward, Col. John Screven, J. L. Warren, W. R. Gignilliatt, War ing Russell, Col. John M. Guerard, Geo. F. Pierce, Jr., R. L. Warthen. There was in the body one ex-Governor, two United States Senators, eight Congressraen, seventeen Judges, and ex-legislators innumerable. The convention continued in session frora the 11th day of July until the 25th day of August, 1877. There was rauch discussion and some of it was very able. Sorae very radical changes were made and striking innovations were grafted upon the organic law. The theory of State aid was killed and buried, and a prohibition against increase of the pub lic debt or any expenditure of public money for any purpose save run ning the State governraent was passed. The terras of officers were shortened one-half and salaries reduced, making elections more frequent. The selection of Judges and Solicitors was taken from the appointment of the Executive with the consent of the Senate, and changed to an election by the General Assembly. The largest subject before the con vention was the control of railroads by the State. This was a pet meas ure of Gen. Toombs, and was pressed by him with vigor and ability, and finally was carried. The homestead was largely reduced. The payraent of the fraudulent bonds was forever prohibited. An endeavor 34 530 T:ia livei.v co.vtest over the capital. was raade to check local legislation by requiring notice to be given in the counties affected by it, and by curabering legislative action upon it by unusual formalities, the practical operation of which has been to protract the time and increase the trouble without dirainishing the quantity of local legislation. Biennial sessions were adopted. The location of the capital at Atlanta or MUledgeviUe was left to the people to decide by an election, as also the choice of the horaestead of 1868 or the one of 1877. The election for ratification of the new constitution, the location of the capital and the choice of a Homestead was held on the 5th day of December. Atlanta and Milledgeville had a warm contest for the capital. The battle was lively and somewhat acrimonious. The arguments used were sorae of them of a novel and farcical character. That Milledgeville was a stagnant locality where the average legislator would browse in public retrogradation, and that Atlanta was a den of immeasurable iniquity whose atmosphere would ruthlessly poison the virtue of the most faultless legislative body, was irrefutably proven by incontestible evidence. The press entered into the fight with wonderful earnestness. Atlanta was raathematioally demonstrated to be responsible for every enormity of the Bullock regime and a despotic reconstruction, while in the same unanswerable manner MiUedgevUle was shown to be only fit for a conclave of fossils. .\tlanta fought the struggle with characteristic liberality and enterprise. She had her committees and flooded the State with documents. The vote stood: for ratification of the Constitution 110,442: against, 40,947: whole vote, 151,389, out of 214,665: raajority for Constitution, 69,495. The vote on the capital was for Atlanta 99,147: for MiUedga- viUe, 55,201 : majority for Atlanta, 43,946. The vote for the Homestead of 1877 was 94,722: for that of 1868, 52,000: majority for Homestead of 1877, 42,722. It was an interesting incident of the convention that it exceeded the $25,000, prescribed in the Act of the legislature caUing it, to pay its expenses. Under the written opinion of the Attorney General, R. N, Ely, the Treasurer, J. W. Renfroe, declined to pay beyond the $25,000, Gen. Toorabs vowed that its deliberations should not bo stopped for want of funds, and he advanced $20,000 to pay its further expenses. The convention passed an ordinance covering the araount, and Gov. Colquitt repaid the loan. It was made quite a cause of complaint in the gubernatorial campaign of 1880, that Gov. Colquitt had no right to repay the money without an act of the Legislature authorizing it. But the people brushed away the causeless censure. Gen. Toombs did a THE JUDICIARY OF 1877. 531 sirailar thing when Gov. Srnith was first elected. Mjnoy was needed to run the State. Bullock had left us stranded and without credit. Gen. Toorabs raised $300,000 on his own account to bridge over the limergency, until raoney could come in by taxes. Gov. Colquitt appointed in January, 1877, the following Judges; Geo. N. Lester, Blue Ridge Circuit: Martin J. Crawford, Chattahoochee^ Circuit: C. D. McCutchen, Cherokee Circuit: H. Buchanan, Coweta Circuit: H. Tompkins, Eastern Circuit: C. Peeples, Atlanta Circuit: E. H. Pottle, Northern Circuit: .1. M. Clark, South Western Circuit. Judge C. D. McCutchen was a gallant cavalry officer in the Regiment of Col. I. W. Avery. He had been a State Senator. He was a lawyer of unusual ability and legal discernment, and a gentleman of the highest social and Christian character, possessing a punctilious integrity, severe truthfulness, and a finely balanced temper and judgment. He made one of the best judges in the State. Notwithstanding his admirable spirit of equable temper, he was a very positive Judge, evincing his sturdy decision conspicuously in making the Grand Jury of Bartow county strike some objectionable matter from its presentraents, the novel eltercation exciting State interest, and resulting in the complete popular endorsement of Judge McCutchen. Judge Henry Torapkins, of the Eastern Circuit, was a handsome young Alabamian, who fought at sixteen years of age, in the war, and located in Savannah after the surrender. He made a capable and pop ular Judge. Judge Peeples died in June, 1877, and Gov. Colquitt appointed George HUlyer in his place. ' Judge B. Hill, of the Macon Circuit, died in September, 1877, and Gov. Colquitt appointed W. L. Grice in the vacancy. .Tudge J. M. Clark, of the South-western circuit, died in June, 1877, and Gov. Colquitt appointed on that bench a very bright, handsorae young lawyer, who had been Solicitor of that circuit, Charles F. Crisp, a son of the well-known tragedian, and a character full of fine promise. In November, 1878, the following Judges were elected under the new Constitution of 1877 ; George HiUyer, Atlanta circuit ; C. Snead, Augusta circuit; J. L. Harris, Brunswick circuit; Alex. M. Speer, Flint circuit; Thomas J. Simmons, Macon circuit; H. V. .lohnson. Middle circuit; Thoraas G. Lawson, Ocmulgee circuit; J. W. H. Underwood, Rorae cir cuit; C. F. Crisp, S. Western circuit; and Alex. S. Erwin, Western circuit. The election of Judges by the General Asserably, has proven to be very objectionable, consuming much tirae of the body, creating a disagreeable experience of electioneering, resulting in corabinations of 532 GOVERNOR Colquitt's fine financial administration. influence injurious to a choice by merit, and not beneficial to the State Judiciary. During October, of the year 1877, Rutherford B. Hayes, the Presi dent of the United States, visited Georgia, accompanied by his wife, Mr. Wm. M. Evarts, Secretary of State, and D. M. Key, Postmaster- General. The demonstration of respect in Atlanta was overwhelming. Gov. Colquitt and the Mayor of Atlanta, Dr. N. L. Angier, both made addresses of welcorae. The speech of Gov. Colquitt was the perfection of good taste and eloquence, and was copied over the whole Union. It was a singularly felicitous utterance. A banquet was given to the distinguished guest, and Gov. Colquitt honored him with a reception at the Executive mansion. The most briUiant and successful single feature of Gov. Colquitt's remarkably beneficial administration has been its financial results. Watching the minutest details of expenditure in his control, he has, in all matters requiring it, maintained the good faith and proper liberality of the State. And, singularly noticeable, the improvement of the public finances has not only been shown in the ordinary, but in unusual ways. It seems as if some fortunate fatality had guided the pecHniary affairs of the commonwealth during this long rule of Gov. Colquitt, while by a curious piece of fortune, no Executive ever suffered so much of annoying animadversion. While every year has shown the State's progress so far as her treasury is concerned, concurrently with such betterment of money raatters, there has been incessant growling at the Chief Magistrate. Large raeaiBures of public good were only regarded frora a stand-point of dissatisfaction at alleged defects. Heavy pay raents into the public treasury from unexpected sources, literally picked up, afforded themes for such envenomed grumbling as would indicate that the instrument of these benefactions was an eneray to the com monwealth and the source of injury to the popular interests. The instances of this sort of treatment are numerous and interesting. The State bought the equipments of the State Road from the United States Governraent, after the war, and paid for them. Gov. BuUock employed Col. Baugh to re-open the settlement and get back some of the raoney in excess of the real value. A number of raen joined Baugh. Gov. Sraith enlarged the contract frora 12 1-2 per cent, to not exceed 25 per cent, coraraission, and allowed raore attorneys to come in. The gentlemen engaged were Robert Baugh, Gen. A. C. Garling- ton. Col. R. A. Alston, J. C. Fain, Henry R. Jackson, A. R. Lawton, W. S. Basinger, W. A. Prescott and C. D. WiUard. The claim was the tuggle fee. 533 pushed through by that very electrical worker, Col. R. A. Alston, and $199,038.58 was collected from the United States Government. Gov. Colquitt aUowed the ten attorneys to have their 25 per cent., and $152,278.94 went into the State Treasury to relieve the people. Yet, strange to say, there was less rejoicing over the large gain of money than growling over the fees paid the attorneys under a contract fixed by Gov. Colquitt's predecessors. But it was irapossible to balk Gov. Colquitt's evidently inevitable raission of financial benefit to the State. He kept up his enlargeraent of State funds. Col. W. O. Tuggle found out that there had been an error of interest growing out of a claim of the State against the United States Government, connected with the Indian hostUities of 1836, in Georgia. The claira was settled. Gov. Colquitt gave Col. Tuggle authority to re-open the raatter, having first written to Hon. A. H. Stephens and Hon. H. P. Bell to learn if any such claim was being prosecuted at Washington, and receiving reply in the negative. Col. Tuggle collected the sum of $72,296.94, received his fee of 15 per cent,, araounting to 10,844.54, and paid the balance into the State Treasury, of $61,452.40. It was not an unreasonable thing to suppose that sorae considerable flush of popular satisfaction would have ensued over this spontaneous and munificent chance of good fortune. But there was a lively episode of altercation over the rich dropping. Hon. Jaraes A. Green of Baldwin county was agent of the State for sorae clairas, and thought he ought to have a portion of Col. Tuggle's fee. Mr. Green had done none of the work, but he raeraorialized the General Asserably of which he was a member on the subject. A com mittee was appointed, C. J. Harris, R. C. Huraber and H. T. HoUis. The House passed a resolution asking the Governor for the facts, and he gave them in a raessage. Mr. Huraber moved to lay the message on the table. Mr. Green's authority covered clairas of the war of 1812 and "former wars." The coraraittee thought " forraer wars " included the war of 1836, and that Mr. Green had rights, " though he does not appear to have had anything to do with this particular claim," but pro posed " to leave the contestants to the courts of the country." Mr. Tuggle has not been disturbed in his fee. Thus had the Governor seen in the first two years of his fortunate administration $213,731.34 picked up and put in the public purse. But this was not all. In 1874 an act passed to tax railroads like other property. Many roads clairaed chartered exemptions. Gov. Sraith pressed the raatter by suits and obtained sorae raoney. 534 SAVINGS AND REDUCTIONS BY THE MILLION. The decisions of the courts were mostly against the State. The Uti gation was re-opened by Major R. N. Ely, Governor Colquitt's Attor ney General, by the authority of the Governor. Major Ely, aided by Gen, Robert Toombs, pressed new suits vigorously and ably. The handsome amount ol $216,683.27 of back taxes was collected for the State for the years 1874, 1875 and subsequent years. And a principle was established that will bring a large annual revenue into the State frora this source. This was a valuable installraent for the Treasury, but there was yet sorae very acriraonious howling at the Executive, Major Ely and Gen. Toombs, on account of their fees. Legislative comraittees were appointed and sent for witnesses and investigated, and there was a mighty stir to no purpose. Here now was $430,414.61 plumped into the people's purse frora extraneous and extraordinary sources, and yet every dollar had been the subject of growling and censure. The earnings of the Macon and Brunswick road, as before stated, running to $164,608.12, can be added to this amount. When Gov. Col- cjuitt was inaugurated, the State was carrying a floating debt of »350,000. In 1877 this was reduced to $200,000, and in 1878 com pletely wiped out. The public debt, when Gov. Colquitt came in, was $11,095,879. It is now $9,643,500, having been reduced $1,452,379, besides four per cent, bonds issued and redeeraed. The rate of taxation in 1876 was five-tenths of one per cent., or fifty cents on the hundred dollars, and raised $1,229,268 on a taxable property of $245,853,750. The rate of taxation has been reduced under Gov. Colquitt's regime to three-tenths of one per cent., or thirty cents on the hundred dollars, and wUl raise in 1881 $750,000 on the taxable property of $250,000,000. This is a marvelous result in five years — a reduction of taxes, two-fifths or almost a half, and relieving the people from $679,268 that they paid in tax burdens in 1876. And so far as the Executive of the State can bring such an end, credit is due to Governor Colquitt. It has not been siraply in large matters that there has occurred a marked reduction of expense, but, also, in the smaller affairs of State administration, under the good rule of this conscientious chief magis- ' trate, the Christian Colquitt. The saving in the cost of running the lunatic asylum was $40,000 in the years 1877 and 1878, and out of the retrenchment was erected a $25,000 addition to the institution for colored patients. The deaf and dumb and blind asylums were also more economically administered. The expenditures under the contin gent, printing and public building funds were diminished one-third. Even in the minor items of postage, proclamations, gas, coal and sta- GOV. COLQUITT AS PRESIDENT INTERNATIONAL S. S. CONVENTION. 535 tionery, there were substantial economizings. Proclamation printing was decreased from over $3,000 to less than $1,000 for instance. And as these economies were begun before the convention of 1877 and the legislatures that followed, and, as Gov. Colquitt suggested the reforms inaugurated by these bodies in his first special message in January, 1877, the credit of the valuable retrenchraents that have been raade must be accorded to him. And in spite of the active and unceasing misrepresentation of his acts, the raasses of the people appreciated his course and overwhelraingly endorsed hira. The anoraalies of his public career have been raany and striking, but none raore than that one of the raost valuable adrainistra tions of Georgia history has been so ranoorously assailed and so signally approved. The crusades against him have been aggressive and impla cable, and have seemed to be mighty and invincible. Yet when the test has corae, and the public has spoken its verdicts, the popular opinion has shown itself so crushingly against his assailants, and given in this age and country of smaU poUtical majorities Such ponderous endorse ment as to make raen doubt the evidence of. their own senses, and wonder that minorities can be so disproportionately noisy and phenom enal majorities be so quiet. An event worthy of noting in the early part of Gov. Colquitt's adminis tration, was the assembling of the International Sunday School conven tion in 1878, in Atlanta. This body, representing a constituency of eight millions of Sunday School teachers and scholars, the Christian children of the English-speaking world of all denominations, was the grandest and most important convocation of the century. It had as delegates the leading spirits of the world in eloquence, piety and Christian influ ence — the men of power and genius in every section — profound thinkers, transcendent orators, learned and devout divines of world-wide fame. There never has been a gathering of brighter and raore illustrious raen. It was an unbroken galaxy of Christian intellectualities. It was a proud, personal triuraph as well as a rare tribute to the State that the Governor, by his personal magnetism and moral and mental power, captured this body of superior men. Gov. Colquitt was unani raously chosen as the President of this irapressive convention for four years. He raade sorae of the raost eloquent speeches of the session, and left an irapress upon its sacred deliberations and critical raembership that was an honor to hiraself and Georgia. To the four corners of the globe was carried the praises of our enlightened commonwealth and her representative Christian Governor. 536 GOVERNOR COLQUITT AT THE NORTH. It was a gratifying continuation of this unusual and enviable in fluence and repute, that Governor Colquitt was invited to, and attended vast religious gatherings of the Christian thinkers and workers of the North, at Chatauqua and Brooklyn. His speeches were equal to the great occasions, and reacted nobly upon the State. Among recognized inteUectual poWers he took a foreraost stand. He contributed some potential outgivings in the cause of national fraternization, and gave to Georgia the lofty prestige due to a sectional harmonizer. It was an august mission for any man, a mission requiring brain and eloquence and spiritual fervor — a raission strengthened by a handsorae presence, a noble face, and the warm, genial and magnetic Southern raanner that make up the physical personality of Gov. Colquitt. Few men could have gone to these focal centers of critical intelligence and have sus tained, so brilliantly and with such harvest of fame, so trying an ordeal. And not the least of its superb results was that the State of Georgia was thereby placed foremost among the admitted agencies of moral civilization. CHAPTER XLVII. THE EXTRAORDINARY CRUSADE OF HOSTILITY TO GOV. COLQUITT. ' The Democratic Party of the State Overgrown anfl Unwieldy. — Dissension Inevitable. — Universal Desire for Office. — Gov, Colquitt's Popularity.— His Friends after Place, — The Torrent of Applications and Disappointments, — Gov, Colquitt's Inaugural. — The Assaults upon Him Begin. — The North-eastern Bond Endorsement, — A Great Calumny, — Gov, Colquitt's Ringing Message Derpanding Investigation, — The Legislature of 1878-79,— Its Personelle,— H. D. McDaniel— J. B. Cumming,— E. P. HoweU.— H, G, Turner,- W. M. Hammond.— A, L. Miller.— L. F. Garrard. — The North-eastern Bond Enquiry. — The Complete Exoneration of Gov. Colquitt. — ^Wholesale Investigation. — A Carnival of Nosing. — The Comptroller General, W, L. Goldsmith, — Bribery Attempted, — Excitement, — Goldsmith Impeached, — The Trial, — A Defence FuU of Mistakes, — Judge Warner as Presiding Officer,— The Defence Breaks Down, — The Comptroller's Conviction and Sentence, — The Treas urer. — Attempt and Failure of His Impeachment. — Prof. Orr. — Col. N. C, Barnett and His Wax. — Capt, John W. Nelms. — The Principal Keeper of the Penitentiary, — A Lively Investigation, — The Effort to Involve Gov. Colquitt, — An Exciting Epi sode. — The Recoil of a Personal Attack. — Gov. Colquitt's Fine Attitude Amid an Epidemic of Suspicion. The overwhelming majority of the Democratic party in Georgia in 1877, would at fir.st flush seera a favorable augury for Gov. Colquitt and his adrainistration. It was really a state of things full of the worst portent. The organization was overgrown, unwieldy, and heteroge neous. It was coraposed of the confused and illy-welded fragments of the conflicting parties of half a century of shifting political strife. Antagonism to reconstruction had, under the inspiration of a common Southern sentiraent, united under a coramon party banner every diver sity of party adherent, representing every shade of public opinion, and the most irreconcilable party theories. It was a curious jumbleraent of views and prejudices, destined inevitably to dissensions in the absence of ojiposition to weld together its incongruous eleraents. There were many most potent causes to breed trouble in the vast and loosely organized party. The war had impoverished the whole people, and the aspirants for office were countless. It was a clamorous question of bread. The smallest public salaries had a value strangely dispropor tioned to their amount, and the character and abilities of the raen seek- 538 THE RUSH FOR OFFICE IN 1877. ing them. Places were very few, and applicants innumerable and importunate. Again Gov. Colquitt had becorae a sort of public idol. His popu larity was phenomenal. His wonderful agreeability, captivating tact, and shinincr moral Ufe, endeared him to raen of all classes. He had hun- dreds upon hundreds of personal friends, who worked zealously for his election, and each one thought that he should be preferred above all others, and granted anything he raight wish. It has yet to be recorded that any raan's friendship stood the test of a disappointment of his office aspirations, even though it was a conclusively proper disap pointment. There will never, in the history of Georgia, be such another universal rush for office as there was in the year of our Lord eighteen hundred and seventy-seven. From the day that Gov. Colquitt was norainated, the torrent of earnest applications poured in upon hira. From all parts of the State they came, running to hundreds, for each position in his gift. Friends of long standing, with touching pleas of necessity, appealed to him for the opportunity to raake a living. There were pathetic revelations of pecuniary distress, that would have raoved any heart, rauch less, one so syrapathetic as Gov. Colquitt's. The ordeal was appalling. This siege of the friendly unfortunates, raany of thera life time intimates in sore need, was the most trying situation of his life. The offices were pitifully meager. Five places in the Executive office, an Attorney General, a Keeper of the Penitentiary, a Librarian, ten Superior Court Judges, and as many Solicitors, were the small sum total of the patronage in his gift, — about thirty, all told. And for these, hungry, desperate raen, by the thousand, were fervently entreat ing. There were over one hundred applications for the office of Prin cipal Keeper of the Penitentiary; and as raany for State Librarian. Thirteen able lawyers wanted to be Solicitor of the South Western Circuit, and eleven to be Judge, making twenty-four in all, in one httle circuit of the most intelligent and influential leaders of opinion, of whora twenty-three must be offended. One friend was held, and twenty- three active, prominent, implacable eneraies were gained at one stroke. Gov. Colquitt gazed aghast at the situation, and realized, though not fully, for no raan could anticipate it, the storra that was brewing. It was an extraordinary time. The hunger for place was exaggerated by long deprivation and men's really stern needs. With Gov. Colquitt's election by such an unheard-of majority, it looked as if the political millenium had come to his necessitous supporters. Men seemed to GOVERNOR COLQUITT AND TIIE D1S.\P1'01NTE1). 539 think that the offices were ample for any demand. Hundreds applied, designating no office, but asking for some place, and leaving it to the Governor's discrimination to select one that would suit their respective qualities. There can be no more pathetic and suggestive reading than this vast collection of letters filed in. the Executive Department, and a hundred years from now the curious delver of that day into the official records of this time, will read in the plaintive story of these raultitudi- iious applications, the most eloquent portrayal of a State's impoverish ment, and of the cruel visitation of iraplacable enraity that carae upon the Executive, whose offending was that he did not have an office for every worthy applicant. Gov. Colquitt was inaugurated on the 12th day of January, 1877. His chaste and eloquent inaugural concluded in these exquisite words: "Our work is befo'e us, gentlemen, and a grand achievement is within our grasp. That work is the restoration of a vast heritage, which a sad fortune has sorely wasted and damaged. It is to evoke a thousand splendid resources, now unutilized. It is to maintain the proudest and noblest traditions — an honor unsullied — the status of as worthy aud respectable a constituency as exists, and its position by the side of the most advanced of commonwealths. Tliis labor, vast as it is, exacts uo impossilde thing at our hands. Witli the blessings of Heaven, and the agencies of clear heads and pure hearts, it may be accomplislied. " Again solemnly invoking the Divine aid upon our efforts to serve our beloved State, I now take the oath of office." He immediately made his appointments, and the rautterings of the public thunder began. There was no delay in the gathering of the storm. No human power could parallel the miracle of the loaves and fishes, and raake thirty offices erabrace 3,000 people. There were 2,970 disappointed raen; they were scattered over the State; they were the best citizens, influential and active, and they made a nucleus of hostility that frora that day to this has growled at and battered the Executive, heading an implacable opposition to Gov. Colquitt, and making his ad ministration, perhaps, the raost turbulent of the century. No Executive in the annals of the State has had such an unreraitting and virulent crusade of assault as Gov. Colquitt. He differed frora Gov. Brown, and frora his great father, Walter T. Colquitt, in this, that whUe they made aggressive battle, he fought with an invincible defensiveness. In all the fierce warfare kept up incessantly against Gov. Colquitt and his administration, with his assailants striking fiercely not only his public acts, but malignantly seeking to besmirch his personal honor and honesty, to the eternal credit of his resolute reUgious firraness be it said, that he never 540 THE NORTH-EASTERN BOND CALUMNY. attempted to retaliate a slander or inflict an injury. Unyielding, and set immovably against his foes, he never touched them to wound, but with a heroism of jiatience, as unusual as it was lofty, he was satisfied to win the triumph of his reputation from the overwhelraing verdict of the people, leaving his eneraies to public opinion, and unscathed by the malice they deserved. It will be a noble figure in Georgia history, this coraely Christian Governor striking down the hot caluranies against his private and public farae, without having sullied his victory by the indulgence of even a justifiable resentraent against his slanderers. The figure will grow brighter with tirae. A raore unsparing teraper, and a carapaign of recrimination, might have saved him from many an attack provoked by his moderation, but it could not have added one particle to his com plete victory. The act of Gov. Colquitt's administration that was raost unscrupu lously used against him, was the endorsement of the bonds of the North-eastern Railroad for $260,000, or $6,500 per raile for forty miles. The raatter was investigated fully in every possible light for weeks by a legislative committee, and not only sworn legal evidence taken, but even rumors sifted under oath. It constitutes one of the most extraor dinary episodes, of either individual or public record. That so flimsy a pretext should be raade the basis of so grave a calurany and so extended an official inquiry, is something anomalous, and savors of the farcical. The occurrence illustrates how an unreal thing can be exag gerated and falsified by a whispering malice into such proportions that honest human character totters in the balance, and a great State becomes the grand inquest to puncture the aspersion. It shows further, how an act done under the purest considerations of private conscience and public duty can be perverted into wrong under an ingenious hostility. The aid of the State was pledged to this road in 1870. In 1874, State aid generaUy was repealed except where vested. The same legislature of 1874, by resolution, excepted this road frora the general repeal. Gov. Smith appointed J. H. Powers, J. A. Grant and C. B. Wallace to inspect the road for State aid, and they reported favorably January 9, 1877, a few days before Gov. Colquitt's inauguration. Gov. Colquitt treated the matter very carefully. He advised its submission to the courts. The Suprerae Court decided that it had no jurisdiction in the case, and referred the matter back to the Governor. The Governor finally granted the aid to save the road from being sold THE LEGISLATURE OF 1878, 541 under an indebtedness of some $237,632.97, incurred upon the faith of the State, that the State's endorsement would be given when the condi tions of the law were complied with. The Atlanta Rolling raill and Citi zen's Bank had large interest in the decision, the Rolling raill having furnished iron for the road, and the bank backing the mill. Mr. J. W. Murphy, the Treasurer's clerk, was eraployed by the Rolling mill to get up the stateraents of leading raerabers of the legislature of 1874 to show that the intention was to except the North Eastern railroad frora the operation of State aid. Hon. B. H. HUl was also employed by the Rolling raill to secure the endorsement. The subject created a pro found interest. Of the legislature of 1874, A. O. Bacon, Speaker, L. N. Trararaell, President, T. J. Simraons, Chairraan Finance Coraraittee, Geo. A. Mercer, Geo. F. Pierce, Jr., Chairman .ludiciary Coraraittee, H. D. McDaniel, and also Gen. Toorabs, Gen. A. R. Lawton and ex- Gov. Jos. E. Brown favored the endorseraent. Mr. Goodnow, general raanager of the Schofield rolling mill, wrote a private letter expressing the intimation that Gov. Colquitt had yielded to iraproper considerations in granting the aid, and the air became filled with the painful rumors that the Executive had partfcipated in Mr. Murphy's fee. That so incredible a calumny should find a lodgment in the public mind was indeed a shock to Gov. Colquitt, and he raet it with indignant spirit. The legislature of 1878 met November 6, 1878. It proved to be a session of extraordinary work that this body held. Hon. R. E. Lester was elected President of the Senate, and Hon. A. O. Bacon, Speaker of the House. Araong the Senators were D. A. Russell, E. C. Bower, .lohn T. Clark, Wm. Harrison, J. M. Hudson, J. C. Clements, Jos. B. Curaraing, J. A. Stephens, C. W. Du Bose, T. B. Cabaniss, T. W. Griraes, H, D. McDaniel, J. A. Speer, J. W. Preston, H. R. Casey, S. W. Lumpkin, A. D. Candler, E. P. Howell, A. W. Holcombe, S. Grant- land, C. .1. WeUborn, J. C. Fain, Saral. Hawkins. This Senate was a very strong one, and had in it sorae gentlemen of superior abiUty and decision. Mr. McDaniel is in the present Senate. A sound thinker, a clear speaker, having a well-balanced temper and judgment, direct and honest, winning universal respect by his dignity and sincerity, Mr. McDaniel has been a raost potential meraber of the legislature, always carrying great weight. It has been a striking evidence of the large influence he has exercised, that a considerable impediment in his speech has been no barrier to the exalted appreciation of him entertained by the General 542 THE HOUSE OF REPRESENTATIVES OF 1878. Assembly and the public. Men in listening to his strong, sensible views so clearly expressed, forget entirely the manner of their utterance. Mr. J. W. Preston was a marked Senator in this body. A very ready, extemporaneous speaker, earnest and faithful to his convictions, Mr. Preston was a recognized leader. Perhaps, the most polished debater in the Senate was Major J. B. Cumming. There is a peculiarly musical tone in his delivery, and he has a diction chaste and ornate. Mr. A. D. Candler was a forcible debater, always speaking with an emphasis and directness that insured attention and gave him weight. Mr. Clements is now a member of Congress, and was a modest, solid Senator then, a practical, clear-headed, positive legislator, who enjoyed universal respect. Mr. T. B. Cabaniss held aii excellent position and spoke well. A fine debater was Judge .lohn T. Clarke, a model of logical arguraent. T. W. Grimes was a young Senator, blending singularly a fine courtesy with an uncommon decisiveness of character and independence of con viction. Col. J. C. Fain is now judge of the Cherokee circuit, and had an exceptional power of management. Capt. E. P. Howell was the very essence of a practical, common sense, animated by an exceedingly rich humor, and grappling all questions and measures with force and an . unvarying success. All of these men will irapress theraselves on the future of the State. The House, also, had some notable and promising characters. Among these were A. O. Bacon, T. W. Milner, R. A. Nisbet, H. G. Turner, A. n. Gray, A. P. Adams, W. H. Hulsey, P. L. Mynatt, W. R. Rankin, Allen Fort, N. L: Hutchins, .L E. Redwine, W. J. Northern, R. L. McWhorter, A. L. MiUer, J. H. PolhiU, H. C. Roney, Reese Crawford, L. F. Garrard, L. F. Anderson, Jaraes M. Smith, H. G. Wright, John L HaU, J. C. Maund, Wm. M. Hammond, A. PI. Cox, J. F. Awtry, J. A. R. Hanks and F. H. CoUey. Col. H. G. Turner is now a meraber of Con gress, and was the leader of the House. His utterances commanded a remarkable attention. Having little oratorical grace, speaking without fervor and very plainly, and often too low for hearing, yet raerabers always showed an undisguised eagerness to hear what he had to say, and his position on aiiy raeasure generally decided its fate. His legis lative career was a singular demonstration of personal influence. He was rather under-sized, stoutish, with a large, expansive forehead run ning to baldness, lit up by dark eyes, and he was very quiet, grave and polite in his siraple raanners. W. M. Hararaond ranked very high. His fine face denoted inteUi gence and culture. A Carolinian by birth, and a raeraber of the gifted THE PERSOXELLE OF TIIE GENERAL ASSEMBLY OF 1878. 543 Hammond blood of that State, he has, in Georgia, taken the high posi tion due to his strong and cultured intellect, graceful courtesy and eloquent speaking power. Mr. J. H. PolhiU was a recognized leader, a lawyer of ability, and a person of integrity and convictions. One of the most marked men in the body, and possessing sorae exceptional qualities, was A. L. ililler.. A slender, clear-faced gentleraan, with searching, coal-black eyes, he had as much power on the floor as any member in the House. There was no more successful debater. His talks could hardly be called speeches, but were rather keen thrusts and incisive statements, cutting to the quick the weak points of the opposi tion, and presenting plainly the practical ones of his own side. He was inimitable in defending an assaulted report of the finance coraraittee, of which he generally took the lead. Mr. Miller made a hobby of economy, and rather ran it to extremes. A ready parliamentarian, he shrewdly anticipated defeat by sorae adroit concession that secured hira a raodi- fied victory. Mr. L. F. Garrard was one of the brightest and raost active raerabers, generally uniting his energies with Mr. Miller. He originated several large public financial raeasures, and he had an unwearied zeal and tact in getting them through. Bold, combative and ready, Mr. Garrard took an unusual stand for a new and young legislator. A marked young meraber also was Arthur H. Gray, whose frankness . is a refreshing and uncommon quality in a day of political hypocrisy. H. G. Wright was witty and popular. Perhaps the most original char acter in the House was John C. Maund, a man of pecuUar jest and quaintly practical. His hard sense was flavored with an unctuous and perennial humor. One of the briUiant young merabers was A. H. Cox, a natural orator and legislator. His ringing voice penetrated the House more resonantly than any one, and his clear tones never carried a weak utterance. No man commanded a raore attentive hearing than Mr. Cox. Col. P. L. Mynatt was a raost useful and influential legislator. A very gifted young representative was A. P. Adaras, eloquent, argu mentative, the master of a compact logic. Jaraes M. Smith of Ogle thorpe county, was a progressive, successful farmer of large operations, entirely at home on the legislative floor. W.-H. Hulsey was a gaUant officer in the war, was made Mayor of Atlanta soon after, and was a bright, pleasant, promising young fellow. The action of this legislature wUl ever be a raeraorable chapter of Georgia history. It settled the North Eastern railroad bond calumny upon the Governor. Shocked and indignant at the aspersion. Gov. 544 GOVERNOR Colquitt's ringing message. Colquitt met it with the high spirit that belonged to the man, and he sent into the General Assembly the following matchless message, as eloquent, fitting, and sententious a paper as was ever penned: "Executive Department, ) Atlanta, Ga., November ,6, 1878. j "To The General Assembly; " A grievous necessity has been imposed upon me to demand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's endorsement upon tlie bonds of the North-eastern railroad. This necessity has been created by widely circulated slanders and innuendoes, vile and malignant, and so mendacious and wicked as to raake all corament and paraphrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can sati^fy aggrieved honor, or give such entire assurance to the jieople of Georgia, as they have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication rendered in the most august and authoritative form known to the laws, or to public opinion. To the people of tliis great Comraonwealtli, it is of the last consequence that they should know beyond all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or suspicion. " My denunciations of an awful and stupendous slander, forged and uttered to dishonor me, will not be enough. The Geueral Assembly of this State — a co ordinate power — is appealed to for that justice wliich, while it will, I know full well, exonerate me as a man, will also vindicate the fair farne of Georgia, assailed by cruel slanders on her Chief Executive. ALFRED H. COLQUITT." This ringing document went over the State carrying like an electric spell the inspiration of its resenting innocence and stern defiance. There was never a more stirring or exquisite expression of a wounded 'spirit of honor. A joint committee was appointed in conformity with the request of the Governor, to investigate the matter, consisting of A. H. Cox, W. M. Hammond, R. C. Humber, H. G. Wright, John L HaU, W. J. Northern, Allen Fort and A. H. Gray of the House, and J. W. Preston, J. F; Troutman, H. R. Casey, J. P. Tison and Saral. Hawkins of the Senate. The investigation continued, and the committee reported on the 12th day of December, 1878. During the inquiry there wer'e many inci dents, to keep the public sense excited. A personal difficulty nearly occurred between Maj. ,L W. Murphy and Hon. B. W. HUl, and a suit was started between them about the fee paid by the RoUing mill. It was a painful ordeal for a proud man Uke Gov. Colquitt, to thus have his private integrity and official honor under investigation. But such is the disagreeable accompaniment of public trust. Gov. Colquitt's conduct in this unspeakable trial was perfect. He stood serene. THE NORTH-EA.STERN BOND SLANDER. 545 patient, unirritated, acting with a noble christian dignity that endeared him to the public esteera. The raajority of the coramittee thus re ported: "In the opinion. of this committee, the reports and rumors that connect the name of the Governor with any improper conduct in the matter of the endorsement of the bonds of the North eastern Railroad Company, are vile and malignant slanders." The minority of the coraraittee, Wm. M. Hammond and R. C. Plum ber, thus reported: "We brand as a libel the insinuation that the determination of Governor Colquitt to endorse the bonds was induced by any sinister influence or unworthy motive." The coraraittee was unanimous and emphatic in vindicating the Gov ernor, but divided upon the question of approving the action of Maj. J. W. Murphy in taking a fee in the matter. The majority of the com mittee exonerated Mr. Murphy. The minority declared it an abuse for any government employes to receive rewards in consideration of in fluencing or attempting to influence the official conduct of any officers of the government. The reports being raade on the 12th of Deceraber, 1878, and the legislature adjourning on the 13th, there was not tirae for an examina tion by the body of the voluminous evidence. The action on the re ports was therefore deferred until the summer session. Mr. McDaniel of the Senate, offered this resolution. " Resolved, That this General Assembly cannot adjourn, in justice to a co-ordinate branch of the Government, to themselves, and to the State, without placing upon the record an avowal of our undiminished confidence in the integrity and purity of the Gov ernor of our State." Mr. Curaraing offered the following araendraent, which was added, and the resolution passed both branches: "Resolved, That the postponement by the General Assembly of action on the report of the Investigating Committee, is not to be construed as an expression that its confidence in the character of the Governor, a character exalted by his civil, military and private career, is at all shaken, but such postponement by the General Assembly is simply due to its own appreciation of the proprieties of judicial proceedings, which forbid judgment in any and all cases, before the cases have been heard." The legislature reasserabled July 2d, 1879, and during this session the coramittee united upon the following, which was adopted by the body as the final conclusive action upon this raatter, entirely and forraally relieving Gov. Colquitt. " Your committee, from the want of any evidence sustaining snch charges, and from the mass of evidence disproving such charges, report this conclusion : That his Excel lency deserves, at the hands of the General Assembly, complete vindication on the issues 3,5 540 THE INVESTIGATKI.V of THE COMPTROLLER GENERAL. made by him, and specified above. Your committee have unanimously concluded that his Excellency did not, in any way, sliape or form, participate in the fee received by Mr. .lohn W. Murphy ; that no offer ot any such thing was made by any one to his Excel lency ; tliat said fee did not control liis conduct in said endorsement, and that, wliether the act of endorsement was legal or illegal, the motives of the Governor were pure." While this inquiry so signally exonerated the Governor, it seeraed as if its effect was to stimulate an epidemic of legislative investigation. A series of inquests was inaugurated. Committees were appointed to look into the Comptroller General's office, the Treasury, the Department of Agriculture, the State School Commissioner's office, the penitentiary system, the public printer and the Secretary-of-State's office. It was a general nosing for wrong. The Legislature put itself upon a prowling recognizance for dark deeds in the various departments. In the wild land office of the comptroller's department there had been for a year or two public rautterings of mismanageraent and dissatisfaction. And a committee had spent weeks looking into the trouble. It found much cause of complaint, and a majority of the committee, D. A. Russell, P. D. Davis, L. Strickland and .1. C. Maund, recommended that all sales of wild land under transferred^;?, fas., be declared null and void. Mr. A. D. Candler made a minority report dissenting from this recomraendation. Upon the heels of these reports, Mr. P. D. Davis and L. Strickland startled the Legislature by the declaration, that Mr. H. P. Wright had sought to induce thera by bribery to sign a paper prepared by the Comptroller General, making some modifications in their reports. It would be difficult to convey the excitement created by this dis closure. The wild land committee made a supplemental report, recom mending that articles of impeachment be preferred against Col. W. L. Goldsmith, the comptroller. A committee of thirteen, C. D. PhiUips, R. L. McWhorter, B. M. Davis, G R. Sibley, R. A. Cannon, W. .1. Pike, A. C. Westbrook, W. T. Irvine, .1. A. R. Hanks, A. M. Du Dose and F. H. CoUey, was appointed to investigate the facts, and recommend action. The first eight reported articles of impeachment, and the last four dis sented from the recommendation. Resolutions for impeachment were passed. A coraraittee of C. D. Phillips, R. L. ilcWhorter, B. M. Davis, G. R. Sibley, R. H. Cannon, A. C. Westbrook and W. T. Irvine was ' appointed to notify the Senate. An election for raanagers of the impeachment was held on the 6th day of August, 1879, and the follow ing gentlemen were elected: H. G. Turner, W. ;M. Hammond, C. D. PhiUips, B. M. Davis, .L H. PolhiU, W, J. Pike and A. P. Adams. On the 10th of August, 1879, the managers presented articles of THE IMPEACll.MENT OF J. AV. GOLDSMITH. 547 irapeachraent before the Senate, the Hon. H. G. Turner having been chosen the chief manager. Mr. Goldsmith was cliarged with illegally receiving ^4,582,50 as costs on tax e.xecutions; iUegally issuing eight ta.x executions; extorting illegal costs; illegally refusing to receive tax; illegaUy issuing and transferring 228 wild land executions; illegaUy paying out §8,179.73 of the public money without authority; illegally ordering sheriffs to pay tax money in excess to owners; illegally retain ing $11,193.17 of public money; making false returns of $2,363.61 of public money; illegally retaining $9,720.40 of insurance taxes and fees; fraudulently altering the wild land records; raaking false returns of $0,134.45 of insurance tax; atterapting bribery; and for lucre establishing a disgTaceful precedent. On the 21st day of August, 1879, the Senate organized as a High Court of Impeachment, with Hiram Warner, Chief Justice of tho Suprerae Bench, as the presiding officer of the court. The Senate cham ber and galleries were packed with people to witness these novel proceed ings. Several Senators asked to be excused from voting, Mr. JIc- Daniel on account of relationship; D. A. Russell and A. D. Candler because they had been on the coraraittee of investigation; Mr. Speer on account of ill health; and J. P. Turner because he had transferred some of the wild lands f.. fas. But the Senate did not excuse them. Mr. Goldsmith was allowed until September 1st, 1879, to prepare his answer, which denied the jurisdiction of the Senate, alleged that the matters charged did not constitute an offence, and declared his innocence. The counsel of Mr. Goldsmith were Judge J. L. Hopkins, Col. Milton A. Candler, Capt. Harry Jackson, and W. S. Thompson. It was generally regarded that the defense made a mistake in filing jileas to the jurisdiction, and to the sufficiency of the articles. All tech nical resistance should have been foregone and the issue met squarely upon its raerits. The arguraent on these dilatory pleas was made by Col. Candler and .ludge Hopkins, for Mr. Goldsmith, and W. M. Ham mond and A. P. Adams, for the prosecution, and was very able and exhaustive. The pleas were unanimously over-ruled. The defense made another mistake in objecting to testiraony covering conduct during Mr. Goldsmith's first term, on the ground that the articles of irapeach raent failed to designate hira as a former comptroller. This objection was over-ruled, and had an injurious effect in showing a disposition to cut off the examination of charges on their merits. Nearly a week was consumed in this profitless sort of skirraishing. The vote had to be taken by ballot separately on each article, and consuraed a-deal of time. 548 THE END OF THE IMPEACHMENT. It was a right curious matter, that the able Chief Ju,stice, so long accustomed to preside over a judicial tribunal, did not successfully gov ern the deliberations of the Senate as a court of impeachment. He was little acquainted with parliamentary law, and his decisions were con stantly over-ruled by the Senate. The taking of the testimony began on the/ 8th of September, 1879, and continued untU the 13th, when in the beginning of the defense, the counsel of Mr. Goldsraith asked an adjournment of the court. Mr. Goldsmith tendered his resignation to the Governor, who declined to receive it, pending the impeachment trial. On the 15th of September the counsel of Mr. Goldsmith an nounced that they would introduce no more testimony, and had nothing more to say. The defense thus breaking down, Mr. Turner made a brief speech, and the trial ended by taking the vote on the 17th of Sep tember, 1879. Mr. Goldsmith was found guilty of illegaUy receiving $4,582.50 as costs on tax executions; illegally extorting costs; illegally refusing to receive tax; illegally issuing and transferring 228 wild land executions; illegally retaining $9,720.46 of insurance fees and tax; making false returns of $6,134.45 of insurance tax; and establishing a disgraceful precedent. It was a curious feature of this conviction that though the accused had abandoned defense, and thus stood unresisting a condemnation on every charge, the Senate critically tested every count in the impeachment, and acquitted Mr. Goldsmith upon a number of thera. Mr. Lumpkin offered an order that the punishment should be removal from, and life disqualification to hold office. Mr. Howell moved to strike out the disqualification feature of the penalty. This motion received fourteen yeas and twenty-five nays. Mr. Lumpkin's order then passed by thirty-seven yeas to two nays. Senators Head and Pres ton voting against. The sentence was declared on the 19th of September, 1879, and its enforcement was a touching spectacle. Judge Hopkins made an im pressive stateraent for Mr. Goldsmith. The Senate chamber was filled, and there was a deep feeling pervading the large assemblage, as this solemn and irreversible fiat of out-lawry was officially announced against this citizen. The incident lost none of its significance, from the fact that in the whole population of a raiUion and a half of this large"- cora raonwealth he was the single individual that was thus deprived of the political privileges of a freeraan. It was a tragic isolation for any man to occupy, and it carried with it a sympathy that strangely tinged the stern justice of the act. Of the other investigations several were lengthy and elicited deep THE ACQUITTAL OF THE TREASURER. 549 feeling and warm discussion. The Treasurer, Col. J. W. Renfroe, had conducted the affairs of his office with unsurpassable ability. The raajority of the coraraittee reported articles of impeachment against him for taking interest on the public deposits. Hon. J. E. Redwine raade a rainority report against impeachment, quoting the resolution of the General Asserably, of December 8, 1871, relieving Treasurer N. L. Angier frora liability for interest on the State deposits, and 'dismissing suits against hira for $7,000 of such interest. He urged that if Mr. Renfroe had accepted raoneys that should have gone into the State Treasury he could be raade to pay thera over; but to prosecute so faithful an officer by costly irapeachraent would be unjust to hira and contrary to sound policy. Col. Renfroe offered to the House his resig nation and the raoney taken as interest. The House declined to receive this reparation. Messrs. A. H. Cox, T. W. MUner, AUen Fort, Reese Crawford, R. A. Nisbet, N. L. Hutchins, and W. A. Turner were elected Impeachment Managers. Col. Renfroe had, as counsel. Gen. Henry R. Jackson of Savannah, and Capt. Harry Jackson of Atlanta, father and son. The prosecution was ably con ducted. The defense was a consummate piece of legal management. Renfroe's counsel offered to admit all the facts, and required none of thera to be proven. Every effort was made to expedite the trial, and get a hearing on the merits. Much raillery was indulged in at the time, that the young and talented raanagers were unraercifuUy deprived of the opportunity to make some great speeches, prepared in anticipation of dilatory pleas' and demurrers, which were not filed. The facts being proraptly admitted, the argument carae on swiftly, and was very able. Allen Fort and A. H. Cox spoke for the managers, and did it well. The speech of Mr. Cox was a reraarkable one. Harsh in voice, awkward in gesture, full of griraaces and shrieking, the speech was a master-effort, powerful, striking and eloquent. Its argument, sarcasra and eloquence were extraordinary. It was sustained from beginning to end. It cov ered the whole ground. It held the imraense audience electrically. It showed deep study, exhaustive thought and vividness of expression. Capt. Harry Jackson made a clear, concise, strong legal argument. Gen. Henry R. Jackson is a fervid orator, fluent, imaginative and im passioned, and he made a powerful and thrilling speech. The Senators consumed four days in discussion. Senators Curamings, Cabaniss, Harrison, Preston, Bryan, and others, advocated acquittal. Senators McDaniel, Clarke, Bower and Lester, spoke for conviction. Upon the vote being taken. Treasurer Renfroe was acquitted. A resolution was 550 THE BATTLE OVER JOHN W. NELMS. passed instructing the Governor to issue execution against hira and his sureties for the interest. This was done, but the courts decided in favor of Renfroe, and he thus stood exonerated. His conduct through the whole painful ordeal was manly, open, frank and courageous. The committees investigating Prof. Orr, the School Commissioner, and Col. Barnett, the Secretary of State, found nothing to condemn and everything to approve in their dejaartments. It was jocularly declared that Col. Barnett had used several cents' worth of wax in putting the great seal of State to public docuraents, and Prof. Orr had paid his own expenses in traveling around in the interest of the public schools. Dr. Janes, the Commissioner of Agriculture, had raade some errors of judgraent in establishing his valuable department, that, in any other time than an epoch of diseased suspicion, would have passed unnoticed. Dr. Janes resigned his position on the ground that the opposition to the Bureau was personal opposition to him, and he was unwilling that the Departraent should suffer on his account. One of the most interesting battles was over the adrainistration of Capt. John W. Nelms, th,e principal keeper of the penitentiary. This gentleman, in many respects, is a very uncomraon character. Having only raoderate education, he is one of the raost untiring and effective political raanagers in the State. A devoted friend and an unsparing opponent, an open-handed, free-hearted, out-spoken, fearless character, affectionate in his attachments, wielding a remarkable influence, shrewd and enterprising, he has shown himself a valuable political ally in any contest. He moved to Campbell county when a set of fighting raen held a pretty strong political rule. He not only held his own, but adrainistered some severe punishment in several tough encounters forced upon him, and obtained a firm grip on the men of that county. His administration of the penitentiary was careful, conscientious and capable. He had kept up a custora inaugurated by his predecessor. Col. John T. Brown, of removing convicts for the lessees at so much a head. This was an open arrangeraent between him and the lessees, in no way affecting the State. This was the point of attack against him. The coraraittee was divided. Four raembers. Chambers, ^^^alters, Gar rard and Tarver, condemned the Principal Keeper, but suggested no action. Four merabers, Ivy, Tatura, Butt and Patterson, entirely justi fied Capt. Nelras. Mr. Anderson raade a third report, not altogether exonerating the Principal Keeper, but leaving the raatter to the Goverrlor. The Legislature referred the subject to the Governor, who did not GOVERNOR COHiUlTT's ENEMIES MAK.E A B.VD BLUNDER. 551 remove a faithful officer. Growing out of the raethod of the investiga tion with closed doors, a sharp controversy ensued between ex-Gov. Joseph E. Brown and Hon. L. F. Garrard, in which the prosecution of the Colurabus prisoners, charged with the kUling of Ashburn, was re-opened, discussed, and placed in a new light, as has been stated before in this volurae. An atterapt was made to throw the responsibUity of Nelms' conduct on Gov. Colquitt. Col. C. D. Phillips, of Cobb, boldly charged that the Governor was as guilty as Nelras, and if Nelras went the Governor should go. The utterance fired the House like an electric shock. R. C. Huraber endorsed PhiUips. Du Bose, of Hancock, replied that the Governor was not under investigation. Turner, of Brooks, followed on the sarae line. Huraber offered a resolution censuring Gov. Colquitt for Nelras' conduct. This was like putting a torch to a powder raaga zine. In all of the investigations of the State House officers, there had been a large, decided under-current of hostility to the Executive, and it was hoped, through them, to reach him. The issue was clearly made by number's resolution. It would be difficult to convey the excite ment created. The House adjourned, and a lively night of agitation followed. For once and at last Gov. Colquitt's friends became aroused. The idea of attacking the E.xecutive in a matter that did not concern him, and without even a hearing, evoked a whirlwind of disapproval.- The Governor was cool and placid. He seeraed glad that the issue had come, and welcomed the chance to raeet squarely the secret and unrea soning warfare that was ever threatening him. The fight had to corae, and could not present itself in better shape. The excitement kept up during the night. Men rallied to the Gov ernor, who had never been allied with him. It was recognized that the tirae had corae to rebuke the personal crusade against the Executive. The reaction was overwhelraing. The issue was whipped by the raere force of public opinion. In the raorning the vote stood 119 against, and 16 for the Huraber resolution, and of the sixteen, three voted under a misapprehension, and recalled their vote. Persistent effort was raade to throw upon Gov. Colquitt the respon sibility of all the raatters evolved frora these investigations. But it was in vain. Wholly unconnected with any transgression of any sort, or any lapse of any official; assailed rancorously in every conceivable way, and yet standing pure and unstainable in a very pestilence of accusation; the object of an enraity, ruthless and iraplacable, but so panoplied in integrity that the raost unsparing dissection of motive or 552 AN EPIDEMIC OP SUSPICION. conduct could find nothing in him to visit with a shadow of disap proval. Gov. Colquitt went through such an ordeal as falls to few public servants, and he emerged frora it with an unfading crown of honor. There has never been such a fierce fever of suspicion and groping, wide-spread inquisition. It was a sort of raorbid plethora of public virtue, a riot of harsh inquiry, that in its furious sweep suspected all men, no matter how pure and exalted, and doubted all transactions, even though faultless. It was a curious phase of public sentiraent, and strangely blended honesty and raalice, a proper public spirit and very censurable raotives of private, personal dislike and interest. There was much good done, and rauch injustice threatened. There was a fair raeasure of evil corrected, a good deal of injustice done and sorae wrong- barely escaped. The raatter forms an interesting and exceptional chap ter of Georgia history, that has a rich instruction and a vivid interest. CHAPTER XLVIII. THE POWERFUL HISTORIC. GEORGIA TRIUMVIRATE COLQUITT, GORDON AND BROWN. The Railroad Commission. — Ex-Gov. James M. Smith. — Maj. CampbeU WaUace. — Col. Samuel Barnett. — Gov. Colquitt Vilified into the Gubernatorial Race. — A Flaming Contest.— The Most Violent Political Struggle of State Annals. — Slander and Calumny. — The Candidates. — Rufus E. Lester. — L, J, Gartrell. — Hiram Warner, — Thomas Hardeman. — An Event that Turned the State Wild. — The Resignation of United States Senator John B, Gordon. — Appointment of ex-Gov, J, E. Brown, — Bargain and Sale Charged. — Gordon's Fine Senatorial Career. — Great and Bril liant Services. — Thorough Vindication. — Gen. Gordon's Eloquent Speech. — The Value of the Tender to ex-Gov. Brown. — The Alliance of Colquitt, Gordon and Brown, a Union of Ponderous Agencies. — Gov. Colquitt as a Political Fighter. — Gordon's Power. — Senator Brown's Valuable Three Weeks' Service in the United States Senate. — His Success. — Personal Disappointments at not Getting this Ap pointment. — A Brewing Storm. One of the most iraportant things done by the Constitutional Con vention of 1877 was the passage of Gen. Toombs' pet idea that it was the duty of the General Assembly to regulate freight and passenger tariffs, and prevent discriminations. It was a vast raeasure for the State to take the regulation of fifty railUons of private property, upon which rests the whole coraraercial fabric of the coraraonwealth, and is its largest single eleraent of power. The discussion in the Convention over it was protracted and befitting its iraportance.. In the General Asserably the bill to carry out this provision of the Constitution was introduced by Hon. W. R. Rankin of Gordon county, a gentleman who had been for several years one of the best journalists of the State. He is a meraber of the present legislature and chairraan of the railroad coramittee. He is a person of ability, and a clear, forcible speaker. Hon. Allen Fort also introduced a bill forbidding railroads raaking unjust discrirainations. Substitutes, araendraents and long discussions marked every step of the raeasure through House and Senate, deraon- strating the great interest it excited. But it finally passed, and was approved October 14, 1859. Under this act Gov. Colquitt, with the advice of the Senate, appointed three Coraraissioners: ex-Gov. Jaraes M. Smith, lawyer, for six years; Maj. Campbell Wallace, railroader, four years; Samuel Barnett, two 554 THE RAILROAD COMMISSION. years. The Commissioner's salary is $2,500, and he raust not own railroad stocks or bonds, or be in the employ of any railroad corapany. Gov. Sraith's appointraent created rauch commentary. He had supported Gov. Colquitt for Governor. When he was defeated for United States Sena tor, he had made a breach of friendship with Gov. Colquitt, and had become very hostile against him. When the North-Eastern bond slander was started against Gov. Colquitt, ex-Gov. Smith proraptly conderaned it, and amicable relations were restored. Gov. Colquitt, under that high sense of official duty that elevated hira above personal considerations in his public acts, appointed Gov. Smith on account of his estiraated fit ness for the place. And it was said .that Gov. Smith, who had suffered denunciation from raen whom he had favored, declared that he would lay down the commission of Gov. Colquitt whenever he antagonized him. Maj. Campbell Wallace has been a raarked character in Georgia for many years. He was one of that large body of influential and enter prising citizens that came to Georgia from East Tennessee, and that have become leaders among the business princes of middle Georgia and especially Atlanta. Araong these desirable Tennessee immigrants, raen of brain, energy and leadership, may be mentioned Judge John L. Hop kins, the Inmans, P. L. Mynatt, the Lowrys, Wm. T. Newraan, the Parrotts, the. Fains, J. J. Williams, Reuben Arnold, S. R. McCamy, .lohn G. Dunn, Wm. H. Tibbs, and the raembers of that strono- firm of Moore and Marsh. W. M. Lowry was United States Marshal for East Tennessee under Pierce and Buchanan. Mr. Triplett, of the ThoraasviUe press, was one of these valuable East Tennesseeans. Major Wallace had been President of the East Tennessee and Georgia railroad. He had perforraed wonders of service during the war in movino- Con federate troops and supplies. After the war he was raade superintendent of the Western and Atlantic .railroad in 1866, by Gov. Jenkins, and did a rare work in restoring that ruined railway. He raanaged the road during Ruger's and Meade's regimes, and resigned when Bullock was elected Governor. He is now President of the Merchants' Bank, and was tendered, unsolicited, a place as RaUroad Commissioner. To an unusually strong common sense. Major Wallace adds a fine humor, a perennial amiability, tireless energy, an unbending positiveness and high Executive capacity. Col. Samuel Barnett is a gentleraan of a hearty turn for statistics and scientific investigation, and an unwearied power of clear-cut, vivid writing, who has tackled the stupendous and inexhaustible subject of railroad facts and figures with' the keen relish of an ^^^u^ ^^V'^^.i^ ^: