Memoirs of Judge Richard H. Clark / edited by Lollie Belle Wylie

JUDGE RICHARD H. CLARK.

MEMOIRS
OF
JUDGE RICHARD H. CLARK
EDITED BY
LOLLIE BELLE WYLIE
ATLANTA, GA. Franklin Printing and Publishing Company
Geo. W. Harrison, Manager

TO
MR. Z. D. HARRISON,
THE LOYAL AND LIFELONG FRIEND OF THE DISTINGUISHED AND THOUGHTFUL WRITER, JUDGE RICHARD H. CLARK, THIS COMPILATION OF THE WORKS OF HIS PEN AND THE TRIBUTE PAID HIM BY HIS FRIENDS, IS RESPECTFULLY DEDICATED BY
THE EDITOR.

preface.
So many encomiums have teen passed upon the life and character of the lamented Judge Richard H. Clark, that, did I not desire to emphasize all that has been said, I should let this volume go forth to his friends and the world with out an additional word.
That he was a tenderhearted and sympathetic man, no one will dispute who enjoyed the honor of his acquaintance or who read the beautiful emanations from his graceful pen; but I think that nothing demonstrates these characteristics more clearly than a few lines, scribbled in childish letters, in a journal kept by Alice, his youngest child. Like most developing lives, the child wrote innocently and regardless of outside opinion in her diary, and looking over the pri vate papers kept sacred by Judge Clark during his lifetime, I found this leaf:
"Poor Guiteau! He was hung yesterday. The papers are full of the details of the hanging. Father got hold of the papers before breakfast, and he could not eat. He could not eat his dinner. He says he is always glad when any one kills himself to escape t)he gallows."
The sorrows of the dear old man had made him sensitive to shame and suffering, and his kindly heart was always ready to respond to the moan of misery. If he ever erred in his decisions on the bench, it was on the side of mercy. If he ever saw an opportunity to pour the healing balm, the wound was straightway annointed.
Judge Olarks domestic life was peculiarly sad. He

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PREFACE.

worked alone, the half of his life, bereft of that compan ionship which he most needed and yearned for. In his daughter Hallie he enjoyed an intellectual comradeship which was only lessened by her physical disability. With tenderest pride he wrote of her: "Many of her words and writings will do to stand side by side with those of George Eliot. Her sentences are brilliant and beautiful. My daughter has been an invalid since her fifteenth year. This, superadded to a reserved and modest disposition, has kept her from being widely known and appreciated. In a letter she says: I am- sure I do not know where we could find happiness! Contentment is about all we can expect, and that depends mainly on ourselves. If the dew of happiness falls more generously upon one place than upon another, I have never felt its refreshing sweetness. The mist of con tentment is all that ever moistened the desert. And it is true."
This daughter, gifted with great delicacy of thought and expression, writes to her father of the death of Mrs. Clark, her stepmother, and says:
"I hope you -are by degrees becoming inured to the silence made by death. Death is awful and powerful. It is like entertaining a solemn guest whose watchword is God! He lays his hand upon us as well as upon the dead, and we are a part of t!he fearful hush!"
As a father, he was the tender protector of his loved ones, shielding them from all the hardships, privations and annoyances of life with the folds of his great love.
His desire was "To speak the very truth, to perform a promise to the uttermost, to reverence all women, to help the weak, to treat high and low with courtesy, to be con stant to one love, to be fair to his bitterest foe. to despise

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VII

luxury, and (to preserve simplicity, modesty and gentle ness in heart and bearing," and I know that in a large measure his pure life was governed by these axioms. He was all that noble knighthood required, and in the placid cur rents of his life were depths unfathomable of tenderness and sweetness, which shows how exquisitely fine was his appreciation of good deeds and exalted aims.
(Speaking of the death of Dr. Taliaferro, which touched him greatly, with characteristic sympathy for suffering humanity, he said: "When it came to me, I thought how many blanched faces there would be that day! This death was like the stilling of many rivers. The healing hand had been withdrawn. Power and skill slept and the world was silent, and none could appreciate this so much as those who clung to the life that held life. An army of pallid suffer ers, strengthened for the conflict by the steady glance and positive tone that assured success. The hopes that cen tered -abotit the handsome, manly form and graceful bear ing have forever perished. A chord of loneliness was touched in the suffering mind, and tears as summer rain marked the untimely fate."
Judge Clark was a devoted husband. In his private journal he wrote a touchingly detailed account of his wifes death, concluding with these words: "When the deatih. struggle came, it was most agonizing to see her place her delicate hands in front, as though in prayer, and to see her try to adjust, from time to time, the covering and cloiihing. And then when she died when her little wasted body was fully prepared for the grave she looked as we imagine an angel looks. There was nothing of earth in her appearance, but all of heaven. Any one who had never seen her, and not knowing who she was, would have said: There lies what is left of a refined and innate lady. A little, delicate

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PEEFACE.

frame, whicih {had held a soul as brave as the bravest, and a generosity equal to her courage."
This glimpse into the heart and home-life of the public man will reveal more plainly than I can describe the ma terial of which he was made.
He was ever helpful to the aspiring and hopeful young, and his words of counsel were ever ready to command in bdhalf of distressed age.
On St. Valentines Day he died. As the evening fell he said: "Let in the light." His request was complied with, and through the blinds the golden glory of the setting sun flooded the room and fell like a halo around that noble brow. Then God opened the windows of his soul, and the spirit of the grand old man, that had been so long and so sorely tried, stood in the full effulgence of a light and life everlasting that fadeth not away.
LOLLIE BELLE WYLIE.

EDITOES NOTE.
f In compiling the manuscripts of Judge Clark, I found but few dated. This necessarily changes the color of some of the letters. In many instances the actors pictured have died, and some have mar ried and removed to other scenes. Owing to this much interesting in formation has been left unrecorded. Any reliable and authentic information that can be furnished for future use will be gratefully appreciated, and used in elaborating the second edition.

Contents.
MEMORIAL BY THE ATLANTA BAB. ................. .. ........ 1 IN ROSE HILL CEMETERY ............ ......................... 19 IN ROSE HILL CEMETERY ..................... ................ 37 FLORIDA THIRTY YEARS AGO .................. ............ .. 60 FLORIDA THIRTY YEARS AGO .................................. 68 FIFTY YEARS AGO IN SAVANNAH ......... ..................... 75 THE SCHOOLS FIFTY YEARS AGO .......... ................ ... 82 SOME OF THE SCHOOLBOYS ........... ...................... .., 89 THE LAW FIFTY YEARS AGO ................................... 98 THE LAWYERS FIFTY YEARS AGO ................. ............ 105 THE OLD CEMETERY- ........................................... 113 THE STAGE FOETY YEARS AGO ................................. 128 A VOYAGE IN 1834 ..................... ..... ................ 139 CULTURE OF COTTON .. ........................................ 152 WIT AT GEORGIAS BAR ....................................... 159 PATHS CHILDHOOD ........................................... 168 OLD ACTORS ....................... ....... .................. 174 THE LATE WARD MCALLISTEE ..... ......... .... ............ 181 A HORSE SWAP. ................ ....... ................... . 187 THE LANIER HOUSE ..................................... ..... 205 GEORGIA AND ALABAMA ...................................... 217 WYLLY BARRON .............................................. 224 PREACHERS FIFTY YEARS AGO ................................. 228 " GEORGIA SCENES " AND " TRUMPET MAJOR " ................. 235 A FACT OF SHERMANS RAID ....... ..... ...... .............. 243 ANTE BELLUM LAWYERS ....................................... 249 GEORGIAS MYSTERIOUS GOVERNOR ............................. 254 THE COLDEST DAY ............................................ 259 A KING OF DRINKERS .................. ...................... 262 JUDGE JOHN A. CUTHBERT. ...................... ............. 265 CHARLES F. JENKINS ....................... .... ... ......... 272 HERSCHEL V. JOHNSON ..... .................................. 280 GEN. THOMAS PINCKNEY SMITH ................................ 298 ROBERT RAYMOND REID ..................... ................. 301 TRACYS WAR RECORD ...... ................................. 309 THE DOUBLE MURDER. .................................. ..... 319 HON. JOSEPH E. BROWN-....... ................................. 325

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CONTESTS.

HOMER VIRGIL MOREL .................................... -. 331

THE Two COLQUITTS .......................................... 339

" ROSIN THE BEAU ".............................. .... ...... 349

MAJ.-GEN. NATHANIEL GREENE ................................ 357

AFFAIRS AT THE CAPITAL ...................................... 372

CAREER ..... ................................. 379

LAW REFORMS .......... ................................. 388

THE GEOBSIA CODE ..... ..... ........................... 393

A TRIBUTE OF LOVE ...... ................................. 898

AN INTERESTING LETTER

................................. 402

flDemortai
BY THE: ATLANTA BAR.
Judge Clark, our lamented brother, had the amplitude of a broad humanity, but with it a very distinctive and individual personality. He was a compound of marked traits and delicate shades of character, some of the former deriving their existence, apparently, from the latter, and being the result of their harmonious grouping and blend ing. Eor instance, his simplicity was a permanent and prominent characteristic, yet it was a composite simplicity and not a single elementary quality.
Nature multiplied the large wheels in his machinery by adding small ones and combining them in a peculiar man ner. "With all his nice complexity he was well-balanced. His gentleness was a dominant trait, and yet it was in such equipoise with his firmness that it often took no part in the performance except in his demeanor and tone of feeling. At the core of his mental constitution there was a hard and solid individuality, but it was so cushioned with a sympathy and kindness that it seldom jarred, though always making itself sufficiently manifest to suggest the independent thinker and actor. His matured opinions were deeply rooted and he adhered to them, not with animal stubborn ness, but with a spiritual loyalty which no opposition and no force of attack could weaken. It is doubtful whether, in a single instance, he ever accepted a reversal of one of his judgments by the Supreme Court with anything ap proaching full mental acquiescence. When reversed he
l

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MEMORIAL.

remained of the same opinion still was not convinced against his will nor convinced at all. It sometimes re quired all his amiability and gentleness of disposition to keep him from treating out into open insubordination and treating the reviewing court with official discourtesy. His political opinions were equally fixed, and immovable, and his allegiance to his party was constant. Yet in noth ing was he loud or violent. The born, gentleman, refined and expanded by cultivation, ruled over his whole life and conduct. Sfor is it unlikely that he was strongly in fluenced by religious feelings and motives. ]STo man was less pretentious in the externals of religion or more care ful to eschew religious parade or display, but if the es sentials of religion can be analyzed in the non-reverential, the devotional, the benevolent, the practically moral, and
the spiritually beautiful, he was certainly not wanting in any of these; so far as it is possible for men to judge other men, we should say he has seldom been surpassed. Doubt less multitudes have been more habitually conscious of re ligion than he was, but whether many have been more swayed by its real spirit is open to question. He was a quiet and silent member of the Methodist Church, but his field of labor, as he viewed it and occupied it, was in the world and in the affairs of secular life. That he per formed his part heroically and nobly none will deny who knew his career and the circumstances under which it was prosecuted, patiently and persistently, to the end. He bravely withstood the combined discouragements of ill health, poverty, and other misfortunes of a distressing na ture. Few men, in the church or out of it, could have accomplished so much under like conditions.
He was one whom men as well as women could warmly love, for in him the masculine virtues, without being en feebled, were softened and exalted by feminine delicacy. He was gifted with that mixture of strength and sweetness

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which appeals always and everywhere to the heart of hu manity itself.
All who knew him realized that he was not an ordinary man. Something about him impressed those who met him with the fact that they were in the presence of a man far above the average, not only intellectually, but in character, manners, and general appearance. A more courtly gentle man never walked the streets, and a kinder heart never beat in la human breast. He had peculiarities, but they did not grate upon you; they only impressed you the more with his rare ability and his unfailing kindness. He was by na ture fearless, morally and physically, and cowardice of any kind found no place in his makeuup. A thought of dis honesty never entered his mind, and we do not believe he ever had a mean motive during his life.
We are prepared for the character of the man when we learn of his ancestry. Every stream that flowed into his veins furnished good and pure blood to make a true man. His father was Josiah Hayden Clark, a native of Dorches ter, Massachusetts, who descended from Kichard Clark, an English emigrant to Massachusetts in 1760. The Clarks were gentle people in England and improved on American soil.
Judge Clarks great-great-grandfather established the first paper mills in the colonies, in Dorchester, Massachu setts, known as Clarks Mills, and its successor, we are in formed, exists there by that name to this day. His son George, the grandfather of Judge Clark, married Lydia Summer, a member of that noted family in Massachu setts, and this marriage made Judge Clark a third cousin of the late Senator Charles Sumner.
Judge Clark inherited from his father much of that poetic temperament which he exhibited throughout his life. His father composed the odes sung in Savannah at the lay ing of the corner-stone of the Green and Pulaski monument

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MEMORIAL.

in 1825, and also In the same year the ode sung in com memoration of the death of Jefferson and Adams.
His maternal great-grandfather was Henry Gindrat, wdio was a Frenchman, coming to the United States when he was a child, and settling in South Carolina long before the revolution. Judge darks courtly manner and extreme punctiliousness are partly traceable to his French ancestors.
Judge Clark was born in Spring-field, Efnngham county, near Savannah, on March 24, 1824, which made him nearly seventy-two years of age at the time of his death.
When ten years old he was so daring that his mother feared he would be drowned in the Savannah river, where he would venture on every opportunity, and for this reason she sent him to a school at Lynn, Massachusetts, but he was so homesick that she was advised to recall him, and he was educated in the Springfield Academy, where many of Georgias prominent sons received their instruction.
Upon graduating at the academy he entered the law office of Ward & McAllister in Savannah, and was there prepared for admission to the bar. He was ambitious, and after his admission was anxious to become self-sustaining at once, and as this was impossible in an old city like Sa vannah where business had moved for generations in wellestablished channels, he determined to try his efforts in the flourishing town of Albany in this State, and mounting a horse he made the journey from Savannah on horseback.
He lived in Albany twenty-four years, and he always felt a peculiar affection for the citizens of that little city and of Baker and Dougherty counties. He knew that they loved him, and in all his races before the legislature that section of Georgia always came solidly to his support.
He was married twice. The first time to Miss Harriet G. Charlton, on August 7, 1855. She belonged to the Charlton family of this State, being the daughter of Major

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Jokn Charlton of Springfield. * Two children, were born to him. by his first wife, Henrietta Louise and Harriet Charlton. The former died in 1886, and the latter, who has been an invalid for years, still lives in Macon.
His second marriage was to Miss Anna Maria Lott. She was a native of Florida, but was living in Lee county when he wooed and won her. Six children were the fruits of this marriage Richard Henry, Charles Clifford, George Townes, Anna Beveridge, Jessie Bertram, and Alice Gindrat. All of these children are dead, except the last, who survives him.
Soon after the war Judge Clark removed to Atlanta, which remained .his home until his death. He died in his lodgings at the Markham House in Atlanta on the 14th day of February, 1896, and was buried in Rose Hill Cem etery at Macon on the day succeeding his death.
When not quite twenty years of age Judge Clark, on the 5th day of February, 184-4, was admitted to plead and practice law. This took place in Chatham superior court, the Hon. Charles S. Henry being the judge presiding. Three other applicants were admitted at the same time. The examination was in open court and lasted from 9 oclock a.m. to 2 oclock p.m., the committee conducting it being composed of Matthew Hall McAllister, Robert M. Charlton, William P. White, and Francis S. Bartow. Lo cating in Albany, he engaged in practice there, and so con tinued until he went upon the bench as judge of the South western Circuit, in the last month of 1862. During the same year of this time he was in partnership with Richard F. Lyon, afterwards one of the judges of the Supreme Court. Of this partnership Judge Clark was the junior member, and it was in existence in July, 1848, when he was admitted to practice in the Supreme Court. After resigning in 1866 as judge of the Southwestern Circuit, he

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MEMORIAL.

removed to Atlanta, and in so far as the state of his health permitted, prosecuted his profession in that city until his appointment to the bench of the city court, in 1876, his health in the meantime undergoing slow but steady im provement. Upon retiring from the city bench at the close of the year 1883, he resumed general practice, but being again elevated to the bench as judge of the Stone Mountain Circuit two years afterwards, his career as a practitioner terminated and the residue of his life was devoted to judicial labor. During a part of the time he practiced in Atlanta he had a limited partnership or busi ness association with ex-Chief Justice Lockrane. He was often employed to argue cases in the Supreme Court at the instance of and to assist other lawyers. Indeed, these brought to him much of his professional business, for in his later life at the bar they more fully understood and appreciated his merits as a lawyer than did the public at large.
His mind was of a literary-legal order. To him the law was not dry bread, but a juicy and savory viand, and in dealing with it he often made it so to others. In his prime his powers of advocacy were considerable, and he was no less effective with juries than with judges. He was indus trious and painstaking in preparing his cases for trial, and was so conversant with the tricks and traps of litigant hu man nature, that he was rarely off his guard against wiles and wickedness. His suspicion, hoAvever, was only that which is born of outward observation, for he was too pure and undefiled for it to have originated otherwise. By capacity, learning, and diligence he was entitled to even a higher rank at the bar than that to which he attained, and the one obstacle to his onward career was the want of ro bust health. It was this which made a fixed income, though within the limits of a low judicial salary, so at-

MEMORIAL.

1

tractive to Mm that lie preferred to serve-on tie bench, rather than struggle at the bar. Before any failure in his health his professional ability and reputation led to his appointment by Governor Brown as one of the three com missioners to prepare the Code of Georgia. This was the crowning work of his life, and will perpetuate his name and fame in our professional history. The labor of con structing out of slender and scattered materials found in a multitude of previous statutes a connected, consistent, and complete scheme of "political and public organization of the State" fell to him as his special task, and Part First of the Code, substantially as we now have it under .that desig nation, was the result. In working up his materials, Judge Clark had either to stop when he had assembled to gether and put in order a great mass of mere fragments, or else supply from his own mind a large quantity of new matter for filling up chasms and connecting all these frag ments together. Wisely, no doubt, he chose the latter course, although it involved a more extended and compre hensive performance than that indicated by the letter of the act under which the commission to prepare the Code was organized. In this choice his colleagues, Messrs. Irwin <and Oobh, agreed with him, their concurrence being evidenced not only by not overruling him when it came to the work of revision, but by a similar practice by them selves, one or both, in executing their own special share of the general undertaking. The new matter originated by Judge Clark was very considerable in quantity, and the quality of it was such that after a trial of more than thirty years much the greatest part of it still stands, and is in daily and hourly use as effective law. "We thus have evi dence not only of his fertility in legal production but of his skill in adapting the product to the wants and work of practical life. He was specially and pre-eminently a po-

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MEMORIAL.

litico-jurist, and to his ability as such, the Code of Georgia is a magnificent and enduring monument.
The judicial career of Judge Clark began with his ap pointment to the judgeship of the superior courts of the Southwestern Circuit in December, 1862. He filled that position with eminent ability until October, 1866, when he resigned on account of ill health. He resided in Albany during this time. He became so well and favorably known throughout the counties composing his circuit, and through that entire portion of the State, during his incumbency of this office, that in 1885, when he became a candidate for the judgeship of the superior courts of the Stone Moun tain Circuit, before the General Assembly, the representa tives of that section rallied to him as one man, and made him so strong before that body that he easily defeated his opponent and was chosen judge of that circuit at every suc ceeding election until the time of his death, without serious opposition. He was judge of the Southwestern Circuit for nearly four years, and of the Stone Mountain Circuit for a little over ten years. Besides this he was judge of the city court of Atlanta for a period of eight years, beginning January 20, 18V6; a total period of twenty-two years. During this long judicial career he was distinguished for uprightness and ability the two cardinal requisites of a judicial officer. He possessed one of the most acute legal minds that Georgia ever produced. He penetrated deeply into the cases brought before him, and soon perceived the weak or strong points. His mind was active and inquir ing, and until he had mastered the case he was keenly on the alert, and plied counsel with many questions. But it did not take long to probe a case to the bottom. If he had a fault it was in coming to a conclusion too soon; but such was the intensity of his attention and the quickness of his perception, that this fault was hard to shun. A cause be-

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fore Mm interested Mm from its very inception, and Ms diligence in quest of the truth and justice concerning it never flagged until it was finally disposed of. He had no patience with the idea that a judge was a mere legal au tomaton, but Ms conception was that he should take ac tive control of a case, bring it down to the real issues in volved, and force them, and them alone, upon the attention of counsel and of the jury. His mind would become so occupied in this way, that he would sometimes lose sight of the restraints thrown around the judge by our peculiar system of jurisprudence and appear to invade the province of the jury by expressing his opinion of the case before him. Host of the reversals of his judgments by the Supreme Court were based upon exceptions taken to such alleged ex pressions of opinion before the jury, but it will be found on examination of the cases tried by Mm, as reported in the Supreme Court Reports, that they were in furtherance of what he conceived to be the right and justice of the cause. He thought that a trial judge should be permitted to brush away all minor and unimportant issues, and leave to the determination of the jury only the1 important and con trolling ones, and that even on these the judges influence should not be entirely unfelt by the jury.
As already stated, Judge Clark was elected judge of the Stone Mountain Circuit when it was created in 1885, and held that office until his death. This circuit did not em brace Fulton county, but it was well known that the pur pose had in view in the creation of it was to furnish a judge to assist the judge of the superior court of the Atlanta Cir cuit. The criminal docket of this court was assigned to him in the division of the business, and the arduous task of trying nearly all the felonies that have been committed in this county for the last ten years has devolved upon him. He brought to that work the best efforts of his long and

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MEMORIAL.

useful life. He was always upright, able, and fearless, but he recognized, oftentimes, the provocation for the crime, too often overlooked by younger and less experienced judges, and tempered justice with that sweeter quality of mercy which made him see the man as well as the crim inal, and caused his great heart to look with some leniency upon the human being who stood before him when he pronounced the sentence of the law.
Judge Clark commenced his public life at a very early age. Was elected to the legislature of Georgia in the year 1849 as a senator from the thirteenth senatorial district. This legislature was that chosen for the second term of George W. Towns and was the first democratic legislature of the State for a number of years. In this legislature was the beginning of the great political excitement which grew out of the settlement of the questions involved in the dis position of the territory acquired by the United States at the end of the war with Mexico. "With his entrance in this legislature upon political life there was with him Thomas T. Long, Lucius J. Gartrell, Linton Stephens, and Joseph E. Brown, who afterwards became so distinguished in the public service and shed great luster upon the history of Georgia. In the Democratic convention of 185Y he and Linton Stephens were conspicuous leaders in the movement which resulted in the nomination of Joseph E. Brown for the office of governor. This nomination was the settle ment of the long wrangle and contest by the partizans of Honorables James Gardner, Henry G. Lamar and John H. Lumpkin for this nomination. These three party leaders had been long conspicuous in the Democratic party and had exercised great influence in the politics of the State and in determining the policies for the Democratic party. At that time Governor Brown was not generally known to the politicians of the State, and the knowledge Judge Clark had

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of him by his association in the legislature of 1849 was most successfully used in securing for him the office of gov ernor, which identified this remarkable man with the most eventful epoch in Georgia history. The public excitement originating in the legislature of 1849 culminated in the con vention of 1861 and the adopting of the ordinance of seces sion by the State of Georgia. Judge Clark was a mem ber of that convention, and with those celebrated statesmen and patriots, E. A. Msbet, Thomas K. B. Cobb, and Kobert Toombs, voted for that ordinance. During these twelve years of the greatest political excitement and of momentous events in Georgia history Judge Clark was one of the most consistent and devoted of that galaxy of Georgians who molded public opinion and carried out those policies born of the most ardent feeling of devotion to the peculiar rights of the Southern States.
In the years following that of secession, during the war period and in the after times of disappointment, alien in terference, and reconstruction wrongs, the memories of the past were dear to the heart of Judge Clark, and in counsel and effort he was in the front rank of that illustrious num ber of Georgians that gave their lives for safety of the State, and whose fame is a precious inheritance of its peo ple. His political life was consistent in party and was spent in the pursuit and vindication of truth as he saw it, and in making better and brighter the lives of the people for whom he thus earnestly labored. His legislative career was conspicuous as to the men with whom he was associated and the measures with which he was identified.
It would take perhaps a dozen comfortable octavo vol umes to carry the contents of Judge Clarks scrap-books. Much that is cut from newspapers, and pasted into these volumes, is the product of his own pen. The residue of it, also clipped from newspapers, consists of articles which

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MEMORIAL.

arrested his attention and appealed to his sympathies dur ing a long lifetime.
The footprint of a bird in a Paleozoic mud-flat is so char acteristic that a scientist can take it, as found preserved in the resulting stone-shale, and construct from- it the figure and semblance of the bird itself. The bone of an animal, deposited in the deepest dark of prehistoric times is un earthed from the dry, embalming dust of a long-forgotten period, and from the slim indications of structure and na ture it presents the animal itself is made to stand before the startled eyes of nineteenth century spectators. By anal ogy it would seem that a scrap-book, extended, as Judge Clarks is, through so many years, and registering -with care ful fidelity the things he thought and said as the spirit moved him, and the things that other people, both grave and gay, thought and said pointedly enough to catch his de liberate attention, would supply abundant material out of which a philosophic mind might reconstruct the mental and emotional part of Judge Clark himself.
For instance, Judge Clark was known to be possessed of a heart full of tenderness and sympathy for men and women who had been, jostled down in the rush of life and trampled under the feet of their fellow men. The criminals he sentenced loved him even as he was pronouncing their doom. The gentleness of his disposition was so pronounced a trait of his character, that even illiterate and brutal felons perceived it and appreciated it. But a psychologist should be able to reason out this peculiar characteristic as being one of the parts of Judge Clarks singularly compound be ing from the following scrap of poetry, which, with many others of similar sentiment or in like vein, is found among those scattered, as print of bird claw or- mummied bone, throughout his remarkable scrap-books:

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"Give him a lift. Dont kneel in prayer, Nor moralize with his despair: The man is down, and his great need Is ready help, not prayer and creed.
"One grain of aid just now is more To him than tomes of saintly lore ; Pray, if you must, within your heart, But give him a lift, give him a start.
" The world is full of good advice, Of prayer and praise and preaching nice ; But generous souls who aid mankind Are like to diamonds hard to find.
" Give like a Christian, speak in deeds ; A noble lifes the best of creeds ; And he shall wear a royal crown Who gives a lift when men are down."
Again, the friends of Judge Clark were frequently sur prised, almost to the point of consternation, at the quantity and accuracy of his information as to the antecedents of almost any one whose name was mentioned, and his fa miliarity with family connections even down to a remote degree of kinship. He knew so much more about ones kind than one knew himself, that many stood in dread that he knew some otherwise unknown something that would cut the price or bring a blush of shame to the cheek. Groundless fear, however, since his innate goodness restrain ed him from ever inflicting the slightest pain.
Judge Clarks memory was a sort of exhaustless "peer age," even of the poor, the humble and obscure a sort of personal "Bradstreet" of everybodys buried and wouldbe forgotten relatives. But the habit of his mind, which made possible an attainment so difficult as the one now under consideration, is disclosed in these slowly and pa tiently formed and always growing scrap-books. Few people duly estimate how much newspapers contribute to the common fund of knowledge in the course of half a

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MEMORIAL.

century, and especially how much information they give about people, and their "cousins and their aunts." Judge Clark seems to have been an omnivorous consumer of news papers. For fifty years he clipped personal paragraphs, autographs, biographs, and the like, himself often con tributing much of value in this direction, until he in part made, and in another part collected, a large encyclopedia of individuals, their connections, eccentricities, and exploits, so as to have them at tongues end when occasion arose call ing for disclosure. He appears to have hung over, with loving respect, tombstones in cemeteries at Savannah, Macon, and elsewhere, fixing dates of births and deaths, grouping family names and connections, as if this were the chief business of his life. ]S<"ot to be wondered at, there fore, that he could in a few minutes conversation.so enlarge your circle of relatives that you felt smothered under a blanket of unexpected, and sometimes undesired, kinship. He devoted much time to the study of the local and personal history of the State of Florida, and much that he wrote on this subject deserves to be preserved. The bench and bar of Georgia always appealed to him, as one of the chief "pleasures of memory" in his old age, and his knowledge of this subject far exceeds that of any of his contemporaries. How lovingly he lingered over the names, ability, and pe culiarities of his professional brethren, and with what just estimate oft-tinged with subtle humor he has perpetuated their memories, let his brilliant series of letters addressed to the Savannah "Morning News," and entitled "Fifty Years Ago," attest. Perhaps William H. Sparks alone com peted with him in this peculiar line of literary endeavor, and it is to be said in reference to Mr. Sparks himself, that Judge Clark has collected and preserved the only complete record of his writings extant. Bill Arp, Betsy Hamilton, and Montgomery M. Folsom, and many other well-known

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15

knights and ladies of the quill, will also likely find, among Judge darks clippings and pastings, a fuller collection of their contributions to the newspaper press of the day than they themselves possess.
We may wonder, too, if any one of the many lawyers, who were accustomed to view his venerable, grave face as it crowned the woolsack, imagined how much Judge Clark knew about actors and actresses, and famous mu sicians, and notable preachers; and how fond he was of framing their printed images and preserving accurate criti cisms of their genius and methods. The great speeches, also, of Georgias great men, of every political or theologi cal creed, he read with care, and preserved with equal care, until it may be said nothing has been worthily proclaimed from forum or pulpit for fifty years, and printed in the daily press of the State, that he has not garnered for the convenience of the future historian. , Scores of distin guished Georgians will find many of their own utterances, which they have themselves probably long forgotten, her metically sealed in the amber of Judge Clarks wonderful scrap-books.
So far as we know Judge Clark never attempted a line of poetry of his own invention or manufacture, but his soul was brimful of it, and a true song always found a re sponsive chord in him. Very few short poems or verses of merit escaped the snipping of his tireless scissors. His admiration for womanhood, and especially motherhood, was deep and tinged with holy reverence, and his love for children was so simple and tender that it was little short of pathetic. A volume of miscellaneous productions particu larly unfolding the sad and sorrowful side of "the mother" and "the child" could be printed from his collections, so varied and beautiful as to be esteemed a gem of any library;

16

MEMORIAL.

for his literary taste and discernment in this quarter were indeed exquisite.
As is well known, Judge Clark was a profoundly afflicted man, both, in his person and his circumstances. His cheer fulness, his patience, at times flickering up into gentle hu mor and playfulness, was thus the more remarkable. No doubt he had consciously trained himself to endure adverse ills, and schooled himself to display toward others that ten der consideration which too often he felt to be denied to himself. The frequent occurrence of lines like the follow ing, preserved by him, would seem to indicate this:

" If we knew the cares and crosses Crowding round our neighbors way, If we knew the little losses Sorely grievous day by day, Would we then so often chide him For his lack of thrift and gain Leaving on his heart a shadow, Leaving on our heart a stain?
"Let us reach into our bosoms For the key to other lives, And with love toward erring nature Cherish good that still survives ; So that when our disrobed spirits Soar to realms of light again, We may say, dear Father, judge us As we judge our fellowmen."

It has been remarked how grateful Judge Clark always was for the slightest mark of consideration and sympathy. A gentle touch of his elbow to sustain him in his feebleness, a slight smoothing of his sick pillow, a little bunch of flow ers, any sort of loving trifle, would call forth earnest, even pathetic profusion of thanks. Perhaps something more than accident led him to preserve the following lines so ap propriate to this occasion:

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!" When I am dead, Forgive Oh, this I pray far more than all The anguish I have caused, the deed beyond recall, Think kindly on me as I lie so still, So poor a subject for an angered will. Think of some generous deed, some good word spoken, Of hearts bound up I found all sad and broken Think gently, when this last long rest is mine, And gaze upon my form with looks benign,
When I am dead."

L. E. BLECKLEY, M. A. CANDLER, E. K BROYLES, GEORGE HILLY ER, /M. R. HAMMOISTD, MARSHALL J. CLAEKE; SUPUS T. DORSEY, HOWARD YAK EPPS, JOHN T. GLEKN, A. H. DAYIS.

Maeon, in the State of Georgia, named in honor of the great and good Nathaniel Macon of North Carolina, is a beautiful city. As it is located very nearly in the exact geographical center of the State, it is appropriately called "The Central City." Situated on the right, or west bank of the Ocmulgee river, it occupies the lowlands, the plains, and the highlands of that river. Beginning at the lowest point on the river, it rises gradually by a succession of nat ural terraces, semicircular in shape, until it reaches and in cludes the high hills. Looking from some favorable point on these hills, the whole city is in view, descending by reg ular gradations until it reaches the lowest lands capable of occupancy. Looking from some favorable point along the track of the Central road, in the lowest part of the city, and the reverse of the other view is had. The city grad ually rises before the view amphitheater-like, until upon the highest encircling hills many of its largest and prettiest buildings cap their tops and delight the eye. It is dimcult to decide which is the more beautiful both are beau tiful and hard to be surpassed in views of cities. If -a pho tographer should place his instrument at a point on Bonds Hill, which would just take in on the left a spire of ChristChurch, and then would place it at some point near the track of the Central road in the lowest part of the city, the pictures thus made, taken together, would give a view of nearly all of 31aeon all of its prettiest parts. The streets of Macon, running from the lowlands to the hills, are named

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MEMORIAL.

after trees, and of these I remember Walnut, Mulberry, Cherry, Plum, and Poplar. The principal residence ave nue of the city is Mulberry street. The pride of the peo ple of llacon is the park in the lower part of the city on the river bank, and Rose Hill Cemetery in the upper part on the high hills and likewise on the river bank. Each of these beautiful spots are in unison with the beautiful city, .and all together complete a lovely picture which nature and art both combine to make. It is not to describe Macon and her beauties these articles are written, for that would re quire the pen. of an artist, but as introductory to the im pressions received and reflections made, on a visit during the last summer, respecting her old citizens, who are tak ing their final and eternal sleep in Rose Hill Cemetery. jJsFor will space permit, if I had the ability, to describe this lovely city of the dead. Many descriptions of it have been, written and printed, but to realize its beauties it must be seen.
It is nearly forty years since I first visited Macon, and for more than thirty I have known it well. Marked changes take place in population in one decade, but when we can multiply that by four these are so many and so great, that the chronicler finds but few surviving who were contemporaneous with, him in the business and struggle of life. The first change that impressed me was, that there were but two men living who resided on Mulberry street from Paines corner to College street twenty years ago. The two are William B. Johnson and Edwin Saulsbury. Among the dead I can call to mind are Dr. Ivollock Green, Washington Poe, Thurston Bloom, Dr. Collins, James A. TSFisbet, Asa Holt, Eugenius 2s"isbet, William B. DeGraffenreid", Cadwallader Eaines, Thaddeus G. Holt, Isaac Scott, Dr. Franklin, Amos Benton, and Charley Campbell. To these can be added several who did not live on that

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21

street that far back, who are also -among the dead, like Dr..

Strohecker and John B. Boss. Those names are not only

some of the best and most prominent citizens of iTacon,.

but of the State of Georgia; such as Judge Xisbet and

his brother James, "Washington Poe, Judge Thaddeus G-.

Holt, Dr. Franklin and William K. DeGraffenreid. The

realization of so many deaths in that length of time among

.f

O

O

men I knew suggested a stroll through the cemetery, to

search for the graves of friends and to see what memories-

would be revived by the inscriptions on their monuments.

In the latter I was more successful than in the former, for

from the want of even some "rude stone to mark the spot,"

I could not tell the graves of several clear old friends from

others in the same vicinity. For such success as I had I am

indebted to Colonel Madison Jones, who accompanied me

and who was familiar with all parts of the cemetery. He

has grown to like its holy calm and purifying influence, for

there he buried his greatest earthly treasure his darling

hoy who died at Emory College, Georgia, a few years ago,

before his father and mother could reach him; and now

that Colonel Jones is well over on the sunset side of life,

his heart is in the grave with his son, and he is looking for

the time when he shall be placed beside him in his tastefully

ornamented lot in the beautiful cemetery. I read inscrip

tions on many monuments, which either revived memories

interesting to the public for their particular merit or for

their historical character, and I propose to say something on

some or all of them. The first monument that attracted

my attention, and will that of any visitor, because of its

prominent position, is that of the Rev. John Howard. En

tering at the principal gate, and going down the main ave

nue, we soon came to a point where another avenue diverges-

to the left oblique, tlpon a lot right at the point- made by

the divergence, and on account of that the open character

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MEMORIAL.

of the immediate surroundings, and its size and shape the monument is conspicuous above all others, on this main avenue. It tells us that

JOHN HOWARD
was born in Onslow county, ]SS"orth Carolina, on the 5th of March, 1792, and died at Macon, Georgia, on the 22d of August, 1836, having been a member of the Methodist Episcopal Church for nineteen years. The name of the Rev. John Howard is among the recollections of my tender years. My mother was one of his flock when he was sta tioned at Savannah. She had most pleasant memories of him, "which she would at times relate." His father was a man of wealth, but losing his fortune and dying, left his son at twelve years of age in the charge of his widowed mother. Having, because of these adverse changes, to labor, he at that age left school to serve his uncle, Henry B. Howard, in mercantile business. He there acquired those methodical habits that afterwards became so useful to his chnrch. Soon after his conversion he joined the itinerant Methodist ministry. His first station was at Georgetown, South Carolina, in the year 1820. Erom thence until 1831 he was stationed at Augusta, Savannah, Charleston and Greensboro, all then in the bounds of the South Carolina Conference. While residing at Greensboro he served as presiding elder. In 1831 he was stationed at Macon, was the agent for the school of his church at Oxford, Georgia, and was among the first and most active promoters of the "Wesleyan Female College. In 1836, just after his return from his service as a delegate to the gen eral conference, he was taken ill of malarial fever, and died from the effects of a relapse, while surrounded by his weep ing brethren and friends. He received them down to the

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last hour of his existence with the most exquisite grace and tenderness, and had a word of cheer for every fresh arrival.
The Eev. John Howard was gifted with a grand intel lect, imposing person, and charming eloquence. His repu tation as a pulpit orator exceeded that of any other min ister of that denomination in the State. He was devoted to his pastoral duties, rand convincing and captivating by manner and matter in his sermons. On revival occasions, when the fervor of piety and speech was upon him, he was brilliant and powerful. ]\Iany are the members who were added to the church by the influence of his min istry. He left a reputation which is vividly known and an influence which is felt even to the present day, although nearly half a century has passed. What minister of his time can be called to mind who, from mere tradition, has cast his beneficent shadow so far into futurity? In every city where he preached, either the old people who survive, or the young who have heard from their parents, have something pleasant and profitable to say of Mr. Howards ministry. Before the world in his inner family circle, in his closet, everywhere he was thoroughly in earnest and consecrated every fiber of his being and every hour of his life to the religion and the work to which he had given himself. This is a feeble description of the man whose brilliant and useful career was arrested by death at fortyfour years of age, and whose ashes and monument honor the original clay of Eose Hill Cemetery.
But there is a fresh grave by the side of John Howards, as yet unmarked. Visitors must inquire whose can that be? It is that of the venerable widow, who remained such for more than forty years a rare instance of mingled fidelity and longevity. If she had lived less than two months more she would have completed her eighty-sixth year. Her maiden name was Susan Poythress. She was

24

MEMORIAL.

a native of North. Carolina and the niece of the late Dr. Ezekiel Hall of Crawford county, Georgia, who was the father of Samuel and Robert P. Hall of Macon. It seems superfluous to say she was a devoted and consistent Chris tian, and yet the picture would be incomplete without. Her best encomium is devotion to her husband and his work in the ministry. It is not saying too much to assert that without her aid and sympathy he would not have had the success and even the glory he had. The world attaches too little consequence to the aid a man in public life re ceives from his wife, and yet, without knowing who the wife, of such a man is, it will take neither the spirit of prophecy nor the endowment of wisdom to venture the as sertion that he owes his success to the help and encourage ment of his wife perhaps to his self-sacrificing, suffering wife. That so many women live a life of hard duty, selfdenial, and even pain, unattended with the slightest com pensation here, is of itself a good reason why there should be a heaven hereafter that Gods justice may be equal to a just mans sense of the same virtue. Among the surviving children of Rev. John Howard are the Hon. Thos. C. How ard of DeKalb county, so well known to the people of Georgia; the wife of Judge McKoy of North Carolina, and Mrs. Reagan of Savannah. Among his grandchildren are Thos. E. Walker of Atlanta, and the late Robert A. Alston.
In an opposite direction in the cemetery the visitors at tention will be attracted by a neat headstone erected to the memory of two persons a man. and his wife. He will be astonished to learn from the inscription that they are
OLIVER HILLHOUSE PRINCE
AND
MARY R., HIS WIFE.
who perished in the wreck of the steamship "Home," Octo ber 9, 1837. The "Home" was the first passenger steamer

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25

from Charleston to New York. On, her second voyage she was wrecked in a storm near Ocracoke bar, North Caro lina. Of ninety passengers only twenty were saved, and among the lost were Major Prince and his wife. He had just previously made a digest of all the laws of Georgia in general operation up to 1837. It had been accepted by the legislature. Major Prince went to the North in the sum mer of that year to supervise his publication, and thus lost his life on his way home. Fortunately the publication of his digest was assured, and it served the legal profession and .people tip to 1851, when it was superseded by the di gest of Thos. K. R. Cobb. For some thirty years the name of Prince was more often called in all the courts of Georgia than any other name, for previously (in 1822) he had published a digest of the laws of Georgia up to 1820. After the digest of 1837 the lawyers, by way of discrimi nation between the two, called the first (a smaller book) little Prince. I remember with distinctness the first time I heard the name, when a boy of fourteen I happened in a court-room while a case was being argued, and the lawyers on both sides frequently read and quoted from Prince. I did not know who Prince was, but the impression then made on my boyish mind was, that he must be the greatest man in the whole State. His digest of 1837 is now re ferred to frequently in the courts, but there is probably not one in ten of the lawyers who know the history and sad fate of its author. It is nearly forty-five years since his death. It is safe to say that three-fourths of the present lawyers of the State were then either not born or of ten.der years. Our congressional delegation, Turner, Clem ents, and Speer, were not born, while Elack, Blount, and Hammond had not yet passed out of their babyhood. Mr. Stephens is the only one who had entered on his manhood career, and General Cook and Judge Buchanan were boys.

26

MEMORIAL.

Both, of our United States senators, our governor,, the pres ident of the Senate were also boys. The speaker of the House was not born.
Major Prince was a native of K"ew Haven, Connecticut, and on his mothers side belonged to the Hillhouse family one of the oldest and best of the State. His uncle, James Hillhouse, was a United States senator of great distinction. A brother of the senator, David Hillhouse, made Georgia his home, and this brought Major Prince here in his youth.
By the aid of an act of the legislature in 1806 he was admitter to the bar. He took a high stand in law and poli tics, and sustained his reputation in every respect for thirtyone years, when his career was closed by death. On the resignation of Thomas "W. Cobb he was elected in 1828 to the United States Senate for the unexpired term. His competitor was Hon. Edward Paine, of Olarke county, and the contest was so close that Major Prince was elected by a majority of one vote. He was distinguished for his wit and humor. As a specimen of it, we can read at this day his facetious tale of an old Georgia muster in the "Georgia Scenes." His wife, who perished with him, was Miss !N"orman, a sister of Mrs. Washington Poe of Macon. Of his children but one survives Mrs. James Mercer Green of Macon. His only son bore his fathers own name, in herited his fathers intellect, with his shining qualities of wit and humor; wretched health afflicted him all his life, and a few years ago he died suddenly, leaving many sweet memories to those who understood .him. It will be a long time before the traditions of his humorous words and acts will pass into oblivion. He left several children now grown, or nearly so. Among the grandchildren of Major Prince are the children of James "W". King of BoswelL, Georgia.
The foregoing, relative to Major Prince, if viewed as a

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27

sketch, of his life, is not merely incomplete but feeble. It is not so intended, but simply to revive with, the living the memories of the dead, and to trace the points of contrast between the two, that the dead may not, amid the exigen cies of busy life, be entirely forgotten.
There is a monument in the cemetery which, with its inscription, suggests many reflections and revives many memories. He whose life it is to commemorate came, like Major Prince, to a tragical death, but in a very different manner. It is the monument of

DR. AMOS BASER,
Bom in Buckingham County, Virginia, istk September, ifgs. Died at Macon, Georgia, 8th March, 1846.

At the time of his death Dr. Baber, although in bad health, was engaged in the active practice of his profession. It was not long after his return from Sardinia, where he had been residing in the official capacity of United States minister to that kingdom. Among his patients was a man with consumption, named Jarrell, in East Macon. On Saturday the doctor had made for him a prescription which contained cyanuret of potassium. This drug con sists largely of the elements of prussic acid, and is a deadly poison, if taken in too. large a dose. The prescription was put up by George Payne, then and now a prominent drug gist of Macon, and a most excellent man. Mr. Payne, seeing that there was a mistake, filled the prescription, but tied it to the valve and wrote the patient not to take it, that it was a killing dose; and to show the prescription, with his note, to Dr. Baber wThen he arrived. The next morniDg early Dr. Baber made his next visit, and was disap pointed and irritated that the patient had not taken the medicine the day before, as his condition required it. The

28

MEMORIAL.

dose was a teaspoonful. "To satisfy you," said the doc tor, on the impulse of the moment, to the patient, "there iano danger in it, I will take a double dose." He swallowed two teaspoonfuls, staggered to a chair, and in seventeen minutes drew his last breath. The mistake was due to a misprint in Elliss formulary. All that edition was called in and destroyed, but that slight error of the publisher had already destroyed the life of one of the most useful and distinguished men in the State. Thus, at the age of fiftythree, Dr. Baber, while enjoying a high reputation as a cit izen, physician, and statesman, was siiddenly cut down by death. On that fatal Sabbath morning, before the people had assembled at their several places of worship, the ex citement in the city was intense. The death of but few men in the State could have created such a sensation. Be sides his personal, professional, and political standing, he was conspicuous as a Mason, having been Grand Master of the State, and was much beloved by that order. His friends of all shades were devoted to him, and he had the respect of his foes.
Just twenty years before, to the month, he had the mis fortune to kill Colonel Thomas D. Mitchell in a duel. The latter and Robert Augustus Bealle had an affair of honor without bloodshed. Dr. Baber was present in the capacity of surgeon to Bealle. This was in December, 1825. Tne duel between Baber and Mitchell grew out of some com ments the doctor had made on the former duel, to which Mitchell took exception. The latter, at the time, was so licitor-general of the Southern Circuit, and resided at Hart ford, in Pulaski county. This duel is strongly illustrative of the tone of that time, whether viewed from a social or legal standpoint. Although Colonel Mitchell was the pros ecuting officer of the State against all lawbreakers, duel ing was above the law, and he was as free to engage in it, ac-

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29

cording to the general public sentiment, as any other per.son. A peculiarity of the duel was thatColonel Mitchells brother, Dr. Isaac W. Mitchell, was his surgeon, but he was saved the embarrassing duty of ministering to his brother through the different stages of gradual death from a mortal wound, as he was instantly killed by a shot through the lungs. Dr. Mitchell died many years ago, after hav ing acquired a large fortune, which is now enjoyed by his son, a worthy and highly esteemed citizen of Thomasville, Georgia. It seems the fate of some men, even while blameless, to live a dramatic life, so completely do circum.stances conspire to involve them in a network of difficulty from which some such tragic event seems the only honor able way of extrication. Dr. Baber had a taste and a talent for politics. His intellect and information were sufficient to sustain both. He was an engaging talker and a forcible speaker. His convictions were deep and decided, and his character positive. He had an ample supply of courage to back all.
Such a man would inevitably become more or less prominent in church or State- He was the recognized leader of one party in Bibb county, while as able and up right a man as Charles J. McDonald was the leader of the other. He represented Bibb county in 1826,1831,1835 and 1839. He had been a soldier in the war of 1812 and was a surgeon in the army under General Jackson. In 1841 he was appointed minister to Sardinia, anddied, as I have stated, soon after his return home. It is strange that men of Dr. Sabers tastes and proclivities should choose the profession of medicine while that of law is equally open to them. I know other physicians of Georgia about whom the same may be said. A good and able lawyer was lost when the late Dr. Arnold, of Savannah, became a physi cian. Eminently may the same be said of Dr. Miller of

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MEMORIAL.

Atlanta. The same is true of Dr. Keubin Msbet of Eatonton. The avocation of these gentlemen appears to me like yokes upon them, like unto noble birds with their wings clipped. Their own profession does not give them the scope that the bent of their intellect and the yearning of their hearts require. Able and successful physicians of course they are, but so only because they have the intel lectual endowment for proficiency in any branch of learn ing they have the will to undertake. For a long time, now many years ago, Dr. Henry Branbam of Eatonton, Dr. J. G. McWhorter of Augusta, and Dr. Tomlinson Fort of Milledgeville, were important factors in Georgia politics.
The most imposing and expensive monument in the cem etery is the one that is erected to the memory of

JOSEPH BOND. Born January nth, i8ij. Died March isth,

There is nothing in the brief description upon it which indicates the manner of his death. The uninformed, whether stranger or citizen, would infer he died a natural death, and yet it was deeply and sadly tragical. I knew him well, and the first information I had of his death was a summons which came to me in the country to go to Al bany, Georgia, and join Judge Lyon in the prosecution of his slayer. The overseer on a neighboring plantation had taken the liberty to beat one of his men servants. When it was reported to Colonel Bond his anger and indignation were so great that he at once mounted his horse, rode rap idly to where the overseer was in the field, knocked him off his horse with a stick and while beating him as he layy the overseer drew a single-barrel pistol and shot Bond, from the effects of which he soon died.
The court of inquiry of Dougherty county., composed of

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31

the justice of the inferior court, refused to commit, and the grand jury refused to find a true bill, and so the slayer of Joseph Bond, having the law on his side, has never been tried for the homicide. His case was a strong illustration of both* the power .of the law and the equality of all men before it. The largest planter in the State, and one among her wealthiest men, had been killed by one of her poorest and most humble citizens, and yet the law protected him both in and out of the court-house, notwithstanding he had brought the trouble on himself by a brutal act which was a gross violation. But, on the other hand, it more strongly illustrated the relation of master and slave in the South. Here was a lordly planter, with his. hundreds of slaves and his thousands of rich acres, who sacrified his life in pro tecting and avenging a Avrong done to his slave. It is true he placed himself legally in the wrong, but that does not detract from the noble sentiments which impelled him. To accomplish his purpose he imperiled his most valuable life, and lost it in the effort. His act was the full measure of self-sacrifice, to avenge a wrong done his helpless slave. And such a sacrifice! On that fatal day in March, 1859, he had just entered on his forty-fifth year. He was in the prime of mental and physical vigor. He had the love of thousands and the regard of all. He had a young and lovely wife, and three children yet in their tender years. He had numerous landed estates in the country, and a pal ace for a home in the city. All the comforts and luxuries of life that money could command were his. He had been the favorite of his father and was the pet and the idol of the family. His neighbors and the planters generally ad mired him, and accounted him as by spontaneous, general consent the first among them. His money obligations had as high credit as any government security, and he possessed everything a nobleman could desire except the title. He

32

MEMORIAL.

had a fine form, a dignified carriage, and an elastic stepHe was a quiet, refined gentleman in his manners, but un der all there was a reserve force which enabled him to excel in all trials of strength and sports of the field. The ambition of his life, to be the largest cotton-planter in the State, had been crowned with complete success. He had more acres in cultivation and made more bales of cotton than any other man. He looked forward to the time when he would take his planting to the West, where, with more and richer and fresher acres, he would own more land and make more cotton than any man in the whole South. Out side his desire to be a good husband, father, friend, and neighbor, this was his ambition. Politics had no charms for him, and lie persistently declined to enter her arena for any object or for any consideration. The future was briO ght to him one could scarce imagoine that in his skvt/ there was a speck, even a speck that might be seen with a telescope. He had had pecuniary difficulties, and had con quered them. He had had personal difficulties, and had come honorably out of them. He was young, fresh, lighthearted, hopeful, temperate, and luxuriated in healthful vigor. Though this is much, yet it is not all that could be said in depicting this specimen of earthly honor and happi ness, to whom this world, whatever it might have been to others, was an Eden. Thus situated, thus circumstanced7 one of the poorest of Gods human creatures, with one of the smallest and shabbiest of pistols, destroyed his life in an instant; and in place of the beautiful picture I have attempted to paint, put in its stead one of darkness and death one showing the most brilliant of hopes blasted, a young widow and children in grief; and upon everything dear to him death had set his ineffaceable seal.
His wife was Miss Henrietta Moughhon of Jones county, Georgia, now Mrs. Nelson of Kentucky. And

MEMORIAL.

83

vet this man, who had such sanguine expectation of a long and happy life, had written and left his last will and tes tament, which evinces that amid all his prosperity he had contemplated death. He had for a time to reside in mi asmatic regions, and he might die of malarial fever. He rode much on horseback his course led him over bad roads and weak bridges through deep water, and to jump ditches and fences. He traveled much by rail, and from such and the like, he might have apprehended death by ac cident. But could it ever have occurred to him that he might lose his life by a conflict with a man so far below him in the social scale in vindication of the rights of one of his slaves? The cause of his death should have appeared in appropriate phrase upon his monument, that full justice should be done to his memory and the enemies of the old Southern slaveholders informed that here lies the remains of one of the wealthiest of them, who regarded his slaves as part of his household, and that, a wrong done the mean est of them was a wrong done to him.
As shocking as that death was, who can now, with a feel ing of certainty, say, in view of after events, that it was not better for the victim ? But two years more and the slaveholding States were precipitated into a war which resulted in the freedom of the slaves and the ruin of the masters. Who can say how he would have passed through an ordeal that had destroyed all his property in slaves, and nearly all of it in land ? If he had lived, within less than seven years from the date of his death, he would have realized this, al though he might have escaped all the clangers incident to life and property during the war. I cannot call to mind a man who, in my opinion, would have more deeply felt the change. He might, have conquered the difficulties, but the greater probability is that, like so many other noble South erners, he would have been broken in health and fortune.
8

34

MEMORIAL.

;

Could he now see what remain of his slaves scattered through, the country, enjoying their freedom, and some of his best land cultivated by convict labor, he might say his death was timely and propitious, to be thus spared the knowledge of the suffering of one and the desecration of the other.
Joseph Bond was the youngest, or next to the youngest, son of Lewis Bond, a wealthy planter of "Wilkinson county. There were four or five sons, and about as many daughters. He had property enough to make them all comfortable. Joseph was his favorite, because his father saw in him, more than in the other sons, the elements of success. It was his wish and expectation that Joe would be his succes sor as a large planter that when he was gone he would take his place. He selected him from among his sons as the one for this purpose. He had acquired large bodies of new and rich land in the then newly settled counties of Lee and Baker.
By his will he bequeathed to Joseph all these lands to the exclusion of the other children. Such was the scheme of his will to execute the intention named, but alas, the will had only two subscribing witnesses, and was a legal will only as to the personalty. But Joe was determined to carry out his fathers wishes, and by purchases and ar rangements with his brothers and sisters, he possessed him self of all the land bequeathed to him by the will. The wife of Dr. Harrison Jones of Lee county, and of Dr. Mar cus A. Franklin of Macon, were two of his sisters hus bands and wives all dead and of brothers and sisters there is not one living that I know of. For some years before his death he possessed and managed some ten or a dozen large plantations, situated in Lee, Terrell and Dougherty counties, and owned some five hundred slaves. He was the only cotton-planter in Georgia who had made more than

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two thousand bales per annum. He was a model planter and manager. He conducted all of his affairs with system, and a system that proved successful. He gave as nearly as possible his personal supervision to everything. His overseers were men of the most solid character and intelli gence to be obtained. His slaves were of the best and well fed and clothed. His stock of every kind was the finest and the fattest. His mules, of which there were many, were noted for their large size and good qualities. His wagons and harness were conspicuous for their beauty and strength and kept in the best order. His lands were the richest, his fences the highest and the strongest, and his houses the best for their respective purposes. Having the power and means, it was with him economy to buy the- very best of everything he needed. It became so that every citizen knew Joe Bonds plantations without inquiring, by their neat, substantial, and complete appearance. If wag ons and teams were passed on the road, and they were such as to excite admiration of the traveler, an inquiry was su perfluous he knew by their appearance they were Joe Bonds. The same was shown of his wearing apparel. If you should meet him in the field he would be wearing a suit of clothes adapted to that service and fitting him prop erly. If you met him in the woods his suit would be adapted to that. His appearance would be that of a neat and refined country gentleman. Should you meet him in the city, at which time he would be off duty, his appearance would be that of a neat and refined city gentleman. Thus the mans good taste was to be seen in everything. There was nothing like display or an attempt at it. He was as much opposed to that as he was to slovenness.
We had three kinds of first-rate planters in Georgia the rice-planters, the sea-island cotton-planters and the up land cotton-planters. Colonel Bond was among the best

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specimens of the latter. He was educated, whether col legiate or not, I do not know. Certainly, though, he was educated in the best sense of that term. He had acquired the knowledge necessary to successfully carry on the avo cation in life he was destined to. Beginning with a prop erty valuation of perhaps two hundred thousand dollars, the valuation of his estate in the first of 1860 was one million three hundred thousand dollars. Such is in brief a sketch of the man over whose remains in Rose Hill cem etery there is the imposing monument with the too modest inscription.
He was neither statesman, warrior, politician, nor noted in the arts and sciences. His fame has not been proclaimed in book, magazine, or newspaper. He neither sought nor eared for such means of distinction. He was simply a gen tleman cotton-planter of large possessions. But he won in his pursuit in life as much distinction as it was capable of. and despite the strong ties that bound him to earth and to ease, he sundered them all upon a righteous principle, and appeared in an instant before the judgment seat to give an account of his stewardship. And a noble stewardship it was and such as should give him a place among the dis tinguished dead.

My former comments upon the dead, in Rose Hill Cem etery have concerned men who have monuments erected to their memory. I shall now write of one who has no mon ument, but who deserves one from the city of Ifaeon. Sis name occurred to me because his grave, almost in the shadow of Joseph Bonds beautiful monument, came thereby under my observation. And it seemed remarkable that the only man who, at the time, had the means and the enterprise to build the "Palace on the Hill," and the only man who had the wealth and the liberality to purchase it should be neighbors in death. At different times they had both occupied the same mansion as a home, and, after death, had come to lie down in eternal sleep together. But in this instance, as in so many others, "the last was the nrst and the nrst was last!" Be who built and sold survived him who bought nearly twenty years and was some nfteen years the older man.
The name of him to whom I have referred is
JERE COWLES,
who was bom in Sharon, Connecticut, about the year 1808, and died in the city of !N"ew York in the year 187o. Bis body was taken to Itacon for interment on his lot in Rose Hill Cemetery, where he had several of his children laid away, and among them two grown sons. Colonel Cowles belonged to that class of Northern merchants who came to the South during the nrst quarter of this century, and

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not having imbibed any antipathy to Southerners, were of a very different style from those who came in the third quarter. He first settled as a merchant in. Eatonton, Geor gia, and discovering the more rapidly growing town of Macon a better location for him, he moved there. His wife was one of the daughters of John Williams, of Milledgeville, for a long time the Treasurer of the State. He belonged to a fine family of Bertie county, jSTorth Caro lina, from whence he moved to Georgia. Colonel Cowles having married in Georgia, which became both the birthand burial-place of his children, he identified him self with whatever promoted Georgias prosperity. His energy, enterprise and wealth were such, that in finan cial and kindred circles he became the most influen tial man in Macon. He was among the originators of the scheme to construct a railroad from Macon to Savannah, and was the active and influential friend of that enter prise from its inception to its consummation. He was equally efficient and conspicuous in the construction of the Southwestern Railroad, from Macon to Eufaula, Al bany and Fort G-aines. But his greatest success was his saving from destruction the road from Macon to Atlanta, and securing its completion by a company of iSTorthern capitalists.
The corporation name of the first company that under took the construction of that road was the "Monroe Rail road and Banking Company." When the cars were run ning within twenty miles of Atlanta, over defective con struction, with imperfect equipments, the company, in 1845; failed, after having spent two millions of dollars. The creditors placed the road and other property of the company in the court of equity of Bibb county for the liquidation of its affairs.
Commissioners were appointed by the court to sell the

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road and all its property, including^ tlie franchise. It was sold 011 the 16th day of August, 1845, and Jere Cowles, solitary and alone," became the purchaser at the low price yet large sum of $153,000. To properly explain and esti mate the importance and magnitude of this pur-chase, it is necessary to give, as briefly as possible, an idea of the sit uation at that time.
There were then no through and great connecting routes to JSTew York or any other large commercial centers. Kailroads were then in their infancy, and their capacity for good not sufficiently appreciated. As yet they were ex periments, and derived their chief siipport and consequence from the country through which they ran and their respec tive termini.
Charleston and Savannah were competing seaports, and through the South Carolina railroad to Augusta, and the Georgia railroad to Atlanta, and the State road to Chatta nooga, Charleston and the intermediate important com mercial point of Augusta were assured of railroad com munications with the great West. Savannah, with the in termediate city of Macon, would be cut off from such con nection without the road from Macon to Atlanta. The Central railroad had only a year before been completed to Macon after a hard struggle could pay no dividends, and none were expected for many years. Savannah was scarce ly half as large as Charleston, and had- exhausted her availhie resources in the construction of the Central. Macon was much less in population than Augusta and still less in property. In fact, the city coiild not pay her liabilities. This was the situation when the road tributary to Macon and Savannah, and upon which both were dependent for connection with North Georgia, Tennessee and the far West, was to be sold "under the auctioneers hammer." The strength of purse was with their commercial enemy,

40

MEMORIAL.

and if the enemy bought, the iron and equipments would be removed and the road destroyed. And so much had the enemy the advantage that he determined to give a nominal sum for the franchise, road-bed and equipments. If something could not be done speedily, the road would be lost and all the incidental advantages of trade and the like from the expenditure of two millions of dollars.
The man destined to solve the difficulty and relieve H\Iacon was Jere Cowles. The commissioners of sale would have until November (the next meeting of court) to account: for the proceeds. They were the friends of Macon. To them Colonel Oowles communicated his scheme of purchase, which could not be carried out unless they would give him time in which to comply with his bid. If he failed to pay, the time was sufficient for a resale at his risk by the next court, and the commissioners were able from their private estate to make good the loss, if any.
When the property was put up it was started low, and finally knocked off to Colonel Cowles for $153,000. The adverse bidders permitted it to be knocked off at that price under the impression that Cowles could not comply that it would immediately be resold, when they would be sure to get it at a very low figure. To their dismay it was not again put up and they found they had made a bad calcula tion. Colonel Cowles at once went to 2\~ew York, made rep resentation of the value of the property and the amount of his bid. They furnished the money, the commissioners were paid, and there was a reorganization under the new name of the Macon and Western Railroad Company. Money enough was subscribed and paid to put the whole route to Atlanta in first-rate order, and it soon became the best equipped road and the best paying stock in the State. Of late years it has become merged in the Central, and there is now but one line and one corporation from At lanta to Savannah.

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But for Jere Cowless purchase, this consolidation may never have taken place, for it would have gone into hands
inimical to the Central, and might to this day be running In the interest of another company. It had been supposed at the time of the purchase that Colonel Cowles was the agent of the oYorthern capitalists, but he was not. The case was a desperate one and it required a desperate remedy, and while he had in view the probability of his organizing a new company on the basis of his bid, yet when he bid he represented no one but Jere Cowles with no backers but his own genius and pluck. He was possibly let in as a stockholder in the new company or in some other way compensated, but that he ever reaped any substantial pe cuniary benefit from the transaction his friends, do not be lieve. It was to him compensation enough to have orig inated and been successful in the scheme for securing the road for ]\Iacon and Savannah. To him glory was worth more than money. He was a public-spirited man, and the magnitude of an enterprise of public interest was his sole consideration. Pie loved to entertain schemes of a pub lic nature which involved hundreds of thousands and mil lions. He long ago foresaw the grand connecting through routes to !N"ew York, and other important points, and it was a favorite phrase of his, that there should be a railroad "from the ice fields to the orange groves." At the time he conceived this and similar ideas he did not have the wealth to form the nucleus of a syndicate or it would have been clone, unless it had been too early in the progress of railways and the growth of capitalists to enlist capitalists. It was perhaps his misfortune that his foresight was too much in advance of the proper time. Were he living and twenty years younger, how he would glory in the consolida tion of large properties and the combination of the money kings, and with some of them he would be sure to be. Ai-

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ter lie lost his fortune, about 1840, he never recovered his

former financial status. There were seasons of prosperity

to be followed by seasons of adversity, but nothing like the

prosperous condition of his early manhood ever returned.

In the late war he cast his fortunes with the South, and

here remained during its continuance and for several years

after. His public spirit did not flow alone in the current

of internal improvements, but he was the friend of educa

tion and religion, and was liberal in his contributions to

both. He took great pride in relating his efforts in be

half of the establishment of the "Wesleyan Female College

at Macon. His early education was limited, but he had

such a bright and solid mind, had seen so much of the world

and had acquired so much information, he "would have

passed for a liberally educated man. His frame was large

and compact, surmounted by a head with a high, broad

forehead, that gave him a commanding appearance in any

assembly. He had a strong, fluent and distinct enuncia

tion, a large and expressive mouth, full of beautiful teeth.

lie was full of mirth, and had a fund of amusing incidents

and anecdotes he loved to tell, and in telling them would

laugh at them as heartilv as any listener. His laugh was

O

tl

<-i

o

loud, ringing and contagious. A man with any humor in

his soul and not overcome with grief or trouble, could not

hear that laugh and not laugh with him. Generally a

man should not laugh at his own jokes, but it was becom

ing in Jere Cowles, and added to the humor of the story

he was telling. Many he had of primitive days in Eaton-

ton. He was one of the few men who did not grow old in

heart as he did in years. He preferred the company of

young men, and in deportment was as young as the young

est. He had no use for the sort of men called old fogies."

They were too old for him to associate with, even if many

years his junior. He did not allow himself to be cast down

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by ids adverse fortune. In ITacon, wliere lie-once reigned in prosperity, lie held his head high in adversity. His family were secured by a competency which relieved him of, anxiety for them. His successful ventures were more profitable to others than to himself. He sowed and others reaped, and many are now enjoying the fruits of his skill and labor without knowing it. Let his faults be buried in the grave with him, and let us cherish the memories of his virtues and live in the hope that his name will not pass into oblivion and his grave be lost for the want of a suitable monument to mark the spot where so much genius, enter prise, and mirth are now represented only by "the dust of the earth."
In my stroll through the cemetery, but in a different portion from that about which I have been writing, I found a monument which surprised me. I knew that the gentle man whose memory it was erected to perpetuate was dead, but did not know, or suppose, his grave was in Macons cemetery, for he was not "a dweller in that city." His name with me has been associated with a residence in Charleston and New York, or some of his many plantations, but not with the city of Macon. A known fact, however, must overcome any opposition, or even a plausible theory, and I had to realize that before me was the grave and mon ument of

LEROY M. WILEY. Born in Hancock County, Georgia, October 30th, 1794. Died April ibth, 1868.

I never had the pleasure of -an acquaintance with him, having merely seen him once, and never heard from others his personal characteristics, therefore regret my incompetency to write of them. But from his success in life, and a public reputation which was scarcely limited to the bounds

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MEMORIAL.

of the nation, I have no doubt he was distinguished for his private virtues and adorned the role of Southern gentle man. He was distinguished for occupying a financial stat us for which I cannot call an analogous case. He was a Southerner, but a prince of a merchant in the great North ern commercial center of New York. While he was there a merchant, he owned many plantations and hundreds of slaves in the States of Georgia, Alabama, Mississippi, and Texas. The latter were mainly the investments of his mercantile accumulations. Thus he was at the same time a merchant prince at the North and a lordly planter at the South. Hence when emancipation and reconstruction came, destroying the values in slaves and nearly destroy ing the values in lands, he was yet, for our section, a very wealthy man. The difference between him and Joseph Bond was that the investments -of the latter were entirely in Southern plantation property. Just before the war j\fr. "Wileys whole property must have aggregated from two to three millions of dollars. Notwithstanding such destruc tion of his Southern values, his estate, after his death, realized $1,110,000. So great was his reputation for wealth in ante-bellum times that Governor Gilmer, of Geor gia, writing some years ago, published in his book called "The Georgians," that "Leroy M. Wiley, of New York City, is reputed to be one of the wealthiest men in the/ world."
Another peculiarity of Mr. TTiley, with his large wealth in both sections of the Union, is that he had never mar ried, and when in advanced years stood out as a rich "old bachelor," and perhaps "the richest" old bachelor "in the world." At his death his property went directly or ulti mately to his numerous nieces and nephews, not so numer ous, but that the lowest sum was a competency, while the largest made the possessor rich, as viewed from our modest

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Georgia standard. Among the nieces were the wives of John Gresham, James Ii. Blount, Chas. J. Harris, of Macon, and Bobt. McXay of Baltimore. The latter is a brother of Hon. H. K McKay of Atlanta. Mrs. Baxter, of Athens, was one of his sisters. A year or two before the war Mr. Wiley had withdrawn from active participation in his-commercial enterprises in New York, and had taken up his abode at his plantation in Alabama, near Eufaula. It was there that he died after a lingering illness, and his remains were removed to Macon for interment. As he was a native of Georgia, and had many near realtives at Macon and vicinity, it was a thoughtful appropriateness that consigned his body to its mother earth in Hose Hill Cem etery. There he rests in his native soil there his grave will be tended by loving hands, and there every Georgian can be reminded of his life and the honor that life has been to Georgia. Mr. Wiley was true to his native State and section during the time of his troubles, and as a conse quence there were proceedings instituted in the courts of New York to confiscate his large property there. These proceedings, through the intervention of personal friends in New York city, lingered in the courts, and before final judgment could be obtained, the terms of peace arrested further proceedings and restored his property to him. He descended from revolutionary ancestors. The family on his mothers side were from North Carolina. Some of them were signers of the famous Mecklenburg declaration of independence made in May, 1775, from which some of the phrases in the general declaration of July, 1776, were taken by Thomas Jefferson. The uncle of Leroy M. Wiley (James Jack) volunteered to carry that declaration to the Constitutional Congress in session at Philadelphia, and did so, making the journey on horseback. But the congress was not then so far advanced as the patriots at

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MEMORIAL.

Mecklenburg, and it took them more than a year longer to affirm the Mecklenburg declaration, and thus crown with success the long, laborious, fatiguing ride of the patriot James Jack.
Mr. "Wiley began his career as a merchant in Milledgeville, Ga., then he went to Charleston, then the business was extended to ]STew York City, and a house was in oper ation at both places, and so continued until his retirement. The firm styles from time to time were Wiley, Banks & Co., Leroy M. Wiley & Co., Wiley, Lane & Co., and others not remembered, but they are yet familiar to the merchants and other busines men of the South and 2>Torth of twentyfive and more years ago.
From among the many distinguished dead in Rose Hill Cemetery I have selected a few to comment upon, whose lives were dramatic or otherwise of peculiar interest. They are not all who deserve special notice, but there are so many equally deserving that they furnish themes for a book in stead of a newspaper. The cemetery contains the remains of an extraordinary number of men who were distinguish ed or prominent in every walk of life. There are states men and heroes, judges and lawyers, physicians and plant ers, merchants and mechanics.
George AY. Towns is there. His life at the bar and in politics had its culmination in the office of governor for two terms. If there were time and space to say more, nothing is necessary, for in "Millers Bench and Bar" an interesting sketch of him can be found. He must have been a favorite of poor Miller (now himself deceased after a life of sickness and sacrifice), for his heart was plainly in his pen in writing of Towns.
Judge jSTisbet is there. Likewise is fact or comment superfluous, for fortunately for himself, for truth, honor, and fame, he left a record of himself open to the inspection of all men.

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Judge Traey is there. He is the equal of Dooley in the impress he made in his time, and the traditions of him that come down to the present and will go down to future gen erations. But Dooley has been embalmed in "The Bench and Bar of the State," while Tracy has not, although dead when Miller wrote.. Some future edition of that work, but some competent hand, must chronicle the life of this jurist, scholar, and writer, as it must of those eminent judges and lawyers who since have "paid the debt of na ture." Likewise there lies his accomplished son, who bore his name of Edward D., and followed in the professional footsteps of his father until the war came, when he was killed while holding the rank of brigadier-general. An other gifted brother, Philemon, a Confederate officer, killed on the enemys soil, lies in the cemetery at Batavia, ISTew York, but as a coincidence, there also are the graves of his forefathers.
Judge Cole is there. The cool, calm, modest, retiring, yet learned, wise, and sagacious judge. He who was so long the beloved judge of the Southern, and then of the Macoii Circuit, and for more than half a century an active and successful practitioner of law.
Judge Powers is there Abner P. called by his friends (of whom there were "legions") "Ab" an able lawyer, an able and upright judge. Long a member of the legislature and long on the circuit bench, he was cut clown by death when a candidate before his people for a seat in the legis lature to which they had so often elected him in his earlier manhood. Large dark eyes he had, with the expression both soft and intelligent, that were made more beautiful from the background of an intellectual forehead, a fine complexion, and finely chiseled features. These were the accompaniments of a symmetrical form, that reached or went beyond the standard of six feet. Man or woman

48

MEMORIAL.

would have pronounced him handsome. His heart was cheerful, and from his exquisitely formed mouth adorned with beautiful teeth there was constantly flowing a stream of mirth and humor. This quality, with an exquisite lasts and a nice sense of propriety, he so threw into his duties at the bar or on the bench, as to make it pleasant instead of laborious to be in the court-room where he was. He was "a friend of my bosom a man I loved."
Washington Poe is there erect, -tall, stately, impressive. Powers was a bright brunette; Mr. Poe a style just the re verse a distinctly marked blond, but not of the delicate and effeminate tint. His figure was more slender, his per son more erect, and to symmetry there was added a grace seldom seen in man. He filled the full measure of the term a perfect- gentleman" if ever man did. He was my "first gentleman in Georgia." So deeply was this impressed on the masses, that there were very few who were ignorantenough or bold enough to dub him colonel or judge. He was simply Mr. Poe. Standing alone in this respect, the genteel but worn-out old title of "Mister" became with him a distinction. I fancy from his general demeanor and his history he was of opinion, that to be a true and refined gentleman, and so recognized by every one, was a greater title than any official title. Elected to a seat in Congress when full of the ardor that belongs to youth, he declined his commission and continued ever after to be lawyer and gentleman. He was an able and successful lawyer, an effective and graceful speaker, and at times eloquent. It 13 sad that old age and death have to be the fate of such a man. as of common men.
Thos. P. Stubbs is there plain, benevolent, sincere, and industrious Peter Stubbs "the architect of his own for tunes/" By energy, persistence, and fidelity, long before he died he was a successful lawyer with a large practice.

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He was a good man with a feeling Jieart. Everybody loved Peter Stubbs. I surmise it was because he loved everybody. There was a magnetism about him that all felt who came in his society. From being in unusual health he was taken ill, which resulted in death a phase of death that, when it comes to a popular man, and unex pectedly, shocks the whole community.
Samuel T. Bailey is there a different style of man from any I have named. He was not sociable, was reserved in manner, and withal presented a haughty exterior, yet the few who knew him well loved him much, from which I in fer that he had more heart than he chose to show. He seemed to show by his presence and demeanor, "I have not loved the world, nor the world me." To quote a homely figure, in his association and in his practice, "he carried his own skillet." He commanded a large practice in heavy and important cases. He kept his own counsels, but when he was heard from he commanded attention. He was thoroughly educated, deeply read in law and classics; had a solid intellect, and spoke always with force, sometimes with eloquence. He was the son-in-law of the venerable Judge Strong.
Win. D. DeGraffenreid is there a younger man than I have named (except the younger Tracy), but a man of de cided ability, with much force and decision of character. He made much reputation in the office of prosecuting at torney for the ]\acon Circuit. He was a born politician, and his influence on that line was felt in the State for many years. He had an imposing person, and before his de cline in health, which ran through many years, he was a handsome man.
Such are some of the judges and lawyers. Sterling Lanier is there. Well named is he, for ster ling he was in nature and education as well as in name.

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MEMORIAL.

He was better known and more beloved throughout the nation than any who sleep the eternal sleep with him in that cemetery. From him the Lanier House takes its name. Long its landlord, and before and after of other hotels, he was one of those who came in direct contact with all his guests as a hospitable gentleman would in his own mansion. To have been such a guest, if but for a meal, is to love him ever afterward. The stranger, and especially the humble stranger, he personally sought and made him feel welcome and at home. He was the grandfather of Sydney Lanier.
E]am Alexander is there. A native of uSTorth Carolina, and of Scotch ancestry, he bore in his person all the char acteristics of that hardy and honest people so much so that he would easily have passed for one. He was a large, muscular man, more than six feet high. Included in his large store of good sense was a fund of humor peculiarly Ms own. In fact he was "an original." He amassed a large fortune, much of which was made as railroad con tractor. He was one of the firm of Collins & Alexander, who completed, and by their contract secured the comple tion of the Central Eailroad when its success was doubtful.
Isaac Holmes is there so long a citizen of Macon, a sol dier in the Florida war, captain of the Macon Volunteers, an officer of the Georgia regiment in the Mexican war. He died during his service in Mexico, from whence his remains were bro-ugiit and buried hi Eose Hill Cemetery. He there has a splendid monument commemorative of him. He had a fine presence, a faculty for attaching men to him, and hence enjoyed a great popularity.
John B. Eoss, the prince of Georgia merchants, and. James Dean, a large planter in the counties of Bibb and Houston, are also there. The latter was conspicuous in local politics, had a great personal popularity and repre-

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sented Bibb in the State Senate. The monuments to him self and to his two only sons are in good taste. They stand near each other, the tallest to the father, the next to the older son William, and the lowest to the younger son James, Jr.
Samuel J. Ray, Dr. Henry Kolloch Green, and Dr. James Mercer Green are there. I name them together for they were close friends and for a time owned and edited together the "Macon Telegraph." The Green brothers were in the full and active practice of their profession. They took a deep interest in politics, and Dr. Ivollock was elected to the legislature. They were much together, were quite similar in appearance, were not twins in realty, but were in affection. Ray died first, now more than twenty years ago, then Dr. Iloilock, and lastly Dr. James ]\L, not yet a year ago.
Samuel J. Eay, the principal editor, was a native of rTorth Carolina, and began life in Macon as a merchant. He had a taste for politics. While under his editorial man agement the "Macon Telegraph" acquired a fine and a wide reputation. Mr. Eay knew not only how to edit a paper himself, but he understood the value of procuring for his paper writers of ability. It was here that Tom Howard, of DeKalb, began his career as a political writer. Robert P. Hall and Philemon Tracy, both young men of superb abil ity, aided Mr. Ray with their pens, and the latter became the political editor. Sam Ray excelled in his judgment. He did not himself write long articles, but he knew what subjects to write upon and how to treat them. He was of great assistance to younger men who wielded more facile pens, and he took great delight in their companionship. Poor fellow, while yet in the meridian of life he died of consumption. He has no monument to mark his resting place. Just before the war there was a scheme among his

52

MEMORIAL.

friends, headed by Phil. Tracy to raise enough money to give him a monument worthy of his usefulness and his place in the affections of his friends, Tout the war came on, Tracy was killed, and the survivors were too poor to pro ceed. I have no doubt that Rays name will sound now truly "like a voice from the tomb," yet in his life he was. a power in Macon. Like so many others in the cemetery, he was a native of the good old North State. Situated be tween the more pretentious people of Virginia and South Carolina, she has given to the republic many of her best and brightest men.
It is time these articles on the noble dead in Rose Hill Cemetery were drawing to a close. Not because there are not others, who from their public career or interesting cir cumstances in their lives are worthy of being thus commem orated, but to notice all so deserving would extend them to a length that to the reader would be monotonous and wearisome. There are, however, two old and. honored cit izens of Macon, having beautiful monuments in the cem etery, who present themselves to my mind. Nathan C. Munroe and James IT. R. Washington. In "the long ago" they, together with I. C. Plant, were respectively and for many years at the head of the only banking institution in Macon. The money pressure lasting from 1837 to. 1848 had swept away the local banks and their places had to be supplied by agencies of Savannah and Augusta. The two first named have been "gathered to their fathers" for many years, while the latter (the youngest of the three) yet survives to enjoy in his old age the fruits of half a cen tury of toil, and the same fair reputation which has stood the test of all changes, whether incident to -prosperity or adversity. To Macon, "before the war," Nathan C. Munroe and J. TI. R. Washington were not only good, useful, and prominent but indispensable citizens. It cannot now be

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conceived that in those times any other men could have ade quately supplied their places. The former confined him self strictly to his banking business and passed his leisure time in the enjoyment of literary pursuits, while the latter took part in the public and political affairs of his fellow citizens. He was frequently a member of the city council and was honored with the mayoralty. He represented Bibb county in the legislature, and was one of its most in tellectual and useful members. He was a decided and positive character who had no compromise to make in ex change for principle.
There also rises before me in the mist of the past that man, who, in his time, was the man of all men in Macon Thomas ITardeman, senior. Apart from his influence in business life he was famed for his probity and purity of character, and as a pillar of the Methodist Church in Geor gia as well as in Macon. His reputation in the latter was shared by his youthful friend Robert A. Smith, noted as well for his modesty and gallantry as for his piety. As a colonel of a regiment he is to be numbered with the other precious lives lost in battle.
There are yet others who have had no public career, whose fame has not gone abroad who have simply as good and useful citizens pursued the "even tenor" of lifes way that deserve honorable mention. Of these some have slept the eternal sleep for many years, while others have the mounds yet fresh above them. The events of their lives, in the apt language of Dr. Lipscomb, have not receded in the distance, so as to take on "the softened haze of remote ness." Among the latter are "Drs. Strohecker, Roosevelt, and Boone, all distinguished in Macon society as worthy gentlemen and eminent physicians of different schools.
Also there is Win. F. Brown called familiarly Billy Brown cut off in his youthful manhood when he was

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fast acquiring the reputation once enjoyed in the same avo cation by his worthy father and the late Sterling Lanier.
Shall I not mention that innate and amiable gentleman, in whose bosom beat the kindest of hearts, Z. T. Conner? It is the highest tribute I can offer to him, and the most beautiful wreath that I -can lay upon his grave, to say, "for him my heart hath bled, for him my eyes have wept."
The question now presents itself to my mind, shall I close these comments while they are confined to the socalled "lords of creation"? In the lovely cemetery of so many graceful monuments is there no mother, wife, or daughter worthy of appropriate notice? Men Avho figure in the marts of trade, in the councils of the nation, on the fields of battle, live a heroic life necessarily public, and their names become well known "to fortune and to fame." Women are destined to a laborious and monotonous round of duties, and to be distinguished only in society. In either station there are no chronicles; the opportunities are small, innnitesimally so, for Joans of Arc, Grace Darlings, or Florence ^Nightingales; yet, if we could know the secret history of each life, there are more real heroes among them than among men. And heroes, too, whose lives are not blemished or darkened by even a single vice, while it is common to find a heroic man over whose head a cloud hovers. The test of a true and refined civilization is the estimate in which women are held. It takes a long time to throw off all the relics of barbarism, but gradually we are being relieved from all of them. As it is in the tone of the times to educate girls as well as boys, so it is fast becoming the tone to open to the employment of women departments that have hitherto been closed to them. In many employ ments and industries experience has demonstrated that they are more useful, skillful, and reliable than men. They are never sick or partially incapacitated from a spree of

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the preceding night. They waste no time in smoking cigars, and they cost their employer no extra expense for spittoons. The "belief in the greater mental power of the male over the female is fast becoming less, and who shall say that it is not long until an equality will be conceded.
The strong philosophic mind of Miss Mary Ann Evans, who wrote as George Eliot, and its vast acquirements has done much to shake the faith of the world in its belief that the mind of the female is inferior to that of the male. A philosophic or epigrammatic gem by the man Bulwer a touch of pathos or humor by the man Dickens, or of sarcasm by the man Thackeray, will find their equals in the literary
work of that woman. Gough and other men have had their prominence and
influence in the temperance reformation, but who shall say that with the force of her chaste^ diction Miss Willard is not as convincing and effective as they?
The world is fast settling down to the opinion that the same opportunities should be given to women as to men, subject only to the qualification, that they do nothing to unsex themselves. The difference that God and nature has made mil always exist and must be respected, while a true sense of propriety and delicacy can be preserved under all circumstances. Then, why should I forbear to remark on a monument erected to a lovely woman who, notwith standing her loveliness, has had, like coarser natures, to "pass throtigh the dark valley of the shadow of death?" JSTow a little more than twenty years ago, at a hotel in At lanta, I dined at the same table with a young bride and her husband, who were from a foreign land. I admired her beauty and rejoiced in her happiness. The war had just be gun, and more important matters took the place of this pass ing impression, and it never occurred again until some few years after I read in a newspaper an article written on the

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monuments in Magnolia Cemetery, at Charleston, S. C., and among them was one to this very picture of loveliness. It was in the month of June, and she died the ensuing fall. The -sudden change from the beauty of life to the horror of the grave made a deep and lasting impression. Similar to this was my feeling in Hose Hill Cemetery when I came to read the inscription to the memory of

CAROLINE MATILDA,
WIFE OF PHILEMON TRACY, AND DAUGHTER OF JOHN AND CAROLINE RAWLES.-
Barn December idilt, 1833. Died March jd, 1858.
HER INFANT SLEEPS BESIDE HER.

The last line aroused in my bosom the feeling of sym

pathy I have so long felt for the young mother who, after

enduring all the pain, is deprived of all the pleasure of ma

ternity. If one of experience has never done so, if he will

just look back a little he will be surprised to find how many

young married women within his knowledge have died

soon, after marriage, and generally leaving at their death

an infant or from two to five or six little children. This is

death in its most terrible form. !N"o matter what cemetery

one enters, or where it is, the inscriptions will give testi

mony that of this class of the dead there is an undue propor

tion. It is but recently our own community was shocked

by the death of a young married lady, distinguished for her

beauty and goodness, who left, bereft of a mothers care, five

little children as-is said "just like steps." An eloquent di

vine once, after drawing a vivid picture of the evil in the

world, including the wickedness of man, reached his cli

max by turning: his eyes to heaven, and with a dramatic ef-

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feet which thrilled his audience -saying, "Oh God! is this thy

work?" In respect to the large number of young married

MEMORIAL.

GY

women who thus die, and leave their tender babes to the tender mercies of a wicked world, may I repeat, "Oh God! is this thy work?" Such is one of the forms of death which impressed itself as most agonizing upon Halleck, the poet, when he wrote,

"Come to the bridal chamber, Death, Come to the mother when she feels For the first time her first-borns breath.
"And thou art terrible the tear, The groan, the knell, the ball, the bier, And all we know, or dream, or fear, Of agony are thine !"

As is stated in the inscription, Mrs. Tracy was the daugh ter of John and Caroline Eawles. The father, John Eawles, was a wealthy planter, having large estates in the counties of Pulaski and Baker. He, together with James Everett and Hartwell Tarver, owned much of their prop erty in common, and so acted in concert that the name of one suggested the other. Jointly or severally they had a financial status in commercial circles such as was seldom enjoyed by planters. Mr. Eawles died when the oldest of his children had not emerged from the condition of child hood. There were three of them, and he left property enough to make his widow7 and each of his children wealthy. Mrs. Tracy was the middle one in point of age. She soon grew to womanhood and was marked for her beauty, grace and amiability. She was known as Miss Carrie Eawles, and was one of the belles of Macon, where, at the time, there was as fine a collection of beaittiful young ladies as could be found in any city of the same size. It must not be inferred she was a belle in the stunning sense of that term, for that was contrary to her native modesty and ladylike reserve. She was simply that by the natural im press of form, features, and grace of manner. She was one
of the fortunates

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MEMORIAL.

To whom the better elements, And kindly stars have given,
A form so fair that like the air, Twas less of earth than heaven.

She first married Willie Walker, a very bright, talented, and fascinating young man, the "first-born" of Mrs. Gov ernor H. V. Johnson. Their married life did not reach beyond a long honeymoon when Walker died. She then married Philemon Tracy, a companion of her childhood, but little her senior, and the duration of her married life was only another long honeymoon, when death "stole her away," and all (as will be seen by the inscription) hap pened before she attained her twenty-fifth year. In a lit tle more than four years therefrom her handsome, brilliant, and loving young husband, as Major Tracy of the Sixth Georgia Regiment (Colquitts Brigade), received his death wound on the fatal field of Sharpsburg. And thus poor Phil, after "laying his darling down to sleep," with her baby "beside her," gave his own life for his country. Of him and her and their posterity not one is left to tell the sad story of their early marriage and early death.
Conspicuously in sight of Mrs. Tracys monument, with a small vacant space between, including the crossing of one of the cemeterys avenues, is the monument of

MARY V., WIFE OF F. WIMBERLY. Died October tSth, 1858.
AGED 26 YEARS.

This ladys maiden name was Mary Victoria Holt, a daughter of Dr. Holt, who was the brother of Gen. Wil liam S. Holt. She became the wife of Ezekiel Wimberly, of Twiggs, and then of Baker county, Georgia. I knew her not except by sight, but I know that naught but good can truthfully be said of her. It is enough to arouse for her

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all the sympathy cf my nature to know that she is another of the young mothers I have been lamenting who died so young, leaving two little children. One of these is now her self a young married lady of Atlanta. Mrs. Yfimberly, also like Mrs. Tracy, has been joined in the "spirit land" by her husband. His grave is beside that of his wife. He survived her just nine years, and never again married. Af ter her death life to him "was never the same again." He was a gentleman planter of much social worth, and content thus to live, without seeking the empty honors of life.
This paper and these articles, -already too long, must now be closed. They have been written simply to unburden my full heart; hence, it may be said for my own gratifica tion. If they have been gratifying to others, I would be more than human if it did not add to my gratification. If I have said anything, or have omitted to say anything, which is the cause of pain to any one, it could not pain such an one more than myself.

It is an indistinct memory of mine that that cynical genius, Thomas Carlyle, said on different occasions that. Scott wrote for the coin of the realm, but Burns wrote be cause the fullness of his heart had to have utterance. It is this fullness of the heart that impels me to write the in cidents of a trip I took to Florida about a third of a century ago. From the time I had intelligence enough to know of the then territory, it had about it the halo of romance for me. As its name indicates, it was the "land of flowers."
It was settled by Spaniards, and was a province of Spain when that kingdom was the first-class power of civiliza tion. It contained the quaintest, the queerest, and the oldest town in the United States. Comparatively, it was in the tropics. Its trees, plants, fruits, and flowers .were tropical. There the skies were bluer, the waters clearer, the birds of gayer plumage and sweeter song, the flowers of brighter color and daintier odor. There the red man within these States made his last stand for his native land. There perished in the struggle for his tribe Osceola, the last renowned Indian warrior. Before the days of com munication by steam there settled the cavaliers of Virginia and the Huguenots of South Carolina the cream of the cream rof both States. There yet lingered the civilization of the days of romance and chivalry, with its distinguishing characteristics of the duel and the tournament. There was a grand succession of magnificent lakes for hundreds of miles, called by the Spanish and English the. St. Johns river, but by the Indians the softer and more beautiful

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name of "Wekka. There, the soft .atmosphere and balmy breezes were supposed a specific for that prevalent scourge of civilized humanity consumption. There the north star was so low in the horizon as to suggest the appearance of the Southern Cross. For these, and many other considera tions, real or ideal, the faces of the people and the longings of their hearts were turned to Florida; but the means of communication were so limited few could enjoy the pre cious privilege of a visit to the favored land. Then there was not a mile of railroad in that direction from Savannah or any other part of Southern Georgia. From Macon there was a tri-weekly line of stages to Tailahassee, a dis tance of two hundred and twenty miles. From Columbus and Albany there were river boats to Apalachicola in West Florida, and from Savannah and Charleston the coun try of St. Johns could be reached by steamers of small ca pacity, going either the outside or inside passage, accord ing to their build.
It was in early December, 1852, on a Saturday afternoon, I took passage at Savannah for Jacksonville, by the Welaka, under the command of a short, stout, weighty, florid man named Captain King. I learned there was another cap tain or steamlboat official of the same name, and to dis tinguish them with brevity, our captain was called Captain Mck King. When we left Savannah, and throughout the trip, the weather was fine indeed, perfect, for in natural things perfection is attained, and especially is ones atten tion sometimes called to this in the weather. Nothing particular oceiirred that afternoon, except my wonder that so narrow a stream as the Eomney Marsh could float a steamboat ladened with freight and passengers. Early next morning we were at Darien, but from the early fog, and perhaps the situation, I could see very little of the old town. It made an impress on me when a small boy from

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its being the third arid only Scotch settlement in Georgia, and was the home of several Scottish clans. We soon ar rived at Brunswick, which about fifteen years earlier was the rival of Savannah. From what I then heard of Bruns wick I thought it would in a few years surpass Savannah. When I was a youth a dear old lady who had my prosper ity at heart advised me as soon as I got to work for myself to go to Brunswick. "It is going clear ahead of Savan nah," she said. "That bar and harbor are bound to make a large city." I believed what she said for was she not an old lady of much reading, knowledge, and intelligence? After some fifteen years I saw Brunswick for the first time, and it then flashed upon me that the old ladys prediction would not be fulfilled in my day and generation. I saw at once the reason of it, and that was, it takes so many more things to build a city than a fine bar and harbor. Never theless I admired the faith and pluck of the Brunswick people. If ever a man worked hard for a result, and had faith in his work, he was Thomas Butler King, to promote the prosperity of Brunswick. Next to him, and who lived the longest, is Colonel Schlatter. He has been compen sated by now seeing "with his own eyes" Brunswick take rank with other Georgia cities and placed on a. substantial basis. In course of time there has grown up more people, more money, more lines of communication, and with further increase, more and more will the bar and harbor of Brunswick be utilized. Fifty years ago such was the rivalry between Savannah and Brunswick that the char ter of the Central Railroad was first defeated in the legisla ture and passed by a small majority after reconsideration.
In a short while after leaving Brunswick our craft, in the attempt to pass from the bay and to pursue its inland passage by entering one of those many so-called creeks (Jekyl by name, I believe) ran aground and stuck in the

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mud. The tide was too low, and we had to wait until that important force and feature of nature should come to our relief and float us off. We there remained some two or three hours. This, while vexatious, gave us more than compensation in our enjoyment of the scenery and the beau ties of the day. It had been one of those clear, calm, frosty mornings of the lowland and coast country of Geor gia, which with advancing day produces a temperature, a purity, and brilliancy of the atmosphere not to be sur passed. The bay in which we lay was a magnificent sheet of water. There was nothing then to make it a "troubled sea." There was not another craft of any sort in view, and ours was distinguished in its loneliness. She was without competition or company. The air was filled with innumerable wild fowls of many descriptions, and among them flocks of ducks in every direction. Among the pas sengers there were several fowling pieces, but not one was discharged at the choir of game. "Remember the Sab bath day and keep it holy" was strictly observed, and neither the explosion of guns nor other noise disturbed the calm of that delicious Sabbath. The passengers came out and gathered on the upper deck in the open air to enjoy themselves. Many of them perhaps the most of them, were consumptives from the North and South going to Florida to recuperate their waning health. At that time that class of persons made the majority of visitors to Flor ida. There were few, if any, on our boat who showed emaciation, and with many there was no appearance or other evidence of disease, yet there were some who were on visits of pleasure or profit. There was quite a party from Detroit, Michigan. Among them there was a Mr. Lamed, a lawyer, and his wife. In appearance they were more dis tinguished than any other couple. He was a stout, broadshouldered man; he was of a dark a very dark complex-

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ion; so much so as to have a lowering yet dignified look,

lie had a quiet, but severely deliberate manner. No

Southerner to look at him would suppose he was a !N"orth-

erner. In all appearance and demeanor he was a good

specimen of the typical Southern gentleman. His wife

was just the opposite of him in figure and complexion. She

was a blond of almost the ultra type, and a wealth of

golden hair7 gave perfection to her style. It is now

thirty-two years since I saw this gentleman and lady for the

first and last time. I do not know if now they- are among

the living or the dead. The pertainings of this special no

tice will hereinafter appear. The famous Colonel Titus

was among the passengers. He had only recently located in

Florida, or was thither going for the first time. As I re

member, there was also a vounger brother and sister. The

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latter was a brilliant brunette, handsome, large, -and of im

posing presence. As to her I can repeat what I said of the

Larneds. This topic suggests to me what I have often

said, that the animosity between the two sections might not

have existed had the people of each known each other bet

ter. In this respect I claim we had advantage of the

STorth. We sent there to schools and colleges our boys and

girls. They sent none South. Our merchants made them

annually at least two visits, and it was exceptional for one

of their merchants to come Soitth. All of our people who

had pecuniary ability visited their cities, watering-places,

and other points of resort. Their people, in search of

pleasure or health, did not come South, and when they left

rhe country went to Europe or Cuba. If these are facts,

then our knowledge of them was better than theirs of us.

Politicians and other artful persons took advantage of the

ISTorthern prejudice against domestic slavery to slander us.

Thus a false judgment of us was made up from ignorance

and prejudice. When a small boy, at school at the jSTorth,

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I heard our white servant girl tell a visitor of hers that I came from where the negroes were slaves. She proceeded to pity the slaves, and said how it would make her heart bleed to see one of the poor creatures. I could have re plied to her (but respect for her age and sex prevented), that our slave domestics doing the same work that she did had ah easier and happier time than she.
It must not be supposed that all the passengers on the Welaka were Northerners, or from distant portions of our own State or the South. There were several on their re turn home or on a business visit to Savamnah, who went ashore at different points on the route. They were planters of the first class, residing on the islands or the main of theGeorgia coast. They were either the planters of rice or sea-island cotton. Such planters generally had large prop erties, and were gentlemen of culture and refinement. In their youth their wealthy parents had sent them to the col leges of the South, the North, or ofEngland.
On their return to the plantations, having the necessary leisure, they occupied that leisure in reading, hunting^, boating, other .athletic exercises, and in social intercourse. Thus educated and trained, they acquired the business of planting, and discharged their duties faithfully and grace fully, whether at home or abroad. Such habits also de veloped a peculiar type of physical manhood. The sound ness of the body kept even with the cultivation of the mind. This was manifested in the wealthy planters of the Geor gia coast. There was a style of physique and manner, which was more or less common to all from the Savannah to the St. Marys. They averaged above the general medium size, had a courtliness of manner, and a military carriage. Such might have made an impression of the mere aflectation of pride if it had not been palpably natural. The large estates of these planters gave them unqualified credit.
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The failure of one or more crops made no difference in their style of living, for their estates of land and slaves made their paper as good as the best government bonds, and the first year of a fine crop would set them even again.
Among the planters on the Welaka were James Mangin Smith of Camden, and James Hamilton Couper of Glynn. I had known both of these gentlemen by repiitation for years, and the first named personally for a few years. They were both distinguished in their vocation and in social life Mr. Coiiper particularly so. In speaking of either an exception was made in their favor by calling each by his middle, as well as his first and last name, which was itself a general concession to their distinction.
Both of them are long since dead, and in their time were representative men of that most superior class of Georgia planters residing on the seacoast. The first named was a gentleman of high intelligence and cultiva tion. He had a. most gracious and affable manner, a courtly bearing, and was delightful in conversation. His life hav ing been almost an entirely private one, he was not widely known, but wherever he had contact he was sure to make and leave the most pleasant impression. He. was, I believe, a native of lower South Carolina, and came to Georgia af ter his majority.
The second named (Mr. Couper) was in his vocation a planter, and without political service or aspirations, the best known man in the State. Born and reared in the sec tion where he lived, a gradulate of Tale College, of exten sive knowledge both general and scientific, of much practi cal usefulness, of fine presence and manner, he had im pressed himself upon the people of his section of the State to an extent no other man of his vocation had. A pecu liarity of his bearing, was that he made no difference in the courtesy with which he treated others because of the so-

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cial position of the person addressed. To each and all he was the same kindly, considerate, and properly communica tive gentleman. His courtesy was without the slightest af fectation and his conversation void of pedantry or preten sion. Except as he evinced the most thorough knowledge of the subject/ and showed the gentleman by his demeanor and attire, he made no impression of his great wealth or eminent social station. His presence, manner, and conver sation were altogether so natural and unobtrusive as to reach the most exalte! ideal of eloquent simplicity. George IV. was called the first gentleman in Europe, but he was not. If among the many fine gentlemen of the Georgia coast there could have been any first gentleman, that dis tinction would have been accorded ]\Ir. Couper; and there would have been no doubt of its having been deserved. He was one of the passengers aboard that ill-fated steamer Pulaski, in June, 1838, and saved the lives of Mrs. ISTightingale and her babe, and of Mrs. Frazier and her child. This success was clue to his strong physical manhood, his expertness as a swimmer, his knowledge of the sea, and his courage and presence of mind in the face of the awful danger to himself and the precioiis lives lie determined to save. (Vide "Whites Historical Collections of Georgia.")

After tie digression in the latter part of my former ar ticle on the above named subject, I must go back to the cozy little Welaka, which I left aground in the mouth of J ekyl creek. The tide did rise again, and it has ever since, and will until time shall be no more. By virtue of itsfloating and motive power we reached St. Marys at about 3 oclock p.m., when we should have been there at about meridian. There was not then daylight enough to put us across the St. Johns Bar before dark, and it was perilous to cross the bar in the night. The sky was clear, the aircalm, and the sea smooth. The captain was sure his little craft could make the run of thirty miles from bar to bar in time to cross before the shades of night. The run was a, delightful one. To the right of us was the coast. Monot onous, it is true, but yet pleasant, for it kept us assured that, although we were on the broad ocean, we were always in sight of the blessed and beautiful land. To the left a vast expanse of water to the shore on the other side, a distancewe did not conceive of, or try to. Our passengers had been reduced to those bound for Jacksonville, or further up the St. Johns. With few exceptions they were North erners, mostly in search of health, but few in search of pleasure. Bishop Verot, one or two Roman Catholic priests and myself were the exceptions. As we were fewer we came more in social contact. For a long time I had been a sufferer from chronic chills and fever, which caused the poor consumptives to regard me as one of them, and to ask me what northern State I was from. I said not farther-

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north than Georgia, when the reply was they did not ex pect to meet a passenger with lung disease from Georgia. I had to explain that my delicate appearance! was owing to malarial chills and fever. There was a disappointment, and I suppose upon the principle "that misery loves company." Soon the sun was sinking below the horizon, and we were more or less anxious as to the captains calculation to cross the St. Johns Bar before night. ISTone of us appreciated the shortness of the time in that latitude from sunset until dark, and directly night was upon us. By the time this was fully realized, I saw a dim light in the distance and dark ness that looked like it might have been a hundred miles .away, if visible at that distance. Around and below us was the inky blackness of night upon the sea.
There seemed no land on either side, so wide was the entrance to the St. Johns. The little Welakas keel was .all there was between us and a struggle for life with the wide sea in the blackness of a very dark night. And yet I ielt very little fear; I put my trust in the captain; even though he had missed his calculation, I was sure he would not run the risk unless he knew in case night did overtake us he could safely go over the bar. While in this mood, and with this confidence, suddenly the little boat received a blow that made her quiver in all her timbers. Thanks to my lack of knowledge of the sea I yet felt no danger, but had a desire to know what that was. From the aft part of the boat I made my way in the darkness to the forward, for there was no light on the deck, and on going a few -steps I was again shocked with another staggering blow to the boat. Proceeding, I came to where the captain was -standing not merely steady but sturdy in the boat. My -confidence yet remaining, I ventured to ask him what all that meant, but he kept his position, and answered me not a word. I had previously noticed that the captain had

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considered it his duty to sail the boat, and not to talk to the passengers. Yet on an important occasion like this I thought he would feel his obligation to disseminate useful information, but he did not. Just then we had a third shock, and almost immediately the captain changed his po sition and demeanor. I did not know till the danger was passed that we were on the breakers. The next thing in order after being stricken by one of those waves, was for the boat to strike the bottom, go to pieces, and the passen gers to fall into the sea. I have since always thought highly of the pluck and seamanship of Captain King. Is the charming little boat yet preserved and is Captain King yet living, and willing to take her on a dark .night full of passengers over the St. Johns bar?
About eight or nine oclock we arrived at Jacksonville,, and I domiciled myself at what was the largest hotel in thecity, but Jacksonville then had a population of about three thousand only. The hotel was an old-fashioned wooden one, such as at the same time we had in our Georgia vil lages. The sidewalks were of plank, and the sand in thestreets was general and deep. The next day was sunny, mild and beautiful. About 10 oclock in the- morning thesick of the hotel, who could, came out to sun themselves nncl breathe the fresh air. There, were all kinds, of poor consumptives from those in its first stages down to those who could last but a short time. There had been a death in the hotel during the night, and two more invalids past rising or recovery. I looked around, and concluded that this was no place for one to recover from chills and fever, and resolved to return on the first boat. Things are far different there now. There are many splendid hotels patronized mainly by persons of health and wealth, and Jacksonville has grown to be a city sure enough with her 15,000 to 20,000 inhabitants. The landlord of the hotel

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had a name familiar to me it was Buffington. He was a son of the Buffington who kept a hotel for so many years at the capital of Georgia. He and his house were famous all over Georgia. It was there that Gome of Bulloch, arid Cone of Camden, were entertained while so long members of the legislature. There reposed Swain of Emanuel called Governor Swain governor because Emanuel was such a large county, with a population willing to be gov erned by Swain. A large per cent, of them were his kin, and it is said there were enough to keep the governor in the legislature. Many are the jokes about Swain and Buf fington, which come down to the present time. Both are long since dead, and it may be doubted if there is one of Buffingtons old patrons now living. All named were use ful and prominent of the olden time.
I was more than compensated by my trip to Florida in having met there, a guest of the same hoiise, William L. Marion of ~New York. He was there with a son a youth. of twenty summers. He had incipient consumption, and died of the disease within two years. The young man came into his fathers room, looking the picture of health. He had been hunting ducks, his feet were wet, and he changed his shoes and socks. I thought it strange to thus voluntarily wet his feet, and he threatened with consump tion. Erom this and his appearance, I doubted his dis ease, but it took but a little time to tell the same sad, sad old story of death for the "young and strong."
Governor Marions career particularly as governor of the great State of New York, and Secretary of War in President Polks cabinet during the Mexican war, made him a very interesting character. The fact, then well known, that he had been selected by the President-elect (Pierce) as his Secretary of State, and to thus aid him in the selection of cabinet officers, made him yet more inter-

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esting. I was surprised to find him so plain a man. His

clothes were of substantial but inexpensive texture. Noth

ing he wore seemed of the prevailing fashion, but just se

lected because they suited a plain sailing, unpretending old

gentleman. JSTot knowing him, I should have taken him

for some wealthy Georgia or Florida planter of the interior.

In size and appearance he reminded me of General Bailey

of Jefferson county, Florida. There is an old joke on

Governor llarion, who. being on business for the State, had

his breeches patched and charged the amount (half dollar)

to the State in his bill of expenses. He looked to me just

like a man of economy enough to have his breeches patched,

of such strict business habits as to charge it, and then in

tegrity enough to report the true amount. I could not

realize that that large, bony, brawny man before me was

the distinguished Governor of New York, Secretary of

"War in the past, and to be a Secretary of State in the very

near future. No cabinet officer in the history of the govern

ment since "early years" was so distinguished in his high

ij t/

o

D

office. His correspondence with General Scott and his

Hulseman state paper are documents that will live in his

tory. To myself, personally, I esteem it fortunate that I

saw and conversed with this great American, and that ex

perience in such cases was reversed, for I found him greater

than I imagined greater, that one of his greatness could

be so plain and natural, just like hundreds of other good

and plain men, without intellectual endowment or achieve

ment. Among his first questions were who were the pas

sengers from the North. I named such as I could remem

ber. When I named J\Ir. Lamed from Detroit he mani

fested much pleasure, and said promptly, "He is my kins

man. The L in my name is Lamed." This Mr. L. is a

lawyer of fine ability, but he had a near kinsman, the Rev.

Sylvanus Lamed, a very gifted divine, who died at an early

age, while pastor of a church in New Orleans.

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As I said I would, I took the first boat back. When fairly on the route I heard fiddling and dancing on the lower forward deck. I went below to hear the music. To my horror I found 011 the same deck two boxes of such size and shape to at once suggest their contents. They con tained the dead bodies of two who went to Florida for their health, and there found their death. Leaving home alive and full of hope, they were returning dead. The land of health and flowers brought no balm to them. The grim monster was there, as everywhere. The contrast between the dead and the hilarity of the steerage passengers was sad to the uttermost. It is useless to comment. Such is life, and a pity it is that its exigencies are such that often proper respect cannot be required for the dead.
"We again touched at St. Marys on our return. I early entertained a great regard for that old town. In my youth I was pleased to hear of Captain Haley and his revenue cut ter, of the old lawyer patriarch, Archibald Clark, and of Dr. Curtis. It was the scene of a deep tragedy -when I was a boy a tragedy that made a commotion from Savan nah to Palatka. It was the homicide of Thomas Hardee, a gentleman of middle age, leaving a wife and many chil dren. He was a brother of General and jSToble A. Hardee. A short time after his death I saw in Savannah two of his daughters, then young ladies, dressed in the deepest mourn ing. The sight of them, knowing how they had been be reft of their good father, made a permanent impression upon my youthful heart.
At Brunswick there were many barrels of oysters on the wharf. They had accumulated because unsalable. Early in December, 1852, it was discovered that the oysters, both of the lower Atlantic and the Gulf, were diseased. Eating them made numbers sick and proved fatal to many. There were so many eases the disease was call the oyster

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cholera. It resembled tlie Asiatic cholera. It was supposed to have been caused by the unusual amount of fresh water suddenly emptied into the sea by a tremendous freshet in the Georgia rivers. For instance, the Ogeechee was so high as to submerge the Central railroad, at dif ferent points, for thirty miles above Milieu. Several se vere and a few very sad cases occurred at JSTewton, Baker county. A steamboat from Apalachicola touched there with oysters. The superior court was in session. Judge "William Taylor, of Cu.th.bert, the presiding judge, and his wifes cousin, Colonel Littleton Brooking, a wealthy plan ter, partook of them, went to the latfcers plantation that night and the next day both of these illustrious citizens were dead. Shocking was the catastrophe, and loud were the lamentations.
And here the facts and comments of my trip to Florida thirty-two years ago must end. It will be perceived I have used it mostly as a thread upon which to string beads of in cidents. I hope the reader may find a pearl or two in the collection.

The progress of events, or the "gnawing tooth of time,"" have finally disposed of all; there is mot one hotel ex tant now which had a name and fame in Savannah fifty years ago. The efforts to Construct a new and a first-class-hotel of sufficient capacity at the cite of the United States Barracks reminds me of your three first-class hotels; but one in its entirety was originally built for a hotel. That isthe Marshall House, which, fifty and more years ago, wasMrs.Batteys boarding-house, and the old part of the Screven House was Mrs. Platts boarding-house. These were twoof the many really first-class boarding-houses then fl.ou.rishing in Savannah. Mrs. Battey and Mrs. Platt were well known and highly esteemed ladies of the city, and theirhouses were the homes of elegant ladies and gentlemen. The first named was the mother of Alfred M. Battey, a West Point cadet or graduate, who afterwards became a Methodist and died at -an early age. Mrs. Platt was an aunt, of Rev, Dr. Platit, an eminent Episcopalian clergy man. She was a lady of imposing presence and would attract attention wherever she might be. I give theseladies particular mention because first-class hotel accommo dations were then quite limited, and citizens and strangershad to have recourse to boarding-houses. The two named were the most central and prominent. I suppose, in the course of nature, both of these useful and admirable ladieshave long since "rested from their labors," and are now en joying that happiness which is the reward of the faithful.. I never saw Mrs. Battey as I can recall. There was a.

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memorable event connected with her and her house. The house was that part of the Pulaski that was called the "ladies ordinary." From there to "WMtaker street, on both sides of Bryan, there were wooden houses. In the house, a large wooden one, on the northeast corner of "WTiitaker and Bryan, a fire broke out on Christmas Day, 1833. It was about noon. Great preparations had been "made for an elegant Christmas dinner. But that was one of the very few instances where a fine dinner was pre pared that, in common parlance, "never came off!" It was, of course, a great disappointment, but there was abun dant consolation in the fact that the house and most of the furniture were saved if the fine dinner was lost. That was really one of those occasions at a fire we sometimes hear of, where fine furniture was thrown from up-stairs to meet the same fate it Would have received from the fire that is, destruction. 1 will not assert that the traditional lookingglasses and other glass or crockery were so thrown, but I will assert that the servants and others were so wild and panicky as to have done it. It was said it was done. As it was Christmas day, it may be that beginning with eggnog early in the morning, and taking other drinks appropri ate to the time of day, may have added to if it did not pro duce the demoralization. It at least furnishes a fact for .a prohibition argument.
At that time the only two hotels in the city were the City Hotel, on Bay street, between Bull and Whitaker, and the Mansion House, on the northwest corner of Broughtoa and Whitaker, fronting on the latter, and extending to the lane. The first named was a small brick structure; the latter was a large wooden one, with double piazzas tihe full length of the house. The City Hotel was moat patronized by the wealthy and refined, and the Mansion House bv

MEMORIAL.

IT

those less so. They were bdth for a period tinder the pro prietorship of Oapt. Peter AViltberger. He then had a monopoly in the hotel business at Savannah, which heretained for many years. Later he bought the property from the northwest corner of Bull down to and including Mrs. Batteys boarding-house. He put one or two storieson Uhe part from the latter named to the corner, and upBull street to the lane, and called it all the "Pulaski House." There were two dining-rooms. The one on the west end he called the "ladies ordinary," the one on the east end "gentlemens ordinary." Afterwards he relinquished the Mansion House, but I think for some time he managedthem all. He kept up the City Hotel for some time, but aristocratic headquarters became changed from the City Hotel to the Pulaski House. Nevertheless, the foundation of Captain Wiltbergers fortune- was made at the CityHotel, and for hospitality, good cheer and conviviality, I doubt if the more pretentious Pulaski ever became quite equal to the jolly little City Hotel, under the management of Captain Wiltberger.
Savannah then had only a population of seven thousand. The extreme southern limit of the city was the north side of Liberty street, but the lititle city had a monopoly of the sea-isla/nd cotton, rice and lumber trade. The wealthy planters of the Savannah (on both sides), the Ogeechee, the Altamaha, the St. Ilia, and the St. Marys rivers and the sea islands, to tihe Florida line, very liberally patronized the hotel. There were large numbers of wealthy young men from the city and from the counties of Bryan, Liberty, Mclntosh, Glynn, anl Oamden who passed a large portion of their time at the City Hotel. An important feature of the hotel, as heretofore of all hotels, was the bar, where were dispensed a great variety of delicious but intoxicating;

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drinks. These we may call the bane, but the antidote was near; in a dorr or two at the comer of Whitaker was Ryer. sons drug store, and the transition from one to the other as choice or necessity required, was easy. Ryerson Avas called by his friends Tom, and it is to be supposed he was a good social man, who made a large profit out of Peter "Wiltbergers refined and accomplished guests. Besides the wellknown drugs useful in such cases, he had mineral waters most abundantly Congress and soda. The soda-water brewed by Tom Ryerson was very fine. It was the finest ir the city. It was the finest in the whole country. So fine was it, it had, like all other celebrities, animate or in.animate, a national reputation. The mere memory of Tom Ryerson.a soda-water to a man who has ever experienced the luxury of drinking it is better than actually drinking some of the stuff that now goes by that name. The old .men drinkers of soda-water of Savannah will tell you there is no soda-water now as good as that Ryerson made. The art he had must now add another to the list of lost ones.
A few old citizens can now recall the many wealthy, stylish and accomplished young men who passed the most, or a large part, of their time at the City Hotel. They largely helped to make Peter Wiltberger rich. "With a little study I could name a dozen, perhaps twenty, the most of whom died the early death that ends a fast life. Then there were older, steadier men business men who went North in .summer, and passed the business season in Savannah. They were northern men, sometimes called Yankees. The large majority of the merchants then of Savannah were either IS! ortherners or foreigners. Among the former there can be found no better style of men than Loami Baldwin, Elias Reed, Elias Bliss, George Hall, John W. Long, Wilson .Fuller, Moses Eastman, Jonathan Olmstead, Otis Johnson,

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79

George Newhali, Isaac "W. Morrell, the brothers Weed, Thomas liyerson, D. B. Nlchols, Samuel Philbrick, John M"allery, and many others whose names do not just now occur to me, but who, after living honest and useful lives, have gone to their reward. These men were born and reared before what is called progress had evolved the -isms which warp mens minds and mar their peace. There is nothing now left to show where the City Hotel stood, and it has not been destroyed -by fire or other agent of destruc tion. [This building is now occupied by Kayton & Her man, A. Haas & Bro., and Smith Bros. Ed.]
The little gem of a hotel, like some conspicuous military officer, has been reduced to the ranks, but, unlike the offi cer, for no conduct "unbecoming an officer and a gentle man." It has simply been used and cast aside for a more pretentious rival. Its epaulets and sword and sash have been removed, and it stands in the ranks until no one can tell from observation where the hotel began or ended. It lias been put to common uses, sadly in contrast with the high life which once made it the abode of the grand and lovely of the land. If these old and stained walls could speak, what stories they would tell of a time when there was no gas, no steamships, no railroads, no electric wires, no percussion caps, no lueifer matches, no tramways, but also when there was no adulteration of food and medi cines, no speculation in the necessaries of life; when there was but little fraud, trickery and dissimulation; when friendship was not entirely a name, and when some men and women could be found who "loved their neighbors as themselves."
Capt. Wiltberger moved his headquarters to the Pulaski House and made it famous among the hotels of the South. He owned the building, the furniture, every equipment,

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MEMORIAL.

and all his "men and maid servants." Perhaps he was the only landlord in the nation who did. It was a grand piece of property, and was managed with clock-like precision. In. his earlier manhood he had followed the seas and com manded a merchant vessel. To this vocation he probably owed his success as a caterer to the tastes of the refined. He was a very large man and had a very large wife. Their joint weight must have been five hundred pounds. This large, fine-looking couple had just one child a boy; and a boy of delicate health & boy reared like a girl is reared. The parents both died, and left their handsome property to this boy, then grown to manhood. He was managing the hotel wel] when the war came. The result took away the old servants the house was no longer like itself and the young master died. And thus the Mansion House, the City Hotel and the old-time glory of the Pulaski House. with that of their master and his feeir, have passed into history. The world about Savannah comes and goes, but few know, and the many neither know nor care, about the history.
The Marshall House is of comparatively recent date. It is the only one of the three large hotels originally con structed as such. It is worthy of remark that a woman is entitled to that credit Mrs. Marshall, the wife of Col. James Marshall. On the site where it stands there were many houses. Among them was Mrs. Sfebbinss board ing-house, another of the well-known, and highly esteemed1 boarding-houses of the city. Mrs. Marshall is not merely entitled to credit for this, but for building in various parts of the city fine buildings in place of the old, many of them small and dilapidated ones. I had the opportunity when a boy and a youth of knowing the .old, and there fore I can better appreciate the new. Mrs. Marshall was &

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wonderful woman. As far back as I can recollect she at tended in person to the renting and building of her houses. This "would not have been so surprising if her husband had not been a good business man. But he was, and vet the wife took upon herself the management of their vast estate in Savannah.
SOAV Savannah has a new and large hotel, and thus keeps progress with her growth from seven thousand to forty thousand of population. "Down the corridor of time it too will have its history, for then it will be old, and the children of to-day, and those not yet born, when on the sunset side of life, will relate their memories of it, begin ning with the fact that it was once the site of the United States Barracks. But it will not acquire the fame of the
City Hotel and the Pulaski House in ante-bellum days, until this, our new civilization, shall equal the old in its men of honor and valor, and in its women of virtue a.nd refinement, which will take a long time, and then I doubt if it will ever be.

Fifty years ago tlie high schools of Georgia . /ere limited to the few academies of a few counties, and the colleges to the single one of Franklin, at Athens, now the State Uni versity. The academies of the low, or seaeoast country, were those of Chatham, Effingham, Liberty and (Jlynn counties. To obtain a collegiate education at that time in Georgia, "boys had to travel by stage or private convey ance more than two hundred miles to Athens. The preference of many over this way was to gO by sailing ves sel to 2vew York or Boston, and enter Prineeton, Yale, Harvard or Brown, there being then neither railroads nor ocean steamships. In a few instances they would sail di rect from Charleston or Savannah for Liverpool and enter one of the English universities. It often took longer then to make the voyage to 2few York or Boston than from either of these cities now to Liverpool. We were then not blessed with the home institutions of learning, nor with ifche means of rapid transportation which came much later. The consequence of these disadvantages was, that few boys went to college, and those who received what was called an academic education were considered fortunate. Many of the brightest minds in the State could not even reach that, and had to be -oontemt with private country schools,, generally called "old field schools." The improve ment in educational facilities within the last fifty years is only excelled by the many scientific and other useful in ventions within the same period. It is worthy of remark

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that the inventions and improvements which render the present era so Conspicuous above all others in the worlds history have occurred -within the last fifty years. The last half century has been blessed as the harvest to the seed-time of all the preceding centuries. When in the future there shall be a harvest of the present seed-time, the imagina tion of the most learned cannot conceive its glory. Judg ing the future by_ the past and present, it seems possible that men may yet work out the origin of matter, and in this unlock the grand secrets of nature.
The low country academies named being within the Georgia of the Revolution were endowed by the proceeds of confiscation, and amercements of the estates of British, loyalists. Our revolutionary ancestors thus showed their appreciation of education. From the general loyalty of Georgians to the colonies, the sparse population, and the non-accumulation of wealth from th!e newness of the country, one would suppose but a email sum of money could have been raised from that source, but when we consider that the few British loyalists were generally men of wealth, the amount will increase in our estimation. The most notable of these loyalists were Governor Wright and Lieutenaiit-GovemOr G-rahame, both of whom owned large and valuable property.
Chatham Academy, in 1831, when I was first a pupil, was, for the times, a grand institution. The building was a large and imposing one, and of a style of architectoe that gives it to this day an air of consequence and gen tility. The principal of the Academy was Rev. George White, a native of Charleston, S. C., and there were five or six assistant teachers, each having his own room, and the number of pupils, both male and female, were about 250, Of the boys and girls in Savannah, old enough to go to

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school during the time of Dr. White a,t the Academy, those who were nott his pupils make the exceptions. These were of all ages, sizes and sorts, from the children of the lowly up to those of the aristocracy. Dr. White was a rigid but excellent disciplinarian and managed that large institution of teachers and pupils with almost military precision. He was an industrious and faithful teacher. His first rule in teaching Was to -give his pupil a good foundation for an education, and to this end he practiced them often "in the three Rs," even when they had progressed to advanced studies, so they would not forget. His next was to have all his pupils excel in reading and elocution, and to teach the boys military tactics. If a. boy left Dr. White, after study ing under him long enoiigh, and was not a good speller, reader and declaimer, then the faculties were not in the boy to be gotten out of him. He had a room of his -own, and then gave his personal supervision to every other room, and never permitted a teacher to chastise a pupil. He knew personally every pupil, his order, name, advancement and disposition. His fault was in using the rod, or rather the strap, too often, but seldom severely. Dr. White, was a believer in Solomons maxim of "spare the rod and spoil the child." So were all the teachers of that day, and com pared with some, Dr. White was moderate. It is a saying that that maxim makes Solomon responsible for a great deal of cruelty. It can be said in behalf of Solomon, it is not his maxim that has done the mischief, but the misapplies-tion of it. Solomon meant it would not do to spare the :rod, when nothing but the rod would save the boy from spoiling. Because the rod in oases of necessity must be used, he did not intend to use it in every case. Later in life Dr. White took this or gome similar view of Solomons maxim, because he changed his tactics, and expressed Ms

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regrets for having placed such a strict construction upon the maxim.
It must also be said in favor of the doctor that he was too "gallant to strap the* girls. With them he resorted to the "fools cap" and similar methods. As Solomon was not only a gallant man, but a man of gallantries, the doctor seemed to think his maxim was not intended for the girls, but solely for the miserable boys. On one. occasion a girl was sent by her teacher to Dr. Whites room for punishmerit. She was a little beauty that all the boys loved and the doctor too. He either felt she deserved extreme pun ishment or he desired her to escape any punishment, So he inquired what boy would take a "whipping for her. Many were ready for the sacrifice, but Milton Lufburrow was the quickest, and he won the honor. The little beauty was Miss Valera, one of the daughters of Captain Merchant, of the "(J. S. A. I remember he- had three daughters and one son at school. Where -are each and all of them now? On earth or in heaven?
Dr. White is the author of the "Statistics of Georgia" and the "Historical Collections" of Georgia. In these works he has done most valuable work to the people of the State. He has placed the prominent parts of the States history in -a shape to reach the masses, and every Georgian should be grateful to ihim. Like most book-makers in Georgia, if he is not compensated with gratitude has pay has been small, for I have no idea lie has been sufficiently paid in either coin or currency. About thirty years ago the doctor gave up teaching to devote himself exclusively to the ministry. For the last twenty-five years he has been the rector of Calvary parish at Memphis, Term., where he yet is. He must be one of the best readers among minis ters of his denomination, and oneof the most eloquent

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MEMORIAL.

clergymen. The fact, that he has had a large and wealthy parish so long is Conclusive evidence of his qualifications in every respect. The life of man is three score years and ten, and by reason of strength, four score. Dr. "White must have reached and passed the latter point. How much T shall not speculate, lest I make the doctor too old, for the world is apt to lose its interest in an old man, and if it takes my say to make the doctor an old man, I shall not say, ex cept in his wise, that of the number he has taught, and he has taught enough to populize a good sized city, he has out lived nearly all, and there are some who, if living, would be the "three score and ten" and more, Such a constitution as his is rarely given to poor mortals, and what makes his longevity the more remarkable is he has passed nearly all his existence in malarial atmospheres. He has lived through two or three epidemics each of Asiatic cholera and yellow fever since h has been in Memphis. He has stood to his post like a Christian soldier, and comforted the sick and buried the dead when no one was able or to be found. The destroying angel visited his own household; bore off his own sons; and for them he had himself to perform the ceremony of Christian burial. A fact perhaps yet stranger than the doctors longevity in the midst of so much -danger, is, that his wife, his first and only wife, has been spared along with him. Occasionally only is there a couple able to celebrate their golden wedding. There are but few persons who can of their own knowledge name a couple who have been mar ried sixty years. This couple must have been married at least sixty years. The wealth of memories they possess must be lost when they die. In after years some chroni cler of past events must refer to them and to their lives as worthy of much more than ordinary mention.
I have said Dr. White as a teacher had only -one fault.

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In that I may be mistaken. Perhaps lie had another. About this there can be a difference of opinion. If it shall be decided a fault, it was one that showed the kind side of his nature. The fault was that of partiality. It was more than partiality. There were two boys who were his pets. For these two boys Dr. White had the aftection of a father, a teacher and companion combined. So the other boys thought and said these boys suffered very little from Solomons maxim. Either they did not deserve it, or the boys were uncommonly good rather too good for . boys this side of heaven. Their names were Dalton Sharpe and James Courvoisie. I have no doubt Dr. White of kite years has often dropped a tear to the memory of these boys. He took much pains in preparing them for college, and when the time came for them to leave he traveled all the way with them to Athens, and entered them in person. Such an interest and devotion is not often man ifested by teachers. Sharpe was a hard student, with a quiet, gentle manner. Courvoisie was bright, genial and humorous, and one of those boys who could get a lesson by looking at it. Alas, both of these boys are now in "the spirit land," while their old teacher and friend is yet in "this vale of tears. Sharpe, after graduating at one of the medical colleges of Philadelphia, went to Paris to Com plete his medical education. In this vortex of fashion and folly he was taken ill, and. returning home, died in 1850 at J\Iuir Hall plantation, and was buried at White Bluff church. This was some forty years ago. He was the only son, and, I believe, the only child, of a small, reserved and gentlemanly man, who was made somewhat conspic uous by his large gold-rimmed spectacles. He was the superintendent of one of the large rice estates on the Savannah river. Courvoisie, as so many know, lived up to

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this side of the war. He was. long -an officer -of the Central Railroad Company, and was sent by that corporation to communicate with Mr. Wadley, then in Louisiana. On that mission he contracted in the swamps of that State malig nant malarial fever, and died at New Orleans on his re turn. His remains were brought home and deposited in Laurel Grove cemetery.
I went to school to Dr. "White from my seventh to my tenth year. About two-thirds of that time my walk to the academy was from about Montgomery down South Broad street. Among the boys I can remember whose habit it was to trudge along the same street to the school were Ben and Tom Lloyd, Levi and Julian Myers, Robert and Palmer Griffin., Lewis and William Davies. Those named are all well-known to the present citizens of Savan nah, except, perhaps, the Davies brothers, who left the city many years ago. They were the grandsons of Judge Davies, of the old law firm of Davies & Berrien. The elder (Lewis) is now a most worthy and beloved member of the North Georgia Methodist Conference. Of Wil liam I am not informed, and know not if he is yet living. This brings me to treat of some of the boys of Chatham Academy, whose after lives were from some cause of more than ordinary interest. Those named, except one, are either living or dead within the memory of most of your citizens, and therefore to discourse of them would be super fluous. That must be reserved for another article, that this one. already long, may not be iburdensomely so.

Some of the Schoolboys.
One of the boys who walked the same streets I did to the Academy was Robert H. Griffin. While a juvenile schoolboy there was nothing, as I remember, to distin guish him, except his size beyond Ms years; but as he grew older his mind and scholarship grew also, until he was ranked among the smartest. As a boy and youth he did not look forward to one of the learned professions, and when quite young he left school and entered the countingroom of George W. Anderson & Brother to prepare himself for first-class mercantile life. "While thus employed the intensely exciting -presidential campaign of 1840 came on, which allured him into politics on the Democratic side, and, as a result, to prepare himself for the law. At this time Mr. Griffin was a perfect specimen of the handsome physical man in form and feature. His oratorical efforts were of the first order, and he edified and delighted his audiences. His. intellect was of the solid as well as bril liant kind, which, complemented by his handsome person and grace of manner, gave every promise of a most useful and distinguished career as lawyer and statesman; but alas! to use a common figure, before the beautiful bud had .bloomed into the full blown rose, it withered and perished. Before Mr. Griffin could fulfill the promise of his youthful manhood death cut off all the hopes and pros pects of himself and friends, and he has lain in his grave for many years. His name is inseparably connected with that of his friend, patron and admirer, the late Hon. John "W. Anderson, who was so much honored and beloA-ed by all classes of citizens.
***********

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As there are so few men who for any cause are worthy of mention above the "seething masses," so it must be with, the boy who is the "father to the man." Looking back to the many who were Dr. "Whites pupils during my time at his school, I can recall but few who come within the pur pose of these articles, although I can remember many who made most worthy, and some distinguished men; and yet whose lives are without any romantic or dramatic incident to mark them. Yet there are a few it should be interesting to note. Dr.ring my time there came to the school a, large boy whose education had been neglected. As a result he could not be classified, unless he was put into the classes with little boys. Every boy knows with what disdain the little fellows look upon a big boy no farther advanced than themselves, and how awkward the big boy looks, and how mortified he feels to be among the little ones, especially where there is "head and foot" and a little boy turns a big -one down. This big boy was permitted to recite alone. Dr. White seemed to have a tender regard for him. The mo tive for it I do not know, except that which might arise from what was apparent his modest demeanor, his low scholarship and his large size. His clothing was of the plainest kind, and his whole appearance suggested that he was neither rich nor of high social station. He associated little, if any, with the other boys, and was intimate with none. He was shy and reserved to the point of isolation. There was that about him which makes a misanthrope of many natures. He was badly lame in one leg, and the limp it necessitated was not of that sort that made the possessor more interesting. After awhile he came no more to school. Why I know not, nor did any one else seem to know. We just missed him, and, perhaps, supposing he had only come to school to improve his education that he might be better prepared for the common business of-life, we

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thought no more of him. It came to pass afterwards that I left the school and went to the Worth, and returned to continue my academic course ait Effingham Academy. This was located at Springfield, the county site, where, of course, the counts of the circuit and county were held. Going into the court-room at May term, 1837, some five years after the large boy referred to had left Dr. Whites school, there was a ruddy-faced, well-dressed, refined look ing young man addressing the court in a very earnest, fluent and attractive style, having just enough of the brogue: to give zest to his enunciation. It did not take me long to discover that the young lawyer and the plain-looking lame boy I have been describing were one and the same person. In the meantime he had gone elsewhere to pursue -his studies, including that of law, and had been admitted to practice. The case he was arguing is reported in R. iVL Charltons Reports, page1 542. John Duggar, Jr., had by his will directed that certain slaves of his should be sent out of the State to some place where they cmild be free. The court of ordinary refused -to probate the will because contrary to the laws of the State touching the manumis sion of slaves. The slaves found a friend in Mr. Henry Eoser, of Savannah, who employed the young attorney tc secure them their rights, and he succeeded in so doing. It had been the general opinion of the bar that such a will was void, but Judge Ii. M. Oharlton, the then youngest judge in the State, at the instance of perhaps the youngest attorney at the bar, decided againslt that general opinion and in favor of the liberty of the slaves. The Georgia judges in convention rendered the same judgment in a similar case, and since our State Supreme Co^unt has af firmed that ruling in many cases. That decision made reputation for berth the young judge and the young law yer. The latter immediately entered on a successful

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career -at the bar, but 111 about three years from that date ho was dead. At the time of his death he was the partner of Hon. Joseph "W. Jackson, a gentleman universally esteemed as "the very soul of honor." It is mow needless to mention the name of the big boy at Dr. "Whites school, but as the lawyers say, it had better be done "to completo the record.." His name was Nicholas Marlow.

"While Dr. White was the principal of Chatham Acade my he had a military company formed from the boys of the school. When I went there Henry Long was the cap tain a fine, manly-looking boy of the blonde type. He was a younger brother of the late William H. Long. It came around that he left school to go into commercial busi ness, being then nearly or quite grown. That made it necessary to elect a new captain. George Taylor, another large boy, was the first lieutenant, and by custom and seniority he was entitled to the captaincy; but there was a private, a handsome, stylish, generous boy, who was very popular. His name was James Jones Taylor, a son of Gen. Robert Taylor, one of the wealthiest men of the State. He became a planter in Early county, Georgia, and there dLd some thirty years ago, leaving a widow and three children, who yet survive. He was voted for and defeated George Taylor by one vote. Mortified at such treatment, George surrendered his commission and was no more a member of the company. It was not long until he received the ap pointment of cadet at the United States Military Academy, and I saw him no more for many years, but knew he gradu ated and was commissioned as leutenant of artillery in the United States army. He fought through the Mexican war; was a gallant officer and came out of the war with the rank of captain. It took a sub-lieutenant then a long time to attain the rank of captain in the regular army. George

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was not a brilliant or demonstrative man, but a man of solid sense, conscience and duty, thoroughly reliable and a perfect gentleman. In December, 1852, full twenty years since I had seen him, and not knowing then where he "was stationed, or what were to be his future movements, I was a passenger on the steamer Gordon (outside passage) from Charleston to Savannah. My attention was soon drawn to a gentleman in citizens garb and no sign to point to a military position. He had no acquaintance among the passengers, nor did he evince any desire to have any. There was something about the face that strongly impressed me I had seen it before. I tried at intervals of three or four hours to locate him. It seemed I never would, when suddenly, as if by inspiration, it came to me that the face was that of George Taylor. It then became a serious question whether I should venture to speak to that re served and dignified gentleman, who seemed to desire to .know no one. I finally "mustered the courage" to ask his pardon for inquiring if he was not- Capt. George Taylor, of the II. S. A. He admitted he was, and in the course of conversation said that his regiment had been ordered to California that they had to take the long voyage around and through the Straits of Magellan, and he was going to Maeon, Georgia, to take farewell of his fathers family.
As the sun was setting the steamer reached the dock. He went his way and I went my way, and I heard no more .of him, perhaps thought no more of him, until a short, time thereafter, within a month I think, the news went through the whole country, with lightning speed, that the steamer San Francisco, bound from New York to San Erancisco, carrying about 300 soldiers, with their complement of officers, accompanied by their families, was wrecked in the Atlantic Ocean, and that there was a fearful loss of life:, inchiding men, women and children.

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In this catastrophe Gapt. George Taylor, of Georgia, while scarcely forty years of age, with, his entire family, consisting of wife and children, ceased to exist forever in this world. The same was the case with many other offi cers and their families, including Colonel Washington, the commander of the artillery regiment. In a storm the upper part of the ship parted from the lower, and all who were in the upper perished. Major Merchant, so long sta tioned in Savannah as Captain. Merchant, was among the saved, as w^as also the captain of the ship. The latter (Captain Atkins, I think) was saved only for a time, for afterwards he lost his life in the China seas.
The San Francisco was a new, large and splendid steamer. She was selected for her size, staunchness and appoint ments, and for the reputation of her commander as an ex perienced, skilled and heroic seaman. Such precaution was used by thoughtful, prudent men to transport this precarious cargo of human lives and property, and yet there must have been a flaw in the construction of the ship, or in the lading of her, that evaded human investigation and foresight.

Savannah fifty years ago saw nothing of interior Geor gia, except the people of the surrounding counties. She was much better acquainted with Boston, New York and Philadelphia than with our interior towns and counties. The school was entirely made up of the boys of Savannah, or of the vicinity embracing the South Carolina side of the Savannah river. Consequently, the appearance at school of a boy from the up-country was an event to be remem bered, as well as a boy to be noticed. That opportunity was given in a little, sprightly, cheerful, bold and aggressive boy from Augusta. It was soon observed he was a character, and a character that could not be subdued by the home

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boys, for it was the fashion to try the mettle of every new boy. Such a boy could not be there long until he would have the opportunity to fight or back down. If he was game he was admitted into the schoolboy brotherhood. If "not, he paid the penalty as. a butt. There was no more peace or happiness for him until he changed his school. The Augusta boy I speak of was soon initiated, and was permitted to take all the degrees at once. He was some what of a curiosity for his dialect as well as the originality of his character. The low-country boys all had more or less of the same pronunciation, but here was one whose pronunciation was in palpable contrast. That boy grew to manhood in Savannah, and became one of her famous citizens. Two incidents in his life were of tragic interest. When a boy his life was saved, from the wreck of the steamer Pulaski, while all his brothers and sisters perished. When a man he lost his life in defense of the Confederacy, and is said to have been the last man killed at Columbus, Ga., just about now, nineteen years ago. The reader will recognize the boy I am describing as Charles A. L. Lamar. He was a man who became life, and life became him. So full was he of vitality that death would never be suggested in connection with him. When such men die in youth, or in the vigor of manhood, it seems it cannot be there must be a mistake; and if true, that the insatiate archer intended to take another, but missed his aim. Whenever I think of Charley Lamax, at once his twin brother with the same vitality in size, in figure, in feature, in expression and in manner occurs to me. I mean John A. Jones, of Columbus, Ga., son of Seaborn, commonly called Little Jack Jones. They were devoted friends. The Damon and Pythias of the drama were not more so. The fate of the two friends was the same. Colonel of the Twentieth Georgia, Little Jack was killed at Gettysburg. .When he

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died, as with Charley Lamar, a dazzling, brilliant light was extinguished, which should have continued to shine until the time had expired for which nature warranted it.
Here I hope I will be pardoned for an episode of a per sonal and delicate nature. "When a boy of ten years my mother sent me to Lynn, Massachusetts, to school. In May, 1831, I sailed from Savannah to Boston on the ship Panyus, whereof Moody was master. "We were fifteen days making the voyage. There were quite a number of first-class passengers from Savannah gentlemen, ladies and children. Among the later was the oldest child of the late G. B. Lamar. She was perhaps twelve years of .age, and she was going to the institution of learning con nected with the Roman Catholic convent at Charlestown, Mass. From Boston to Lynn was an open plain. One night during the same summer the household was aroused by the appearance of a large fire at or near Boston. The next day it proved to have been the burning of the Catholic convent at Oharlestown by a body of rioters, which im periled the lives of the inmates and created great excitemenit throughout the country. Where Miss Lamar went from there to Continue her education I do not know, nor have I any other knowledge of her until just four years -after, when, with others of her parents children she lost her life in that fatal "only one night at sea." Only one night at sea. It really was but a night that for so many lasted forever.

Declamation was a prominent feature in Dr. "Whiter course of instruction. Among the tiny boys, after pass ing the period of "youd scarce expect one of my age," he was fortunate who could claim "Gasabianca" as his own .property. With the boys of larger growth there was the

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same competition for "Hohenlinden," and a little further on came in "The burial of Sir John Moore." ]Sfo conquer ing hero could hare felt prouder of his conquests than a small boy who received a prize medal for exoellen.ee in declamation. There was a boy less than seven who re joiced in "Hohenlinden." He was a pale-faced, lighthaired, delicate boy, but such a voice such a declamatioiij and such manly ways as the little fellow had, it was a wonder to hear and see. Pie was a prodigy in the art of declamation. He delighted the doctor in this respect .above all other boys. If the academy had a distinguished visitor, who had never heard the little boy, he was sure to be called on for a performance. He was from the South Carolina side of the river, and his name, as I remember it, Chisholm. In this I may be mistaken perhaps it was Clieves pronounced CJtivis. I have neither seen nor heard of the boy since that I am. aware of, and it has been, fiftythree years sauce. I have often wondered what became of that boy. I should surmise he died in youtih, or very early manhood, or he certainly would have been heard from. A very little, delicate boy, with such a strong, deep, musi cal voice, and knowing how to tune it, must have made a great orator. I have lately been reminded of him in what Miss Marian Evans (George Eliot) says of the linnet that "it has just body enough to hold its voice." But per haps he was unlike the linnet, and did not have enough body to hold his voice, and like the sword in the scabbard, it wore out the body, and that he has been for many years using his voice, not for oratory, but for the singing of praises to God and the lamb in the realms of eternal bliss. "Who will tell us?

Haw JFifts Jffeats
The law courts, the court-house and its appurtenances,, the judges, lawyers and county officers of fifty years agoare interesting. My first remembrance of a court-housa was a high pile of bricks, in 1831, on the lot where the present county court-house stands, which was said to havebeen the bricks of the old court-house, torn down to build a new one. That new one is the present old one between President and York streets, having its front on Wrightsquare and its rear on Drayton street. It was not ready for occupation until some time -during the next year, but in fact my rememberance of such only dates from January,. 1833. The jail then stood and for many years later on the commons and would have been on or near Drayton street had it been built upon that far. The city properthen did not extend beyond the north side -of Liberty street. This period antedated the present United States Barracks. All beyond Liberty street, from its interces sion by Drayton, was an open plain to the forest growth on the outskirts, except as it was broken by the grim old jail, surrounded by high thick walls on -all sides, which, presented a lonely and desolate appearance.
To the right oblique, away from beyond the same point, to be seen through the small pines, was the old wooden bar racks of the United States, and about the same distance, tothe left oblique, "Fair Lawn," the home of Major "W. P. Bowen. Both of these structures relieved the view madeby the monotony of the commons and the horror of the-

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jail, with, the shining whiteness of the building and fences, through the interstices of the evergreen trees. The site of the old jail (as informed) is now occupied with the man sions .erected by Octavius Oolien and Andrew Low. The present jail, and possibly a portion of Forsyth Park, is loca ted where the old barracks stood. These barracks soon be came untenantable, which was at least partly the cause for erecting the new one at the junction of Liberty and Drayton. For a timei during the transition the troops occupied the theater, llajor Bowen resided for many years at Fair Lawn, and there reared an interesting family of sons and daughters. One of them was General Bowen, a West Point graduate, who, during the late war, General Pembenton dispatched with six thousand men to Port Gibson, Miss., to dispute the landing of Grant. It proved dis astrous and caused the loss of Bowens life and that of General Tracy.
Drayton street was the Savannah "Bridge of Sighs" from the prison to the place of trial, the courthouse. When a little boy I often saw the disagreeable sight of a prisoner passing along there in charge of the officer, and possibly with "dyves on his wrists." One I remember, and always shall, who was being carried to be tried for his life. The officer was mounted, and while they were en gaged in conversation the prisoner looked up into the offi cers face and smiled. To my childish mind it was aston ishing how one so situated could smile, but even I could dis cover there was sadness in that smile, which I can now see as vividly as then, and it "haunts me still." There was a phase of prison life then that has long since ceased to exist, and very few now living have ever seen. It was (that of a prisoner confined for debt. In my boyhood there was generally some one so imprisoned, if for only a short time,

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but there was one or two instances that lasted for one or more years, and there was tradition of prisoners who had endured many years of imprisonment. Perhaps even some young people have seen at intervals on Savannahs streets stones that might have served for mile-stones with the letters J. B. on them. J. B. meant "jail bounds," and that was the limit of a debtor prisoners walk, who bad given bond and. surety not to go beyond the limits. If he did, his bond became1 forfeited to his creditor, and the debt was collected out of the surety. Abolishing impris onment for debt has rendered such as that now impossible, but before its abolition imprisonment for debt had practi cally ceased. During the building of the new court-house court was held in the Exchange Long Boom. The first court I ever .attended was in that room. It was in the month of February, 1832. I had not reached my eighth year. Then there was proceeding there a. criminal trial of extraordinary interest. One of the most prominent mer chants of the city had committed homicide, and he was 011 trial for it. After tea my father went and took me with him. I well remember the scene. The judge was presid ing and the prisoner was sitting in the dock, but otherwise there was nothing to indicate an exciting trial, and there were but few persons in the court-room. The judge was seated at the eastern end of the room. Since, I infer, all; that time the jury must have been taken out for supper or other purpose, because I learned the case was submitted to the jury ait a late hour that night, and resulted in an acquittal.
The leading counsel for the prisoner was Matthew Hall McAllister, who distinguished himself by a great effort, and when the verdict was reached the friends of the pris oner took IfcAllister on their shoulders and bore him

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down to where they could celebrate the victory. This case established McAllisters reputation as the first criminal lawyer of the city, which he held tip to the time he changed Me residence, but it must not be inferred that his reputa tion us a lawyer was limited to this branch of the practice.
The judge who presided in this ease was a man whose useful, virtuous and pleasant life was spared up to a mod ern date, and, therefore, it is superfluous to say more. He was the Hon. William Law. Judge Laws first commis sion was in jMJay, 1829. His immediate predecessor was Judge William Davies. As I never saw Judge Davies it is to be presumed that just before this he either died OT moved from the city. I think he resided at some time of Ms life at Milledgeville, or vicinity. Judge Law remained judge of the eastern circuit until ISTovember, 1834, but it so chanced I was seldom in his court. He was succeeded by Hon. John C. Mcholl. During Judge jSTicholls short tenure on the bench of the State Court, though yet a small boy, I was quite often, in his court, both in Chatham and Effi.ngham counties. He was a serious, stern-looking man., with a strong voice, and I was afraid of him. When I got to be a man and a lawyer this awe of him to some exten*, still remained. During his official career as judge of the United States District Court, I had occasion to appear in Ms court as sole counsel for the plaintiff in a ease of some importance. The defendants counsel were sure of gaining the ease, and two or three friends of ability and experience at the bar had given me their opinion that that must be the result. I found a case to sustain me in the Eleventh Johnsons Kew York Reports, and felt very confident I ought to win, but felt uncertain as to the impression I would make upon the judge. The parties in the ease I cited were Erastus Root, gentleman, v. Elijah Beardsley,

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gentleman. It was decided as far back as 1811, and in these democratic times suoli a statement of the parties would be entirely out of order. It gave me an opportu nity for getting off a little humor, but how would so rigid a man as Judge ]STicholl take it? Should I "be fined or reprimanded, or both? But, I could not resist the temp tation, and so I said: "Your honor will perceive this case sustains my suit, and it is no common ease, but was a con test between gentlemen. In such a case *he judges must have given the legal questions involved much more than the ordinary consideration. It was due the parties as gen tlemen." I was awaiting my fate, when, to my agreeable surprise, Judge IsTicholl said: "Yes, Mr. Clark, I knew Erastus Hoot well, and know he was a gentleman. I did not know Elijah Eeardsley, but I know the Beardsley fam ily, and they were all reputed gentlemen." This made me feel quite comfortable, and gave me some assurance of at least a fair chance. When the time came for the judge to charge the jury, he charged the law as laid down in Johnsons Reports, and, as a legal and logical sequence, the jury found a verdict in my favor, to the great disappoint ment and disgust of opposing counsel. The verdict was signed John E. Johnson, foreman. Through subsequent years I became better acquainted, with Judge Klcholl and found him as affable and considerate as I had supposed km the contrary. It is, perhaps, superfluous to say he was -an able jurist and noted for the extent iand accuracy of Ms legal learning. If I mistake not he succeeded Judge Jere miah Guyler on the bench of the Federal court, the father of R. E. Cuyler, and of many other sons and daughters. I often saw him in his old age when I was a boy, but never in the court-house.
In December, 1835, Robert M. Oharlton succeeded

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Judge Mcholl, and continued the circuit judge until August, 1837. He was -one of the youngest (if not tie youngest) men on the circuit "bench in the history of the State, he being only twenty-seven years of age. He remained on the bench a. short time only, for the same reason that many now remain for so short a time on the bench, or will accept a judgeship at all, viz., the meagerness of the salary. During his-judgeship John E. Ward was the solicitor-gen eral. In a few months after Judge Charlton retired Mr. Ward did likewise, and the two formed a partnership which continued for twelve or fourteen years. Judge Charlton was an exceptional man from any point- of view that em braced the good and true. He wras a lawyer and judge of the first ability, but great as that was, he exceeded it in the perfection of his private and personal character. He added to the virtues and graces of the perfect gentleman the un obtrusive piety of the true Christian. He was one of the very few men to whom the adjectives of sweet and lovely, so often used by one lady of another, would apply. The gift of poesy was his, to make yet more lovable his other gifts and accomplishments. This gift was consistent with .all his other attributes, and was no surprise to any one, as it may be of men who have it even greater than he, but in contrast, with many vices. He was also gifted with a re fined and generous humor, which was never used to wound, but always to heal or confer a pleasure. During the period of which I write the solicitors-general of the circuit were Joseph W. Jackson, from November, 1831, to May, 1833, then William H. Stiles until January, 1836, then John E. Ward until March, 1838.
Each and all of these gentlemen were personally, as well .a? by reputation, well known to me. It so happened that each of them had to discharge for the State weighty,

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difficult duties in serious and embarrassing criminal cases of the grade of felony. Joseph "W. Jackson, after having represented the State in Congress from the Savannah dis trict, occupied the circuit bench for a brief period, and died of the prevailing epidemic some thirty years -ago. He was one of the several sons of Georgias very distinguished Governor, James Jackson. He -was of a style and type of honorable and chivalrous manhood that cannot now be found. William H. Stiles also represented his native State in the national Congress, and there won renown. He be came the minister of the United Staltes government to the Austrian Empirfe. As an orator, he was noted for his faultless rhetoric and elocution, and as a gentleman for a grace and polish of manner not to be excelled. Death, too, has long silenced forever that tongue of eloquence and that voice of music. John E. "Ward was for many years a conspicuous figure in Georgia politics, and has been the United States Minister to the Empire of China. Strange to say, that these iwo solicitors-general, citizens from the same city, should have been foreign ministers from their national government. Yet stranger, that another from the same city, and who was in later years a judge of the same court, should have been likewise a foreign minister Gen eral Henry ~R. Jackson. Mr. Ward is yet living, but in the city of New York. He alone survives of the older and contemporaneous lawyers of the Savannah bar at the date of his admission. Judge Fleming, who is an older lawyer, and much older man, was afterwards a member of the Savannah bar.

l/aw^ets ffifty }J)ear8
Those whose names will follow I can recall as the mem bers of the bar fifty years ago, but, of course, of varying age, from, the old and experienced barrister down to theyoungest attorney. They were Jeremiah Ouyler, Coun sellor Leake, William B. Bulloch, Mbrdecai iSheftall, Sr., John M. Berrien, George "W. Owens, Richard W. Habersham, James W. Wayne, Joseph S. Pelot, Levi S. Delyon, Joseph W. Jackson, William Law, W. H. McAllieter, Charles S. Henry, iiCordecai Myers, George Glenn, John C. Mcholl, John M. Clark, Robert W. Pooler, William "W. Gordon, Richard R. Cuyler, Robert M. Charlton, John Millen, William H. Bullodi, Alexander J. Drysdale, Wil liam H. Siller, J. De LaMotta, Jr., William H. Stiles, George J. Kollock, Edward J. Hardin and John E. Ward.
Depending almost entirely upon memory, it is quiteprobable I have failed to recall a few of the lawyers of that period; it - is also probable that among those mentioned there may be one or two who were not admitted to praotice as early as the year 1834, but come in the next year. But, nevertheless, the names of those given are substantially the lawyers of fifty years ago, without respect to age, al though I have had some regard to that in the order they are stated. When I was a student of law from 1842 to1844, Judge Berrien and M. Sheftall, Sr., were reputed the oldest among the lawyers in practice, with a small dif ference in favor of Mr. Sheftall.
Some of those named were not in the practice nor other-

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wise employed in the line of their profession. Wm. B.

Bulloch was a bank officer. Mordecai Myers was an officer

of the city government, J. De LaMotta was an editor of

the Savannah Republican, Wm. H. Bulloeh of the Geor

gian, and Robert W. Pooler was clerk of the superior

court. Several of those named attained some distinction

in politics, and a few much distinction. John M. Berrien

was a member of the National Cabinet, and served two or

three terms as United States senator. James W. Wayne

was through several terms a representative in Congress,

.and was promoted to a judgeship of the United States Su

preme Court, in which office he died. George W. Owens,

Richard W. Habersham, Joseph W. Jackson and William

H. Stiles represented Georgia in Congress. Robert M.

Charlton was a United States senator. Edward J. Ha den

was judge of the city court, and afterwards the Confeder

ate judge of Georgia. John E. Ward was speaker of the

Georgia House of Representatives, and minister to China.

Nearly all of those named not occupying high positions

were more or less honored bv their fellow citizens with

t/



political positions of honor and profit. There are three old

lawyers I can recall who are omitted from the list of law

yers fifty years ago. They are William B. Fleming, Solo

mon Co-hen and Mulford Marsh. The reason for this is

they were not natives of Savannah, and became citizens

thereof after that time;. The histories of most of those

named are well known to the intelligent reader, and it is

only necessary to refer to them because within the scope

of these letters.

There are a few it may be interesting to speak of, be

cause they have been so long dead. Levi S. DeLyon was

directly descended from the immigration of Israelites who

:goon followed Oglethorpe to the colony of Georgia, as was

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also that oldest lawyer, Mordecai Sheftall, Sr. His per sonal magnetism, Ms fidelity to his clients, his fluency of speech, and his ability soon drew to him, both in. the city and on the circuit, numerous clients. By his professional labors he made a comfortable fortune. He eschewed poli tics, except in the line of his profession, and was a long time judge of the city court of Savannah. He had four sons and a daughter, but of these only two survive, and they are citizens of Texas Mrs. Dr. Randall, formerly Mrs. Harby, and Leonoreon DeLyon.
Richard "W. Habersham soon moved from Savannah to Habersham county, Ga. While a citizen of that county, in 1838, he was elected to Congress, and re-elected in 1840. He was a member of Congress during the exciting Harrison presidential campaign, which produced a reorganization of parties in Georgia, and he, with five others of the nine elect ed in 1838, united with the White party, being called by their supporters "the faithful six." A daughter of his, the widow, of the late John Milledge, of Augusta, G-a., re sides at Forsyth, Ga,, and his grandson, Oapt. John Milledge, in Atlanta, G-a. I never saw Mr. Habersham that I can recall. Mordecai Myers retired from the profession and all active life, and removed to his country home in Cobb county, G-a., where he died many years ago. He was the father of the several Myers brothers of your city. He was a kind, genial, .courteous and dignified gentleman. John J\. Clark lost his health, which compelled him to re tire from practice and go to the country for several years. From there, a few years before the late war, he moved to Oovington, Ga., and from there to Atlanta. He resided at Atlanta in the active practice of his profession until dis abled by the infirmities of age, which occurred only some two years previous to his death. He died in June, 1883, at

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about eighty-two years of age. He several times represen ted Chatham county in the legislature. In early life and in middle age he was a successful practitioner and a fascinatingspeaker. Those lessons of high principles he learned in his rearing he practiced to the last, and thus maintained withal a reputation for that strict integrity which no ad versity could subvert. Before he died he was one of the eight oldest lawyers of the State, which number embraced "William Ezzard. John P. King, William T. Gould, Mark A. Cooper, William B. Fleming, Ohas. J. Jenkins, and Junius Hillyer. His wife preceded him to the grave by a year or two, and they left as sole survivor their son, Col, E. Y. Clark, of Atlanta.
John Milieu lias been dead so long ago as the fall of 1843. In October, 1843, he was elected to Congress on the general ticket, and before taking his seat he died. His death at such time is the first within my knowledge, but . within the last decade Gen. A. K. Wright, of Augusta, and Col. Garnett McMillan, of Clarkesville, died between their election to Congress and their qualification. John Millen was one of the few men who are cast in a peculiar mold. He was original, and so much so, it could be said of him, as of all such men, there never was but one John Milieu. He was neither erratic nor eccentric, yet in his composition the two were somewhat blended. What was wrong in others, in him would be right. While he could scarcely be called eloquent, he was an able and successful advocate. His speeches were brief, but, without super fluous thoughts or words, he went right to the point. He cared little how he should begin or conclude an argument, but at onee plunged into the middle, and when lie was through stopped. His candor and directness gave him much influence with juries. He defended Adam and

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Bella (slaves) for tjhe murder of Warren (the master of Bella), in Effingham superior court about the year 1837, with .a zeal and ability that deserved success, but the proof was too plain by their confessions. He pledged his personal character to the innocence of Adam, the prop erty of Mrs. Hague, and obtained his respite. Bella was hung. On the gallows she exonerated Adam, and Colonel Millen obtained his pardon. Some seven or eight years after, I settled in Baker county, Ga., and there found Adam, who had been purchased by General Tarver. Guilty or innocent, he owed his life to John Millen. While Colo nel Millen enjoyed the defense of a criminal case, a politi cal speech during high party excitement was a luxury to him. In county, -city or ward meetings, he was equally self-possessed and effective. I have seen him in the big meetings in the Exchange, or the Lyceum Hall, and in the little meetings of the Fort and of Yamacraw, and at either lie was the same John Millen, readily adapting himself to the number and quality of his audience. On one occa sion I heard him say to Irishmen, he was a piece of Irish man himself, and to Germans he might have said the same. He was a Jeffersonian and a Jacksonian Democrat, and was often one of the nominees of that party for the legis lature. One of the campaigns gave rise to the refrain, "Shick, Millen and Gordon, the three hurrahs for the hickory tree." Snick was George Shick. He was a family .grocer on the west side of Montgomery, between Congress .and Broughton. He was a very large man. One leg was shorter than the other, so he wore a heavy boot with a very high heel on one foot, which he would stamp with unc tion as with a loud and commanding voice he would pro claim the democratic doctrines. His politics was his re ligion, and "prince or peasant" was alike to him. As he

MEMORIAL.
would weigh sugar or flour, lie took the opportunity to in doctrinate the customer in the virtues and policy of old Hickory, and if necessary he would have mauled his poli tics into him as the preacher is said to have "mauled grace into the blacksmith of the mountain pass." John Milieu never married. He was a first cousin ;to Dr. Arnold, and an uncle of Col. John M. Milieu, a Savannah lawyer of a late period, who fell in battle on the Confederate side. The law firm was Millen & Kolloek, now residing in Habersham county, Ga. Alexander J. Drysdale was an ardent politician of the same school as John Millen. He was a judge of the city court and several times elected a member of the Legislature from Chatham county. Hewas a small man, of symmetrical form and brunette com plexion, with a gentle and winning manner. He was a lawyer, but had no taste for the wrangles of the court-house. The Rev. Mr. Drysdale, the Episcopalian clergyman, rector of Christ Church, 2\"ew Orleans, who has a reputation for impressive pulpit reading and preaching, is his son. Robert "W. Pooler, although a lawyer, was, when a young man, elected to the clerkship of the superior court of Chatham county. It was a lucrative office. Its income, added to his other means, enabled him to live in a luxurious manner. He had his house in the city and his country-seat at Springfield. He held the office for twenty-five or thirty years. A predecessor, Job T. Bolles, held it for a long period. The people then held on to a good office for a long time. There were but few attempts to defeat Captain Pooler, which all failed, until John F. Guilmartin, a young lawyer, under some favorable circumstances, accomplished it. Captain Pooler was of Irish lineage. He was a noble,, generous, high-toned man. He was one of the democratic nominees on the general ticket for Congress in the disas-

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timis political campaign of 1840. The whole democratic ticket was defeated by some 4,000 majority. He was at his country tome when the election retains were being received. When about forty counties were heard from I was at his house, where several of his friends were assem bled. The captain made a calculation and gave up his election. His friends tried to encourage him, but he said it could not be otherwise. I was astonished to see how coolly and cheerfully he took his defeat. He got his mili tary title from having once been the commander of the "Re publican Blues." He was their captain when I first saw them in the year 1831. He took into his office, in the year 1835, Edward G. "Wilson, who was then a youth of some sixteen summers. He made an excellent clerk, and in a few years carried on the office without the presence of Captain Pooler, and was with him up to his defeat. Cap tain Poolers wife was. Mary AVayne, a niece of Judge AVayne. They had but one child a son. He married, and dying left a child a daughter. So the name of Pooler lias become extinct. It is curious to notice how many names in course of time become extinguished. To realize this, one only has to look over the names of the first set tlers of Georgia and see how many of them have entirely disappeared. In the very early years of this century there was a lawiy/ er of Savannah named Flyt/ minaO;. In the old cemetery there is a tomb to a lady of that name, who lived to be nearly a hundred. Is the name now extinct?
The only names connected with the sheriffs office fifty years ago I can recall are those of John J. Dews and George Millen. Dews moved to Southwest Georgia about 1840, and from there to Forsyth, Ga., where he died since the war. His widow yet survives, together with several sonsand daughters, among them J\Ir. John Dews of Savannah..

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Dr. George ]\lillen was the father of McPherson Millen. He was not related to Col. John Millen, but his wife, who was a Miss Dennis, was his cousin. It is only stating a fact, which is due to truth, to say that Dr. Millen was one of the handsomest men of his time.
It will be perceived I have only named the lawyers and officers of court who were of or preceded the year 1834. There are a few I can recall who came to the bar within the next few years, namely, William P. White, R. G. Guerard, Nicholas Marlow, Frances S. Bartow, Richard "W. Owens, William F. Law and Henry Preston. Then, .a few years later, conies Henry Williams, Tom Lloyd, John W. Owens, Robert H. Griffin, John H. Goodrich, William J. Bulloch, William T. Goodwin and John Bilbo.
Of the lawyers named fifty years ago, George J. Kollock .and Join E. Ward are the only survivor. Mr. Ward may have been admitted as late as January or February, 1835; but at the time he was yet a youth not out of his teens. Of the next set William F. Law is the only survi vor, and of the next John Bilbo. Thus it may be said of the lawyers admitted in or prior to 1842, there are only five living. Possibly there may be one or two more not recalled, for the human memory is not accurate, however much it may retain. Soon there will be none left of the sets named, nor even of a later date, including "myself .among the rest."

Hbe Ib Cemetery
It was on a bright beautiful day in jSTovember, 1872, that 1 found myself in the Forest City, with part of the afternoon to be enjoyed. I chose to visit the old cemetery, whither I had not been but once, for a few moments, for thirty years. Among my very earliest recollections is this sacred spot. From a child, too young to realize, until the cares of manhood dawned, I was a frequent visitor to it, and was familiar with its every feature. Since then time and distance have made it but a memory. Knowing that since 1854 it has been abandoned as a burying-place, and not keeping informed as to its condition, I had supposed it was surrendered to weeds and briers.
Imagine, then, my agreeable surprise at the smooth and spacious pavement on the south side of the street, along the cemetery to its main gateway. This gratification was greatly increased by the grass nicely cropped, and the graveled walks which greeted my eyes on entering the cemetery. Expecting the time would soon arrive when it would become a prey to the grasping spirit -of a so-called "progress," I was charmed to see that the city fathers had "held out" against it, and had added another to their many beautiful parks. It was the first cemetery I had ever seen, and although I have visited some of the loveliest in the United States, there are none more beautiful to my eves. Such is the effect of beautiful sights upon the mind of a child, and prominent among the reasons why man loves his native land, whether it is a garden or a desert.
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Equally associated in my mind with the cemetery is its first and only sexton, whom I ever knew. As I saw him then I see him now a slender, genteel old man, attired in black; whose head was bowed with age, and shaken with infirmity. He was one of the "old-school" gentlemen, now so rapidly passing away, for, to the honor of the city I be lieve it may be said, no one but a gentleman has ever filled that station. He was eminently fitted for it. 3ind to the living, he was tender and renerative to the dead. The most abject pauper had in him a mourner. He never re peated "earth to earth, .ashes to ashes, and dust to dust," Avith unmoistened eyes. This was Mr. Laban "Wright, and the year 1831. He died in the year 1844, aged eighty years, and had been a Protestant Christian for fifty years. As I have seen no other graveyard to please me like the "old cemetery," so I have seen no other sexton so good as Mr. Wright.
On entering at the South Broad street gate, I turned to the right and strolled to the wall on Abercorn street. -About midway of this walk are the oldest graves, and in consequence the oldest part of the cemetery. This I will show before I conclude my correspondence by reference to the record. Many of the oldest slabs and vaults were as familiar to me as any other scenes of childhood. I do not propose to name or describe them, for this has been done before, and they are not only wyell known to all your citi zens, but to many of your readers. But I shall mention a few, either on account of their connection with historical facts, or some other cause. On the route, strangers eyes would soon be attracted by a row of marble slabs, in mem ory of as many of the family of the late Senator Berrien.
The first and oldest is that of Major John Berrien, who died November 6, 1815, aged fifty-six years. He was

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Judge Berriens father, and a soldier and officer of the Kevolution of seventy-six. He wintered with Washington at Valley Forge fought gallantly at Monmouth and else where served till the close of the war and attained the rank of major, although a mere boy when he entered the sendee and scarcely a man in age when he left it. His firstwife was Margaret McPherson, a sister of John and Wil liam. John was aide-de-camp to General Montgomery, and fell at Quebec. William was a British officer, but surrender ed his commission, escaped to the American lines and ren dered efficient service. Judge Berrien was the only child of this marriage, :and he was bom on the 23d of August, 1781, in the State of Xew Jersey, and "in the house occupied by General Washington for his headquarters when he issued Ms farewell address to the army. "For the benefit of your readers in distant parts of the State, who are interested in -anything which concerns their renowned fellow citizen, -Judge Berrien, I will mention the other names and dates there inscribed: Richard M. Berrien, M.D., died 20th of September, 1820, aged twenty-five years, a half brother of the judge, and, I believe, the father of Mrs. Win. Duncan of your city; Eliza, wife of Judge Berrien, died 27th of August, 1828, aged forty-two years; William Berrien, a .son an officer of the United States army, who died while on duty in Florida, 2d December, 1840, aged twenty-seven; Nicholas Ancieux Berrien, infant son, died June 17th, 1817. Knowing that Judge Berrien himself is numbered .among the dead, the stranger would wonder why his re mains are not also here, and would require the information that since the closing of the old cemetery, the distin guished statesman and jurist reposes, along with his other -dead, in Laurel Grove. In the many allusions to the his tory of Judge B., I have never read anything as to the

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time or place of Ms mothers death., except that she died, when he was of tender years. A friend informs me that she died at Baisden Bluff, Mclntosh county, about the year 1790, then a summer resort, and was buried in a privatecemetery on the old Bailey plantation, since the property of Dr. Troup, twelve miles from Darien, on the old Oglethorpe road. The grave, inclosed by a brick wall, waspointed out to him by one of the old citizens of Mclntosh.
The next group of slabs, in close proximity, and as I re member in contact, which would attract attention, arethose of three Episcopal clergymen, two of whom lived. and died in colonial times, and the other very soon there after. The inscriptions make the impression that each suc ceeded the other, as the parish clergyman. They areBartholomew Zouberbuhler, died 2d September, 1776, rector to the parish twenty-one years; Samuel Frink of the parish, died October 4th, 1771; Edward Ellington, died 1795.
If any one is curious to examine the statutes of the State, he will find that the Rev. M. Zouberbuhler was the subject of the States solicitude, or rather the estate which he left Avas. This gentleman left a will devising his lands "to be nevolent purposes," but up to 1788, twenty-two years after his death, it remained unexecuted. On February 1st, of that year, it was enacted by the General Assembly that the sher iff should take the property, sell, pay debts and expenses,, and pay the proceeds to the trustees of Chatham Academy. On the 3d of February, of the next year, as Jacob and Bar tholomew Walburger were in possession <of said lands, claim ing as heirs of the clergyman, it was enacted that the trus tees should bring ejectment for them. Two years there after, on the 18th of December, 1701, the legislature, find ing that the Walburgers were "hard to handle," enacted

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that they and their sister Henrietta, the wife -of Zachariah Hoskins. should have said lands, on the payment of one hundred pounds annually, for four years, to the trustee* of Chatham Academy. Whether this annuity was ever paid by the ancient Waiburgers, or the modern Walburgers, the laws say not, and so doth this deponent. The legal mind -is here open to inquiry on two points. One is. "upon what principle did the legislature assume to execute a mans will, .and in that assumption to take the property from his heirs? And the other is, what was there about Mr. Zouberbuhlers will that made such legislation neces sary? If ever probated or recorded in Chatham county, this latter may be answered.
There is a small, tasteful monument within an iron rail ing, that is sacred to the memory of Joseph Clay and other members of his family. This gentleman, of revolution ary fame, is well known, to all intelligent Georgians. We are here told that he was born 16th October, 1741, died aged, sixty-two years. His name is suggestive of his numerous and gifted posterity. Many of them are prominent in this generation, and many were likewise prominent in the pre ceding one. The most conspicuous named, are the Cuthberts, the Stiles, and the Cummings.
The tombs alluded to are not all thus deserving, upon the narrow line I have adopted, but to mention them will, perhaps, make this communication tedious. In my next I will trace the history of the "old cemetery" as obtained from legislation, and in that connection show its relation to Christ Church, whose "Gods Acre" it originally was.

The present "old cemetery" at Savannah was originally the cemeterv of Christ Church. On the 15th March,

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1758, the Colonial Council passed an act for laying of "the several districts and divisions of this province into parishes,"and for other purposes. They constituted several parishes by names and boundaries. The parish in which Savannah was included was named Christ Church Parish.
By the second section of said act, it wras further enacted, that from and after the said 17th day of March, 1758, the church already erected in the town of Savannah, and (the ground as now used for a cemetery or a burial-place there to, shall be the parish church and cemetery of Christ Church." Both from the language of the section, and the known custom of the time, I infer that the first building of Christ Church was on the cemetery grounds. If not, where was it? And if so, when was the church removed elsewhere? The first legislation upon the statute book is an act of April 7th, 1763, announcing. thaJt "repairing the parish church in the town of Savannah, or rebuilding the same on the present foundation, is found to be imprac ticable," and appointing commissioners "to cause the- build ings and stalls now erected and used for a market iu the center of a square of said town of Savannah, called Vfrights square, to be removed from thence, and in thesame place to lay out a sufficient space -of ground for the erecting of a parish church, which said portion of ground so to be laid out shall be and is from henceforth, allotted and appropriated to and for the use of purpose aforesaid."
By the next section, the market was removed to another square, called "Ellis square." Wrights square, I believe, is the square on which the county court-house is erected, and I suppose the name of the present Market square is Ellis. It was there the market was at the great fire in 1820, -as ascertained from late legislation, and if rebuilt on the same spot, it has been the market place for more than

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a century. In modern times. these squares have been re spectively known as the "Court-house," and the "Market square." Thus there must be many citizens who do not know that the true name of the one is Wright and of the other Ellis.
Christ Church is not now, nor has it been for many years, in Wrights square-. -In what year was it moved from thence, and in the meantime has it occupied any other than its present location? This may seem digressive, but it is pertinent to ascertaining the period of time at which the church and its cemetery were separated. The next legisla tion on the subject of the cemetery is on the 7th of dpril, 1763, when the act of 1758 was amended, and amon^ other things it was enacted, "That the cemetery be enlarged and extended to the line of Abercorn street to the westward, and one htmdred feet to the southward, the whole to con tain two hundred and ten feet sqiiare." By the same act, a parcel of ground of two hundred feet square was ordered to be laid out and inclosed in the line with the said ceme tery, towards the five-acre lots, for the convenience of a burial ground for negroes. What the size of the ceme tery was before this extension we can only infer, but cer tain it is, that as enlarged, it was only one acre. As it was extended one hundred feet to the southward, we may infer that it was about the same distance westward to Abercorn
street,, and that before 1763 it was about half an acre. Savannah had been settled thirtyjone years before it
required as much as an acre in which to bury its dead. Had yellow fever made its appearance as an epidemic up to this time? It seems that now the necessity1 for more burial ground rapidly increased, for on the llth of April, 1768, there is another act, providing for another exten sion of the 170 feet adjoining to the westward, and "from

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the common of the town of Savannah." In both, these acts the power and the duty of extending and inclosing are given to the "Church "Wardens and Vestry of the said Parish for the time being," and in this latter act it was "thenceforth forever to be and remain a public burial ground." This is the first reference to it as a public burial ground, but in that reference it is nevertheless treated as connected with and under the charge of Christ Church. In those days there was a government religion. There was nothing inconsistent in this. So we see that the true name of the "old cemetery" is "the cemetery of Christ Church," and if it ever has been formally changed we do not know it. After the Revolution, the government religion having been abolished, this ground, and all like it, became sub ject, to legislative action. The action generally was to place them under the control of the municipal corpora tions where situated. But was not the title to the ground on such condition in Christ Church, and if so, how could it be divested without consent, so long as it remained a burying-ground?
It was not subject to confiscation, for Christ Church, through its members, joined the rebellion. These ques tions can, I presume, be readily answered from the action of the church and the city council of Savannah "in the early days of the republic."

I desired to add my comments on the monument to Joseph Clay, who died November, 1803, aged sixty-two years, that a son of the same name survived him. He was a rarely intellectual man, and made himself famous as a lawyer, sitateman and clergyman. During the later years of the last century he was the most eminent lawyer of Sa-

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vannali. He was also the legal preceptor of the most emi nent lawyer of the next generation, at the same bar, and in his time, of the whole State to wit, Judge Berrien. The firm of Clay & Woodruff, in its day, held about the same position in Savannah as the firms of Berrien & Law, ]\lcAllister & Cohen, and Charlton & Ward held at a more modem date. During the legal career of Mr. Clay he was Judge of the United States District Court of Georgia, and was a member of the State convention that adopted the Constitution of 1798, under which her citizens lived until 1861. It is tradition that he made the original draft of that instrument, and it was the opinion of the wisest that the amendments made did not improve it.
When only thirty-eight years of age, in 1802, and in the full tide of worldly fame arid prosperity, he surrendered all his earthly honors to enter upon an entirely new career that of a Baptist clergyman. He became as eminent a divine as he had been a lawyer, judge, and statesman. His brilliant life was cut short by death, at the early age of forty-seven, while serving as a pastor in the city of Boston. That was a time when a spirit of Christian fraternity ex isted between the Korth and South when abolitionism was not more sacred than the Bible and the Constitution; and when there was no thought of invading the South by em issaries to destroy her peace and prosperity.
A son of Judge Clay, Ifr. Thomas Savage Clay, an ele gant gentleman, well and most favorably known in Savan nah, died in Bryan county, on the family estate, some
twenty-five years ago. Not far from the Clay monument is a marble slab to iden
tify the spot where rests the remains of George Cuthbert, who died 14rth April, 1768. Cuthbert is an ancient Geor gia name. The family came here from lower South Caro-

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linn, where the name is yet extant, and one of them was a brigade commander in the year of 1812. Conspicuous on the rebel side during the revolution at Savannah were John and a Seth John Outhbert. It is probable that this George, who died seven years before, was lineally or collaterally nearly related to them, and that John and Alfred Cuthbert, distinguished Georgians at a modern period, were of the same stock. The latter named are the sons of Mary Outh bert, >a daughter of the elder Joseph Clay, whose name is in scribed on the Clay monument, with the date of her birth as 1803. As John and Alfred Cuthbert have long passed out of the piiblic life and passed out of the public mind, a brief reference to a few points in their history may interest the coast-county Georgians of the present day. They were, as perceived, the grandsons of the elder Joseph Clay, and were either natives of, or reared in, Liberty county. Alfred Cuthbert moved from Savannah to Jasper county, in this State. He and his brother John were politicians on the Clark side, andon a reconstruction of parties adhered to the then so-called Union party. This organization simply sus tained "Old Hickory against Mr. Calhoun and his theory of nullification. He was appointed by Governor Lumpkin in Ivovember, 1834,to the United States Senate, to serve out the unexpired term of John Forsyth. He was elected to the same position by the legislature for the ensuing full term, beginning March, 1857, and ending March, 1843. He is represented as a man of a high order of talents, and ex tremely gifted in conversation. His learning and informa tion were extensive, which made his society delightful to the appreciative. At the expiration of his senatorial ser vice he lived in retirement at his country home, with his books for his companions. That home was on his planta tion in Jasper county. It consisted of two thousand six

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* hundred acres of as good upland as the limits of Georgia
contained. More than half of it was the natural forest, and
in the midst of this was his mansion. He was scrupulous to preserve and to beautify the native growth, and had a park that would have gratified the taste of an English nobleman. Here, about the year 1855, he died, leaving but one child, a son, surviving. He had a large number of slaves, ap proximating two hundred, about half of whom he emanci

pated. The homestead has passed into stranger hands, and it is now the property of Col. Pugh, of Madison, Ga. While Mr. Outhbert resided at Savannah, he for a -whilecommanded the Republican Blues, and during the time that Edward E. Tatnall commanded the Guards. It w-a^

under their respective commands that the rivalries between these companies began, and continued up to the war.
John A. Cuthbert was likewise a man of talents, took a high rank in the State as a lawyer, and was a brilliant po litical writer. Pie moved from the low country to Eatontoii, then to Forsyth, then to Milledgeville, where he edited the- Federal Union- with great ability. About the year 1885 he moved to Alabama and resided at Mobile or vicinity for many years. He was elected to the United States Houseof Representatives from Georgia during the times of Clark and Troup, and became a member of that body. Like his brother Alfred he brought to Middle Georgia a large property, but unlike him did not succeed in im proving it. He is represented as more social and affable than Alfred, and had a strong as well as political popularity. His old surviving legal and political competitors remember him with pleasure, and speak most kindly of him, which displays his kindly nature and brotherly affection. At Upson court some lawyers were disputing as to Mr. Galhouns powers of conversation. To settle it one made the-

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proposition to ask John A. Cuthbert who was the best con versationalist he had ever heard, feeling assured he would say Mr. Calhoun, whom he had lately parted with at Wash ington city. It was accepted as the solution, and Mr. Outhbert was called from his room and the question pro-pounded. He manifested embarrassment, and with hesi tation he replied, "My brother Alfred." With equal delicacy on the part of the propounders, he was never informed of their object. This is very like the warrior, whose toast 011 a convivial occasion had been immortalized in verse, be cause it was the simple but touching words "My mother!"
While something is to be allowed for the partiality of a brother, yet this incident must establish that Alfred Cuth bert must have excelled as a conversationalist. John A. Outhbert may yet be living, and if so must be an octogena rian. It is beautiful to note the career of brothers keep ing pace with each other in their successes in life, like these sons of the Georgia seaboard. Although in a more limited .sphere, we are reminded of the three the pride of Britain the brothers Napier.
Returning to the old graves in the old cemetery, there is a headstone of a dark gray as to color, which is intact as to position and texture, notwithstanding the winds and rains of more than a century have beaten upon it. We read that "marble will crumble into dust," but imless it is softer -than old rough stone long since out of use, it will take, undisturbed, to do this a length of time we cannot conceive. The stone is marked Mary Bryan, a native of South Caro lina, widow of Joseph Bryan, died 26th May. 1766, aged sixty-four. From the names Mary and Joseph, I supposed - this ancient lady to have been of the well-known family of Jonathan Bryan, but while from the locality it is believed to be so, vet it is uncertain. At the first settlement of Sa-

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vannah there was a Mr. Joseph Bryan of South Carolina, who, with others, rendered great assistance to Oglethorpe. It is in honor of this gentleman that Bryan street has itsname. The old people who might know are all dead, and there is no information to be obtained, but is it not prob able that she is the widow of that man? She was thirtyone years of age when Savannah was settled was born in 1702, during the reign of Queen Anne, and might have heard from an eye-witness an account of the execution of Charles I., and even of older events. From the possi bility of such, we can realize how tradition, for even cen turies, may become reliable history. I know a lady more than eighty years old, who in her youth conversed with a, lady, then in the possession of all of her faculties, aged 102. 1rom these two persons we can go back nearly two centu ries, and by the proper links, could, in this way, connect with remote antiquity. It is thus we can appreciate the data derived from the patriarchal age.
There is a tomb in the old cemetery that from the name^ ou the marble slab many memories are awakened with both young and old. It is that of Guerdon Isaac Seymour, a native of Hartford, Conn., who died at Savannah on the 12th September, 1814, aged forty-one. The name is nearly identical, and brings vividly to mind Col. Isaac G. Sey mour, a distinguished Georgian. A friend informs me itis the grave of his father. At least, certain it is, that Col. Seymour was a native of Savannah, and that his father lived and died there. He was engaged in printing and pub lishing. Thus, the Georgia Digest of Marbury and Crawford was published in 1802 at Savannah !by Seymour, Woodhopter & Co. It seems that at that period and for some time before: and after we were not so. dependent upon the Jforth for publishing our books as we subsequently be-

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came. The Seymours of Connecticut are an old and hon orable family. To them belong Governor Horatio Sey mour of 2sew York, and the United States senator, Thomas Seymour of Connecticut. Like the Walworths and the Tracys ol 2x"ew York, who likewise came from Connecti cut and are of the same: blood, they remain true to the an cient faith and integrity of their patriotic ancestors. Col. Isaac G-. Seymour was educated at Princeton, and there married. In early life he became a citizen of Macon, Ga., and for many years edited the Messenger. He served during the Mexican war as lieutenant-colonel of an infan try battalion raised by Georgia upon requisition. After the war he moved to !New Orleans, and edited the B-uUetin. There "the war between the States" found him. As the colonel of .a Louisiana regiment he went to the field, and was killed in the battles around Richmond, He was on the old mans list, being about sixty, but such was his patriotic zeal and military ardor he went from his retire.ment voluntarily to battle for the South, and died the death the true soldier covets. In the year 1840 there was a grand military display in Savannah of the military corps of the State. Among them was the Macon Volunteers, commanded by Captain Seymour. It rivaled and, in the judgment of many, excelled the best Savannah companies. I know, as a youth, I then realized that there were fine com panies in the world besides the Guards and the Blues.
I felt that Captain Seymour was taking away their laurels. It would have completelly reconciled me had I known he was himself from Savannah, and had there im bibed that military spirit which he had imparted to his company, and had made it so excellent. Like all native Savannah men, he is said to have had "the big-head" about -his native citv. Pie had never seen anv city which could

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compare with it, nor any building which, could approach the Exchange in dimensions or architectural beauty. And from this comparison, I do not exclude the capitol at Wash ington, or any of the magnificent structures of the old world. The Exchange is the largest building a Savannah boy sees, and it always so remains.
I hope I have not exhausted the patience of the reader with this mingling of the past with the present. We should keep fresh and cherish the memory of our old illus trious dead. In this we do them the honor they have won, and simultaneously purify our hearts for the struggles and temptations of this now bitter life. Our colonial and revolutionary ancestors, with their immediate descend ants, were infinitely better than the present generation gives promise of being. By them while in life we were taught, by example as well as by precept, all ahe. virtues. and now that they are dead, they speak to us from their graves. If we listen we can both hear and profit.
These precious memories and the beautiful lessons they teach are about all the Yankees have left of the best blood of our land, and these were left because beyond the reach of conquest or pillage.

Note.--Subsequent investigation has disclosed that the law to- move Christ Church to Wrights square was repealed the next year, and that the church stands now where it was first erected.

tlbe Staae jfort\> |?ears
I was much, entertained by an article taken from the New York Star recently, entitled "Lights of the old Bowery," and giving interesting items of "The New York stage fifty years ago." From some of the names and incidents therein stated, I am reminded of theatricals in Savannah for the same length of time in the past not for quite that long in my own experience, but for as much as forty years. For the other ten I will have to draw a little on tradition... My interest was first awakened in this direction by hear ing my mother, when I was not out of my "tender years," relate to others the wonderful performances on the Sa vannah stage of Tom Cooper and "Old Booth," the trage dians; of the brothers Placide, comedians, and of Gilbert and his wife and others. Neither of these ever played upon the Savannah boards since I was old enough to be enter tained by the drama, but they were fresh in the recollec tions of all the playgoers and "their names were on every tongue." My mother then laid aside theater and jewelry for the church, and never afterwards through a long life re turned to either, but her experience at the former filled her with pleasant memories, which at intervals she would nar rate. While I am sure she gave up the theater "with regrets" perhaps "with a sigh" I never heard or saw anything which made upon me the same impression with respect to the jewelry.
The first observation I have to make about the theater then and recently is, that then the Savannah stage had

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the advantage of the best talents of the country, domestic? or foreign, whether we have reference to the "stars" or the "stock." ISTew York had not then, nor for a long time afterwards, grown to such, proportions that the best actors could do well enough there without recourse to the provin cial cities. As a result the said cities had the same oppor tunities Gotham had. Later it became different, and therewas a marked and felt decline in the traveling companies. While we have had the opportunity of gazing at the starsthat shine on the metropolitan boards, we see very little of the stock. That which travels has declined, until it is sim ply miserable. Every season we witness the superb per formance of first-class actors and actresses, sustained by a: company that would not do credit to the Thespians of a. country village. It was not so fifty years ago, nor forty,, nor even twenty, but "since the war" the decline is pal pable. How is this, and what has the war to do with it?" The large northern cities had been for a. long time gradu ally monopolizing the best dramatic talent, and this has been largely aided by the poverty which the war brought on the South.
My first remembrances of performances at the Savannah, theater is of "W. C. Forbes as the lessee, who continued for many seasons. How long I cannot say, but my memory serves me as^early as 1838 and as late as 1844. He was a large, heavy set man, and in his figure and general stage ap pearance resembled Edwin Forrest, who had then just be come a star of the first magnitude in the northern firma ment. He was a stock actor of the best class, and where thecast suited him his acting gave as much satisfaction as if he was an acknowledged star. The comedian of the com pany wras named Lansing. He sustained himself through a series of years, and was so good that the professional play-
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goers never tired of him. This should stamp him as an actor of superior merit. Such was likewise1 the case with the leading gentlemen and ladies of the company. In these there was very little change. How many stock actors now would wear through a second season? One of them was named Pearson. He was one of those actors who never went above or fell below a certain point, which was simply the standard of a respectable stock actor. But he made a great hit, and became very popular in Savannah from his personation -of General Jackson in the play of "Lafitte, the pirate of the Glulf," or in a play where, Lafitte was the prin cipal character. Pearson was of the height and figure of the general. These advantages, together with his "make up," were so much like "Old Hickory," in the judgment of those who had seen him, or his full length pictures, that whenever he appeared he "brought down the house." So lifelike was the personation that the play was several .times repeated, just that the audience might have one more sight -of the general whose fame civil and military had then reached its climax in his successful presidency of the United States through two terms.
As the same leading stock came out every season,-so did many of the stars, but of course only for a week, or it mightbe for a few nights. To those who made this regular or semi-regular appearance, belonged Barnes and his wife, and their daughter. He was popularly called "Old Barnes," she Mrs. Barnes, and the daughter Miss Charlotte Barnes. She so inspired respect that the modest called her Misa Charlotte.. The: parents, especially the father, were quite advanced in life, and Miss Charlotte had possibly entered the "melancholy thirties." 2To such combination in one family have I ever seen or read of. There were three of them, and each capable of sustaining the leading characters

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in almost any play in their line. This-was genteel comedy Or melodrama. They made specialties of such plays as "The Love Chase," "The Honeymoon/ also the "Hunch back," and all Sheridan Knowless elegant dramas. Mrs. Barnes was what is called "well preserved," and could be so "made up" as to represent a character that need not be under thirty. Miss, Charlotte, could represent any, from a girl in her teens up: On or off the stage she was a refined looking lady, with the face of an artist. She had black or very dark hair and eyes, a delicately pale complexion, and with otherwise comely features, she was blessed with what very few persons have a handsome nose of the feminine Grecian type. Her form was above the medium height, rslender, but lithe, symmetrical and graceful. As was the case with Julia Dean in every part that she acted that did .-not call for disguise, she looked as much the lady as if in the first society assembled in handsome parlors. Not even a breath of scandal sullied her immaculate private character. "While the old lady and gentleman were at no discount, Miss Charlotte gave life and zest to the combination. How -often have I witnessed their admirable acting in the same play on the same occasion, where their several parts were
just the reverse of any relationship-, and one not knowing, would never have suspected. Miss Charlottes fame in theatricals then was enjoyed by Eliza Logan. and Julia "Dean. The Barneses were English the latter American. "Old Barnes" and his wife, in the course"of nature, must be dead. What was Charlottes subsequent career and rlate? The transmission of talents to posterity seems more common in the theatrical profession than in any other. As far back as the first cast for Addisons "Cato" we find a Mr. Booth. There are the illustrious examples of the Keens .and the Xembles, of the old Booth and the young Booths,

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and of late days if you find great dramatic talent the sessor is almost sure to have been "born in the purple," aa was the case with Mrs. Lander, the Logan ladies, and that little prodigy, Fay Templeton. About the same period: of time there was another old Englishman and his wife of the name of Davenport, who traveled through the United3 States to make money and reputation by the; performancesof their phenomenal daughter." She was only eleven years of age, and yet took the parts of Shakespeares heroesin his deepest tragedies, and made a specialty of the de formed, disgusting and hateful Richard III. Recurring to the performance of the latter now at a distance of nearly forty years, and it is impossible for memory to realize what really transpired in the transformation of a. girl-child of" eleven years into the old, vicious, and villainous king. But I thought then of the adage "Soon ripe, soon rotten," andconcluded like others so precocious, that mature mindswould find the phenomenon scarcely a woman of ordinarytalents. But not so, for Miss Davenport, now Mrs. Lander, has stood the test of the severe theatrical critic, and has-cut her name high in the niche of theatrical fame. It wasmy great pleasure, if not my good fortune, only some five or six years ago, to witness on the same stage, in the same* old city, where as a child she had performed "Richard III.," her performance of "Cleopatra," in the full maturity of womanhood. While witnessing that performance I won dered if the mind of the actress recurred to her first appear ance on those boards, and if so, if it occurred to her that. any of the present audience might have been of the first,, for I believe in the long interval Miss Davenport had not again appeared in the Savannah theater. .If that thought. did occur to her, I wonder if it further occurred how many of the old audience survived and was present? Perhaps.

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the only person who made a part of both was the writer, ior on inquiry I could not find (another, although I consul ted one of the oldest, best informed, and most presistent playgoers in the whole city. Not that all were dead, but that death, with other changes made by time, had so ar ranged it, that there may have been but one t do honor to the sun in its meridian splendor who admired -at the rising.
In verification of my assertion, that in those days the best dramatic talent visited Savannah, I can cite the engagement of Macready in the early spring of 1843 or 1844. In about four months to come, and that will have been thirty-five or thirty-six years ago. The length of that time can be ap preciated by the realization that the girl child, not then "born, may be now a grandmother. Macready honored the Southern Atlantic cities to an extent that Forrest then had not. To St. Louis, Louisville and New Orleans he had heen, biit not, I think, to Savannah or Charleston. And Edwin Booth, on "whose shoulders the mantle of Forrest has fallen" in this country, was like him, slow to leave for a brief season the populous cities of the United States. In the great contest and rivalry between Macready and For rest, those who had not had the opportunity of seeing Forrest in some distant city, could not judge of the difference between the great actors. Macready performed four nights at his first appearance in Savannah. The plays were "Werner," Richelieu," "Macbeth," and, I think, "Ham let." I saw him only in the two first named. It is more than superfluous to praise his acting that would be like the compliment of beauty paid to a reigning belle. It is more subtraction than addition, by treating that as open to dis cussion on which judgment has already been taken. Of course the acting exceeded any that the young of the audi ence had seen; some of the old could draw comparison be-

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tween Mm and Keen, and Cooper and the oldest Booth,. Those who have traveled may have seen Forrest, and could judge how the two rivals compared, and whether it was truethat Macready, being all that Forrest was excepting his ranting, was therefore the "better actor. Macready brought with him, as his supporter, a Mr. Eyder. Mr. Eyder wasa tall, large-framed man, with black hair and dark com plexion. He seemed distinguished for his size, for knowing, his part, and for a strong, loud voice. His enunciation was distinct but not clear, because he spoke as if he had just alittle Something in his mouth, which acted as a slight im pediment to a perfect utterance. I know nothing of Eyder save his support of llacready. It might be1 supposed from this that he was an actor of much merit in England, but this necessarily does not follow. It is said that stars re quire queer qualifications in their supports. First, he must not rate above a certain standard; second, he must not set tip for himself at all but act in complete subordination to1 the star; and thirdly, he must never do his best; in the in spiration of some moment, on some- fortunate occasion, hemight rival his master. Dr. Holmes, in one of his humorouspoems, has said "he never dared to write as funny as hecould." So the actor who -supports a star must never dareto act as well as he can. Macready was said to be very ex acting with his support and with all who acted with him.. They must do just as he commanded, and he would so com mand as to bring out all of Macreadys fine points. I judged that in any contingency jVlacready was in no danger from Eyder, and that he showed fine judgment in selecting him. I re-member distinctly that in "Werner" Eyder played Gabor, but in "Eichelieu" I have no- distinct remem brance of his part. I suppose it was either Baradas or DeMauprat. The reason I do not remember, I presume, ia

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because in that play the Old Cardinal so overshadows all the other characters. In that part, of the play where Rich elieu draws around Julie the sacred circle of the church, I was sure I saw the flaming circle follow his hand as he per formed the jesture to make it. In "Wemer" Ryder as Gabor made a deep and lasting impression upon me, and in my memory I can see him as distinctly as I really saw him then. It is said by those who know that the tragedy of "Wemer, as written by Byron, does not make a good stage play. Macready himself adapted it to the stage for him self, and it was rated among his best performances. I had read the play and it did not much impress my youthful mind, but when acted I saw its beauties, and it has ever since been among my favorite readings. The most impressive of the all-impressive parts of the fine drama, and the best act ing of all the fine acting, was in the second scene of the sec ond act, and especially where Werner becomes impatient and indignant, with Ulric, beginning with "Ulric! before you dare despise your father, learn to divine and judge his actions," and ending with, "Ay! I thought so; you have now only one parent; I have lost alike father and son, and stand -alone." I have emphasized the latter member of the last sentence, because in the elocution and in the acting there came to the audience one of those rare and grand oc casions when all are lost for the time in the solemn reality. I should surmise that if Macready excelled in any parts, where he acted all superbly, it would be as "Richelieu" and as "Werner." Macready was the original "Richelieu" of the play. When Bulwer wrote it he had in his mind Macready as the actor, who would illustrate the part and the author. They must have given him a great advantage over other actors, in that he was trying on a garment cut for him, from accurate measurement, by a skillful artisan. IB

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'" Werner " he altered the garment to suit himself, and a misfit was impossible. If Shakespeares plays were composed with a view to any actor then living, after a cer tain time, it was just as though it had not been. Among Shakespeares great historical plays, for stage effect, Macbeth is the greatest, if one can venture on any distinction between that and a few others of the same sort; and I should conclude that Macbeth suited Maeready, land vice versa, better than any other, from my observation of the man and his acting in the two characters named. He was too large and solid, and not accompanied by activity and litheness for Hamlet. It has been reserved for Edwin Booth in the memory <of the living to have those physical and mental features which fit him for Hamlet. The same may be said of him TO ili/at diameter as was said by Byron of Sheridan "Mature formed, but one such man, and ~broke the die--in moulding Sheridan." Why certain actors in certain char acters are unapproachable is owing, I should surmise, to the gifts -of nature. With reference to actors of the present date, Jefferson is a natural born Rip Aran Winkle, and Ray mond a natural born Col. Sellers. Actors who have not within them the natural elements suited for the parts, can not compete with them. By this, I do not, of course, mean that Jefferson is a vagabond, or that Raymond is a humbug, no more than a successful detective must of necessity be a criminal. John Owens furnishes an example of a firstclass comedian in every part. He cannot be such a Rip "Van Winkle as Jefferson, nor such a Col. Sellers as Ray mond, but taking him in all his parts and the average is in his favor. This it likely was between Forrest and Ma eready. While each played most parts equally well, there were certain parts which one could not possibly perform as well as the other. As Forrest could not rival Maeready in

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"Werner," so Macready could scarcely approach Forrest in "Metamora" or the "Gladiator." I never saw Forrest perform until nearly thirty years had passed from the time I saw Macready. I had heard that the marked difference between them to. the favor of the latter was the rant in Forrest, and the entire absence of it in Macready. If this once existed it has ceased to exist, if comparison was a test. Forrests elocution and acting were more lilte Macreadys than I thought possible. The similarity, as well as memory could serve, astonished me, and I think my memory was true, for I listened to Macready with reference to the com ing opportunity of hearing Forrest, and I listened to Forrest with reference to my memory of having heard Macready. But this memory was over a waste of nearly thirty years, so slowly did my opportunity come. But "early impressions are the most lasting," and having heard Macready when yet in my latest teens, his manner, his style and his tone were so impressed on my mind as to be near of kin to stereotyping. If I am right, was the change the effect of years, or had Forrest been improved by Macready? Forrest was then an old man, suffering from bodily affliction, and was on the last tour of acting he ever made. But these unavoidable ^conditions were not apparent on the stage in the part he performed that of Damon, in "Damon and Pythias." If a non-adept may be allowed an opinion, his acting was all the most fastidious taste could have reasonably desired. Those who have known him in his best days might have said he was a wreck, but he was too grand for the wreck of a .great actor. It is true his brilliant sun was then setting, but the sunset was so beautiful as to leave it a. question of doubt, or taste, whether it was most to be admired then, or when in its meridian splendor. It seems a pity that neither he nor Macready net again in their children.

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"While witnessing Forrests performances, my memory for a brief moment wandered to other scenes of the past in which Charles OConnor and John Van Buren, and John, "W. Forney and George Jamison, and the great divorce suit, and the great wrong done the great actor, passed: before me.

E Dovaae in 1834.
When I was a boy only ten years of age my mother sent me from Savannah to Boston under the care of the captain of the .ship. The name of the ship was the Pangus, and 1 the name of the captain was Jacob Moody. The Pangns was propelled only by the wind and her sails. We en countered much head winds with very rough weather and were fifteen days in making the voyage. K"ow it can be made from 'New York to Liverpool and return in less time.
At that time (May, 1834) there was no steam naviga tion on the ocean. It was three years thereafter before it was attempted, which resulted in failure and disaster. Another attempt was made the following year with a likeresult.
It must astonish those who are not acquainted with thehistory of steam navigation and know its present perfection, that it is only fifty-seven years since the first ocean steam, navigation. We read that a steamship crossed the Atlan tic from Savannah to Liverpool some twenty years before, hut that was steam navigation only in name. The shipwas mainly propelled by her sails with steam in connec tion and at intervals. The experiment must have been far from satisfatetory, or even hopeful, because it wasflot soon followed by other attempts. We wonder that Europe, with its learning and civilization, was for so many centuries without steam navigation, but we need not be-

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thus astonished when we reflect how long the world stood -without printing, gunpowder and the mariners compass.
All tihe inventions w!hich mow add so much to the com fort, convenience and substantial interest of man, such as steamships, railroads, telegraphy, (telephones, stenography, :typewriting and many others too numerous to mention, do not extend hack beyond an average of fifty years. The one which antedates all is the match, and I can remember when the first match was invented. How could men with .genius and learning live through so many centuries, even years by the thousand, without thinking of the simple principal which practically applied produces ignition. They used flint and steel in connection with tinder boxes or the flash of powder in the pan of the gun, to make fire, and every cook was careful to cover up the coals in the kitchen before retiring at night, that fire might be there the next morning. Sometimes the live coals became dead ones by morning, and then the resort was to the tinder box or the . shotgun, or musket, or by going to a neighbor, and if this was in the country, it involved traveling one or more miles to go for and bring fire. I remember when there were no percussion caps, nor metal pens, nor ruled paper, nor blotting paper. A much younger man than I am can re member when there were no envelopes, no postage stamps :and no cooking-stoves.
Recurring again to steam navigation on the ocean, the first attempt was in 1837, by a steamship called The Home, .and which was to ply between Charleston and ISTew York, On her second voyage, in October of that year, on her way to Charleston, she was wrecked off the coast of North Carolina, and of ninety passengers only twenty were saved. Among the lost were Oliver H. Prince, of Georgia, and his wife. They had gone north by the slow and weary process

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of the stage. Mr. Prince went to supervise the publica tion of his digest of 1837. He was a distinguished citizen of Georgia for thirty-one years, but a native of Connecti cut. He had compiled the digest -of 1820 and served theremainder of the term of Thomas ~W. Cobb, upon his resig nation, in the United States Senate. He was the authorof the "Militia Drill" in the "Georgia Scenes," which Hardy transferred almost literally to his novel called "The Trumpet Major," published in 1850. His wife was Miss--1 Norman, of Wilkes county, Georgia, and the sister of Mrs. Washington Poe, who yet survives. He left a son of thesame name, but now deceased, who was a very bright man, with literary taste, and the close friend of John B. Lamar and Howell Gobb. There are yet many who remember" him.
One of Colonel Princes daughters married Dr. James Mercer Green of Macon, and she yet survives. Hisother daughter married James Koswell King, now of At lanta, but has joined her father, mother and brother inthe "spirit land." Although the remains of Colonel Prince and wife were not rescued from their "watery grave," there is a monument to them in Rose Hill Ceme tery, at Macon. One who does not know might suppose their bodies reposed beneath the monument, but the monu ment is a cenotaph "a tomb without ,a body." It is a sad; witness to the disaster attending our first attempt at oceansteam navigation. The inscription is "Oliver Hillhouse Prince and Mary E. Prince, who perished in the wreck of the steamship Home, Monday, October 9, 1837. They were lovely and pleasant in their lives, and in their death not divided. This tablet is erected to perpetuate the be<loved memory of our parents by their bereaved and sor~rcwing children."

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Another attempt at steamship navigation was made the very next year, 1838. The name of the steamer was "The Pulaski." She was to ply between Savannah and Balti more, touching at Charleston, and -had the voyage so ar ranged there was to be only one night at sea. The adver tisements were headed "Only One Night at Sea." On her return trip north, as I remember, having many passen. gers, about the middle of June, she was wrecked by the explosion of her boiler. The ship, of course, sank, and the passengers had to get in boats or improvised rafts. Those who survived heat and hunger for many days and reached the shore were saved. Some were drowned in landing. Conspicuous among those who were saved and helped to save others were James Hamilton Cooper of G-lynn county, and G. B. Lamar of Savannah. Mr. Larnar had with him his entire family, consisting of his wife and five or six chil dren and two single sisters. Of his immediate family, he and his eldest son Charles were saved. His sisters, thought to be lost, after many days of suffering, reached the shore and survived. Mr. Lamar and his son were taken care of by a Mr. De Rosset near AVilmington, IST. C. This contact was the foundation of a lifelong friendship be tween these gentlemen, and each named a son in honor of the other. Derrie Lamar, lately of Augusta, was one, and the father of the wife of J. ~W. Harris, Jr., of Carters-ville, is the other.
Among Mr. Lamars children on the Pulaski and lost was his oldest child and daughter Martha, a beautiful young lady of sixteen. On my voyage to Boston I referred to, -and as made three years ^before, she was one of the passen gers on her way to school at Oharlestown, Mass. I will .again refer to that in the progress of this article.
Apropos of my voyage we left Savannah at 5 oclock on

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:& beautiful afternoon in May. Before the setting of the .:sun the tea-table .was prepared and was provided with all the usual cold dishes. There were preserves, jellies, cakes ,-and cheese and the like, all beautifully distributed over the table. I got a sight and at once felt I had a good appe tite. I anxiously awaited the time when I should be al lowed to partake . The time did arrive and I made the best of my opportunity, as only a hungry boy can. Tea was over before we crossed the bar. The ship soon began to rock from, the swell in the sea and I began "to feel curious ly about the head and stomach. I had not anticipated sea sickness, but soon the feeling developed into nausea, and I ran to the captain, stating my distress. He took me to the side of the ship, holding my head over, and right there I lost all the nice and fine things I had had for supper. "Jf I had been taken with seasickness at some other time it would not have gone so hard with me. I had to take my "berth and keep it for three days. I was not seasick any more. My appetite increased and I soon made up for the loss of my supper. A similar occurrence prevented me from learning to smoke cigars, and which prevented me from learning to smoke cigarettes when they made their appearance. Three or four gentlemen from Savannah were the guests of my mother, at Springfield, G-a. After .a supper which I had enjoyed, a-gentleman pulled out his cigars and passed them around. I took one. I had often -tried to smoke, but invariably it would make me sick. How ever, as I was in such good company, who were smoking such good cigars, I determined to make another trial. When about half through I had feelings similar to that on shipboard, which so developed that my good supper was lost in the same way. I was then, about fifteen, and I deteranined tfhat should be my last attempt, and I have been able

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to keep to my resolve. I am glad of it, if only for onetMng, it has saved me from annoying ladies and gentle men by smoking mean cigars even "two for a nick." "When I ceased to be seasick, I passed the most of my timewith, the sailors in the fore part of the ship. There was noother boy to play with. The sailors made a pet of me, and I was surprised to find what good-hearted men roughlooking sailors could be.
As I said, we had hard winds and rough weather.. These made heavy seas.
I will try and describe a sailing ship under such circum stances, for I do not suppose those who have only made a voyage in large and splendid steamships can have a properidea of it, unless they have happened to encounter a very severe storm. The ship would frequently stand almost straight up, and it seemed there were only a few feet from, her bow to the sky. It seemed that she would fall back as horses have done in rearing. The very next momentthe stem would be where the bow was, and it seemed as if the ship would plunge head foremost into the ocean. Then: rising from that upon another wave, the ship would cereen first to one side then to the other, with the edge so near the water you wonder she didnt capsize. "WMle in this position a sea would break across the deck. We also en countered a thunderstorm. It was about midnight. Thelightning flashed and the thunder rolled almost constantly. In the panic the captains commands could be heard, which increased the feeling of fear. There is scarcely anything more terrible to hear and see than a thunderstorm at sea and in the night. This experience of my early youth gave me ,an aversion to the sea and all the praises of it I have-since read, whether in prose or verse, is only poetry to me. There are some fine nautical songs which, taking in the-

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music, I like, but "none of the reality in mine." There ii one by Allan Cunningham called "A Wet Sheet and a Flowing Sea," in which he says:
" Oh, for a soft and gentle wind, I heard a fair one cry ; But give to me the snoring breeze And white waves heaving high, my boys."
And again:
" Theres tempest in yon horned moon, And lightning in yon cloud ;
Hark, the music, mariners, The wind is piping loud."
Then Barry Cornwall has tried himself on "The Sea," and begins thus:
" I love, oh how I love to ride On the fierce, foaming, bursting tide, "Where every mad wave drowns the moon, Or whistles aloft its tempest tune ; And tells how goeth the world below, And why the souwest blasts do blow."
I prefer one of this style:
" Some love to roam "Where the dark seas foam,
And the shrill winds whistle free ; But a mountain land With a chosen band
And a life in the woods for me."
It would be natural for any one to inquire, why was a boy of only ten years of age sent on such a long and peril ous voyage. It was thought to be necessary to save me from destruction. My mother, through what she knew herself and was informed, was alarmed for my safety, and the only sure remedy was to get me away from Savannah. She had a niece but near her own iage, who had married a ^Northern gentleman, Mr. Otis Johnson, and after amass-
10

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ing a fortune in merchandise, lie retired to his native town of Lynn, Mass., to pass the remainder of his life. That was my destination. My home "was to ;be with them while I went to school. Lynn was then nine miles from Boston, and I suppose it is the same distance yet.
A Savannah boy at that time was nothing if not a good swimmer. In the canal he learned to swim, which might be called his primary. In the river he received a higher education, because of its greater depth and scope, <and it might be called Ms academy or high school. That pre pared him to ride the waves of the ocean, where he was graduated, and which might be called his college or uni versity. When a boy had learned enough to be promoted to the river he had three aspirations in the line of swim ming. One was to dive from a spring-board, and if he could, in plunging, to turn a somersault; another, when a river steamer came along, to make for it, and as it passed to swim upon the waves made in the rear as far as possible; another was to be distinguished by swimming across the wide river. I was an expert swimmer for my age, but not near as much so as I was reported to my mother. The boys, finding out she was alarmed about me, would (boy like) tell her all sorts of stories about the risks of my life I took. Her lady friends, hearing of my reputation, would go to her and say, "Sister Clark, if you do not get Richard away he will certainly be drowned." Mr. ISToyes was my uncle by marriage. He soon took me in a gig (no buggies then) to show me something of Boston before I should leave by stage for Lynn. Of course, he showed me the state-house, Faneuil Hall, Boston commons, the frog pond, etc. As we rode along he pointed me to a large dwellinghouse, saying that was the home of Mr. Webster. "Oh, yes," said I, the man that made the spelling-book." I

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remember that I was surprised that my uncle made no re ply. I suppose lie thought an explanation useless to a boy so ignorant as not to know the difference between Noah and Daniel Webster, especially as it was some time after the great -debate in the United States Senate -between Hayne and Webster.
Within a day or two I reached Lynn, and the next week became a pupil of the Lynn academy. Mr. Johnson had two sons who went <to the same school, one about my age and one some years younger. The latter yet survives, and is one of the prominent citizens and business men of that city, whose name is Enoch S. Johnson.
The principal of the academy was a very kind and thoughtful gentleman named Adams. There were about sixty boys, all from Lynn or vicinity, except myself and two others. These were John Gibbes Barnwell, now of Floyd county, Georgia, and William Henry Habersham, both from Beaufort, S. C. Both of these were nearly young men and they made a pet of me. Habersham is dead.
After a very short while I got homesick and ctould not throw it off. Because of that I could not learn my les sons. One afflicted with a very bad case of homesickness is to be pitied. The technical name the doctors give it is nostalgia. In the war between the States many died of it, and of nothing else. It was almost entirely confined to those soldiers who had resided all their lives in the country. The city men generally escaped. Despairing of getting any better, I applied to my uncle at Boston to send me home. I told him if he did not I would run away and secrete myself in the hold of some vessel. I told Mr. John son and wife of my feelings and purpose, and there was a general consent that I should return.

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Fortunately at that time there was a Savannah lady in Boston accompanied by a son and daughter, who was a special friend of my mother a friendship formed in their schoolgirl days. She readily consented to take charge of me, and in the latter days of October we set sail in the brig Rome, Captain Atwood. The lady was Mrs. Davenport, and the daughter alluded to became the wife of General Henry R. Jackson. The son was Archie, so long an offi cial of the Central Railroad Bank. The voyage back was smooth and made in eight days, the usual time.
Ate we neared the bar and were needing a pilot, the cap tain discoursed of a tragedy I had heard of. It came from the capsizing in a squall at sea of a pilot boat. Thereby two brothers, named White, who were pilots, were drowned. Not long after the tragedy I saw the two little daughters of one of them dressed in the deepest mourning, which, connected with the cause for wearing it, made a sad and pathetic sight. I wonder what has been the fate of the two little mourners? The captain said the morning of the day of t)he catastrophe he hailed the pilot boat to get a pilot to take him over the bar and up the river to the city, that he and one of the Whites had a misunderstand ing which resulted in a quarrel, and that the last words spoken were by himself, and that he told White to "go to h 1." He said when he heard of their death it smote his conscience, and had been a sorrow to him ever since. Soon after my absence my mother, with three other and younger children, moved to Springfield, twenty-seven miles by dirt road from Savannah, where there was a first-class academy and where tuition and living were much cheaper than in Savannah. Effingham was her native county. I proceeded thither as soon as I could, and of course there was quite a rejoicing. I remember

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that the meeting the realization that my life had not been lost at sea, that I was at home again and in the "bosom of my mothers family" caused me to cry as I never had before. Wot merely this, a crying fit would come over me at any time so often that I got ashamed of it and would hide myself to cry. It should be borne in mind that I was then a little boy of ten and that the con trast between the conditions of ten and seventy are too great to grasp. It was very lately I saw at the Markham a little boy. Noticing him, I wondered if I could have beien as small as he was when I made my voyage of fif teen days. Certainly not.
"I am eleven, sir." "Good heavens," I said to myself, "is it possible I was as small as that boy." In reference to the happiness of getting home again after a long absence, my feelings were exactly described by a touching incident of our late war. It is related of Gruyton McLendon, who was the uncle of the present Guytai, of Thomasville, that he said to his comrades: "Boys, I tell you if I do live to get home I will bfe a yard dog or a house cat for the balance of my life." In the very next battle the dear fellow was killed, and when he was as kind and noble a heart as ever throbbed in the breast of man. was stilled forever. After the lapse of seventeen years and I had become a lawyer and had been a member of the Georgia senate, I made a visit to Lynn. Of course, I was entertained by Mr. Johnson and my cousin, his wife. Mr. Johnson re marked ^as I had not been drowned in the Savannah river, it developed that to let me return to Georgia was the best. I inquired after the academy boys of that time. There was but one remaining in the town. They had gone to

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the South, to the far West, as far as the Pacific, to South America, and even to Europe.
The importance of Lynn is increased because of its ad jacency to the Island of Nahant. At low water there is a beach connecting the two. iNahant has been the summer resort for the wealthy of Boston from time immemorial, and notwithstanding the multiplication of such resorts, it is yet so. Senator Lodge is now one of Nahants summer citizens. Dr. Holmes once said that ISTahant was "the cold roast of Boston."
While in Boston I passed a week at the "Revere house." I liked the accommodations and the courtesies better than I did those of the ISfew York hotels at that time, 1851. About ten years ago I was talking in Atlanta Avith a South erner, who after the war lived for many years in New York city, and expressed to him my agreeable surprise at the hotel comforts and hospitalities of Boston. "Yes," he said, "in that, as in everything else, there is nothing so good this side of Boston." Boston has been the hotbed of the anti-slavery agitation. Boston has done the South great injustice, but we must not forget to give her the credit she deserves, for there were many there then and now who took no part in the tirade against the South, and condemned it. In a conversation with General Toombs on a visit he once made to Boston, and where he made one of his ablest speeches, he said he was surprised to find gen tlemen, there who would not socially recognize Charles Sumner, and he had met many who never saw Anson Burlingame. He also said there were quite a number of Bostomans who were so disgusted with the politics of the city and State that tihey had made their domicile in different parts of Europe. I will conclude this article by relating an incident or two appertaining to my schooldays at Lynn. A year or two, or perhaps more, before the war, a gentle-

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f

man sat opposite me at the table of the Milledgeville hotel. I was sure I once knew him, but could not place him; time had made such a change in his hair and features. On in quiry I was more than surprised to hear he was Mr. Adams, who" was the principal of the Lynn academy when I was there, and I was yet more than surprised to hear he was the brother of the second wife of Richard M. Orme, the veteran editor of the Southern' Recorder. He (Mr. Adams) was a brother of some near relation to Rev. Dr. ISTehemiah Adams, who so endeared himself to the Southern people by his able defense of them at Boston, surrounded a:s he was by their numerous and aggressive enemies.
While at Lynn I was aroused one night by a commo tion in the house. It was caused by a large fire at Bos ton or vicinity. Then, from Lynn to Boston, was a plain bereft of forest. The fire was seen distinctly. We ascertained the next day it was the conflagration of the Catholic convent at Oharlestown, burned by a mob because eome well-known Protestant lady had become a convert to Catholicism and had followed it by entering the convent as t nun. Attached to the convent was a school for young ladies that acquired a national reputation. Miss Lamar, to whom I have referred as one of the passengers to Boston, had, on arriving, become a pupil of that institution. It was with difficulty the girls were rescued from the fire. Thus, she who had escaped death by fire in the summer of 1834, met it by water in the summer of 1838. She was two years my senior. She, as I said, at her death was a beautiful young lady of sixteen. It is hard to real ize that if now living she would be an old lady. Her brother Charles, who was saved from drowning in 1834, was killed in an engagement with General Wilsons com mand at Columbus, Ga., in 1865, and is said to have been the last man killed in battle on the Confederate side. It it sad and strange how fatalities follow families.

Culture o! Cotton.
Cotton is, as I remember, a very ancient plant, and has been a product of the earth for years, which can be num bered by the thousands, and was grown in ancient Egypt. It was only valuable for domestic use, and hence raised in small quantities until the invention of the cotton-gin by Whitney. I say by WTiitney, and will never say other wise, although fads have arisen "all along the line," giv ing the credit to others. Lately is the idea that General Greenes widow was the inventor, and Whitney stole it. Mrs. Greene allowed Whitney the exclusive use of a room in her home to work at his invention, and would some times make suggestions. She also boarded and lodged him free of charge, because she saw his idea was a good one and knew how much the country needed the gin. This was not at Cumberland, but at Mulberry Grove plantation, on the Savannah river twelve miles above Savannah. I have talked about it with P. M. Mghtengale, her grand son, and what he s;aid he got from her, and he did -not claim it for her, nor did he say a word against the com mon -understanding that "Whitney was the inventor. Like so many inventions, the inventor could not utilize it, and it was many years before the gin became a practical piece of machinery. At this time Georgia and South Caro lina were practically the only States of the Union who had & climate suitable for the growth of cotton. Then it was more profitable in these States to raise indigo, and

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that was confined to the extreme .south of ^each. To this was added, by those who lived near enough to a navi gable stream, wood and timber, which were floated down in rafts to the different seaports, such as Charleston and Savannah and a few .other smaller towns.
Cotton being only required for use at home, "was raised in very small quantities, just as much as could be manufac tured into cloth by the use of the loom and the spinningwheel, which, together with wool, Should be necessary to clothe the families and their slaves. Hence, spinning and weaving was a necessary part of farm and plantation indus try and was carried on with system. This furnished the farmers with all their wearing apparel. I have seen rich farmers clad in jeans and homespun, even at court and other public places. Every garment they wore was woven at home except their shoes .and hats even the socks were knitted at home. It did not take much cotton to accom plish this, and the acreage required was so small, compared with that required for loom, that the ground it grew on was called the "cotton patch." It thus received that name, and was so called long after the patch had grown into the field. It was only raised in patches, because of the diffi culty of separating the seed from the lint. The old people, mostly the old women and children, were detailed for that purpose, which they had to do by the <hard and tedious process of picking the seed out with their fingers. When the cotton gin "got to going" this process was stopped by all who were able to buy a gin and place it in position, .and of course there were not many who had to continue the old process. But after getting the gin the planter was puzzled to know how he should pack the lint to send to market, and the only way to get to market then, unless by a navigable stream, was by wagon, and in most instances

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after several days journey. This problem was solved by getting such, bagging as was then to be had, and making out of it bags in which to pack the cotton. These were necessarily round, and that they might be handled after the packing, at each end of the bag a portion of the bag ging was left loose and fastened around so as to make a knot to be taken hold of by which, to handle the bag. A hole was left in the floor of the lint room of enough capac ity to let the bag dawn, and then it was fastened so it would hold the weight of the cotton after packing and the weight of a man during the packing, whlo would get in the bag and stamp it down with his feet, aided by a crowbar or other heavy instrument. When these bags were well packed and sewed each weighed about 300 pounds. At least on a crop of from fifty to 300 bags the average was 300 pounds. When I say bags I mean bags as distinguished from bales, as they were called after the invention of the cotton screw and the box which went with it.
An important effect of the invention of the cotton-gin was to raise the price of slaves. They were then very low from two causes. One was that there was <a large per cent, of them native Africans, and the other was that there could be nothing raised from their labor that would pay except rice, and that was limited to a small extent of the terri tory comparatively. In the days long before the cottongin a good horse was worth more than a slave. A gentle man told me he had read the will of one of his ancestors, who bequeathed his horses, mules and other live stock to his daughters because they were so much more valuable than his negroes. The increased culture of cotton, by means of -the gin, had so advanced the price that it in creased the price of slaves, and the planters went to buying more land and more slaves until many planters got to

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owning them by the hundreds, even up to the thousands, aided, of course, by their natural increase.
The invention of the cotton screw with its box appurte nance ended the days of the round bags and began that of the bales. I have never read or heard anything of the in ventor of the screw, and^f any one knows its history I hopehe will tell it, because I consider that inventor as second only to the inventor of the gin. That invention gave cot ton another impetus, because it placed it in a condition where so much more of it could be transported in the same space, and thus largely increasing the cargoes for northern and foreign markets. The square bales averaged at least 450 pounds, and from that -to 500 or 525. Then came railroad transportation and the invention of the compress, where by the latter cotton could :be placed in a yet smaller com pass, which further increased its production without dimin ishing its average price. Thus the cotton belt of the South grew rich as the effect of the gin, screw, compress and rail road, until in 1860 and 1861 able-bodied men slaves aver aged $1,000, and the average land $20 per acre, not to in clude the rich lands of the Mississippi and its tributaries, where lands and slaves were largely more valuable. In connection with cotton-planting comes the history of itsprogress as to the number of bales made by the largest cot ton-planters of Georgia.
We have it by tradition that in 1825 to 1827 the largest crop raised per annum by a Georgia cotton-planter was 300 round bags. Because of making 300 round bags the planter who made them, ]\r. "William Walker, was called "rich Billy Walker." His plantation was in Putnamcounty, not very far from Milledgeville. He was an -ar dent personal and political friend of Governor Troup. While in office the governor would make visits to his-

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friend Walker. On Ms first visit, according to tradition, "rich Billy" took tihe big governor over ;his large planta tion. On reaching the top of the hill he said, "Now, gov ernor, from this spot you will have the most flcopious view of my plantation," and then he called the governors atten tion to a stream at a distance. "Now, governor," he said, "the beauty of the plantation is, that that branch triangu lates all through it." Then, as now, the wrong word sounding like the right, makes a more forcible expression.
At that time, as it was for many years before, "the school master was not much abroad" and the ancestors of many of us were not experts at speaking the kings English, but when it came to action in all utilities they could take the premium.
In illustration of the rapid progress the Georgia cot ton-planter made, I will say that when I went to what was then Baker county (now Dougherty) about twenty years later, the largest cotton-<planter in all Southwest Georgia had planted that year for 1,000 bales and he made 969. Continuing year by year to increase his acreage, thirteen years later (1857) he made 2,000 bales, and at that made more cotton than any man in Georgia, and, perhaps, more than any cotton-planter in the South this side of the Mis sissippi and its tributaries. I have heard there were plant<ers in that region who made from three to four thousand so much that when there was a heavy crop it could not be picked in time for the next planting, and then many bales were destroyed in the planting.
The chief of the Georgia planters was named Joseph Bond. I forget if he was a -colonel, but if he was he was a gentleman who prized the plain title of mister more. His home plantation was in Lee county, within ten miles of Albany, but he had three plantations in that county, and

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as many more in Dougherty. His plantations in both counties adjoined those of Colonel Benjamin Jordan, that afterwards descended to his son, Leonidas, commonly called Lee, who bought one or more of the Bond plantations.
The Jordans were near relatives of Bonds wife, who was a Miss Moughon, the daughter of another rich cotton-plan ter residing in Baldwin county. Joe was one of the several sons of Lewis Bond, a very wealthy planter of "Wilkinson county, Georgia. He left a will"and gave Joe a larger legacy than the otihers. He must have been a man of con siderable humor -and largely of the satirical kind, for in hia will he struck at the weaknesses of his sons and sons-in-law by giving each a special bequest to indulge them. One was a certain sum to be invested in blooded horses, another for game chickens, etc. He had a son-in-law who spent a good deal in fine clothes and jewelry to him he be queathed $1,000 for the purchase of perfumery.
The year after Joe Bond had reached the maximum of 2,000 bales (1858), it is most sad to say he was shot and killed in an encounter with an overseer on a neighboring plantation. He had beaten the faithful old family servant of Bonds wife. Immediately after hearing it he mounted his horse and sought him. He found the overseer in his field mounted also. He rode up to him, knocked him off his horse with a stick, dismounted and was giving him a severe beating when he drew an old-time, common onebarreled pistol, shot up and Bond was a dead man. AVhat a pity! What a pity! At this time he was just fortyseven years of age and a fine specimen of the gentleman and ijhe athlete combined.
Two successive grand juries found "no bill" upon the indictments, and the overseer stood acquitted of the crime. Bond left a young wife with four children. He1 also left

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..a "will, and to the astonishment of every on , directed that all his vast estates in lands and negroes should be sold and the proceeds invested in securities, and they were so sold and so invested. In the changes of time the widow mar ried, and So did tihe oldest child, a daughter, and likewise, iu. the changes the most of this great estate was lost. Had Joe Bond lived until after the war, he would have been .among our very few ante-bellum planters who prospered under the new and perilous condition of affairs. Again, I say, what a pity he so sacrificed his precious and valuable life. His home at the time of his death was at Macon, Ga. He owned what for a long time was the grandest home in llacon even in Georgia built by dear old Jerry Cowles, and is now the home and property of Mr. Samuel Goleman.

Mft at <3eoroias Bat,
From history and tradition we know that wit and humor have been one of the features of the court-room. "We read of it in the highest courts of England, before Georgia, was even a colony, and we read or hear of it in the Supreme Court of the United States, the highest courts of the diferent States, including those of our own State. All the varieties of human nature and human action appear in the trial of cases and other court proceedings. Taking a series of years, and it surpasses the stage, for what we see and hear in the court-room is from real life, while that of the stage is imaginary, although based upon reasonable possibilities.
It is the privilege of the lawyers in argument to indulge in humor as much as they please, but the judge can only do so to a limited extent, lest the dignity and the propriety of the court may be compromised. Nevertheless a judge with a nice or good sense of humor having a good opportu nity, may act his part, and indulge occasionally in a pleas antry that is humorous. This habit of former times, in dulged in by the best and wisest judges, seems to have much declined. The lawyers possessing wit and humor are few in number, or somehow they do not occupy the bench, or if they do, consider it improper to indulge their tastes.
In my earlier years I was always contemporaneous with some humorous judge, and heard of others who had lately passed from that stage of action, so that I became impressed with it as a fine quality and one often of utility. In fact, as one phase of the humorous, I enjoyed it very much.

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~N'<yw I hear very little of it, and if a judge should occa sionally make a humorous point, it seems to be only par tially appreciated by the audience, including even the jurors. Evidently they have not been accustomed to it, and so, if matters progress as they are, it will not be. many years when wit and humor from the bench will be classed among the "lost arts," if art it can be called. Some of our judges have adjudged "law an art," and if so, the manner of its enforcement should be part of the art. Nevertheless we sometimes read in the papers or magazines of some judge who ventures into the field of humor. I will quote two instances, as they serve to illustrate the kind of humor which might be called judicial. A juror asked a judge to excuse him from duty on the ground that he was diseased. The judge said, "You look remarkably well for a diseased man." "I know I do> judge, but it is for the sake of the other jurors, not for myself, I desire to be excused." "What sort of disease is that," said the judge, "that affects others?" "It is the itch, judge." The judge caught on at once, and promptly and emphatically said: "Mr. Clerk, scratch off that man."
In another instance a man in the court-room in a state of intoxication became noisy, and, of course, disorderly. The judge began an investigation by asking the man his name. "My name, judge, is Old Horse." Then tihe judge ordered the sheriff "to put that, old horse in the stable."
From tiie standpoint of the decline of humor upon the bench, I think it might be entertaining to mention some of our Georgia judges, who, in the discharge of duty, acquired a reputation for wit or humor, or both. I shall take them up chronologically as nearly as I can. The first I recall is Thomas Peter Games, who was a superior court judge in the very first years of tihis century. He was the judge who

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asked a young lawyer friend who wtas a candidate for the legislature in Habersham county what his chances for elec tion were. He said he would be elected if he eould get over the objection title people had to him because of his being a lawyer. I will fix tihat, said the judge, and he at once gave him a formal certificate as judge of the circuit, "that he was. no lawyer."
The next is John M. Dooly, who. was a wit as well as a humorist on or off the bench, and concerning wihom many samples of humor have come down to the present time by tradition. I select as an illustration of his quality of humor the following: He had held court at Washington, Gra., all the week, and while he was taking his dinner he called to him the keeper of the hotel, and said: "Mr. Landlord, I am through with the court except one judicial act which I will now perform, and that is to discharge this piguntil the next term of court, upon his own recognizance." The point of it was the pig had mad his appearance at every meal during the whole Week, and for some cause a good part of the pig was. yet present. Akin to this is what Judge William H. Underwood (the father of Judge John W. H.) said to the tavern-keeper at Spring Place, Murray county. The fare was wretched, and cooked so badly it was difficult for his guests to appease their hunger. The judge, on completing his dinner, or rather after he had finished the attempt, very solemnly asked the landlord to come to his ro-om, as he wished to talk to him confidentially. When he came, the judge said to him: "Have you ever served as bailiff to a petit jury?" "Yes, judge, often. Why do you ask the question?" "I thought you had, and I fear you are under a hallucination that your guests are jurors you are guarding!" "Why so, Judge?" And then the judge answered: "Because you are keeping them as nearly
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as you can without meat or drink, candle light, fire and water only excepted." The landlord assured the judge that if he was under such hallucinations he would at once dispel it, and give him substantial evidence of it. My con clusion is from such evidence as I have had, that Dooly was the greatest wit (and humorist combined of all the Geor gia judges, and that Underwood was equal to him, if not superior, in the separate quality of wit. Whether you can call it wit or humor, or -both, in Dooly, he was genial, even at times congenial, but Underwood was solely a wit, for there was in all his bright sayings a sarcasm that was stinging, sometimes crushing.
The next judge I shall name was Augustin Smith Clayton. I have no samples of his judicial humor only that in private and disconnected with his judgeship. He had the reputation of being a man of "infinite humor" which came to the surface all the time, whether in or out of court, and "whom to know was to love." My next judge noted for his wit or humor was Edward D. Tracy, the father of Phile mon, the major of the Sixth Georgia, who was killed at Sharpsburg, and of General Edward D., who was killed in battle near Vieksburg. The most of Judge Tracys wit ticisms on the- bench were gotten off in colloquies with his solicitor-general, Augustus Wingfield, called for short "Gus." He was also a bright, humorous and appreciative man, and was generally equal to the requisitions the judge made upon him. It is said that the court-house humorous talk between these two was entertaining to the last degree. Once the judge "caught out" Mr. "W.
It was at Monroe court (Eorsyth). The judge was making his general charge to the grand jury. There was no supreme court, and parties were allowed one appeal from the verdict of a traverse jury to a special jury stricken from

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the grand jury. The judge stated to the grand jury that the appeal docket was immense that there were 300 eases on it, and hie had no doubt nearly all of them were frivolous appeals; that the dockets hald to have a cleaning out like the Augean stable had. Just at this time he turned to Solicitor Wingfield and asked him the name of the river Heroules turned through the Augean stable. Grus answered very promptly, "The Styx, your honior." "The Styx, you Say! I thought you were a scholar, Mr. Wingfield. I will tell you now, eo you will know it hereafter. It was the,river Peneus Hercules so well utilized."
Judge Tracy was the judge of the Flint circuit, a part of which Bibb county then was, but there was a new circuit formed, in which Bibb was embraced, called as now the Macon circuit.
In the course of two terms after leaving the bench Judge Tracy had a successor in the quality of wit and humor, who was Abner P. Powers. He could get, rand get with pro priety, more fun out of the dockets of his courts than any judge I ever knew". His humor was like Tom Moores poetry it Was all sio good there was but little that (to use a common phrase) "stuck out." He was kind, genial and gentle. It was owing to one of has rulings that the law was passed against what was termed "wife-beating. A man was prosecuted in Dooly county for an assault and battery upon his wife. The judge determined that the law of as sault and battery did not apply to fusses between man and wife. It was thought at the time erroneous, but upon re flection it was concluded the judge was right, hence the law against "wife-beating." The argument of this case was about the most amusing scene I ever witnessed in a court-house. It was in vain the lawyers read from the books that the husband had a right to chastise his wife if he did

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not use an instrument larger than his thumb, had been done away with in the more polite reign of Charles II. Judge Powerss criticism upon Charles II. was rich beyond de scription, and as true as it was both just and amusing. That vicious fellow, Charles II. should make no precedent wor thy of observance.
The most modern humorist iamong our Georgia judges was John W. H. Underwood, and in his day, perhaps, the only one on the bench who could be so called. He must have inherited this quality, for, as I said, his father in that respect was superb, and it was much of the same sort as his fathers. The lawyers who practiced in his court relate many of his humorous sayings and many humorous scenes occurring in his courts. In a paper read before the last StateBar Association, by Hon. Charles H. Smith, commonly known as "Bill Arp/ he narrated several of his humorous sayings and scenes, which paper I do not have before me, or I would select a sample. I know of a few, but there istoo much of the ad haminem in them to be published, lest the objects of his jests might be offended. We now have in office and in the active discharge of his duties as a solici tor-general a lawyer of great wit and humor. Those who know him and of him will at once say I mean Charles D. Hill, of the Atlanta circuit. For nine years I have pre sided where he performed the duties of prosecuting offi cer. It would seem that in that time his resources would be exhausted, but not so. They seem inexhaustible. It is very rare that he tells the same anecdote, incident, or makes the same quotation a second time. His anecdotes are "rich, rare and racy." He is very happy in -those appertaining to our -colored fellow-citizens, although he often says, when he meets a genuine "befo de war darky," he feels like taking off his hat to him." In illustrating the thickness

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and hardness of the skulls of the descendants of Africa he said a negro man was sitting in front of his house under a tree asleep; that he was doing some heavy nodding to the right, to the left and in front. A goat came sauntering along, and, looking ait the nodding negro, he supposed he was challenging him for a fight. So he rose on. his hind feet and gave the negro a butt in the head. The effect simply was that the goat lay dead and the negro kept on sleeping .and nodding. Another of his colored anecdotes 13 that a negro and a White man got into a dispute over the sacred scriptures. The white man got out of patience witih the negro and angrily said, "Well, no matter how that is, no negro will ever get Do heaven." "Why so," said the negro. "WTiy, simply because the negro is nowhere men tioned in the Bible or Testament." "He isnt, eh?" re torted the negro. "Id like to know what you gwine to do wid Nigger Demus?"
Sometimes I asked Mr. Hill questions to draw him out, a la Tracy and Wingfield, and he was always equal to the emergency, except once, with which exception I will con clude this article. To illustrate, when our long criminal term was drawing to a close, John Monagan, the solicitors bailiff, assured me he would get through in two or three days. I congratulated myself that my long and difficult labor of nine weeks would soon be over. On going to the court-room the next morning, the first thing Mr. Hill did was to order the sheriff to bring out the remaining prison ers, when, to my horror, there were just fifteen of all shades, from nearly "snowy white to sooty." Among them were the rough burglars and the delicate demi-mondes of the colored "four hundred." After they were seated I asked Mr. Hill why was our court like Tennysons brook. He promptly answered, "because it runs on forever." At the

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recent session of our court we tried a negro charged with burglary, whose name was Ivy Green. I could not resist reminding Mr. Hill that he was prosecuting a man who bore the same name as a poem by his friend Dickens. I said his friend Dickens, because he oftener quotes from Dickens than any Other author, and has an enthusiastic admiration for him. But now, for the exception: On the first day of every session the prisoners are all brought into the court-room to see who is the lawyer of each, and if -a prisoner has none to appoint one. The basement where we hold court is fitted up church-fashion. The Central Presbyterian moved the pews of their old church there and held their services there while the new church was being constructed. When they moved into their new church the county bought their old pews. The prisoners are seated on the two pews in front, and as the name of each one is called he tells who his lawyer is, or if he wants one appointed. When -the last one in the row stood up his clothing was all in shreds, and it seemed that he and it Would at once part company. He had no lawyer and I had! to appoint one. Taking the idea from his tattered condi tion, said I, "Mr. Hill, is the* any lawyer at this bar named Sans Culottes?"
"I know of no lawyer of that name, he replied, but why do you ask the question?"
"Because," I said, "if there is a lawyer at this bar named Sans Culottes, he is the very one who should defend this man."
With perfect seriousness Mr. Hill replied, "I assure your honor I know of no lawyer of that name."
For the first time I discovered that Mr. Hill had not "caught on." I simply said three times in a distinct and solemn tone: "Lost! Lost!! Lost!!!"

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Perhaps I had better explain, for the benefit of some reader who might be in Mr. Hills fix, that the rabble, the ragged republicans during the French revolution, were called the "Sans Culottes," the literal meaning of which is "without breeches." Under a cruel and unscrupulous leader this part of the Paris population committed many atpocities and they were much dreaded by both friend and foe. I do not know if Mr. Hill knows to this day that ne failed to take my idea, which, might be my fault for making such an application of the phrase, "Sans Culottes."
Lest many may not know who I mean by Mr. Hill, I will state that I mean Charley Hill. "Mr. Hill" is my court-room name for him, as "Captain Myers" is my court room name for Prank.

pattfs Cbilbboob,
One day close on forty years ago I happened to meet the late Maurice Strakosch in some piano warerooms in To ronto, Canada.
"I have been telling a friend here" said he to me when I entered, "that I have had for some time under my instruc tion a little relative of mine, not yet out of short dresses, a sister of my wife, who is destined to become one of the greatest singers in the world. She is yet scarcely ten years of age, but so phenomenal is her voice, her execution and her musical genius generally, that I have already brought her out in concert, and iam now arranging for her appearance at Hamilton in conjunction with Ole Bull, Mme. Strakosch and myself. Come and hear her, and one day when we meet again, you will tell me that I prophe sied truly."
Years rolled by and Patti was in the zenith of her fame when Straboseh and I met again, but this time in New York, and on the occasion of his last visit to that city. "With wondrous tenacity of memory he referred to our con versation of long ago regarding the famous Spanish diva.
"Yes," said he, "she has realized all my expectations as far as her art is concerned, and so proud was I of her I had determined to never take another pupil. ISTor -would I have taken one had I not been betrayed in Vienna into breaking my resolution. But," he continued, "more on this sub ject when I see you again, for I must now be off to keep an engagement."

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The other pupil referred to at the conclusion is now a _young lady named Nikita ISTicholson, but sings under tlie name of "jSTikita," and although "not yet twenty years of age, she has sung almost everywhere in half a dozen lan guages with uncommon success. In Russia she created such a furor that at Moscow the students almost wrecked the interior of the opera house because the management would not suffer them to encore her as much as they pleased." Her name is Marguerite Louise ISTicholson, and she was born at Washington, D. C., August 18, 1872.
Not long after the meeting of the Worlds correspondent with Strakosch "close on forty years ago" perhaps as much as a year, and In this very month of February, 1854:, he (Strakosch) visited Milledgeville, Ga., during a session of the legislature, with a concert troupe. It consisted of Ole Bull, Strakosch himself, and his wife, known to the stage as Amelia Patti, and the prodigy, Adelina, called then the "Little Patti," to distinguish her from her two .grown sisters.
She was said then to be nine years of age, but according to the date now given of her birth, she had accomplished her tenth year. She did not look older than nine, and was perfectly childlike in her appearance and behavior. Her sister had an infant, "a child in arms," and it was evi dent that it was a part of "Little Pattis" duty to "nurse the baby." She would roll it in the baby carriage up and down the sidewalk, in front of the Huson hotel, where the troupe were guests. The house and servants were the property of Mrs. Huson, an aged lady, and she was also the landlady. Her attire was of the fashion of an ancient date, and as a part of it, she wore regularly the Martha Washington cap.
It would make a picture for a painter, or photographer,

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to take the old lady as she sat on the veranda, and watched little Patti roll the baby backwards and forwards along the sidewalk. There was much of substantial comfort in the old ladys hotel. So was there at McCombs (her son-in law), and at Beecher and Browns the three principal hotels of the town.
Mr. Toombs remarked, after his first visit to Europe, that the Milledgeville hotels furnished fare at a dollar and a quarter a day that would cost ten in London or Paris. Then, the servants were superb. They were trained to their duty from small children by their masters and mis tresses. They were an essential part of the population of the old capital, and are now well and kindly remembered. Most of them are lamented, for now there are few remain ing who were on duty from thirty to forty years ago.
The concerts were held at night in the senate chamber, and Little Patti had to be placed upon an elevation to be fully seen and heard. When nothing else could be found she stood upon a chair. Of course the audience was charmed with the singing of the cliild, but I suppose no one thought or imagined she would be the prima donna of the world. Her sister, Amelia Strafcoscli, had a superb voice and a well-earned reputation. Ole Bull was a violinist without an equal, and altogether the lovers of fine music were delighted. In these days of so many fine opera houses, it is strange that less than forty years ago, the worlds greatest violinist and greatest prima donna traveled through the small towns of the South. At the time I write of Max Strakoseh, the brother of Maurice, was the opera manager of New York city the Mapleton of later days. Mapleton spirited Patti away at the age of seven teen from her brother-in-law, and gave her the send-off that culminated in her unprecedented triumph.. Strakoseh

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was the better trainer, but Xapleton sthe better showman, and while the musical world are grateful to Mapleton, care should be taken to concede all honor to Strakosch, who was a father as well as teacher and trainer to Patti. Maurice., poor fellow, is dead, and "JSTikita," who is taking Patts ; place in opera, is singing under the management of his son, who is Pattis nephew.
Thus it is that gifts and employments descend from parent to child, and even to later generations. Patti her self is an illustration of this. Her mother, Madam Barilli, was in her day not less famous in Europe than her daugh ter. It will astonish one who is not already informed toknow that she was the mother of twelve children eight of the Barilli, and four of the Patti marriage; and Adeline was the last and youngest of them all.
The circumstance of her birth is worth mentioning. The mother was playing an engagement at Madrid. She went through with her part as usual one night, but before she 1 left the opera house she added another to the number of her children, and the babes voice was first heard in the "green room." Kings and queens are said to be "born in the purple," and that figuratively is applied to those whofollow the professions of the parent, but Adelina was not only "born in the purple," but in one of the apartments of the royal palace. Here we should pause and salute that great mother, who could pursue her vocation whileshe bore and reared twelve children.
To sing in opera was her business in life, and she had the children and disposed of them as if they had been so many little "side-shows." How often has *he observer noticed the same in the ordinary affairs of life, where the mother would have so many children, and yet keep up with her domestic and other duties. Some of them would have-

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from ten to fifteen, and after nature had relieved her of further duty of that kind, she would get her a new black dress, a clean collar, brush her hair, put on a new white cap, and preside at the table, looking as innocent as if she had not had more than half a dozen.
In reference to actors and authors and others being "bom in the purple" the Booths are a notaJble illustraltion. .Among the dramatis persona; in tihe British drama will be found the name of Booth, and as far back as the very early years of the eighteenth century say 1705. Apro pos of this as to Patti, the same, perhaps, may be said of her ^husband Mecolini.
Colley Gibber, an actor, author and scholar, has written. a book which he calls "an apology for his life." He began his career as an actor more Uhlan two hundred years ago, and later in his life wrote the book. He gives his expe rience with the stage -and tihe actons and actresses with whom he came in contact. He it was who revised the play of Richard III. to better adapt it to the stage, and his version is the playing copy used to this late time. In his book he gives us the history of the opera in London, and the best and most famous of singers was a man named Iviccolini. He says: "The first opera that appeared was Pyrrhus. ... The chief performers in this were Mccolini, Yalentino and Mrfe. Tafts; and for the inferior
parts the best that were then to be found. AVhaJtever praises may have been given to tihe most famous voices that have been heard since Nieeolini, upon the whole I cannot but concur in the opinion that still prevails among several persons of condition, who are able to give a reason for .their liking, that no singer since his time has so justly and gracefully acquitted himself in whichever character
ie appeared as iNiccolini."

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The critical censor of Great Britain says of ram in his115itih Tattler: "ISTiooolini sets off the character he bears in an opera by his action as much as he does the words of it by his voice; every limb and finger contributes to the part he acts, inasmuch thata deaf man might go along with him in the sense of it. There is scarce a beautiful posture in an old sfetue which he does not plant himself in, as the cir cumstances of the story give reason for it. He performs the most ordinary action, in a manner suitable to the great ness of his chkraciter, and shows the prince even in the giv ing of a letter or dispatching of a message."
ISTiccolini flourished in the early years of the eighteenth century, say 1720, and can it be tihalt PaJttis JSTiccolini de scended from him, or is it only a coincidence? If merely a coincidence, it is interesting to mention.
The beautiful little giirl child that I first saw in 1854still retains her place and her fame in opera, but her pres ent engagement in the United States may be her last tri umph, for in less than two years more she will have reached the half-century mile-post in the journey "from the cradle to the grave." How sad it is for a singer to lose voice, and how much sadder for a woman to lose her voice and her beauty. When both of these is the fate of a lady, it is a calamity, and one that all must deplore. Nevertheless, the humiliation may be averted by bearing it resignedly and gracefully, for it is according to Q-ods laws.

Ib Bctors,
During ftihe midsummer of 1851 there were only two theaters open in fib. city of New York Niblos and the Bowery. William E. Burton was the star of Mblos; even his own theater on Chambers street was closed. Edward Eddy was the star of the Bowery. Nightly these two re sorts were crowded. At that time Burton was the greatest American comedian. One night he would appear as Mr. Toodle, in the play of "The T oodles," being supported by Mrs. Hughes as Mrs. Toodle. The next he would appear in some genteel comedy, supported by Miss Lizzie "Weston, and so on, each night alternately. Mrs. Hughes was a middle-aged lady and made a fine Mrs. Toodle. Miss "Wes ton. was a beautiful young woman with dark tmir and eyes and ranked high as an actress. She soon married Adolphus Davenport, commonly called "Dolly," an actor and brother of E. L., the father of Fannie. In a few years there came the usual divorce. Just ait this time, also, came Charles Matthews to New York, an eminent English actor. Miss Lizzie was his support. He loved and married her. Soon the pair went to England and never returned to the United States. Several years since the husband died, and now the widow is enjoying in England a serene old age, while sur rounded by all the comforts of life. An amusing incident occurred shortly after Matthews returned to England. He and his wife were playing "London Assurance" at a Lon don theater; he as Sir Harcourt Courtley, and she as Lady Gay Spanker. The Lady Gays husband in the

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play was named Dolly Spanker. There is a point in the play where the Lady Gay rushes on the stage exclaiming, "Wheres my Dolly? wheres my Dolly?" She received an answer from a cockney gallery god, who answered the inquiry and said:. "Your Dolly is hover in Hamerica."* The effect can better be imagined than described. As will l>e remembered, her Dolly "hover in Hameriea" was Dolly Davenport. Burton gained yet greater reputation in his character of Toodle, and played it as long as he lived, but aks, after his death mo actor succeeded in ifthe part. It was found that Burton was the only Mr. Toodle. It took a man of his style and genius to please the public in that role, and so when Burton died the play k>f "The Toodles" died. He was a man of culture and fond of literature. He was a writer himself, and has left an interesting book a compilation of humorous stories. Several are drawn from our Southland, and among them "Polly Pea Blos soms Wedding," by John B. Lamar, and some short stories by Judge E. M. Charlton, of Savannah. How few of our young people now know anything of "Billy Burton." And yet he was the Joe Jefferson of his day. He and Logan, the actor, were devoted friends the same who was the father of Eliza and Olive >and other sisters. They made, when young men, a compact that their children were to bear the same names. Alas, all of the Burtons died, and .all of the Logans lived, and have made their mark in the world. Thirty years ago Eliza Logan and Julia Dean were the two great lady actresses of the United States. Both married, and alas! both soon died, and each before reaching the age of forty. Eliza had the most superb elo cution of any woman whom I have ever heard. Not Macready as an actor, or Bertiem as an orator, excelled her. Her address to the statues in Shields play of

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"Evadne" was grandeur reaching sublimity. Mary Anderson fell far short of her in that role.
"When, the play of "Our American Cousin" was first written so Tittle "was thought of it <thalt it was difficult to get a cast for it. The actors were afraid of it. At last one was made up and it was played. Sothern was one, but he did not take the part that the author intended as the great one of the play. In the part he took he did not fol low the author except as he chose. He changed the words in. many passages, but above all he changed the character and the acting. He made a great hit, and thus Sothern demonstrated how superior acting may make an inferior part the superior. His conception was substituted for the authors.
Sot-hern, after acquiring fame -and riches playing "Our American Cousin,"was taken away by the relentless hand of death. Since his death his son essayed to take his place, but did not succeed. Wo one else has succeeded, and thus when Sofchern died the play of "Our American Cousin" a]so died.
Who lt)hat has seen him does not remember with pleasure John T. Raymond in his character of Mulberry Sellers?" Raymond played the part until he was tired. It became mo notonous. He tried first one substitute and then another, and neither succeeded. He made such a hit as Mulberry Sellers, his acting in other characters, though good, did not satisfy his audiences. He suited Mulberry Sellers, and Mulberry Sellers suited him. He was a natural "born Mul berry Sellers. When he played it he excelled himself, and he could not help it, for he felt and looked the part. He was, to use a slang phrase, "just built that way." John Owen played everything well, but stuck out in nothing. Yet he held audiences as long as he played. He could-

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give satisfaction in other parts as well as,he could -as Solon Shingle,
It came poor Raymonds time to die. He followed Bur ton and Sothern, and when he died Mulberry Sellers also died. It seems there is no resurrection for Mulberry. "We -have plenty like him in life, but nobody to play him. It is iall serious work with tihem. Whether it is booms or minerals or inventions, there is always "millions in it," but the millions never malterialize.
This brings me to Joe Jefferson as "Rip Van Winkle." Many have attempted "Rip," but none have succeeded. There is but one Rip Van Winkle and never will be an other. Jefferson, like Raymond in "Mulberry," although he is a fine performer in every character, cannot come up to "Rip Van Winkle." When we have seen him in that, we do not care to see him in any other play. This way of an actor exceeding himself is somewhat of a misfortune. He wishes to play other parts, but his admirers prefer him in the same old part. It must be very tiresome. Some thing very like eating a quail every day. It is Very pleas ant eating, but becomes so monotonous as to destroy all relish for the quail, and yet every one Who does not have to eat a quail every day, likes a quail any time especially on toast. The contemplation of Joes death is sad sad every way; sad for the pleasure he has given us; sad for the pleasure he will give us no more. He has made us cry one moment and laugh the next. Then he has made us do both at the same time. How can we pant with little Menie, the dog Sehneider, and even Gretchen, who would lecture Rip and "Scare de Ducks." Then those dumb men in the mountains, who had no sisters dumb like them, for they would have made such good wives, so different from "Gretchen."
12

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We have not arrived there vet, but there are those "who will live to see that when Joe Jefferson dies, Rip Van Win kle also dies. These remind me of some plays of the past that died with the players. Edwin Forrest had no superior as an actor in tragedy and kindred plays. He too was a peculiar man. "Mature had formed but one such man." He was large, tall, stately. He had a strong, deep, musi. cal voice. His intellect was as grand as either, and his whole style and manner suited all. Seeing his peculiarity, his friend Dr. Byrd, of Philadelphia, wrote for him "The Gladiator." How he captured audiences with it and added to the fame of both author and actor!
Forrest has been dead for more than twenty years, and so has "The Gladiator." There is a play of that name now upon the stage, but a different one, by some Frenchman. It is not Forrests Gladiator no one can play that but him, and he is dead. There is yet another play that died with Forrest. It is "Metamora," written especially to suit him by a youth from J$ew Hampshire, who came to Phila delphia and was captivated by Forrest. His name was John A. Stone. It is sad to have to say he committed suicide by drowning himself in the Schuylkill, and sadder yet to say, at the early age of twenty-nine. Forrest res cued his body from its watery grave and gave him a funeral and a monument. ]STo one can play "Metamora" now, be cause Forrest is dead.
These are not the only instances of plays being written to suit the style of particular actors. AVe have glimpses that it may have happened as far back as Shakespeare. The most beautiful of the modern dramas in English were writ ten % Sir Edward Bulwer-Lytton, then Edward Lytton Bulwer, and he is now mostly known as "Bulwer." The most beautiful of these are "Richelieu" and the "Lady of

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Lyons." In Bulwers time Maeready was in his glory and he wrote a play especially to suit his style, and he called it "Richelieu," no less or greater personage than the "old car dinal." Having so -written it, Macready was the original Richelieu that is, he was the first to play the part the first to present it on the stage to the public. But the play of Richelieu did not die with ilacready. It was within the power of other actors to play it, and to play it well. Booth and Barrett were good in Richelieu. Bulwers plays, nor Sheridans, Knowless or others of the modern British diama, that once were so popular, are put upon the stage mow. Why? Because the public taste has changed. The trashy and the flashy the sensational and the spectacular have taken their places. To say this is to say the public taste has changed for the worse; has become in short vitiated. How can this be when education is higher and more general? It does not prove that higher and general education accomplishes all that is claimed for it. As with the plays, so it is with the dances. For the chaste quadrills and the beautiful lancers, the dance called "the german" has been substituted. The german affords the op portunity to waltz nearly all the time, without seeming to design it, and yet that is the purpose "all the same."
The older and wiser heads do not think it is good for the young gentlemen and ladies to waltz too much, only occa sionally, and then decorously. Right here some smart fel low will rise up and cry out pessimist! and who can stand before such a charge? It puts the bravest to flight so I retire in as good order as I can.
A single piece of acting, that cannot be reached by an" .actor in any other play, is akin to the one piece of literature that so elevates the author that neither he nor another can. reach it. That is well illustrated in Grays "Elegy," and

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yet Gray has "written a book of poems. ~N'o :one cares any thing about the book because they know no other poem can approach the "Elegy." If one wishes to read from Gray, h or she reads the "Elegy" again, and every time he reads it sees new beauties. Another illustration is the "De serted Village," by Goldsmith. If one wishes to read a poem from Goldsmith he reads "The Deserted Village" over again, and, as in Grays "Elegy," he finds new beau ties every time he reads. Our own Richard Henry "Wilde is the author of a long poem, making a good-sized book itself, and containing throughout many gems, but "My Life is Like the Summer Rose" is enough for the most fas tidious. They care for nothing more from Wilde. "Whittiers tribute to Burns came very near placing him along with Gray and Goldsmith, but there is "Maude Muller" and dthers nearly or quite as good, -which saved, him from that distinction. Longfellow came yet nearer it in his"Psalm of Life," and might have reached it had he not writ ten "The Day is Done" and "The Footsteps of Angela." It seems there is no danger in doing better than others, but there is in doing better than ones self.

ttbe late Warb flDcHllister.
Some Short time since I sent to your paper a contribu tion by Ward McAlligterto the New York World, request ing its reproduction, and you kindly granted the request. I also prepared it with a few introductory and explanatory remarks, which you published. The subject of the piece! substantially was the present condition of the Democratic party, and its prospects in the future, in which Ward took a more hopeful view than is entertained by many of our party leaders.
The perusal was a guarantee that Ward understood the political situation, and that although a leader of the aris tocracy, he was politically a genuine Democrat a combi nation I suppose many would doubt. Ward has been con tributing at intervals, perhaps weekly, to the JSTew York World articles on various subjects, and, of course, society, its customs and usages were not neglected. The best of them I have read, and comparatively of recent date, and since the one alluded to, is head-lined, ^Can a Trades man be a Gentleman?" I have intended for some time to send that to you, with a request similar to the otter, but my court duties for the last four weeks have been so heavy that I could not find suitable opportunity. I determined the day before I would attend to it last Friday, but reading your paper early that morning I was amazed and horrified to find therein a telegram announcing his death. That was a coincidence prbmoltive with many of superstition. His tdeatlh necessarily changed tOie manner and matter of my

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proposed contribution, and I delayed it a few days for fur ther developments.
A paragraph from the 2vTew York World of Sunday lastr after Wards death, said:
"Mr. McAllister was a social, not an intellectual influ ence. He had a profound belief that really good society in the social sense must be founded, even in a republic, on something better than mere wealth; that it must have character, distinction, conservative cohesion, and must be in a sense exclusive. He has said over and over again that what is known to us as the best society does not get its warrant from birth, or from money, but from the ability to separate himself from everything that is vulgar and igno ble, and to exercise with absolute independence the privi lege of refusing to associate with anything that did not come up to its own standard, no matter how arbitrary that standard might be."
The same piece says: "MeAllister rode into recogni tion upon a phrase" the stereotyped four hundred, but from time to time it has been claimed that this is not origi nal with McAllister, as it appeared in a small book in versa written twenty-five years ago, by Edmund O. Stedman, called The Princes Ball, inspired by the visit of the Prince of Wales to JSTew York. There was an organiza tion to give a formal reception to the heir, to the British throne, called the -council of four hundred. It is prob able that the term four hundred was taken from facts in history which antedated by centuries both Ward and Sted man." Borrowing from the erudition of a friend, Hon. A. H. H. Dawson, of New York city, I will state "they had four hundred senators or public officials that administered the government of Lacedsemon; also in Thebes, in Car thage and in Eome." So it seems the term "four hundred7

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is "both historic and classic. If four "hundred were so often selected to run the government, why may not the same number be selected to run "the best society"? If this is so, "Ward may not have meant there were actually four hun dred, but the whole -of the elite were to be called, in defer ence to history, "tihe four hundred."
AS while I write Ward is dead, it may be appropriate to state his genealogy and his surroundings at different pe riods of his life. The original McAllister, that is the American ancestor, was a native of Scotland. His son was Richard McAllister of Pennsylvania. This son Mat thew came to Georgia, perhaps in colonial times. He mar ried -a Miss Gibbons, and they are the parents of Malfjttbew Hall McAllister, a distinguished Georgian, who was ap pointed by President Pierce the first supreme court; judge for the States and Territories on the Pacific. His wife was Louisa Cutler of Boston, Mass., a daughter of Benjamin Clarke Cutler. While a "New Englander on her fathers side, she was Southern on her mothers. Her mother was the daughter of a sister of General Francis Marion of South Carolina. The children of the marriage of Matthew Hall McAllister with Louisa Cutler were Julian, who graduated at West Point, in 1846, in the class with McClellan and died while -commandant at Governors Island, so/me ten years ago. Since the- war he had the rank of colonel but he should have been a general. The reason of this is he was not in the field during the whole wiar, because he was kept detailed for the ordnance department. The next was Hall. The Matthew was omitted at his christening. He went to San Francisco with his father, and becoming one of the first, if not the very first lawyers of the city and State, he re mained -there until his death, which occurred about seven years ago. Hall was the most intellectual of all tihe sons.

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Indeed there were very few of any family his equal. He was one of *he few wihbse intellect could be called prodig ious. ]VIy brother (Rev. Dr. Clark) was in college with him. at Yale, but Hall was two or three years in advance of him. He said Balls class had to write a thesis. Hall prepared one and read it to !his roommate. After reading it he was not satisfied, even disgusted with it, and pitched it towards the fire. It did not readh the fire, because the roommate intercepted it. He preserved it and adopted it as his own. Hall wrote another, and when the selections were made fffhe one Hall wrote was pronounced the best in the class, and the one his roommiaite claimed and he wrote first, the next best.
There Was a large streak of the wag in Halls make-up. His father had a private tutor, a very learned German, es pecially in the languages, but very peculiar. Hall was occa sionally satirical to the teacher. Therefore he did not like him. He could do nothing to please the teacher. He was particularly severe on Halls compositions. He would in variably enter on the face of them in red ink and a large hand, Miserable." Hall, knowing this was from preju dice, determined to play a practical joke on the teacher, so for his next composition he copied one of Addisons essays. It came back to Hall marked "More miserable tihan any." Seeing it, Hall said: "Yes, that proves my judg ment was right, for I have never admired Addisons style as others have." The sequel may be imagined. Hall was or dered out of the school and kept out for a week.
Next to Hall was Ward. Then came Francis Marion, now land for m!any years the rector of an Episcopal dhurdh in Elizabeth, 1ST. J. The next was Benjamin Cutler, who became a lawyer and practiced with Hall, but died while yet a very young man. The sixth and last was a girl. She

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was beautiful, sweat and iartless. She married her cousin, Francis the younger, of New York city, and lias been long dead.
Wards wife was a Miss Gibbons, and that being the maiden name of Wards paternal grandmother, she is his second cousin. Her father, although a citizen of "New Jer sey and interested in steamboat navigation on the Hudson with Cornelius Vanderbilt, was a native of Savannah, Gra., and owned a large rice plantation on the river of the same name and slaves by the hundred. A sister of Mr. McAllister (Wards mother) married Samuel Ward, of the old banters, Prime, Ward & King, of jSTew York, in the early years of this century. Ward McAllister was named for him, but in early manhood he dropped the Samuel. A son of that marriage was Sam Ward, a noted society man and lobbyist, who gave elegant entertainments at Washington. Mrs. Julia Ward Howe is a daughter of the same mar riage; so is the wife of the sculptor Grawford, who went to Rome to pursue his art. A son of these is Y. Marion Orawford, \tihe famous novelist of tihie present times. He is perhaps to be raited first at the present time of all the novel ists in England or America. Any one doubting this I ad vise to read "Sar^aoinesoa" and the sequel "Sanf llano." Ward McAllister was, therefore, the second cousin to Orawford the novelist. It will be perceived that Ward paternally and maternally belonged to a very distinguished family, both as to pedigree and intellect. His. mother was one of the best and noblest of women. If it were admissi ble I could give incidents in her life that would define her as among the most exalted of humanity. She and her gifted husband have long since passed into "the spirit land," .arid as each died it could be truly said that no better man or woman survived them.

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Ward has quite a number of relatives residing now in Georgia, and some of them in Atlanta. They are all the lin eal descendants of the Richard McAllister before referred to. A daughter of his married John Orme, of Maryland, and they moved to Georgia. Dr. F. H. Orme and .his brother Aquilla, of this city, are the grandsons of that mar riage ; so is Ridhard M. Orme of Siavannah., known in liter ature as R. M. 0. Likewise -are Mrs. Burlow Campbell of Atlanta, and Mrs. Charles T. Crawford of Milledgeville. These named are second cousins of the famous "Ward, and whatever distinction there is in that they have it. Per haps there is more distinction in being nearly related to "Wards father and brothers. Besides those named, the Osbornes of Savannah and Augusta, and I believe there are a few in Atlanta, are likewise descended from Richard McAllister, The present State senator from the first dis trict is One jof them. He is not nearer than fourtfh ciousia to Ward, but as Mark Twain said about our relationship to Adam, although very remote, he is "nevertheless a rela tive."

H Iborse Swap,
On the 5th of February, 1844, at Savannah, I was com missioned to plead and practice law in the State of Geor gia, whidh was before I had completed my twentieth year. As the practice of law was *hen in tfhait city, it took a young lawyer about three years before he could make enough to support him. I could not afford to wait, and, therefore, determined to locate in Albany, Ga., then in the county of Baker. I was induced to select tfhat place because the best friend of my life had cihanged his residence to that vicinity. He was a planter and his name was Robert Lunday. Long ago lie has paid the debt of nature, and if a good man is sure of heaven, there is his abiding place.
From Savannah across tlhe country by what is called the dirt road, and then there was no other road by which Albany could be reached, there were >two routes, <one two hundred and ten miles and the other two (hundred and fifty. The shorter and lower route Was to cross tihe Altamiaha at Manns ferry, in Tatnall county, and go from there to Irwinville in Irwin county. The longer and upper route was via Hawkinsville. The metihod ftihen of making long journeys was by horseback or sulky. The latter I believe fas now gone, oult of fashion, and was like unito what is called a "road cart," but with only room enough for one. "When a man went on horseback he carried all he could in a saddle-bag laid across the saddle, upon which he sat as he rode. I mention this because now I as seldom see a pair of saddle-bags as I do an old-fashioned sulky.

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It was the habit then for men to make long journeys all over the State in one or the other of these two ways and be absent for from one to three months. These long jour neys were mostly performed by the land speculators, of whom there were then and for a long time before, and some years after, many in Georgia. If a man had to make a long journey by horseback or sulky (and the sulky was the ex ception), he would get some man who knew the route to make out for him what was called a waybill. This was a brief statement of the roads he should travel, together with the bridges and ferries upon them, and more especially the houses where he could put up for the night.
These were generally about forty miles apart, that being considered a good days journey by horseback. If one should miss getting to the regular stopping houses, he would likely be put to more or less inconvenience, either for want of any house where necessary, or being a house where the resident was not equipped fo-r "taking in travelers," as twas called; but our Georgia farmers would not turn off a stranger, but would be sure to say you might stop "if you could put up with the fare." By next morning the traveler might fully appreciate why this qualification was made.
The class of men next to the land speculators who made long journeys on horseback were the Methodist preachers of that time, who belonged to the Georgia conference and were called "circuit-riders." Georgia then held but one confer ence, and was liable to hold a conference in the extreme northern part of the State -and thte next in the extreme southern part. For illustration, when the conference was held at Athens, the preacher, to get to his appointment, might have to travel to some country bordering on the Florida line; and when the conference was held at Savan nah, the preacher might have to go to some country in the

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mountains of Georgia, and perhaps bordering on the Ten nessee or !Nortih Carolina line. It Was from this latter necessity that John B. Lamar -wrote his story called "TheBlacksmith of the Mountain Bass," in which the black smith, being an unbeliever, picked a quarrel with the cir cuit-rider, and finally forced a fight on him in whMh tih.e~ preacher got him down, and >as Lamar says: "literally mauled the grace of God into him," for he would not let him up until he promised to insult no more preachers and promised "to seek the grace of God that all other blessings might be added to him."
This is an exquisite story, and our newspapers should reproduce it once every ten years, that the young people niay read it. Also they should reproduce at the same inter val that other exquisite story by tfhe same author, called Tolly Pea Blossoms Wedding."
In respect to the latter I -am tempted, en passant, to say that in a story written by one of our modern Georgia humorists, the names of the persons figuring in the story were the names in "Polly Pea Blossoms Wedding" with just slight alterations, and it was evident that the writerthroughout had drawn his inspiration from the same story-
There is an anecdote also illustrative of the Methodist preachers long journey on horseback to reach his circuitOne of these stopped one night at a farmhouse in the mountains. He was a revelation to the family, for he had on store clothes and a stovepipe hat. His horse suited hisclothes, for he was a very fine one. It used to go for a say ing in my youthful days, for a man when he wished to de scribe a particularly good horse to end by saying: "In fact, gentlemen, he is just as fine as a circuit-riders horse." Thecuriosity of the old lady of the house was greatly excited toknow who the stranger was, and she tried every way except

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by asking Ms name; "but the preacher stood out and would not take the hint. Finally the old lady came right out and asked him "what mought be his business up in these parts." The preacher answered: "Madam, my business is to search for the lost sheep of the house of Israel." The old lady at once said to her husband, "Thar now, old man, Ill bet that that ar black ram thats got among our sheep blongs to this ere gentleman!"
In writing so much of the horseback journeys of others, I realize I am making no progress with my own. In de scribing it I may have to state some -commonplace matters, but I hope I can state enough that will interest to compen sate for siich. I started on. a little mare with my saddle bags crowded with articles of wearing apparel. There was crowded into it a new brown cloth, swallow-tail coat with brass buttons. This swallow-tail was not designed for a coat to wear to balls and parties, but was simply in conformity to the style of many years ago when a swallow tail was the every-day coat. It was also the fashion to put plain, smooth brass buttons on brown and blue coats. It is since then that the swallow-tail has been promoted to the dress coat, and that, I take it, came from necessity, for the Prince Albert and the sack had driven the swallow-tail clear out of use as a business and an every-diay coat. Since there was no room for the swallow-tail, it was held on to by making it the dress coat for balls, parties and weddings. Now a man would no more be seen on the streets with a swallow-tail than he would be seen at a swell entertain ment without one. But tthis is modern, while I am writing ancient history.
On the 24th of March, my birthday, after dinner I started from Springfield, in Einngham county, for the home of Major Clem Powers, which was directly on my route.

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"but only fifteen miles distant. If there was any man in Effingham who could be called the very first citizen of the county he was Major Powers. He was a leader in politics and all county and State affairs. He was one of the largest planters of the county, and resided in a fine dwell ing for the times, with all the comforts of life around. He was the father of the Virgil Powers who is now one of Georgias railroad commissioners.
I got a late start the next morning and traveled only twenty-five miles, and just on the hill over the Gamoochee I was graciously permitted to pass the night at the home of Mrs. Ball, an old lady then, and the mother of James M. Ball, so well known in Atlanta. I took an early start the next morning, but I had mot gone more than ten miles when a very hard rain began. It was so severe that I found I could not ride in it without being saturated, but what was I to do? There was no hoiise or other shelter in sight, I rode on in a walk, taking the drenching rain as philosophi cally as I could, when, to my profound relief, I discovered through the pines a house about a quarter of a, mile from the road. Of course I made direct for it, and the gentleman gave me a welcome I have never forgotten. In a few min utes I was drying myself by a fire made for the purpose. The gentleman of the house was named Tippins. I never saw him before, and I have not seen nor heard of him since. From the lapse of time, I suppose he "has passed over the river and is resting under the shade of the trees."
But the Tain. Oh, tow it did rain, and continued to rain until the middle of the next afternoon. AVe often say we have never seen so heavy a rain, and yet we have. "We are simply full of the present and forget the past. But I can safely say that never have I witnessed such a rain, and it was general all through South Georgia. The branches

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and creeks were higher than ever known not the rivers, because the rainfall was not far enough north. Had it been there would have been a freshet that would have exceeded that of the "Harrison freshets" of March and May (I think), 1841. To give one some idea of the heaviness of this rain, I rode from Albany to Newton the first week in June there after, and in the low places of the road the -waiter was then as much as saddle skirts deep and nearly up to that time was swimming, and roads had to be opened around them. I dwell on this rain because it "cuts the greatest figure" in my journey, and was the factor that caused me to change my route and to ride forty miles more,
I left Mr. Pippins the mext afternoon, when the rain had ceased and the sun was shining just as innocently as if it had never heard of the o-ain. There was a little branch near Mr. Tippins that never got deep enough to be an ob stacle, but he said he was afraid it would swim me in the main road, but there was a place to cross where it was shal lower. I took his advice and when I came in sight of the water I feared it would swim my horse. It Was with diffi culty I could distinguish the track of the road, and I pro ceeded wi-tih fear and almost trembling, lest my horse would step into a hole and submerge us both. But I got through with not quite half saddle skirts deep. That night I stopped at Eeidsville, but I cannot recall the name of the person. My impression is she was a lady.
The next morning was Sunday, and a beautiful, bright day it was. The spring had been early and the trees, shrub bery and flowers looked beautiful from the cleansing of the rain. After a while I came to Perrys mill, where there is a large creek. The bridge had been carried away and there was a man engaged in putting people over in a bateau and making the horses swim while the bridle was held in the

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boat. In this -vvay I got across. Either before or just after crossing I "fell in" with a gentleman who lived just in the edge of Montgomery, and my route lay with his as far as lie "went. To get to Hawkinsville I had to cross the Oconee river at Belles ferry, which is not far from its junction with the Ocmulgee, making tfhe Altamaiha. This was not only good luck in finding a traveling companion in my lone liness, but I was. much entertained by a most pleasant con versation during our ride of about fifteen miles. This was .Mr. Joseph Kyals, the father of the late professor at Mercer, and the grandfather of the young lawyer of that name at Macon. I crossed Belles ferry without difficulty. The next watercourse Was the Little Oomulgee alt what was -called Lumber City. Some northern owners of large bodies of pine land had erected a large sawmill, but the enterprise had proved a failure and there was nothing remaining of the mill but portions of the large frame. I arrived at the river a little before sundown, and I soon saw that the little river, really only a big creek, was swollen into the propor tions of a considerable river. I saw neither bridge nor ferry-boat, While I was wondering how I could get .across, and fearing I might have to pass tthe night in a small shelter I saw, I heard the noise of the boat pad dle. I halloed, and soon there came to me two gentlemen, in the bateau of course. They had come across the river with some feed for some stock that in ordinary times could easily ford the river. One of them proved to be Mr. Steele, the proprietor of the house just beyond where I expected to pass the night. They took me and all I had except the horse into the boat, tied the horse under the shelter and then returned with corn and fodder.
I passed a very pleasant night with Mr. Steele and fam ily, which is one among my many very pleasant memories.
13

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The first thing to do next morning as necessary to my jour ney was to get the horse on the same side of the river the rider was. The horse, which, by the way, was a mare, would have to swim. I knew nothing of her swimming qualities, for now and then a horse was to be found who either would not or could not swim. Then I felt apprehen sive that although she might swim, she might pull loose or be injured in some way in crossing, but the little mare, as she always did, behaved beautifully. When she was led to the bank she seemed to understand what she had to do and raised herself on her hind legs, made the plunge and swam over well and safely. The present Lumber City on the East Tennessee., Virginia and Georgia road is a mile distant from the Lumber City I write of.
As soon as possible I left Mr. Steeles for old Jackson ville. On my route I was confronted with another diffi culty and really more serious than any. I came to a bridge over a creek, and from the foot there had been washed away by the rain several of the planks. The water underneath was deep, and the gap was too wide to be stepped over by man or beast, but I had to get across somehow. There was no hoiise nor person near, and the chasm had to be passed. As I had not known the mare as a swimmer, I also did not know her as a jumper, having bought her only a little while before I started. As she came to the chasm, at my urging, she arose as before, and safely leaped upon the bridge. While I was gratified at this, yet- it caused me to dread other and perhaps worse difficulties that might confront me as I journeyed along.
I arrived at old Jacksonville before or by noon. Some court was in session either the inferior or the ordinary and there I first met William W. Payne, who became well known in Georgia and finally moved to and died at Savan-

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nali. I have passed many pleasant hours with him. and ob tained from him much interesting information. There- I also made the acquaintance of Mr. John Lokey, a promi nent citizen of Telfair, and of General Mark Wilcox, whose "home was on the direct road to Hawkinsville, eighteen miles from Jacksonville. We rode that together, and on his in vitation I passed the night and the next day, iipon Ms ad vice that in a day more the creeks between there and Hawkinsville could not be forded. He took me the next day to see his father, John Wilcox. He had the reputation of being one of Georgias old Indian fighters, and he was the father of many stalwart sons, then all grown. Those sons became representative men wherever they resided, and all, or nearly all, have at different times, before and since then, been members of the Georgia legislature. It was my in formation and my opinion tihat Wilcox county was named for John Wilcox, but at the last session of the legislature I was surprised to hear from Senator Wilcox that it was named for Hark, and he is either a son or nephew of Mark.
The wife of Mark Wilcox was a Miss Coffee, the daugh ter of General John Coffee. He was also one of our old Indian, fighters, and an influential citizen of Southern. Georgia. As proof of his worth and celebrity he was elected to Congress by the general ticket system in the year 1834. Ee was renominated in 1836, but died the Satur day night before the election, -which was the next Monday. There were no telegraphs in those days and. mails mostly only once a week. So the death was not known outside of Telfair county, and John Coffee, although dead, was elected to Congress. It is, perhaps, the only instance in the his tory of the United States where a dead man was elected to Congress.
William 0. Dawson was the highest man on the defeated

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ticket. At the final election to fill the vacancy made by Coffees death, he was elected, and that was the beginning of his congressional career. At the next general election, in 1838, Dawson was reelected, together with eight others of his side of politics. Among these were Oolquitt, Cooper and Black, who, on the reorganization of politics in 1840, dissented from their colleagues in joining the "Whig party and their support of General Harrison for the presidency.
To return to the narrative of my journey. Although I was defeated in going to Albany by way of Manns ferry, the south side of the Ocmulgee and Irwinville, yet in July afterwards I returned on a visit to Southeast Georgia by that route. The most attractive part of the journey was in that part of Telfair county south of the Ocmulgee. It is now Coffee county, in honor of General John Coffee, whom I have written of. Along there on adjoining plantations were the Ashleys. The first one comes to going west, is Matt Ashleys, the nest is Cornelius Ashleys, the next is the widow Mannings, who was a sister to the Ashleys named; the next is tihe widow Ashley, the "widow of a deee^ased brother. These were all good old-time fam ily mansions. On that journey I stopped at Mrs. Man nings, and did so on. two or three other journeys over Southern Georgia from Savannah to the Mint. There was comfort there, I assure you. I found damask table-cloths napkins and china, all presided over by a grand dame with gold-rimmed glassies that reminded me of Virginia and South Carolina dames in colonial times. There I slept on the biggest and the heaviest bedstead I ever saw, and it was all mahogany, and heavy mahogany. The husband of Mrs. Manning was the brother of the older Governor Man ning of South Carolina. No one resided with her but her son William, then a man at his majority. Later, and I

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suppose after the death, of his mother, lie married and became a citizen o;f Lowndes county. From there lie went to the war, and was colonel of a regiment. He: is dead, and for any man to be a better man he would have to be a saint. The Ashleys were a good, old-time South Georgia family, scattered from Telfair to Oamden. Urs, Dunwoody Jones, of Atlanta, is a descendant of one of them.
I started from General "Wilcoxs for BJawkinsville with two brothers named McLeod (pronounced McLoud), who were .going to Texas, or some other State in the far West. They were familiar with the road and creeks to Hawkiiisville, and I felt safe. We waded two or three formidablelooking streams, -both wide and deep, but there was one, and the last one, we could not wade, the name of which I forget. It was the creek on which was Lancasters mill, five miles southeast of ITawkinsville. We had to go up the creek to the mill to cross, and they knowing Mr. Lancaster, we passed the night there. The Laneasters, who were in the trouble in the Dodge county complications, which re sulted in several being sent to the OMo penitentiary, were of the same family perhaps his nephews, The next morn ing pretty early we went through where old Hartford had once been, the original Hawkmsville, and after crossing th ferry, entered the main street of the town. The McLeods were going to pass the night at ^Norman ilcDuffies, a kinsman residing south of Hawkmsville, a well-known and prominent citizen, and then resume their journey to the far West. I have neither seen nor heard of these brothers since. They were very young, like myself, and can either or both be living, now that half a century has intervened.
The McLeods having left me, I was again alone, and did not know the road from Hawkmsville to Albanv. I saw

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a gentleman standing in the door of a store. I rode up and asked him. He answered: "You see that man un hitching his horse near the court-house ? That is Squire Farnell, and he is going nine miles on the same road and he can tell you."
"Well, well," said I to myself; "is it possible that I am to ride with Squire Farnell ?"
Just before leaving home I had read an amusing account of how Squire Farnell conducted his court in the third dis trict of Dooly county. The third lay adjoining Pulaski, and was the most populous district of the county. It was so populous and so prominent that it was called the "third kingdom of Dooly." Squire Farnell had ia way of doing as he pleased, without regard to law, if the people of his dis trict sustained him. Principal among his eccentricities was that if times were hard he "would not give judgment in the spring, but would wait for the next crop, and times were hard all along there. In March, 1837, cotton fell from 17 to 6 cents per pound, and the lowest quality brought but four. This state of things lasted until 1849, when cotton suddenly went up to 9 cents, and ruled from then until within the last few years from 8 to 12 cents per pound. One Saturday of court the Hawkinsville lawyers went out in force to have Squire Farnell reverse himself, but he could not be moved. He said: "If I give judg ment against my friends and neighbors you can levy at once, force their property to sale, and they will be mimed; whereas, if you just wait till fall you will be no worse off. for you will get the interest, and then you will get your money and they will be saved. Upon principles of patriot ism I cannot give judgment. The court is friendly to all you Hawkinsville lawyers, and the court will be glad to see you at any time. As for you,- Squire Brantley" he was

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the principal speaker "the courtTikes you very mucli. The court hopes you will com out every court and you may speak as much as you please, for you speak well, and the court likes to hear you, but I cannot give judgment until fall."
Although it was only a justices court, and the jurisdic tion only thirty dollars, yet creditors got into a habit of splitting their demands into thirty dollar notes, and judg ments in many cases meant judgments for large amounts. The squire Stood by his friends and fellow citizens until fall, and no one proceeded against him for malpractice in office.
jSTo one would suppose from appearances that the squire was so positive and firm a man. In fact, he had a look of meekness, and when I saw him, as I did several times after at Dooly superior court, going lalboiit with his saddle-bags in his arms, he looked like any other sort of man than the potentate of the "third kingdom of Dooly."
In the conversation that we had d<uring our nine miles ride, I made no allusion to his method of administering justice, nor did he. If I talked I might offend him, and then he might turn me over to the tender mercies of his bailiffs. The gentleman who pointed out Squire Farnell afterwards resided for many years at Albany. I came to know him well and counted him among my friends. His name was lsTeed!ham ~W. Collier ain uncle of the Virginia Colliers.
A son of the- squire has of late years been a member of the legislature from the county of Decatur.
I bade the squire adieu, and proceeded according to his directions, on to Vienna. Just as the sun had declined behind the pine treetops, and tdien when within four miles of Vienna near a place called The Cross Roads, and where

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the rOad has two parallel tracks close together, I suddenly heard the sound of horses running. I looked and saw two men. coming toward me at full speed, on each of the tracks. I supposed races were sometimes run there, and it was a race, or the men were trying tide speed of their horses. To my surprise and horror, just as they got near me they reined tip, and when opposite me suddenly halted. I saw at once that one of the men showed intoxication. That one hal loed to me: "Stranger, how will you swap horses?" He was riding a fine, large bay horse, while my horse was small and only suitable for the saddle. I replied that his horse was worth mudh more than mine, and I could not afford to pay the boot. He said: "How much would you give?" I replied I could not afford more than $5, not supposing he would take that. To my horror he said: "It is a trade. Light and let us exchange saddles and bri dles." In the time that I could tell it, he was going his way with my little mare, and I was going my way with Mslarge horse. As bad as it was to part with my little mare, whom I much admired for the fine qualities she had shown on the journey, yet that it was no worse was a relief. I apprehended the horse-sWap and giving boot was a ruse to get what money I had, and I had $75 and some change in my purse. I had mo weapon whatever, and if even a pocket-knife, I forget it. I afterwards learned they were two brothers, named Bush. About eight years after the one- who forced the horse-swap on me was killed in Dooly county by a man named Lewis Golding. Golding was found guilty of vokintary manslaughter and sentenced to the penitentiary for. four years, the maximum limit at that time. Somehow, his case was not taken to the supreme court. When a member of the legislature, in ^oyember, 1853,1 saw Golding in the penitentiary. I could not help

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feeling that a great wrong had been don him, and he only gave Bush what he deserved a killing. Although I at tended Dooly count generally for seventeen years from 184:5 to 1862 I was not present when G-olding was tried. It was hard for me to realize how soon things are forgot ten. I have asked many men from Dooly, and among them the two members from that county last session, and no one can tell me anything of either Bush or Golding in fact, never heard of the homicide.
I arrivedait Vienna after dark, and put up at the vil lage tavern, kept (by an old gentleman named Meriwether. It was said he was a brother of the famous Judge James A. Meriwether, of Putnam county.
From Vienna to Albany thie distance is forty-seven miles, and I took a very early start next morning, that I might ride through that day, for it was a long ride to make in one day on horseback. My horse was brought out nest morning before sunrise by a white man. He said, "Stran ger, where did you get this horse?" I told him I got him by a swap four miles from Vienna on the road to Hawkinsville. He said I thought so. "I know this horse," said he. "Hes old Wat Wades horse, and there is a bushel of executions against him." Then I understood it all, and expected the horse to be levied on before- I could get out of the county. I had to ride thirty-eight miles before I could get out of Dooly. Dooly then had a panhandle, and a long one it was. The panhandle was taken to make the present county of Worth. My ride that day was neces sarily an uneasy one. I expected to be followed by a sher iff or bailiff who would levy on, take the (horse out of my possession and leave me and my saddle-bags in the bigroad far from a house, and I would have to foot it to Albany. I found myself often voluntarily looking back,.

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and then, if I heard any sort of noise behind me, I would have to look back. In that way I traveled the long, weartv/ thirtyi-/eO ight miles.
I was told I would know I was out of Dooly when I got to the Parker place, and how I would know the Parker place. Oh, how I longed for the Parker place. Welling ton did not look more anxiously "for night or Bliieher." I knew when I got out of Dooly and into Baker the execution would have to be levied by an officer of Baker, and before such an officer could be found T would have time to ride to Albany.
The sun was almost setting when I reached the Parker place. I welcomed it and drew a long breath of relief, for I knew I need not look back any more. It was nine miles to Albany, and considerably after dark when I arrived on the banks of the Flint, with Albany on the op posite side. The only means then of crossing the river was by a ferry-flat. I halloed aind halloed, but could ;not arouse the ferryman. In looking around, I saw at a short dis tance a dim light. It was as if made by a tallow dip or a whale-oil lamp. I made for the light. I found it came from a small cottage. A white woman answered my call. She stunned me by telling me the ferry-boat did not run after dark. I realized how near I was to Albany and "yet so far." I asked to stay all night. No, I could not stay. Her husband was away and she the only person on the lot. Well, was there not some other house close by? "Yes, but only one. Mr. Alien Sellers lives thar, but he is jest married and foucht home his wife, and I dont think he will let you stay." That was discouraging, but it was my only chance, and, following her direction, and feeling my way in the darkness, for it was a dark night, and it seemed to get darker than it was, I got to Sir. Sellers. I prepared

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my mind to receive a denial. I told Mr. Sellers my tale

of Woe; how I (had ridden forty-seven miles that day and

couldnt get over the river; how myself and horse had had

nothing to eat since daylight, and ikow hungry, tired and

scared we "were. He granted my request with a welcome.

Ever since !MJr. Sellers has been very dear to me. He

was long a citizen of Baker and Dougherty, and I got to

know him well. He rriovecl to a farm seven miles distant,

and it so happened that ten years after I bought his farm

and he moved to llitehell county, where he was living when

last I heard of him, and at every stage of life was a good

citizen.

:

^SText morning I was up by the break of day and hurried

to the ferry. By the time the ferryman arrived the sun was

rising. The ferry was right at the foot of the main street

of the town, called Broad street. I rode the whole length

of the street to get to Mr. Lindsays residence, which was

just outside of the city limits. At that time there was no

store open nor was any one upon the street.

This was the beginning of my life at Albany, which

lasted twenty-four years. Albany was then, and up to the

war and during the war, the biggest little town in Georgia.

All of my yoimg manhood life is identified with the little

/ tj

O

city, and to her citizens and those of Baker and Dougherty

I am indebted for whatever success 1 may have had in life.

I have not regarded the events I have related while a

young man as of any importance, but, looking back at

them through the mists of fifty years, they seem at least

interesting. That verifies what Dr. Lipseomb so beauti

fully says, that to be interesting "events must recede into

the distance, so as to take on the softened halo of remote

ness."

But before closin, I should tell about m horse. I

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kept him until June without molestation, when I sold him to Dr. Fowler Holt, the grandfather of Mr. Charlie Lamar, for $125 cash, (by which sale I made $50. The little mare cost me $70, to which should be added $5 paid to Bush in the swap. This was the first, last and only horse-swap I ever made. I now wish some other swaps had been forced upon me, since it seems it is the only way by which I can make a profit.

tlbe %antet Ibouse.
- A short time since, while on a business visit to JVIacon, Ga., I found myself for the first time in many years a guest of the Lanier House. Erom tame to time, and for shorter or longer periods, before and during the war, beginningwith its construction, I have been familiar -with this house, its landlords, and many of its patrons. It was completed in the year 1848 or 49, and began business under the late Sterling Lanier, who was its first landlord, -and in honor of. whom it was named. Prior to this, Mr. Lanier kept the old Moyd House, and made of it a first-class hotel, with a reputation as such from 'New York to New Orleans. That hotel and the Washington Hall were the two of the city, but neither was of sufficient capacity or of a style to supply the public demand. That being the case, several capi talists of the city formed a joint stock company to build a hotel of modern style and suitable capacity, to be kept by Mr; Lanier, and which would advance the citys pros perity. At this time there were no railroad connections at llaeon, nor through, the schedule of travel from the .south and southwest to the north and west, and as a con sequence, travelers had to remain at Macon fotr several hours, perhaps for a night or a day. This situation, gave the Lanier House almost a monopoly of the patronage from travelers, besides a liberal local support, which re mained undisturbed by formidable competition until the erection of the passenger depot and the Brown House just across the street the latter built by Judge E. E. Brown.,

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who became its landlord as well as proprietor. In after years he succeeded to the place and reputation of Mr. Lanier as the most popular landlord of the city and of the State.
My reoenit sojourn at the Lanier House brought to niy mind these and many other and more interesting memo ries. The central figure of memory, and around which clustered these other memories, was Sterling Lanier. Na ture and education had qualified him well for his avocation. The first requisite of the landlord of a first-class hotel is, that he should be a gentleman and have fully developed among the qualities which make him. such a kind regard for the rights and feelings of his guests. This quality was conspicuous in Mr. Lanier, and as a consequence, all his guests, from the most pretentious to the most unpreten tious, felt at home in his house. He had great success with the Lanier House, and after four or five years. felt that Macoii -did not afford sufficient opportunity for his gifts and desires. He had many friends and admirers in New York city. They desired him to take a hotel in that city. He secured the lease of the La Large. Most unfor tunately for him, he had had it but a short time when the hotel was entirely destroyed by fire. He could not-obtain any other suitable hotel at that time in that city, and re turned South to Montgomery, Alabama where he had relatives and many friends. There he continued in his usual business until 1870, where, on the 31st January of that year he died. His remains were brought to his burial lot in the Rose Hill Cemetery of Macon. His wife survived him and lived some seven years longer, dying on the 3d of November, 1877, being then nearly seventy-five years of age. Their children, including four sons and two daugh ters, except Robert L. Lanier, of Macon, are dead; and so;

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are several of his grandchildren, among them the artist, Sidney Larder, the son of Robert S., thus adding another to the many "children of genius and misfortune," who died in his youthful manhood, but fortunately not until he had won a national fame, and of whom Mrs. Hugh Oolquitft tenderly and poetically wrote:
"Musician, poet, gone to chant in higher spheres Tihe heavenly harmonies too fine for mortal ears."
On Mr. Laniers lot in the cemetery are the remains of and a monument to Abram P. Patrick. He died at the Floyd House, while kept by his friend Lanier, October 28th, 1846, aged thirty-eight years. The business men of iihe South of that day who yet live, especially the merchants and lawyers, will remember the old oSTew York firm of Korth, Manning & Patrick. The latter was in the habit of visiting the South, and while at Madon would pass his time with his ;old friend Lanier. While on one of those visits hesiekened and died. He was likewise a native of Worth Carolina.
When Mr. Lanier, so much to the regret of his friends and patrons, left the Lanier House, Logan and Meara, in the year 1853, became his successors. The regret for the depariture of Mr. Lanier was compensated in the full satisfac tion given by the new landlords. They were both warm hearted sons of the Emerald Isle. Major George M. Logan had served all his prior manhood life as a merchant. More recently he was the head of the first dry-goods house of Maoon, doing business as Logan & Atkinson. He had an extensive acquaintance, and was popular with all classes. He was gifted with taste and refinement. He was a large man, but well proportioned, which, with his scrupulous neatness of person and tasteful dress, gave him an imposing presence. James Meara was a small, pale man, likewise

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neat in his person, and affable in Ms manners. He had "been "brought up" in the hotel business, and thus the qual ities of the two .made a fortunate and successful combina tion.
My memory of their administration is very pleasant. "They held the house for some fifteen years, and kept up its fine reputation until the very last, when it ceased by the death <of first one and then the other, within a short time. During their career the house continued to be patronized by the very best people of Georgia and other Southern .States.. Particularly were there choice guests at the house and a gay time during the State fairs and the com mencements of the "Wesleyan Female College. The three spacious parlors, all connecting, would then be filled with the fair women and gallant gentlemen of our then happy and prosperous South. The largest dining-room in tihe State would be honored with as gay, happy and refined .guests as would sit to any hotel table in the whole nation. As the ladies and gentlemen were finely appareled, so the carriages, the horses, and the harness standing at the door, or coming or departing, were of a sort to suit those they .accommodated.
An attraction of the Lanier House, which brought to it many additional gueslts, and which yet more contributed to their enjoyment, I cannot forbear to mention, and yet as she is in life do not know how to do so in terms that shall be faultless in their propriety. This attraction was the wife of Major Logan. She was reared in Macon and had an extensive acquaintance in Georgia, and beyond it. She wTas in every sense the lady of the house, and could dispense hospitality and lead or preside in any duty or pleasure which the ways of refined society required. This memory is saddened by the realization that two of the chil-

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dren, who were of tender years and pets of the house, are with their father in the spirit-land.
The transition in my memory from those who presided over the Lander House to those whose habit it was in the ante-bellum days to visit it, is easy and natural. Well do I remember a large number of young men to whom the present was joyous and the future brilliant with hope, who made that house for years their home. Out of that number I can recall but two who yet live, and they are now in the category of old men, and unfortunately, look it too so uncertain is life, and so certain is it, if we live long enough (and it is not long either), we shall grow old, and perhaps ugly. Among this number was one whom a sad fate did not permit to grow old. I allude to Frank Bloom. He was a perfect specimen of health and strength. Scarce thirty-five years had he lived, when he "went to the war." He served as staff officer -during the hard campaign of 186162, in northwestern Virginia. In May, 1862, while the troops were being transferred to eastern Virginia, he came home on a short furlough. Immediately he pulled off the heavy flannels and woolens the rigors of that climate required, took a bath, and putt on his usual -citizens cloth ing. The change gave him a violent pneumonia, and in less than a week he who so luxuriated in a redundancy of life and spirits was a tenant of Rose Hill Cemetery. He was a younger brother of Thurston Bloom, the very first cotton-buyer of Macon, and a -prince of a man. He, too, alas! has -been numbered, with the dead for many years. A very pleasant memory of the Lanier House is a private dinner party given in honor of the Irish patriot, John Mitchell. On that visit he delivered a lecture in Ma con. I remember how very unlike he was to any of his country men whom I had ever seen. He was slender, pale and deli-
14

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cate, with, not a bit of the brogue. He was gentle and quiet, without any evidence of the aggressiveness that be longed to Ms nature. He was an interesting talker, ex hibiting no effort at display, whether yon tested him by his lecture or his conversation. He amused us with his expe rience in East Tennessee. He then resided there had gone there almost incog., and lived so secluded that the curiosity of Ms neighbors was excited to the highest pitch. He isaid on one occasion numbers of them gathered at the post-office were discussing him, wondering who he could be. One man said he had been told tiiait the mysterious stranger was a British subject. Another made reply he knew that could not be, for that government had been wiped out of existence ait the battle of Kings mountain. The point of this is that the man or his ancestors, came from "Western jSForth Carolina, and all he knew of the history of the Revolution was the battle of Kings mountain. Host of those at this dinner are also dead. Among them were Phil and Ed Tracy. Both were military officers of the Confederate service and were killed in battle. All the living I can recall are Judge Lochrane, Maj. Joseph G-anahl and myself.
One of the most pleasamt memories of my whole exist ence is connected with the Lanier House. It was in the late summer or early fall of 1850. It was during the ex citement created by the effort to apply the "Wilmot proviso to the territory acquired from Mexico by the war against her. The result was the Compromise measure of 1850, which the ultra Southern Rights men of the SoUtfh. re sisted. As a part of the program of resistance a, conven tion was called and assembled at Macon. The regular speakers of the occasion were Robert Barnwell Rhett, of South Carilina; William L. Yancey and John Cochran, of

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Alabama; and Walter T. Colquitt and William H. Stiles, of Georgia. I was present at a consultation between these distinguished gentlemen in the parlor of the Lanier House. I was so favored, being then a very young man, by the "courtesy of my friend Sam Hay, then editor of the Maeon Telegraph. Sam was a political power in those days, had Dhe ear of all the distinguished Southern statesmen, and tihe entree to any place: where political ideas of the party were to be discussed, or political work to be cut out. Khett had become so conspicuous in Congress as a Southern Eights leader and a South Carolina celebrity, he was the lion of the day. There was a great curiosity to hear his speech. The thoughtful were not disappointed. His full ness and clearness of statement and points, argued closely and compactly, with a distinct enunciation, made his speech a success. His florid complexion, brown hair and fashion able attire, all set off with gold-mounted spectacles, gave him a pleasing and distinguished appearance. We had seen and heard the leader for so many years of the ex treme pro-slavery sentiment in the United States House of Representatives against the leader of the extreme antislavery sentiment his distant kinsman, -the -accomplished and fanatical old John Quincy Adams and were grat ified.
William L. Yaincey and Walter T. Oolquitt were two of the very few orators among the many fine speakers of the South. I mean orator in the true sense of the term not including even the splendid declaimer and able debater, nor do I mean the speakers who on some occasions have been, or may be, eloquenit owing to conspiring circum stances, but those who are born the orator as poets are. The most marked feature in Yanceys appearance was the beauty and benignity of his countenance. His face had

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more of womanly than manly beauty, yet there was nothing effeminate in it or its expression. If it were possi ble for some painter to draw upon his imagination to com pose the face of a mian as a companion piece to a Madonna, then he might produce Yanceys. It was astonishing tihat behind such a mild and smiling face there should be hid den the fiery spirit of th1 typical Southern revolutionist.
John Oochran, although little known out :of his State, was a great intellect of "the sound and solid sort. He was no orator, not even a good speaker. The charm of his speaking was in his unpretending manner and the deep thought shown in all he said. He could, without an effort, soon gain the attention of an intelligent audience, and in terest them like Dr. Pierce for hours; and it seemed his words, like Tennysons "Brook," with gentle ripple and velocity might "flow on forever."
Walter T. Oolquitt is so well known to Georgians, any description of him would be superfluous. The truth is, he cannot be described. He is one of the few of whom it may be said there has been, and never can be, but one such, or in the poetical language of Byron of Sheridan, "JTaiture has formed but one such mam, and broke the die in mould ing" Oolquitt. If the hearer preferred the pathetic in tfhe orator, Oolquitt would have satisfied him. If the humor ous, he would have been gratified to the extreme. If he fancied vehemence, like a mountain torrent bearing down everything in its way, the would have been accommodated. If, to the contrary, he liked a low and gentle tone-, as of a murmuring stream, h would have found that to his grati fication. If he liked to witness in ithe great orator the great actor, he would have had it to perfection, and in the same degree of success, whether the acting was in the deep
est tragedy or the highest comedy. If a man could be

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created with the combined mental powers of Garrick, Sheridan and Spurgeon, he might be like Colquitt. His hair, originally black, had become an iron-gray, and stood up from his head in the manner of Mr. Galhouns. He "was of brunette complexion, with a tinge of sallowness. His mouth and jaws were of that shape, size ;and compression that showed great firmness and determination. The gen eral mobility of his face was sucfh he could make you under stand his feelings and meaning by mere pantomime. His most marked and observed feature were his eyes, which could assume the fierceness of the eagle or the gentleness of the dove. To support his strong mental powers he had a strong body. It was not oversize or undersize. He was neither stout nor slender, short nor tall; finely propor tioned, he would have weighed about 170 pounds. His physical "make-up" gave him great muscular strength, com bined with an elasticity of movement that made all his efforts appear easy. He excelled in physical as he did in mental strength, and yet this almost perfect man died while his physical and mental faculties were in their full maturity, at the age of fifty^six.
William H. Stiles was a polished gentleman, and hia oratory was polished like himself. He was master of a soft, melodious, and magnetic voice. His speeches were all finished orations, and fell delightfully upon the ear and the understanding. If yo;u had heard and not seen and known the speaker, "Youd have sworn ttwas silver flowing." He was tall and symmetrical. His form, features and man ners denoted the thoroughbred Southern gentleman of the tide-water country. All those I have named, and so saw and heard in 1850, are dead.
Another memory of the Lanier House, interesting be cause of the important personages it recalls, was the appear-

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ance there of President Fillmore and John P. Kennedy, of Maryland, the well-known author of "Horse-Shoe Rob inson," and "Swallow Barn." He was one of the four who could without detriment to either blend literary taste and labor with the duties of a statesman. He was President Fillmores Secretary of the !Navy, and, of course, one of the cabinet. Mr. Fillmore was a large man. of benevo lent dountenance, with a large and dean-shaven face. Both of these gentlemen addressed the masses from the veranda of the Lanier House. This was about the year 1853, and both of these distinguished men are likewise dead.
An extremely pleasant memory I have lout I am not sure if of the Lanier House, but certainly of Macon is of the great English novelist, William Makepeace Thackeray. I heard his lectures on the four Georges the same that are now in book form. He was tall over six feet I should say; his form was little, but not much rotund. He would weigh possibly two hundred pounds. His hair was gray beyond his years his complexion was fair, with a good color, but the whole expression of his face was spoiled by an indentation at the bridge of his nose, which gave it the appearance of having been broken. On this nose were mounted spectacles with very large glasses. His style of speaking was conversational, but clear, distinct and em phatic. He impressed me as looking the kindly man he was, whose satire was gentle and humorous, though effec tive, cas is conspicuous in "Vanity Fair" and "Pendennis." I consider it one of the dearest privileges of my life that I have seen and heard Thackeray, which I value next to having witnessed the acting of both Macready and Forrest, the incomparable rivals, and without an equal since David G arrick.
As I have narrated my memories of political and literary

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celebrities connected with, the Lanier House, it would be strange if in such a length, of time I had not seen eminent theatrical people. I remember William H. Crisp and Ms wife, natives of England, who stood high in their profes sion and characters. Mr. Crisp was manager as well as actor, and was at Macon several seasons in succession, per forming to the delight of the citizens. Among those whom he engaged," and for more than one season, was Eliza. Logan. She was the sister of the present Olive, and per haps of Celia. She was a "star," and not excelled, if equalled, by any cotemporaneous American actress. She came of a race of actors, and was therefore "born in the pur ple." She Was so much oversize as to have a poor figure. Truly and candidly speaking, she was ugly when her coun tenance was ait rest. She neither had the figure nor the grace of her sister Olive. But notwithstanding these physi cal defects, she overcame them all on the stage witih the good taste of her wardrobe and the magnificence of her acting. She played mostly in genteel English comedy or melodrama, and although ungifted in form and features, she could play in parts requiring pretty women, as Julia in the "Hunchback," and Pauline in the "Lady of Lyons," and would seem as pretty as the prettiest. This was a great triumph for her, and a tribute to her as an actress. The principal charm of her acting was her elocution that had the tone of the female, but the distinctness and emphasis of the masculine voice. Her enunciation was clear, dis tinct and deliberate, whether the exigency required a high or low tone. The audience lost not a word. The elocu tion of Judges Berrien and Joseph Henry Lumpkin was much admired in Georgia, and I did not regard Eliza Logan in that respect inferior to either, although she was a woman. She afterwards married Mr. Wood, a theatrical manager of Cincinnati, and of her it is the old, old story

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of so many young married women she soon died. The Crisps who engaged her acre also dead. They are more identified with Georgia than any other dramatic people, because they once made .Georgia their home, and now have in the State a son who (has been a judge, and is now a congressman. The rival of Eliza, but of course of a friendly kind, was Julia Dean a very different style of woman in every respect. She had beauty of form and features, and the grace of manner to make both conspicu ous. She never played at Macon that I remember. She was a great favorite in New York and "Washington City, and Was a superb actress. She too married a Dr. Hayn-e, of South Carolina, and she too, like her contemporary Eliza Logan, soon died.
A few years later, but before the war, Mr. Crisp was suc ceeded in the management of the Georgia theaters by Mr. "W. M. Fleming. He too made his home while in Macon at the Lanier House. He was one of those actors who just missed being a star, because he sustained himself in what ever role he took, and (Sometimes exceeded himself. His name will be found in the cast of Bulwera plays when first performed in New York, and Maeready played the princi pal parts. When "London Assurance" was first performed at Savannah it had a run of many nights, and the chief attraction was Flemings Dazzle. Later, he took the part of Sir Harcourt Courtley, and performed it well. He was particularly neat in his person, and gentlemanly in his manners. He was prospering in the South when secession became an accomplished fact. The beginning of "the war found him here, and broke up his business. He made his way back to the North, and rumor says entered the North ern service, and While the purser of a war vessel on the Mississippi river, he, like all of whom I have written, died. I have no doubt of his death.

Georgia anb Blabama.
In the latter part !of the last century, most likely early in the seventeen-nineties, there came to Georgia from Vir ginia, their native State, two educated young men. Their names were Charles Tait and William H. Grawford. The former preceded the latter, :and became the principal of the Richmond county academy, located in the city of Augusta. The latter, after teaching awhile as assistant to Dr. Waddell, in South Carolina, came to Georgia and accepted a place as assistant teacher to Charles Trait in the Richmond county academy. These two young men were or became good and steadfast friends. While teaching school they .studied law and were admitted to plead and practice law in the State of Georgia. Tait located in Elbert county and Crawford in Oglethorpe, adjoining counties. Both rose rapidly in their profession. Grawford took an active part in politics, and soon became a party leader. He filled, various public offices of the most exalted kind. He was a United States senator, a cabinet officer, and minister to France. In 1824 Georgia cast her vote for him for pres ident of the United States, and !had it not been that just before this he fell into permanent ill health he would have been president of the United States. This was Mr. Clays only excuse for giving the easting vote of Kentucky in the House of Representatives to John Quincy Adams.
*********
ISTow, contemporaneous, with these men, there were re ading in the county of Wilkes, another adjoining county, two other young men. These were John Clark and Dun<dan G-. Campbell. Clark was the son of that noted revolu-

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tiomary officer, General Elijah Clark. He was a man of great ability, great courage and firmness. Oampbell was a man of yet finer intellect. One of the most famous of lawyers, and personally perhaps the most popular man in the State. They were also close friends, which was made yet closer by having married sisters, the daughters of a patriarch of that time, named Micajah Williamson. The people of Georgia then did not differ on political princi ples, and their only points of difference were personal preference and personal ambition.
There soon sprang up a dispute between factions (not parties), and Crawford was the leader of one faction and" Clark of the other. This was the foundation of tihe after wards Troup and Clark parties. Crawford removed from the State on account of Ms various official duties, and Troup took his place. It so happened that Crawford and his adherents were Virginians, and Clark and his were North Garolinians. On Crawfords side were, of course.. Tait, supplemented by the Bibbs, the Gilmores and others, and on Clarks side the Oampbells, Williamsons and others. It became a contest, to a great extent, as to leaders between the settlers from Virginia on one side, and those from North Carolina on. the either. The battle waged furiously from the very first years of this century until the election of Troup over Clark in 1825, Olark having previously been elected and served as governor.
***********
Strange to say, at that early time so soon after the close of the Revolutionary war, there was in Georgia, and in Elbert county, a young lawyer named Peter Lawrence Van Alien. He was from Kinderhook, New York, and a de scendant of the original Holland settlers of that State. What brought him to Georgia, or how he came is not

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known, but New York was then as far from Georgia !as Alaska is now. He soon became prominent, and was elected by the legislature the solicitor-general of the west ern circuit, and while Thomas Peter Games was its judge. He took sides with and was one of the partisans of the Olark party. He and Charles Tait had a personal differ ence, but somehow (the manner not coming down to these times) William H. Crawford became involved, which led to a duel between Van Alien amd Crawford. They met at Fort Charlotte, twelve miles below the old town of Peters burg, on the Carolina side, and Van Alien was killed. This was in the year 1802, and while Van Alien was the solicitor-general of his circuit. At that time Georgia was too high-toned to have a law against duelling. It is tra dition that Van Alien Was the first cousin of the whole blood to Martin Van Bnren, but tradition is wrong. A brother of Van Alien named David married the cousin of Martin Van Buren. To show how far party spirit can go, and have that spirit founded on an error, Governor Gilmer, of Georgia, long after, in 'am address made before the col lege at Athens, said substantially, Van Alien was put for ward by the enemies of Crawford, to kill him and get him out of politics, and this was acting so much like his cousin, "The Political Magician of Kinderhook."
The truth further was tihat Crawford and Van Buren were good friends. They were mutually interested in "downing" Mr. Galhoun, who at one time was considered certain for the presidency.
He was vice-president under John Quincy Adams and Andrew Jackson, and had been in the cabinet of Mr. Monroe. It was divulging the secrets of the cabinet by some body that caused the breach between the general and Mr. Calhoun, and destroyed the latters prospects for the presi-

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dency. When Crawford was disabled from disease, lis friend Van Buren traveled all the way from Washington City to his plantation home of "Woodl-awn to visit him.
******
The fend between Clark and Crawford continued, and at last there was an opportunity to bring tihem in to a per sonal collision. They all resided in the western judicial cir cuit. The presiding judge (Games) resigned, and the then governor appointed a brother-in-law of Clark (Judge Grif fin) to the -office Hhat is, he had married another sister of Claxks wife. This was in the earlier part of the year, and as was the law in Georgia, there had to be an election to fill the vacancy at the next session of the legislature, that fall. Crawford backed his friend Tart in opposition to Judge Griffin, and at last it became a question of Clark or Crawford supremacy in that election. Clark heard that Crawford said he (Clark) had used questionable means to get recommendations of Judge Griffins election from the various grand juries !of <t)he circuit. It brought about the usual correspondence, and the correspondence the usual challenge. Clark was the challenging party. They met near the high shoals of the Apalachee, opposite the eounty of Clarke, then in tihe Indian Territory, now tihe county of "Walton. Dr. Gilbert Hay was darks second, and Cap tain George Powell was Crawfords. Orawford was shot in the right wrist, which disabled him. This was in De cember, 1806. "When Crawford got well Clark challenged him again. This was in about six months, but Crawford
having killed A^an Alien, and having given dark one chance to kill him, declined to give him another. The per sonal animosity between these men is an illustration of how two high-toned men, from misunderstanding the eonduct and character of each, can charge each with acts either

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would scorn to commit, From history it appears the Oawfo>rd faction ultimately predominated. Somehow it embraced more of *he talent and wealth of tihe State than tie Clark did, but my conclusion is that John Clark was "the worthy son of a noble sire," and was one of the noblest men of which Georgia oan boast in her entire history. Botih these distinguished men died within a short time of each other, .about the year 1834.

I have said that Crawford and Tait were close and con stant friends, and that the Bibbs were of the Orawford fac tion. The leader of the Bibbs was Dr. William Wyatt Bibb. He and Crawford were also devoted friends per haps dearer to each other than Crawford and Tait. Craw ford named one of his sons for Bibb, and Bibb named one for Crawford, and there are now living Dr. Bibb Craw ford, of Madison, Ga., and Colonel Cnawford Bibb, of Montgomery, Ala. Permit me to sltate other evidences of these friendships, which do such honor to all, but particu larly to Crawford. Dr. Bibb Was in Congress, I think, in the senate, from Georgia, when the salary bill was passed that gave to eadh member of Congress $1,500 per annum instead of $8 per day. They now get $5,000. He voted for the law, and as a consequence, like so many others, lost his seat in Congress. It came very near defeating Henry Clay in Kentucky. His competitor (Pope) had but one arm, and a voter told Mr. Clay -he thought it safer to vote for a man who had only one hand to put in the treasury. When Bibb was out of office Crawford was a member of President Monroes cabinet, and he had him appointed territorial governor of Alabama, and he was afterwards elected the first governor of the State. Bufe what as to Tait? After serving six years as circuit judge

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in Georgia, which, brought him to 1800, he was elected United States senator, and in that august body served ten years. At the expiration of his term (1819) Crawford had him appointed. United States judge for Alabama. This provided for him, so- far as that office was concerned, for life, but I think Judge Tait resigned, and died a citizen of Alabama, about the year 1835, at the age of sixty-eight.
***********
The most interesting parts of this history, in my estima tion, are yet to come. It will be gathered from what has been stated that Judge Tait was the innocent cause of both the duels Crawford fought. It is also certain that in after life he became an official and a citizen of Alabama, and lived there until he died. When Peter Lawrence Van Alien fell upon the "field of honor" he left a young widow with a girl baby only six months old. The grandchildren of that baby of 1802 are now citizens of Alabama, one of whom I can name, Miss Sudie Van Alien Hunt, of Selma. Eight or ten years back, when Georgias antiquarian, Colo nel "William EL Sparks, gave an account of the duel be tween Crawford and bjecr great-grandfather, stie made a public correction of his statement in some material par ticulars. The descendants of Van Alien and :of Tait were not only in Alabama, but in the same county, that of Wilcox. In view of the sacred past, and of the "vanity of earthly things," this old history should be made, if not already, tihe foundation of an enduring friendship. But I have not yet told, perhaps, the strangest, and that is, after all this acrimony between Tait and Clark, and Tait and Griffin, in the sequel Judge Griffin, died and Judge Tait married the widow, the sister, as I said, of Governor darks wife, and the daughter of Mieajah Williamson..

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All of Judge Taits children were by a former marriage. James Asbury Tait, of Wilcox county, was a son.
I cannot conclude this hasty and imperfect sketch, with out a tribute to the patriarch. Judging from his noble daughters, he must have been a grand character. He is the grandfather of the late justice of the United States supreme court, John A. Campbell, and great-grandfather of one of the present justices, Lucius Q. C. Lamar. "Who can name another man who has furnished from his de scendants two of the judges of the greatest judicial tribunal in our .government?

In a conversation with. Judge Richard H. Clark, he said the announcement of the death of Wylly Barren and the manner of it, touched Mm deeply so much so, that his sight became too dim to read it through without pausing. For a man wlio had seen .go much of the wealth and luxury of life, as "Wylly Barren, to die in poverty, at the advanced age of eighty-seven, is sad indeed.
The judge said, while having no personal acquaintance, he had seen him often and at nearly all the principal cities and watering-places of Georgia, and knew well Ms reputa tion. He was among the most distinguished looking men in his prime he had ever seen. He was tall and slender looked more than six feet high, and carried himself like a prince. He had black hair and a dark complexion, of the typical brunette kind, itfhat suggested Spanish or Italian. He dressed elegantly; observing strictly the fashions and its changes, and was adorned with, ornaments, of diamonds, gold, and gems of precious stones worn appropriately. His whole make-up was impressive even picturesque. "Whdther in a crowd or alone he attracted attention, and when on some: bright, mild, sunny day he made his stately treiad alone on the sidewalks of Georgia cities, he looked more like a vision than, a reality. He is no doubt the last of the type of "gentleman gamblers," as they were called, who flourished "before the wan-." They were called gentlemen gamblers because they looked and acted the stylish gentleman of that day. They had the reputation of

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playing "a fair and a square game," and would not permit minors to play, nor young men known to have large amounts in trust, like cashiers and tellers. If one of their number was caught cheating he was -ostracized and never allowed to play again with the gentlemen s:et. This repu tation drew to them as customers prosperous professional men and rich planters, and as a consequence, that kind of gambling was largely tolerated. Since all kinds of gam bling with cards, dice or the like have fallen into disrepute of late years, the present generation can have no adequate idea of the state of affairs in this, respect then existing.
Happily, this condition of affairs has long since ceased to exist. _There are no gentlemen gamblers left, and all kinds of gamblingwith cards or dice orthelike have been reduced to the minimum in Georgia. But are we not practicing other forms that are just as demoralizing and just as sad or serious in their consequences ?,
Quite a per cent, of our wealthy planters patronized the faro and the poker-table. They did mot stop at this, but they engaged largely in horse-racing and chicken-fighting. This was mostly the case in Georgia in the counties from Kichmond north, lying on the Savannah river. The dis trict just over the river antl along the river in South Caro lina "set the copy," and among these, Edgefield was the most distinguished. Notwithstanding this, Edgefield has been and is now felt in the politics of the State to a greater extent than any other County. She had the former gov ernor, and has both the outgoing and the incoming United States senator. The most distinguished Georgia county in those days was Columbia, but several other counties were not without distinction. The most famous man of that time who has come down to us by tradition had his
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home in the grand old county of Wilkes, -and numerousare Ms present descendants,- who are allied to the best blood of both States. Persons not related to him named their children for him, and about ten years ago there died a gen tleman so named, at the age of more than ninety, a scion of One of our grandest :old Georgia families.
But returning to Wylly Ban-on, the judge said he was surprised to find that he, like Lawrence L. Wilson, known in his lifetime as "Beau "Wilson," who was also one of -these gentleman gamblers, was a native of the sound, solid and steady old county of Elbert, where he was born as far back as 1807. Elbert has furnished Georgia with her two most illustrious gamblers. Wilson, as may be generally known, was the author of the present and prevailing version of the old Song called "Rosin the Bow." That song is now made immortal by finding its way into ;our books of standard music, is also made instrumental under the title of "Kosin the Bow Varieti," and is among the selections in the pro grams of concerts.
These two old gamblers, used as samples, will give an idea of the style of m:en the old "gentlemen gamblers" were. It must be admitted that being gamblers did not prevent them from having many virtues. This reminds one that several years ago a (hotel in St. Louis was destroyed by fire, in which Kate Claxton, the actress, came near los ing her life, and there were several who lost their lives. A gambler named Tiernan made himself conspicuous in his efforts to save the lives of the inmates, and after rescuing several ladies, he went into the building on his holy mis sion, just one time too many, and never came out again, thus sacrificing his own life in the effort to save the livesof others.
ByrOn writes of the Corsair as having "one virtue linked

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with a thousand crimes." May not^ that be reversed, so that a man, though a gambler, may have "a thousand virtues linked with one crime." The best of human nature may be only lower than the angels, and the worst only a little above the devils; and between the two extremes there is an infinite variety.

preachers fifty. Keats BOO,
The laying of the corner-stone of "Sisters of Mercy" was in the early forties, and while I was yet "in -my teens." I made one of the large audience assembled to witness the interesting exercises. It was a great day, a grand occa sion for the Eoman Catholics of Savannah. A decade be fore their -church was a small, a very small wooden edifice, that stood on the north side of President street, facing the square on Montgomery. Tlhe lot afterwards became the property of Mr. Benjamin Snider, a prosperous dry-goods merchant, and upon it he erected his family mansion. Wow their church was a brick structure of much larger propor tions, situated on Drayton street, near Liberty and Abercorn. The increased prosperity of the Catholics of Savan nah, and also of Charleston, was mainly due to the direction and energy of Bishop England, technically known as bishop of Charleston. He had been the bishop since 1820, and his diocese consisted of South Carolina, Worth Carolina and Georgia, so limited were the Catholics in those States in population and wealth. To those of this generation that must seem strange, but yet stranger it may seem when I tell you that, within my memory, Georgia belonged to the Protestant Episcopal diocese of South Carolina, and my life touches the -time when Georgia belonged to the South Caro lina Methodist conference. Just before, as I remember, the laying of the cOrner-stone referred to, Bishop England, so beloved by his followws, and so respected by all denomi nations, departed this life, and at the comparatively early age of fifty-six years. Some men live more in ten years

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than most men do in twenty or thirty-, and this -was the case with Bishop England, but time and space will not admit oi a proper reiferem.ee to his life-work, for it would take spare enough for a long newspaper article.
At the time there appeared upon the scene one of the bishops priests, who, in the course of his longer life, also became a bishop, and he delivered the address of the occa sion. He was Father Lynch. Imagine the surprise of a Protestant boy, when he saw in the orator a slender young man of refined form and features, made to appear yet more refined and clerical by a pair of glittering gold-rimmect spectacles. I had never seen nor known of but one Catholic priest, _who, at first-, was old enough to be called old, and then became in reality, and in my time, a sure enough old man. He was the priest of the little wooden church and of the larger brick church. He was known actually, or by sight, by nearly every man, woman and child of the city. He did not confine his gotod offices nor his intimacies or friendships to those of his own ehurclh. The ridh and the poor, the old iand the young, of all classes and races loved him.
The boy of seven years could scarcely be found who did not knOw him. Either walking or riding, he was to be seen in all parts of the city. "Wherever one went he might safely count on seeing him. This man was my boyish ideal indeed, my ideal of a Catholic priest, wh was en titled to be called father. He was Father ONeill. He was father of everybody the father of the city there; he lived his whole priesthood life, and there "was gathered to his fathers." Hence, my surprise may be imagined when the youngster before me, delivering the discourse of the occasion, who looked not exceeding twenty-five years of age, was called father too. Of course I made inquiry

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and -was enlightened. The young father, in the Opinion of the youth, acquitted himself well. It was from him I first heard or knew of Ignatius Loyola, and of St. Vincent de Paul.
I have said the young Father Lynch, became Bishop Lynch, or I might say old Bishop Lynch, for such he was when I next saw him, after an interval of forty years. As bishop he officiated in the services of his church here in Atlanta, and I made it a point -to be present. But what a contrast! The slender, refined young man had changed to a fleshy and heavy old man. He yet wore gold-rimmed glasses, but they appeared no more like those I saw before than he did like his former self. Great is the change of most per sons in the transition from youth to age, while only a few retain their original form and features. For from five to ten years prior flo this, and when I was yet a small boy, I occasionally attended the Catholic church and often heard Father OlTeill preach. This was caused by my associa tion, with several Catholic boys of my own age, and with most of whom I went to school. They were the Dillons the OByrnes, the Eileys, the Guilmartins, the. Pendergasts, the Blois and the Gaudrys. Through this associa tion I got to see and hear Bishop England on his Dio cesan, visitations. His name and fame were great, and his audiences, consequently, large. He was a large man, with corresponding head and face, and florid complexion. He spoke deliberately, in a voice of great compass, clearly and distinctly,, and was made more pleasant fo the ear by the brogue of his native land. He was, in short, all over a typical Irishman. His sermons were noted for their strong logic, and, as I remember, free from efforts of oratory. In previous years "he had endeared himself to the people of Ghairleston by his heroism during seasons of yellow

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fever, and the spectacle was sometimes witnessed of the Catholic bishop preaching on Sunday in a Protestant church, to a Protestant Congregation."
While Bishop England, of Charleston, was so distin guished as a Catholic clergyman, Rev. Eiehard Puller, of Beaufort, an eminent and eloquent Baptist divine, was equally distinguished amtong the Protestants. Dr. Fuller, .as he afterwards became, would occasionally preach in the Baptist church of Savannah. He also, drew large congre gations in which all denominations were represented. He was truly an eloquent preacher of imposing person, and a voice like the deep, soft tones of an organ. He was tall more than six feet with arms of corresponding length, and he could use body, arms and voice in unison, so as to produce a wonderful effect. A favorite attitude of his was to look upward, to uplift his arms to their utmost ex tent, and in that attitude pronounce an invocation or a benediction that would seem to reach heaven itself. Saint Augustine was his beau-ideal of an inspired man. I pre sume the saint of the fourth and not of the seventh cen tury. He would often quote after him, and even appeal to his spirit in heaven, which he could do. with great effect. There would be a perfect hush in the church, and every eye would be riveted upon the commanding figure, and every ear would be delighted and awed at the same time by the deep and sonorous voice and attitude of the elo quent divine.
Then he would gradually withdraw his arms and lower nis voice until it would reach its lowest tone, but yet dis tinct and musical and with same effect as the highest. Sometimes the tears would .course down Ms cheeks witihout Lii changing his face, attitude or voice. His sermons were interspersed with a series of startling surprises. He would

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be speaking in an ordinary tone and in a commonplace way for him, when suddenly there would be an unlooked-for burst of eloquence that would seem /to lift the congregation from their feet. He oould pronounce his text with such pathos and emphasis that it would seem a sermon in itself. I remember one distinctly. It was, "My son, if sinners entice thee, consent thoii not." It was my favorite of his sermons I heard. In it he seemed tk> draw every one to him, and to be the real, the loving father invoking his son "not to be enticed by sinners." Biographers say his "ser mons in style and delivery were formed upon the models of the great French preachers, and of their style have sel dom been equaled." Dr. Fuller was reared in the Protest ant Episcopal church, and was a communicant. So were his father and mother, but believing immersion to be the only scriptural mode, they connected themselves with the Baptist church, and their son followed. He was admitted to the bar after a full college course before he was twentyone and became eminent in his profession. During a re vival he joined the Baptist church, was at once ordained and called to a pastorate in Beaufort. He was born in April, 1804, at Beaufort, and died in October, 18Y6, at Baltimore, Md. He had accepted a call to the latter city as early as 1846. He was contemporaneous with, reared with, and a kinsman of the distinguished Bishop Elliatt, of the Episcopal church. A Cenitury or more back an Elliatt and a Fuller married sisters named Bamwell, and the numerous descendants of these marriages are, of course, related in some degree. As in the case of Father Lynch, after an interval of many years, I saw Dr. Fuller in Atlanta at the dedication of the First Baptist church, and likewise with him as with Lynch, time had made a great change in his appearance and action. During the times I

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saw him at Savannah he had not more than reached his thirty-fifth, year. He was eighteen years younger than Bishop England, but he lived a much longer time, for the bishop died at fifty-six, while he died at seventy-two. Dr. Fuller had during these same times, say in 1839, a contro versy with Bishop England. It was carried on through the newspapers of Charleston and Savannah, -and the sub ject was: "The Claims of the Catholic Church." I was only a youth of fifteen, but I read every word each had to say. It was a courteous and dignified controversy, and the only exhibition of feeling on either side, was upon tihe alleged "Sale of Indulgences in the Catholic Church," which Dr. Fuller positively asserted, and Bishop England as positively anl indignantly denied. I presume the con troversy is published either in the works of Bishop Eng land or of Dr. Fuller, and may be said to contain all that could be said on either side. Throughout this long con troversy Bishop England signed himself as he did in all his official publications, thus: "John, Bishop of Charleston," Dr Fuller likewise had a remarkable controversy con ducted in the public prints with. President "Wayland of Brown University, on the subject of "Southern Slavery," that created a profound sensation. These controversies established his reputation to the same eminence with the pen as with the tongue a gift possessed by very few men.
EeligiOUS and kindred controversies in those days were common, and in debate as well as in writing. Practically, they have fallen into distise, and we have reached a time when men are more tolerant in the matters of faith and opinion, and "have agreed to disagree." It was, and per haps is, a popular idea with our northern fellow citizens, that the existence of slavery tended to dwarf the minds and the bodies of Southerners; but taking Dr. Fullers

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physical proportions and the way he sustained himself on that subject, with one of their first minds, and with Bishop England born, reared and educated in Ireland, on a broader and further-reiadhing subject, should be a complete refuta tion. He was bo.rn and reared in the very midst of slavery in its most intense form, where men owned as many as 1,000 slaves, and in point of population the free man was in a very small minority. From this same locality,, sur rounded by the same supposed-to-be baleful influences, came the good and grand Bishop Elliott. He too was large in body as well as strong in mind. Those named are not the only able and eloquent preachers of the same period, say fifty and more years ago. There flourished in those days Bishops Andrews and Capers, Dr. Pierce and his son George, the bishop and others, each of whom I heard in my boyhbod days and since. Verily, "there were giants in those days." Oan the preachers I have named in this communication be matched iat this day by those now in their prime, man for man, or, if you choose, one against all? Perhaps so and perhaps not. It will do to think of.

"Georgia Scenes" anb "trumpet
Thomas Hardy is an English novelist, who has com to the surface of late years, and has taken a, high place in the estimation of the literary public. One of his more recent novels is called "Trumpet-Major." The scene is in England, during the reign of the Emperor Napoleon, when the peo ple were apprehensive of an invasion by him, and were consequently much excited. The novelist takes advantage of this crisis, and the state of the public feeling, to intro duce into his book a description of a militia drill which took pkce at a church, and on .the Sabbath day.
It will be found in chapter 23, at page 195. As soon ai the novel had obtained circulation, some curious person, with a taste for research, sustained by a good memory, charged the (author with having made a palpable plagia rism in his description of the militia drill, and what is more interesting, proved his assertion. The book from which it was taken, was the modest little volume called "Georgia Scenes," by Augustus B. Longstreet. Mr. Hardy must have thought, as "Georgia Scenes" had been, published so long ago, and had <come a w&y from the wilds of America, that no one who would read his book could be familiar with the rustic stories therein related. But Mr. Hardy underrated the circulation of his own book, as well as that of "Georgia Scenes," and he may from that receive some compensation, or rather consolation, for his detection.
The discussion of the plagiarism has produced a curios-

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ity to pursue "Georgia Scenes," and in some of the book stores it can be found, alongside of "Trumpet-Major." This new notoriety given to "Georgia Scenes" has caused many paragraphs to be published in the various papers of the United States and of England concerning Judge Longstreet, its author. It would be superfluous to say any thing to Georgians, or even to the people of the Southern States, of this distinguished lawyer, judge and divine. When the judge became pious, it is said he regretted having written, and published the stories of "Georgia Scenes/ and would have had, if he could, the precious little book suppressed. But his friends, .even among the clergy, did not share with him this regret. If he wrote no more he had set a precedent which was followed by younger Geor gians, and notaibly we call to mind "The Blacksmith of the Mountain Pass," and "Polly Pea Blossoms Wedding," by the late John B. Lamar; "The Dukesborough Tales," and "Puss Tanners Defense," by Kichard M. Johnston. If any one would like to laugh, and then cry in quick tran sition, let him read "Puss Tanners Defense," to be found in a number of Harpers Monthly during last year. In deed, if he has any humor and pathos in his soul he will so do, whether he likes to or not in fact, he will both laugh and cry at the same time, and cannot help himself,, as many have done in witnessing Joe Jeffersons persona tion of Rip Van Winkle. This reference itio Lamar and Johneton may be more than an episode, :but I cannot help the departure any more than I can help enjoying the fun to b>e found in "The Blacksmith of the Mountain Pass" and "Puss Tanners Defense."
But to return to the subject. It turns out after all that it is said and written, that Judge Longstreet did not write the "Militia Company Drill," nor is it necessary to his rep-

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utation to have it so. The claim for him is founded in a mistake that any one not an old Georgian would be likely to make. In ithe preface of the book written by Judge Longstreet he said: "For the Company Drill I am in debted to a friend, of whose labors I would have gladly availed myself oftener," and in a not at ithe bottom of page 145, where will be found the beginning of the "Com pany Drill," he says: "TMs is from the pen of a friend, who has kindly permitted me to place it among "Geor gia Scenes." It was taken from .the life about twenty years ago. That edition was published in 1840, which fixes the time of the drills about tlhe year 1820. There had been a previous edition of "Georgia Scenes" with out illustration, while this was illustrated.
We have Judge Longstreets express authority for stat ing he is not the author of the "Militia Drill," and, relying on memory, I felt sure the name of the author was given somewhere in the book. But every old Georgian knows as well who the author was as if it had been expressly stated by Judge Longstreet, for before the book was pub lished, ait the time it Was published, and ever since, the author was and is known to be Oliver H. Prince. It is a tradition "whereof the memory of man runneth not to the contrary," and tihere never has been a counter-claimant. The author attached no importance to the story and did not desire his -name published in connection with it, but yet the authorship was well known, and now, after the lapse of nearly three-quarters of a century, it has received new interest by its substantial appearance in Thomas Hardys novel of "Trumpet-Major." But this has served only to perpetuate Judge Longsitreet in tlhe public estimation as its supposed author, while from this circumstance, jus tice and the truth of history, require that the authorship

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should be properly placed. Oliver Hillbouse Prince was a native of Connecticut, but came to Georgia while a child with his father William Prince. He became a lawyer, took high rank at the bar and in the politics of the State. He has represented the State in the senate of the United States. He was the author of two digests -of the laws of Georgia. The second appeared in 1837, and was the only digest of the laws in. lise up to 1851. He became quite celebrated for his wit and humtor, of which, the "Mili tia Drill" gives sonie illustration. His fate was a sad one. While returning to his home at Macon, Georgia, from the North, where he had been to superintend the publication of his digest, the steamship "Home," upon Which he was a passenger, was wrecked in a storm off the coast of North Carolina, and he thereby lost his life. His wife was with him, and she perished also. She was a Miss ISTorman of Wilkes county, Georgia, and a sister of Mrs. Washington P-oe, now of Macon, Georgia.
Mr. Prince was fifty-five years of age at the time of his death. Mrs. Dr. James Mercer Green, of Macon, Geor gia, is his only surviving child.
Below will be found first, the extract from "TrumpetMajor," and then from "Georgia Scenes." By compari son the reader can see the points of resemblance. The general scheme and ideas are essentially the same. Much of the language is exactly the same, but sometimes varied by the substitution of another word, or words, which have the same meaning. Indeed, it is a clear case, that Mr. Hardy when lie wrote the twenty-third chapter of "Trum pet-Major" had the "Militia Drill" before him, and made free use of it. It is not the first instance by several where men of intellect and eminence have appropriated the thoughts and language of others. From such sources it is

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not expected, because there is no necessity for it. The public will have to forgive ilr. Hardy in view of the pleas ure and instruction he has given them in Ms delightful novels, and the good taste he has shown in drawing on "Georgia Scenes."

"Men, I dismissed you boo Soon parade, parade again, I say!" he cried. "2\Tow, all of you that- hasnt got fawlocks, fall in at the lower end."
"Eyes right and dress!" As every man was anxious to see how the rest stood, those at the end of the line pressed forward for that pur pose, till the end of the line assumed the form of a horse shoe. "Look at ye now! Why, you are all a crooking in. Dress! Dress!" They dressed forthwith; but impelled by the same mo tive, they resumed their former figure, and so they were despairingly permitted to remain. "ISTow, I hope youll have a little patience," said the ser geant, as he stood in the center of the arc, (and pay par ticular attention to the word of command, just exactly as I give it out to ye; and if I should go wrong I shall be much obliged to any gentleman, wholl put me right again, for I have only been in the army three weeks myself, and we are 3.11 liable to mistakes. "Poise fawlocks! Very well done. "You middle men that atre armed witlh hurdle-sticks and cabbage-stalks must of course use- them as if they were real things. Now then, cock fawlocks! Present, fire! (Wot shoot in earnest, you know; only make pretense to.) Very

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good.--very good indeed; except that some of you were a little too soon, and the rest a little too late-.
"I ought to have told you before this that at handle your kartridge, seize it and bring it with, quick motion to your mouth; bite the top well off, and dont swallow so much of the powder as to make ye hawk and spit instead of attending to yo-ur drill."
"Ask your pardon, Sergeant; but what must we infantry of the awkward squad do if Boney comes afore we get our fawlocks?
"Tention! To tfhe right left wheel, I mean no, no right wheel. Mair-r-r-Tch!"
Some wheeled to the right, and some to the left, and some obliging men, including Cripples traw, tried to wheel both ways.
"Stop, stop; try again. Gentlemen, unfortunatetly when Im in a hurry, I can never remember my right hand from my left, and never could as a boy. Practice makes perfect, as the saying is; and, much as Ive learned since I listed, we always find something new. Now -then, right wheel! march! halt!

"All Captain Clodpoles company parade here! Come, gentlemen, parade here!" says he. "All you that hasnt got guns fall into the lower end. Look to the right and dress!"
As every man was anxious to see how the rest stood, those on the wings pressed forward for that purpose, till the whole line assumed nearly the form of a crescent.
"Why, look at em," says the captain; "why, gentlemen, you are crooking in at both ends, so that you will get on to me bye and bye! Come, gentlemen, dress, drees!"

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This was accordingly done, but impelled by the same mo tives as before, they soon resumed their former figure, and were so permitted to remain. . "jSTow, gentlemen," says the captain, "I lam going to carry you IJhrough the revolutions of the manual exercise, and I want you gentlemen, if you please, to pay particular atten tion to the word of command, just exactly as I give it out to you. I hope you will have a little patience, gentlemen, if you please, if you please; and if I should be a going wrong, I will be much oblijed to any of you gentlemen toput me right again, for I mean all for the best, and I -hope you will excuse me if you please."
"Poise foolk!" "Cock foolk! Very handsomely done." " Tention the whole! Please to observe, gentlemen,
that at the word fire you must fire; that is, if any of your guns are loaded you must not shoot in yearnest, but only make pretense like; and you gentlemen, fellow soldiers, whos armed with nothing but sticks, riding-switches and corn-stalks, need not go through the firings."
"Handle cartridge! Pretty well, considering you done it wrong and foremost, as if you took the tobacco out of your mouth and bit off the twist with the eartridge^box."
"Order foolk! Handsomely done, gentlemen, very hand somely done! And all together, too, except that one-half of you were a leetle too soon, and the other half a leetle too late."
"Chaxge bayonet,!" "That cant be, captain. Pray look again; for how can we charge bayonet without our guns?" " Tention the whole! To the left left, no, right-^ihat is, the left I mean the right left wheel, march!" In this he was strictly obeyed some wheeling to the
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right, some to the left, and some to the right, left, or bofih ways.
"Stop halt! Let us try that again; I could not just then tell my right hand from my left. You must excuse me, if you please. Experience makes perfect, as the say ing is. Long as I have served I find something new to leam every day. But alls one for that."

E fact of Sbermans IRaib.
About three-fourths of a, century ago one of the prom inent citizens of the Black-swamp neighborhood, near the -Tillages of Hobertville, then in Beaufort district, now Hamp ton county, South Carolina, was Dr. Thomas Harris, a native of Worth Carolina. He was one of the two or three practicing physicians of that locality. There was also there and ait Robertville another -prominent citizen. He was a merchant, and. perhaps the only merchant, for in those early days when transportation was so difficult, the people needed but few goods. This merchant brought his goods from Savannah, and carried his country produce there by pole-boats owned by himself. His name Was Benjamin Brooks, a native of Connecticut. Both these gentlemen were bachelors, and had reached an age when they would soon be on the list of old bachelors. Brooks, feeling the need of a housekeeper, and it not being in his plan of life to marry, brought out from his native State his sister Mary, then a young lady of twenty. This event, I will say, occurred in <tfbie year 1810, for Marys birthday was on May 10, 1790. It came to pass within a few years thereafter that Mary Brooks, the Connecticut girl, and Thomas Harris, the ISTorth Carolina doctor, were married. Some time thereafter Benjamin Brooks died, and Mary was, so far as blood relative went, left alone in that county, then so far distant from heir native land. No child was horn unto her, and except her husband she had no tie of

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relationship to bind her to her adopted home. The hus band -and wife lived harnioniously together for years, but some time before the latei "war between, the States" Dr.. Harris died. His wife, having no family of her own, as sisted the doctor in his practice, and when occasion required Would nurse his patients. -At the death, of the doctor sheinherited all he had, whidh consisted of tihe farm they re sided upon, -a few slaves, and the live stock required tocarry on the farm. Here she resided for quite a number of years, contented witOi her home. Her trusty slaves pro tected and supported her, and she continued to serve herneighbors and friends whenever possible, for having been so long tlhe -"wife of a doctor she knew of many remediesand was skilled in nursing.
The home of Mrs. Harris was in the center of one of the richest plantation, sections in the State of South Carolina. A large area of land was suitable to the production of cot ton. The invention of the cotton-gin, of steam navigation on the river, the cheapness of labor and work-animals started these enterprising and energetic planters on a career of prosperity that soon made t!hem nearly all wealthy. So rich were they in lands and negroes that the planter -who did not own more than a hundred negroes considered, himself poor. Education, intelligence, refinement amd luxury foDowed in. the footsteps of wealth, until for manymiles in every direction tiheire were palace-like mansions, furnished in the latest and costliest style. In these a geneirous and luxurious hospitality was so constant as to become the daily routine. These people having wealth necessa rily -had leisure. This leisure they employed in making each other happy and in beautifying their homes and grounds. They and their ancestors toad lived so long in one neighborhood, that, from marriage and intermarriage..

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they -were nearly all related to each other by "blood or affin ity. The community presented a picture of contentment seldom found in any civilization outside of that which rested on a foundation of fertile lands and domestic slavery. They were ardently attached to their neighbors, their homes, and their State. To them there was no State so good as South Carolina, no city so good as Charleston, no papers so good as the Courier and the Mercury. This was the home of the Martins, the Roberts, the Lawtons, the Staf fords, the Bos ticks, the Tisons, and of others, the descend ants of whom, in their respective abodes, and many in dis tant States, iare now conspicuous in church, State or society.
This was the charming situation appertaining to Mrs. Harris, or to the community in which she lived, when Sherman began his march from Savannah through South -Carolina, It suited his plans to cross the river at the old and historic Sisters Ferry, and from thence his march leld him directly and at once through the earthly Eden I have referred to but not described. As I have not described that, I will not attempt the more difficult task of describ ing the wholesale and indiscriminate destruction by fire and pillage of all that was good, beautiful or valuable in that -community. The mansions of tihe rich, the cottages of the poor, and the cabins of the slaves were alike de stroyed, with their contents. What could not be destroyed was appropriated, and tihe rich and the poor were alike left without food, shelter, or the work animals with which to acquire the one or reconstruct the Other. The destruc tive march of Sherman through South Carolina, has been so well and so often described, it would be worse than superfluous to comment upon it. It is, however, worthy of mention, perhaps, in verification of the old adage of

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"history repeating itself," that South Carolina was once before treated as she Was by Sherman.
She "was as conspicuous in the Revolutionary war as she was in the war of Secession, and for that Cornwallis re solved to make her people feel the effects of war in all its savage Cruelty. For line smaller opportunities offering on his march, and the softer tone which time has given to the history of it, he was only a little less cruel, if any, than. Sherman. Sherman, following the example of Oornwallis, resolved to punish South Carolina because she was con spicuous in secession, but without appreciating -that seces sion was simply, according to her fadrtfti, an assertion of the Same principles of liberty dominant in tihe revolution, as against those who had seized the reigns of this Govern ment to violate iJhat and the principles upon which it was founded.
From the preceding narrative it will already be under stood that Mrs. Harris in her old age was left by Sherman homeless and destitute, with no blood-relation any nearer than the distant and antagonistic State of Connecticut. No friend in the neighborhood was able to relieve her, and she made her way to the nearest part of Georgia that Sher man had spared, where she found abiding-place with one of the descendants of the friends of her youth. There, a nephew of her deceased husband, Rev. Franklin Harris, went for her and brought her to his home in Atlanta. In the course of a few years he died, and thus the last link in the way of a relative had been broken, and the old lady felt very desolate. By this time she Was eighty-two years of age, and she could do nothing but look with an earnest and constant longing over the hills in the direction of her old home, and have her heart go out with every train she saw go in that direction. She was in reality homesick, and

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for a home which consisted -of only- two or three negro cabins. But fliers was not the ordinary homesickness. It was mOipe than tihat it might be said s>he was grave-sick. She "wished ito reiadh Carolina before she died, that she might be buried where she had lived fifty years or more of her womanhood. She Was a feeding illustration of Goldsmiths lines in "The Deserted Village."
And as a hare, when hounds and hunters pursue, Pants for the place from whence at first it flew,
She still had hopes, her long vexation past, There to return and die at home at last.
"With the aid of ia small legacy left her by her faithful and loving nephew, and the personal kindness of a few new friends, the old lady began her journey back. She traveled portions of the journey at times and finally reached her destination. When she got there, raJtiher tfhain be a bur den in her old age upon friends, most of whom were themselves in poor circumstances, dhe took a cabin on her own land, under the protection of a faithful negro man and his family. Some distant relatives sent her small sums, and with the aid of the neighbors and her own exertions she was aible to subsist; but later she became bedridden., and was a burden upon the faithful negro. Finally she was taken to the home of la kind gentleman and his wife named Riley, and there, at the advanced age of ninetythree, she died died at home at last, and at last found the home for many years so desired to have.
At this point the reader might inquire what is there in this more than has happened so often to unfortunate humanity? If no further merit, it is another of the many cases, which show that "truth is stranger than fiction," as I will try and prove.

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In Connecticut, about tihe middle of the last century, there were two sisters named Mary and Hannah Kaymond. One of these sisters married ia man by the name of Brooks, and the other married a man named Hoyt. The Mrs. Harris o wihom I am writing was a daughter of the first named marriage. A daughter of the second named married Charles Sherman, and Wm. Teoumseh Sherman is a son of this last named marriage. Thus, Mrs. Harris was a first cousin, of the whole blood, to General Shermans mother, and General Shea-man, without knowing it, burned and pillaged tlhe property of his mothers first cousin, and she an aged lady, as perfect a specimen of a non-com batant among adults as could be found.

At the age of nineteen I was admitted tto plead and prac tice law in the superior court of Chatham county, and at the present court-house of Savannah. You might here well respond, "What of that? What interest have my read ers in that unimportant fact.?" Your point would be. well taken if that faiet stood alone, but connected, as it is, with the officers and lawyers of the court at that time, and the changes since, it niay prove interesting to many. The judge of the circuit was Charles S. Henry; the solicitorgeneral, William P. White; the clerk, Robert W. Pooler, and his only deputy, Edward G. Wilson; the sheriff, John E. Davis. The committee of examination were Mat thew Hall MoAllister, Robert M. Oharlton, Frances S. Bartow, and William P. White.
It was the custom then for the judge to set aside some special day or days during <a term for the examination of applicants, and to appoint the most eminent lawyers of the court on the committee. !NTo examination was had except what occurred, in open court, and that was as thorough as practicable. If a law student of Savannah should apply for admission on tihe circuit he brought upon himself a sus picion of bad preparation, and at least for awhile it af fected Ms standing at the bar, and should one go out of the circuit to be admitted, that was taken as strong evi dence of his unfitness, and perhaps in more ways than one.
On the day I write of there were four applieaiife, in cluding myself. We were examined together like a class

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at school. The examination began at 9 oclock, and ended at 2 oclock, and the result was, that haying been found by the committee "learned and skilled in the laws," we all received our commissions signed by Edward G. Wilson, deputy clerk, and countersigned by Charles S. Henry, judge.
The three others were Leonorem D. DeLyon, Louis Le Conte, and William H. Griswold. Mr. DeLyon was the oldest son of Judge L. L. DeLyon. Mr. Le Conte was the brother of tlhe Professors Le Conte, now of California, and a citizen of Liberty county. He was a graduate of the law department of Yale or Harvard. Mr. Griswold had pre viously been admitted to practice in i!he State of IST-ew York. Mr. DeLyon and myself were the only students of Savannah, and we are the only survivors, unless Mr. DeLyon has died within a few years. When last I. heard from him he was a professor in an institution of learning at Dangerfield, Texas. Since his admission he was the edi tor of a paper at Valdosta, in Lowndes county, Ga., and has the credit of naming that place the then site of that county. He so named it in honor of Governor Troup and his home plantation in Laurens county, which the governor called Valdosta. There -are some who will remember how famous Valdosta became in the exciting presidential cam paigns of 1840 and 1844, by reason of the published politi cal letters emanating from Governor Troup, and dated Valdosta. Mr. Le Oonte, not many years after his admis sion, was killed in Liberty county, Ga., by the accidental discharge of his gun while getting in or ouit of his buggy. Mr. Griswold went immediately to. St. Marys, in Camden county, there located as a lawyer; married, and, as I am informed, died many years ago. He proved to be an able lawyer and worthy man.

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Of the officers of court and the committee of examina tion there is not one surviving; all are dead; and as you and many of your readers know, three of them died a tragic death. That of Mr. MesAlligter was nearly do. He was the first Federal judge appointed for California, and had he lived would have been the judge of the Supreme Court of the United States for the Pacific States. The labors of the count were very heavy, and he had no -assistance. The cases Were important and intricate. He devoted himself to his duties and brought all the powers of his mind to bear upon them. The result was a disease of the brain which in a short time ended his life. He died in the city of ISFew York. From his ability, his attainments, and his age, he was for many years the only lawyer, except Judge Law (Judge Berriens law partner), then recognized as capa ble of contending with Judge Berrien, wiuo by friend and foe was then conceded the ablest lawyer at the Savannah bar. He was some twenty years the senior of Mr. McAllister. Judge K. M. Gharlton was several years younger than McAllister. If you have not already realized the shortness of human life, and desire to do so, just inquire how many lawyers now at your bar were admitted prior to the 5th of February, 1844? I think there are just three. I was upon the point of naming them, but knowing how many men, and sensible men too, are sensitive about their ages, I shall not name them. I do not know that these gentlemen are, but I had better be on the safe side. Then inquire how many of those named iare natives of your city or county, and you will find but one. The result of it all, so far as it concerns myself, is that except one gentleman who has been out of practice for many years, I am the: old est lawyer in Georgia who is a native of your oity. You and your readers must suppose from this I am an old man.

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MEMORIAL.

It is only Iruman life that is so short. I notice that several

members of the editorial corps who have spoken. Mndly of

"me on my leaving the judgeship are seemingly under a mis

apprehension as to my age. Memory is a faculty which,

"with some persons, runs far hack into their youth and child

hood.. Some persons remember from their third year, and

from five to seven the memory is general. Hence a man

of only forty-five may remember forty years, but because

of that it is not safe to put him at seventy. In self-de

fense purely, permit me to say that I am younger than

Chief Justice Jackson and his associate, Judge Hall. I am

younger than Judge MeCay, of the United States Court.

I am younger than Senator Brown, and the same age of

Senator Colquitt. Those named are all as active as neces

sary, and as useful as they have been at any stage of their

lives. A man may have a long memory for things great or

small without being old. It is well that some men have

such a memory and will give others the benefit of it, but

:such is a damaging proceeding if for that he shall be raited

older than he is.

It is wonderful how, from short memories on one hand

.and an indisposition, to tell what is remembered on the

other, important men and events of only a generation ago

become lost and pass into oblivion! Who of the bar of

your city and I may even go outside among your intelli-

,gent people of all classes rememibers th.at James A. Bar-

tOielot, a distinguished lawyer of Tallaihassee, Fla.. was a

"

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native of your city? How many of like sort remember

that Judge Leslie A. Thompson, of Florida, later of Texas,

one of the most intellectual of men, was likewise a native

of your city? How many of your present members of. the

bar remember, and how many even ever heard of, ISTicholas

Marlow ? And yet he was born in your city, was a member

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253:

of the Savannah, bar, rose rapidly into practice and dis tinction, and died late in tibe summer of the year 1839 or 1840. He was of Irish parentage, and the adopted son of" Patrick Marlow, a storekeeper on Market square. At his death he was the law-partner of the late Joseph W. Jack son. He was refined and intellectual, and from his pro found thought and felicity of expression, was formed by nature for a lawyer. Had he lived and been true to Trimself, the topmost round in the ladder of legal fame would have been his, and yet to mount higher were there any higher rounds. He could not have been more tiban twentyseven When he died, perhaps not exceeding twenty-five. His death was remarkable, from the fact that another young man died in the same house on the same day, and there was a double funeral. My remembrance is, his name was Mills, and he was a clerk of Hiram Roberts at his. wholesale dry-goods store, in Gibbons range. They died at Mrs. Stebbins boarding-house, which occupied the west ern end of what is now the Marshall House. Who remem bers Counselor Leake, called so in the days of -Ms decline, but for a long time he was a prominent member of the Sa vannah, bar? His name will often be found in the reports of the elder and younger Charlton. The old counselor spent much of the time of his declining years at Luddington & Thompsons, iJhen the only first-class restaurant in Savannah. He had the misfortune to become a very loyal, subject to "Old King Alcohol," and for this reason Ms prac tice left him, but he was an interesting talker to the very last. When a youth low down in my teens, and I went, there to get an oyster stew or ham and eggs, I listened with pleasure to *he old counselor while he talked to others. In memory I see him now as vividly as I did then in reality,., and there is a kind place in my heart for the old counselor..

Georgias fSl^stenous Governor.
It .has been stated that John Adam Treutlen, the first governor of the State of Georgia, was ;a Salzburgber. There is no doubt he was an official member of the church of the Salzburgher at Ebenezer before the war of the Revolution began, as his name appears among the twelve deacons of that church during the pastorates of Rabenhorst and Tribner. He was a citizen of that part of Effingham county which was then St. Matthews parish, and his home was about eight miles from Ebenezer, in the immediate neigh borhood of Sisters Ferry. "Whether he was a Lutheran from choice or because that was the only accessible Chris tian church, is uncertain, because it is by no means certain he was a Salzburgher. Indeed, the weight of such tes timony as I have is that he was not.
It is equally strange and unfortunate that so little of the history of Governor Treutlen is known. What was Ms native country, when he came to Georgia, how his youth and manhood were passed up to the Revolution, are all un known. And stranger yet, although he was among the earliest and most conspicuous of the Georgia revolutionists, and was the first governor of the State, his subsequent his tory has been lost. There has been no one to record the date, place and manner of his death, and his grave like almost everything connected with his history is unknown. In consequence of this meager information the name and fame of Governor Treutlen has been neglected. Georgia has given his name to no county or town within her lim-

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255

its, nor done anything else to perpetuate her first governor. This neglect could not have grown out of any personal disqualification or the rendering of iniconsiderable service. .He was a member of the Provincial Congress from the Par ish of. St. Matthew, which assembled July 4th, 1775. Among the co^delegaites is to "be found the very distinguish ed name of George "Walton. In that Congress were such men as the Habershams, Bryants, Telfairs, Houstons, Clays, Cuthberts and Mclntoshes. Afterwards, in 1777, he was selected from among such men to be the governor of the State, and from the necessities of the situation, it was neces sary to confer upon him arbitrary power. When he was elected governor his executive counsel :embraced such men as John Houston, William Few, Arthur Fort, and John Jones. During his administration there was a controversy with the neighboring province of South Carolina, in which he bore himself with distinguished valor and wisdom. South Carolina attempted the absorption of Georgia by making both one province.
The citizens of Georgia had become infected by her emis^ saries, and the occasion called for great firmness, courage and energy. Governor Treutlen was equal to the emer gency. Had the movement succeeded there would have been twelve instead of thirteen States, and the present em pire State of the South might have had no existence. But the term of office was only for one year, without re-elec tion. It was only the third year of the Revolution Governor Ireutlen retired from office, and this is the last history has to eay of him. The war lasted four more years. Great events of a political nature immediately followed its close, and yet, neither during these interesting and exciting times, nor since, is there anything recorded of Governor Treutlen. He was -a true patriot and a fearless man, and could not

256

MEMORIAL.

have remained idle. He could not have done so had he so chosen, for the countay has need for the services of all her patriotic sons. The only reasonable solution is that he must have died soon after retiring from -office. In sup port of this the tradition coming down to his descendants,, and of which there can be no doubt, is that on a visit to Orangeburgh distract, S. 0., where he had near relatives, he was followed by brutal Tories anld murdered in the most horrible manner. He was tied to a tree and hacked to pieces with swords in lihe presence of his family. His body, or what remained of it, was buried, either by (the Tories or his own people, at some place, where, either from not knowing at first or from being forgotten amid the troubles of the times, no one now living knows. Goves-nor Treiutlen having in this sad way departed from the scene of public action, and it being so long until the independ ence of the State was achieved, and having no son or other descendant in the State in public life, he was for gotten. If not forgotten, certainly neglected, for Georgia to this day owes him the debt of some appropriate recog nition. It is never too late to do right, and the State should on the first opportunity take some action which will perpetuate the name of her first governor. It was no littledistinction to have been such, for to our governors on the original organization of itflie State during the Revolution all our governors since owe their official position and repu tation.
In view of Governor Treoitlens celebrity his whole per sonal history becomes interesting, and this, sad to say, is involved in more doubt than his career immediately fol lowing the explication of his term of office. While the namehas a German sound, yet it is also -tradition -among his de^ scendants that he was a native of England, and had been

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257

L

a soldier or officer connected with the British army. If

(Ms is true he may have come directly to Georgia, as other

English emigrants. But whether he is English or German,

the greater probability is he came first to the province of

South Carolina. He, or his ancestor, may have been among

the German settlers of that State. From the earliest

knowledge of him he had .near relatives in Orangeb-urg,

where some of his descendants yet reside. In thte neigh

borhood of Sisters Ferry, where Governor Treutlen re

sided, were many settlers from South Carolina who were

attracted there by the abundance of wood and timber on

that side of the Savannah river, with a market at Savannah.

This was before the days of eotton. The Carolina side had

been longer settled, and there were few or no high bluffs,

while there were many on the Georgia side. Either theory

is more probable than that he was a Salzburgher. There

is no appearance of the Salzburgher in any of his descend

ants I have seen, and I (have seen many. The Salzburgh-

ers have well-denned features, accent and characteristics

not to be mistaken by those familiar with them even to this

day. Substantially, there is nothing in Stephens^ History

of Georgia or "Whites Historical Collections except what

I have stated. What makes the paucity of his history yet

stranger is that there is no old Georgian whose descendants

are better denned, and more than that, they are quite

numerous. I shall mention several who bear the relation

of great-grandchild (or yet farther removed) to John Adam

Treutlen. There are Col. John F. Treutlen, who was re

cently of Columbia, S. C.; Dr. Walter S. Dudley, lately

President of the Agricultural and Military College at Mil-

ledgeville; Mrs, Maris E. Provost, and Dr. Harvey deck-

ley and wife, of Alabama; Mrs. E. C. Corbet, of Macon,

Ga.; Mrs. Judge Mallette, of Effingham county, Ga.; the

17

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MEMORIAL.

"WilMns brothers, of Burke and Jefferson counties, Ga.; the sons and daughters -of Albert O. Porter, of Effingham, who was during the late war taken prisoner by Sherman and sent to Point Lookout, Maryland, where the poor fel low died from the effects of prison life. Whether or not! his grave, sintoe the war, has been by his family identified 1 do not know. An interesting fact to me is tfhat when I was only ten years, of age, the colonel (William J. Dudley) and the major (Christian Treutlen), of an Effingham mili tia regiment, were both the grandsons of Governor Treuitfea. This suggests that the governor may have been past meri dian of life in 1775. Captain Frederic Tebeau, of Savan nah, long since deceased, was in somle way related to Gov ernor Treutleoa, and, of course, his descendants are like wise. There are others I cannot recall, and I have no doubt there are many I have never heard of.

Colbest
The winter of 1855-56 was distinguished for its con tinued and extreme cold. In the nionth of January, 1856, .all the water on the earths surface remained frozen for a long time; -how long I shall not say, lest I overstate it, but I will state a fact and its incidents, from which you may judge. Your oldest inhabitant and many younger, will remember a pond in tihe rear of a livery stable and in front of Mr. Arch Greers residence, then on Broad street, Albany, Ga. It covered, when full, perhaps two acres of .ground, and in the middle was quite deep. At one partic ular place, where the water passed off by an underground passage to the river, it was very deep, perhaps fifteen feet. This was the pond your city authorities for many years were anxious to drain. Finally, it being known there was .a subterranean passage to the river, it was suggested, and I think by the late James M. Mercer, flfoat if a well was dug on the edge of the pond down to the passage then the pond could b<e ditched into it, and thus drained. The well was accordingly dug, but after digging quite deep wiltfhout reaching the passage it was abandoned, and the dry well remained for some time. At last there came a wet spell, in which the rain fell heavily and for a long time, and to such an extent "tihat the pond covered more ground than was ever known. Its waters were thus spread to the dry well and "pitched in." The force and weight of the water caused tlhe well to "fall out" into the underground stream, so anxiously sought for. Thus by accident was the pond

260

MEMORIAL.

drained. This interesting circumstance is stated to identify the pond. "Well, the weather being freezing cold for a good while, there came an unusually cold snap in addition to the -existing cold. The pond described became so hard and so thicHy frozen that it Would bear up the weight of a man anywhere. There were no skates, but for amusement one man would sit in a country-made, splitbottomed chair, while two others, One on each side of it, would send the sitter as far as their strength would permit, so to at, s with the forced used and the slickness of the ice, hewould go out to where the water might have been five or six feet deep. The thermometer was down to six degrees, above zero. I cannot call to mind that I saw it myself, but I well remember that that was the figure it Was then generally understood to be at. This was on the 19th day of January, 1856.
Precisely four years before (in 1852) there was another of the coldest spells within my experience. I started from Albany to Blakely on Sunday morning to attend an ad journed term of Early superior court. The day was an unusually warm One for tihe season. I stopped that night just across Spring creek, and wilthin eleven miles of Blakely. There was a rain and a change of temperature dur ing the night. I shall always remember the drive to Blakely the next morning, with a hard -and freezing north west wind in my fa:ce, and therefore suffering more from the cold than at any time before or since. The weather continued cold. On the following Thursday I began my journey from Blakely to Columbus, Ga., by way of Outhbert and Lumpkin, to- attend a session of the Supreme Court. The shallow water in the road in Early was frozen solid to the ground, and the buggy wheels in going over would -only make a rut in the ice, without breaking through.

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261

"When I reacted the Hll country in -the upper part of Bandolph and Stewart counties, where the public road was worn and cut down through, the hills, so that there were banks on each side of the road many feet high, say in places, from eight to twenty feet, these (baulks bristled and glistened with icicles, from top to bottom, of huge dimensions, hang ing down and arranged side by side like the barrels of an organ, only much larger at the base, and tapering off to a point. Such long- journeys on the dirt road must sound strangely to the young lawyers of the present day, who can now go comfortably by railroad to every place court is held, or within a short ride, Nevertheless, the journeys were performed, amd from .them the young lawyers may learn something of what "we old fellows" had to endure when we were their age. And I have said nothing of the deep waters we had to wade or swim, the dangerous bridges we had to cross, or of the hard rains and storms we had to encounter, because this letter is about the severe cold. And in reference to this, I should say that in making a days journey in very cold Weather we would sometimes stop in the woods and make up a fire to warm by, lesft a longer endurance might be attended with serious conse quences.
I do not know who your "oldest inhabitant" is, but- it seems to me at this distance that he ought to- be either Nel son Tift, John. Jackson, Alex Vaston, Marick Barnes or Samlin Cook, for they are aH I <cain think of -among the "oldest" male "inhabitants" of Albany who yet survive. In the years sin-de I have ceased my citizenship of your city many of the oldest, inhabitants have been laid away in their graves-, and it is only recently that three of the oldest and most promient and useful, James Mercer, Judge Strozier and Dr. Jenningis, all my friends, have been added to the numbers who have preceded them.

E Iking of Drinkers,
The name of IVIaj. J. H. Steele calls to mind an interest ing incident, of whidh he was the principal personage. But before I relate it I moist premise a little. He was a man of nruteh dignity. Getting along in years, his hairwas quite gray. This gave him a venerable as well as a dignified appearance. "Whatever he did, from the greatest to the smallest, he did it with an air of elegant leisure, so in keeping with his- imposing presence. He could snioke a cigar or take a drink, from the first wine down to the com monest whisky, with a grace of manner beyond any other man. In doing the latter, it was his habit to hold his glass until he related some pleasing anecdote or incident, and then drink with a deliberation that was elaborate as well as dignified. By this time each of Ms companions had swal lowed their potation with more or less of haste, and could look serenely on the major while he was enjoying his.
It was at the session of 1859-60, the place the room of the lluscogee members, at the old McComb hotel. There were present some eight or ten friends who had gathered to pass an evening with poor Emmett Dixon and his col leagues. It was about ten oclock at night, when all had simultaneously risen "to disperse to their respective abodes," and thus separate until morning. There was, as was the custom then, the usual glass at parting. As was also usual with that company, the major had the floor discoursing to his young companions, for he- was old enoxigh to be i/he father of every man present, unless Uncle John Maund of

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263

Talbot should have been theFe. /There was nothing to break the silence but the majors melodious voice while con cluding Ms discourse. When toe ceased there was profound silence. There was neither speech nor action to break it until just when the glass touched his lips, and all eyes were upon him, Albert Lamar broke forth to the surprise of every one and repeated in a low deep tone, these lines from "Hamlet":
"Let the kettle to the trumpet speak, The trumpet to the cannoneer without, The cannons to the heavens, heavens to earth, The King drinks "
It was so sudden, so unexpected, so appropriate, that it "brought down the house," and the major drank the con tents of his glass amid deafening applause. I have never known a private incident of so trivial a nature to have such a dramatic effect. It will be appreciated the more* when I say the major was really, from his age, his dignity, and the respect shown him by his young companions, "the King among us a." On ordinary occasions he would tower above us like an Indian chief in the midst of his tribe, and thus impressed, Albert Lamar would sometimes, on con vivial occasions, call him "Tuste ISTuggee." The title of major suited him, and he the title. He began with that rank, retained it for many years, and repeatedly refused promotion.
Albert Lamar and Phil Tracy were his pride, his pets, his idols. They were brilliant and he was proud of them kind arid considerate to him and he loved them. "When
they called him major it was a term of endearment, and he called them Albert and Phil with the same tenderness. He loved the company of young men and as a rule asso-. ciated with no others.

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MEMORIAL.

But at last the old majors happy Career had to close. When the principal editor of the Atlanta Intelligencer, in November, 1870; he "was taken with a lingering illness from Which he never recovered. He died in the early part of January, 1871, in *he sixty-fifth year of his age. I saw him on his death-bed, and attended Ms funeral, Eev. Dr. Brantley officiating. The last time I saw him was a few days before his death. He was calm, patient and resigned. He would not speak unless spoken to. The sit uation, the subject, was to him too deep for speech. If yon spoke t!o him he would answer intelligibly and with his man ner in health. "While I was there his sister Mrs. Brewer left to return to her home near ibj, and in bidding him goodjbye, said: "Brother John, look to the great Physi cian." He replied, "I am looking." These were the last words I heard him speak, and I am told he maintained the same silence, although able to speak, until death de prived him of that and of every other faculty.

jobn E. Cutbbert.
It is now very generally known this aged and distin guished gentleman departed this life on the 22d -of Septem ber, 188(2, at Ms hoine on Mon Louis island, near the city of Mobile, in the ninetyjfourth year of Ms age, having been born on the 3d of Jnne, 1Y88, in this city. In considera tion of his nativity, lineage, public services, pure charac ter, great ability and extreme age, we feel strongly inclined to -write an extended sketch of his life, which should serve both as truthful history and deserved eulogy. But within the last two years so much from time to time has been pub lished of him, until he occupies the exceptional attitude of one whose obituary has been written and whose eulogy has been pronounced before his death. As the oldest sur viving member of the National House of Representatives in all the land, and as the sole surviving member of the Princeton graduating class of 1805, the eyes of all reading people have been turned to him for at least the last five years. He has thus been conspicuous in a manner that has fallen to the lot of few men since the dawn of Christian civilization. A late instance of this kind is Thomas Carlyle, but he was a deeiade his junior. And there was a greater difference between them than age makes. WMle one, with all his ponderous intellect, his vast attainments and his world-wide reputation, has left unpleasant memo ries of his deep prejudices and his rudeness of speech and action, of the other there are naught but pleasant mem ories of the refined, olden-time gentleman. Just why

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Judge Cuthbert thus became the object of such special in terest cam be better illustrated by a short extract from a. notice of his connection in Congress with the Missouri com promise, -written by Hon. "W. T. Walthall, of Biloxi, Miss., for the New Orleans Times-Democrat:
"He (Judge Cuthibert) was born before the Constitution of the United States went into operation. The old articles of confederation were then in force. All the settled parts, of the country now constituting the States of Florida, Ala bama, Mississippi, Louisiana and Texas were then Spanish territory. It was before the outbreak of the French revo lution. Napoleon Bonaparte was an obscure lieutenant of artillery, and Walter Scott am apprentice in his fathersoffice. Edmund Burke and Benjamin Franklin were still living. George Canning and Henry Broughman were col lege students. Calhoiin and Webster were little children, and Henry Clay was riding astride of his meal bag in the Hanover slashes. He was born in the same year with Byron and Peel, He was nearly twenty years in advance of Bulwer and Beaconsfield and Robert E. Lee. Just twenty senior to Jefferson Davis, and still more to Lincoln and Gladstone. He was a. member of Congress in his second session wfliein John. 0. BrecKnridge was born, and a man of middle age at the birth of Grarfield. He was in Congress during the .agitation of the Missouri compromise, and was the associate of Clay, Macon, Lowndes, Randolph, and the PincEneys of South Carolina and Maryland."
The pertinency and brilliancy of the foregoing array of historical characters may be the better realized if we select from them Byron, and say that although he died nearly sixty years ago, yet it is among the possibilities that he could be living now, for he and Judge Cuthbert wereborn in iihe same year. Thus, how is the character of a man

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fixed, and tow is the; public weal or^ woe -affected by that arbiter death, who at once pronounces and executes his judgments without the utterance of a word, and from whom there is no appeal? Byron should have lived longenough to be ashamed of "Don Juan," and to reap the glory of "Childe Harold." It is becoming that this papershould, next to those of Mobile, commemorate the de ceased, for our city is his birthplace, and here, or in our vicinity, he passed his youthful -manhood. Hereand vicinity yet reside many of his blood relations, but of many a generation this side of the one to which he belonged. On his mothers side he is the grand son <of Col. Joseph Clay -of the Revolution, amd his fatherwas Seth John Cuthbert, a colonel in the same war. In this connection, so far as concerns the descendants of Joseph Clay, we will substitute, as better than we could write, an extract from the Sunny South, of Atlanta, Ga., published" more than a year ago:
"The descendants of Col. Joseph Clay are remarkable for their talents and distinction. They present one of the fewillustrations of the transmission of talent. His son Joseph Clay, Jr., was a lawyer of eminence during the latter years of the last century in Savannah, Georgia. He was thelegal preceptor of Judge Berrien, and if Judge Berrien were now living he would have entered on his hundredth year. Judge Clay was an orator an eloquent advocate, having great power over juries. There is a tradition that at the close of one of his most effective appeals in behalf" of a Criminal, the presiding judge, in tears, said to the sob bing jury, "Beware of the eloquence of that man." He sud denly became pious, entered the Baptist ministry, accepted the pastorate of a church in Boston, and there died in 1811, at the early age of forty-seven. One of his daughters-

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married ]\fr. Kufus Gray, a prominent citizen of Boston, and their descendants are now among the most wealthy, refined and cultivated people of that city. After the death of Judge Clay his family returned to Georgia and resided on their estate in Bryan county. There, many years ago, died his only son, Thomas S. Clay, an elegant gentleman noted for Ms piety and benevolence, and there now resides his only surviving child, Miss Eliza Clay.
"A daughter of Col. Joseph Clay married Samuel Stiles, and by this marriage came Kev. Dr. Joseph C. Stiles and Hon. William H. Stiles, a member of Congress from Geor.gia. Both ware men of talent and distinction. Dr. Stiles was in the very front rank of able and eloquent divines of the South. He and Richard Fuller were contemporaries And twin brothers in pulpit eloquence the first a Presby terian, the second a Baptist. Another daughter of Col. Joseph Clay married Thomas >Cumming, and by this mar riage we have William, Henry, Alfred and Joseph Gum ming. All were men of note, and some of the first order of ability. William distinguished himself as an officer of the United States army in the war of 1812, and afterwards as a lawyer. He became known to the whole nation by his duel with George McDuffe."
Among the descendants of Joseph Clay not named in the above was Albert Outhlbert, the brother of our siibject, who was a United States senator of Georgia from 1834 to 1843, and died in Jasper county in the year 1855. A correspondent of this paper some ten years ago called attention to the Cultihbert brothers in an article written for the Ncics, which, after allusions to Alfred, said of John A.:
"He was likewise a man of talents, took a high rank in the State as a lawyer, and was a brilliant political writer.

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He moved from the low country to Eatonton, then to Forsytii, then to Milledgeville, where he edited the Federal Union- with greatability. About the year 1835 he moved to Alabama and resided at Mobile or vicinity for many years. He was elected to the United States House of Rep resentatives from Georgia during the times of Clark and Troup, and became a member of that body. Like his brother Alfred he brought to middle Georgia a large prop erty, but unlike him, did not succeed in improving it. He is represented as more sociable and affable than Alfred, and had a strong personal as well as political popularity. His old surviving legal and political competitors remem ber him with pleasure, an!d speak most kindly of him. An incident is related of him which displays his kindly nature and brotherly affection. At Upson court some lawyers were disputing as to Mr. Calhoums power of Conversation. To settle it, one made1 the proposition, to ask John A. Cuthbert who was the best conversationalist he had ever heard, feeling assured he would say Mr. Calhoun, whom he had lately parted with at "Washington City. It was accepted as the solution, and Mr. Cuthbert was called from his room and the question propounded. He had known nothing of the conversation or of iibe purpose of the question. He manifested embarrassment and with hesitation he replied, "My brother Alfred." With equal delicacy on the part of the propounders he v/as never informed of their object. This is very like the warrior whose toast on a comvivial occasion has been immortalized in verse because it was the simple but touching words, "My mother."
In the year 1808, before he had completed his twentieth year, he embraced religion and was baptized by his uncle, the Eev. Joseph Clay, in the city of Boston. From then

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until death lie was a prominent, consistent and zealous mem ber of the Baptist Church.
In 1810 he was elected from Liberty county to the legis lature of the State^, and for many years he represented the .same county both in the Senate and in the House.
In the war of 1812 he commanded a volunteer company to protect the coast of Liberty county.
In 1814 he married Miss Louisa E. Croft, a most lovable .and estimable lady. This was his second marriage, but his first wife lived but a short time and. died without issue.
In 1819 h was first elected to Congress. After his ser vice in the House of Representatives he was: put forward by his party as the competitor of John Forsyth for the United States Senate. The vote was a tie, and it was not -until tihe next day that a solution was reached by the elec tion of Mr. Foisyth. Nothing could better evince the rstanding of John A. Cuthbert in Georgia at that time than that he was considered worthy to contest for so high an honor with such a celebrity as John Forsyth afterwards became. But for the dominaney of thfe Troup party in Georgia from 1823 to 1833, John A. Cuthbert would have received the highest honor it was possible for Georgia to bestow on any of her sons. The reformation of parties into the Union and State Rights parties in 1833 placed his brother Alfred in the United States Senate the following year.
In 1837 he moved to Mobile, and. in 1840 he was elected to the legislature- of that State. The last office he held was that of judge of the circuit court. Then, growing old and weary of the very active political life he had lived, he confined himself to the practice of his profession. His last appearance in politics was his participation in the "Know Nothing" campaign of 1855. The nature of that

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issue aroused tfhe slumfbering nres of his patriotism, and he made speeches replete with eloquent denunciation, against that secret "political order." He continued the practice -of law until within a few months of his death, when he had to yield to bodily infirmity. A strange part in con nection with his practice is that in the last ten years of nis life there had ("been a revival of it. Instead of declin ing more and more towards the last, like most old persons, he experienced an increase of mental strength and energy. Like unto the "second sight" which comes to a few of the .aged, there was with him a second physical and mental man hood. Within tie last year -his name will be found in the Alabama reports. When that aged and venerable lawyer would rise to address the court the presiding judges must have felt like yielding to .him. while he spoke their own places in token of their profound respect.
Thus has this great old gentleman lived and died. His life was so long spared, that at his death, of a famliy of .seventeen, there survived only two- sons and one daughter.

la the eulogy upon Chas. J. Jenkins lately delivered

before the General Assembly of Georgia by Col. Chas. J.

Jones, he makes reference to that incident in Col. Jenkinss

life when be alone of all his party refused to withdraw

from the House of Representatives and leave it without a

quorum for the purpose of defeating an adverse political

measure. There is no act in Governor Jenkinss whole polit

ical career which so well illustrates his high sense of honor

and his invincible moral courage. At least there is no act

which can better illustrate both. Those who now read or

hear of it, however they may appreciate, can form no idea

of the heroism of the act and the sublimity of the scene

like those who were present and witnessed it. I happened

to be among that fortunate number, and, although just a lit

tle over a third of a century ago, there are not many who

yet survive and who can describe it as an eye-witness. It

should be described by such an one, and in the absence of

one better qualified to do so, I shall undertake it, that

greater justice may in this way to some extent be done the

noble character to whom Georgia owes so much for what

he has done in illustrating their State, and in leaving so

grand an example for their admiration and emulation. For

proper undenstanding of Governor Jenkinss Conduct on

the occasion referred to it will be necessary to relate eom

historical facts of a political nature which preceded and

surrounded it.

i?

The Constitution of the United States says: "The times,

places and manner of holding lections for senators and rep-

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resentafives stall be prescribed in each State by tlie legis lature thereof, but the Congress may at any time, by law, make or alter such, regulations, except as to the place -of dioosing senators." Up to -and including 1840 representa tives were chosen by the regulations of each State, and as a result some were chosen from the State at large and some by districts. Georgia was one of the States which chose her representatives by the first named method, and had done so for many years. The Congress of the United States determined there should be uniformity in choosing representatives throughout the United States, and as the direct system was one which gave all the people represen tation and secured that right to the minority of a State, adopted tlhalt system. This change was repulsive :t the people of Georgia, who had become accustomed to the other system. The first opportunity by Georgia to comply with the new law of Congress was at the session of 1842. At that session the Democrats had their governor, a good working majority in both branches of the legislature, and could have districted the State as might sixit them, but they took exception to the law of Congress and refused to com ply. At the next election (1843) there was a complete change in the politics of the State, and the Whigs had their governor, and a good working majority in both branches of the legislature. Like sensible men they complied with the law of Congress and districted the State, The Demo crats were indignant at the political complexion of the dis tricts thus made, as tested by the election of 1843. They said the Whigs had laid off five certain districts for them selves, two for the Democrats (which they could not avoid), one doubtful. Coupled with their indignation was the promise, uttered with all the solemnity of an oath, that when they should again get control of the State they would
18

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undo the wrong. One of their specifications was putting Toombs and Stephens in different districts, although they were in a section of the State where the interests of the peo ple were identical, and resided only eighteen miles apart. These two gentlemen had for some years been conspicuous for their ability and their enthusiasm in the Whig cause. To put them both in one district was to shut one of *hem out of Congress. Had the Democrats used <$he power they had the year before they could have put both in one district and there could have been no just cause of com plaint. To get Toombs and Stephens in one district, the latters district (the eighth) had to run too far down the country and embraced Screven, where Edward J. Black resided, a Democrat and member of Congress. This the Democrats regarded as a doiible wrong. The same law which, assured Toombs and Stephens of a seat in Congress ousted Black by burying him under a Whig majority of three thousand. Black was a brilliant man, and the Dem ocrats loved and admired Mm. He made a gallant fight against Toombs, who admired his courage and his.talents, and speaks well of him to tMs day, but of course he could not defeat such a man as Toombs with such a majority at his batek. As a consequence at the first election in 1844 under the new system Black was defeated. He was the father of George E. Black, and died in the year 1849, aged only forty-four. He was first elected to Congress at the age of thirty^three. Mr. Stephens was first elected to Congress at the age of thirty-one, and Mr. Toombs at thirty-four. The Democrats, seeing they had promoted Toombs and Stephens and lost Black by their own folly, were furious, and as Absalom Ohappell used to express it, were "full of resentment."
A man of less propriety than Col. Chappell would have

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rsaid they were full of revenge or viiidictiveness. Although. Georgia was a doubtful State one year Democrat and the next Whig, having generally ia margin of votes to "play for- of some fifteen hundred the Democrats never got control of the State again until the Session of 1849-50. Then they had only three majority in the Senate and only four in the House. Notwithstanding this meager majority, it was their first opportunity since the great wrong had been -done, and might be their last for as many years to come. So they took steps early in the session to redistrict the :State. The law so doing had passed the Senate and only lacked the concurrence of the House to become effectual, for Governor Towns kept his pen and ink always in a con dition to promptly give his assent to that law wheneverpresented to him. After running the gauntlet of various committees and parliamentary motions as obstructions, until the previous question was sustained and the House had to vote on the question, shall this, bill now pass, the Whig .members stampeded, and the -only one who remained to vote was Charles J. Jenkins. Upon a call of the House the only Whig member who answered to his name was Charles J. Jenkins. This was the 13th of February. The session was.nearly to its close, and as a result from leaves of ab.sence and other causes, the Democrats found themselves without a quorum. Tfbe House met daily .at the usual hour, both morning and afternoon, with yet no quorum, until the 18th, when the speaker, John ~W. Andersen, of Chatham, deeming the situation -of sufficient gravity to give the governor official information thereof, addressed to him, having his official signature, the following commu nication :
'"His Excellency, Geo. W. Towns: "Sir: I have delayed communicating to you officially

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the disorganized state of the House of Representatives, hoping from day to day that the high duty and obligation due the State-would induce at least a portion, of those -who have deserted their trust to return and proceed to busi ness. Such, however, has mot been the case. On Wednes day morning the whole Whig party, with the exception of Charles J. Jenkins, withdrew from the House, and have continued since to absent themselves, thus leaving the House without a quorum to transact business. I have sent messengers several times to warn and summon the absentees to return to the House. The orders they have altogether disregarded. Some of the most important bills for the interest of the State are yet unacted on, amongst which axe the appropriation and the tax, and if this latter is not perfected Georgia must be discredited and disgraced. In this exigency I call upon your Excellency for advice and Cooperation."
The address of the speaker to the governor discloses that the legislature was now in a disrupted, even revolutionary condition, which threatened the honor and stability of the State. This condition of affairs continued until the after noon of February 20th, for eight days. In the meantime the Democrats had summoned their absent and sick, but having only a majority of fow, it was impossible to pro cure a quorum without further aid from the Whigs.
At this critical moment the Hon. James A. o^isbet, of Bibb (a brother of the judge), returned to the capitol and resumed his seat. With his presence there was a quorum. The stampeding members returned to their seats, the bill was passed, and both sides seemed gratified. Mr. Msbet had solved the difficulty by sacrificing party to country. An appeal had been made to him to return by his party friends from different portions of the State, to which- he

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patriotically and unselfishly yielded. This triumph of the Democrats, obtained by so much perseverance and through so much tribulation and danger to the State, bore no fruit. The districts might as Well have -remained as they were. The close of that year brought a reorganization of parties upon the compromise measures of 1850, which, broke entirely the Georgia democratic slate. The next year, 1851, found the Democrats divided among themeselves, and Howell Oobb, Democrat, defeated Charles J. McDonald, Democrat, for governor, by a majority of nearly twenty thousand.
In the foregoing narrative we must not lose sight of the then Mister, afterwards Governor Jenkine. It was the Custom for the Democrats to sit on one side of the middle and dividing aisle and the Whigs on the other. With a difference of only four, the one appeared as numerous as the other, and each nearly fiBed their respective spaces. It was a sublime sight rfco see Governor Jenkinss form, tShfe only break to the vacancy, and his voice in answer to his name upon the calls the only break to the silence on that side of the house. I would Occasionally look in to see for myself the condition of the House and what progress had been made. As I would see him alone and hear his soli tary voice my feelings were those of mingled admiration and sympathy. Admiration for the man who in those hot and bitter party tiimies bald the courage, "solitary and alone," to sever himself from his party in obedience to principle and sympathy, for I knew the agony he was en during in thus "condemning his friends in the presence of their enemies, while there were perhaps few of either capa ble of appreciating his noble and patriotic conduct. If history either before or since, has ever "repeated itself" in this particular I lam not informed. And yet such might have been expected of a man who, seven years before, had

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refused to explain or apologize for Ms vote in the legisla

ture to retain his seat therein and the confidence of his*

beloved constituenfe. Had the prize "been the governors

seat, or the presidency, or a crown, or millions of treasure,

Ms conduct would have been the same. Mr. Jenkins had

not then quite reached the meridian of life, or the full

maturity of his faculties. A little more than a month

before he had reached Ms forty-fifth year, and yet he had

been in public life, more or less, for more than twenty

years. At this time he was walking in the shadow of a

great grief, indeed, overwhelming sorrow, bavins; consisted

O

O

/

/

O

7

O

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to the earth Ms only son in 1843. He had then remain

ing his wife and two daughters. These died -within a week

of each -other, in 1848. And as if to make his cup full of

bitterness his -wife died within a year afterward. The crepe

upon his hat and arm were suggestive emblems of his afflic

tion; and tlhe ordeals through which, he had passed and

was passing were disc-ernalble in his benevolent features.

In all my hearing and reading of Mr. Je-nkins I had never

melt him. When I did at the session referred to I was-

astonished to find he was lame. TMs was never men

tioned, and mow I will venture to assert it will be news

to thousands of Georgians. It was never spoken of in

former times. It is seldom, if ever, spoken of now, and

yet tis true. As sometimes a foreign accent gives a

charm to the voice, so -does lameness make more attractive

some persons. This was the ease witib Governor Jenkins.

I know of an aged lady now in life, and in the nine-ty-

fourth year of her age. Some fifteen years ago sihe said:

"I saw Gov. Jenkins often when he was a child of tender

years. He would attend Ms parents to church at Beau-

font District, South Carolina. "I was a -little incredu

lous, but when I knew she -could not have seen him

since his parents moved to Georgia, and described him as

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279

a lame little boy, I was sure she had. , I have given some of these particulars that the reader may the better under stand the picture which I now present to their minds of the reality as it appeared to me that week in February, 1850. It made a vivid and permanent impression on me. It has often appeared and reappeared to me since, and I feel it a duty to convey to others the impressions I have, although I may fail in the attempt. All I have said, whether near or remote, has been with that view, and not in any manner to sketch Gov. Jenkins, or his life. That has been and will be done by one more competent. But I will venture to add this (as to his general characteristics. While he may have been excelled in some particular qual ity by others of his contemporaries, yet there was an even ness in his moral and intellectual faculties; a soundness of the head and gentleness of tihe -heart; a nice balance in his mind and temper; a merit tliat no other had to the same perfection. His feelings were completely in subjection to his intellect. He might be often indignant, but seldom if ever angry. He was addicted to what was very rare in a politician, to the "soft answer which turneth away wrath." He certainly had the least to regret or retract of any public speaker. He would not wound his adver sary, if possible to avoid, even in defence and under prov ocation. It is almost a conceded maxim that a useful or effective man must have enemies. Gov. Jenkinss char acter and career is a refutation of it. His conspicuous moral development was sustained and perfected by the religious element of his nature. He was a consistent Chris tian in principle and practice. He felt it his duty to give to his fellow men tihe benefit of his example, and to God and the church the loyalty due to both. And thus he was the fortunate possessor of all the qualities necessary to make the perfect man, if such there can be.

In contemplating the career and character of Herschel "V. Johnson, the mind immediately and involuntarily asso ciates with him three other distinguished, native Georgians. From the oldest to- the youngest, there is only the short, even infantile period of four years, and two of them drew their first breath in the same year. All of them, either wholly or partially, and together as to two, and nearly so asto the others, received their collegiate course in their beloved State at her oldest and most cherished seat of learning. All of them chose law for their avocation. all engaged in State and National politics all became famous and all began their careens at an early age, and within a shorter time than separated them at birth. All acquired distinction with the same, or almost the same rapidity, and soon became the "foremost men" of all the State, Their names and fame likewise filled the Nation a Nation that reveled in the grand intellects of Clay, Calhoun and. Webster. Four such men at the same period was a dis tinction enjoyed among the States of the Union alone by Georgia. The reader need not be told that the three who thus kept pace with Herschel Johnson were Robert Toombs, Alexander Stephens, and Howell Cdbb. No men since William H. Orawforol, George M. Troup, John Clark, and John ForsVtlh have had so much influence over the people of the State. As all were contemporaneously successful, I would that the parallel yet remained; but alas! the young est Howell Oobb, and only he is numbered with the noble dead. His was the large brain, acting responsive to

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281

the yet larger heart that made lira "the beloved "younger "brotlier" of this quartette. In 1842, at twenty-eight, he was elected to Congress on the last general ticket presented for the suffrages of the people of Georgia. Then, myself a boy of sixteen, anxious to learn the -history of my native State and her prominent citizens, I well remember the prediction made of him to me by Matthew Hall McAllister, -while in the zenith of Ms career, and at "whose feet I sat," anxious to be taught. He said of the nine (and "he knew them all), he is the youngest and the ablest, and would soon become a leader in Congress.
The four had but well entered on their career when par ties in Georgia underwent a reorganization, arid the people became divided into the Whig and Democratic parties. It wais strange, and perhaps fortunate, that Cobb and John son espoused the, Democratic,. and Toombs and Stephens the Whig party; and thus the four for a long time in the future were politically equally divided, and battled against eiach other.
In giving these gentlemen such, prominent position I lave not forgotten that both parties had other very able men, but they were very much older. I certainly would not overlook (who could?) Walter T. Colquitt, whose great and diversified talent culminated in genius. So varied .and full were his intellectual gifts that if lie had devoted himself to the ministry he would have rivaled Spurgeon; tad he chosen the slfcage no such comedian would have ap peared since Garrick. As it was, in ibis role of lawyer and advocate, he was as able as Erskine; and as a statesman he was as eloquent as Chatham.
Neither could I forget Berrien, with his clear and bril liant intellect; his stately person and manner; his perfect rhetoric and Ms splendid elocution; all creating the pleas-

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MEMORIAL.

ant illusion that Cicero had been bom again, and to Geor gia was given the honor.
And though much younger, yet Berrien had his rival in law and politics at the Savannah bar Matthew Hall McAllister. The native powers of his mind were strong and versatile, and a more perfect and imposing specimen of physical manhood was rarely to be found. His talents were of such high order as to give Mm just claims to genius. He was appointed United States circuit judge for Califor nia and Orgeon, and had he lived would have been on the Supreme bench, but death soon stilled his great heart forever.
Among the celebrities of that time was also Charles J. Jenkins, whom it is now superfluous to praise; and others who were still older than Governor Johnson and his con temporaries referred to; and yet others who, whether older or younger, and however gifted, were not representative men not tribunes of the people.
The Hon. B. H. Hill, who is so justly distinguished for intellect and. oratory, and fills such a large space in the public rnind, never .began his political career until 1855, and is more than a decade the junior of the eminent four.
But while I have felt constrained to pass rapidly in review all that I have -named, it is of Herschel Johnson I am specially to speak.
His native county is Burke a county that attained a population and great wealth. His natal day is the eight eenth of Sept-ember, 1812. It is an honor to Governor Johnson to have the old and historic county of Burke for his birthplace, and a greater honor to Burke to have so dis tinguished a son. His father was MoSes Johnson, a Burke county planter of most sterling worth, and Burke was honored bv many such citizens. Governor Johnson grad-

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283

nated at Franklin college in August, 1834, and in a montlt thereafter was admitted to the bar at OoliunMa superior court. He at once "began practice in Augusta, Georgia, and there remained until 1839. On the nineteenth of De cember, 1833, he was married to Mrs. Walker, the daughter of Hon. William Polk, of Maryland. In the fall of 1839 he removed to Jefferson county, Georgia, and there re mained until the early part of the year 1844, when he re moved his family residence to Midway, near Milledgeville, for the purpose of educating his children, still retaining his plantation arid planting interest in the county of Jeffer son. That was the year of a presidential campaign. Party spirit ran high, and Governor Johnson was drawn fully into politics, having been placed OIL the Polk and Dallas, electoral ticket. Immediately lie was spoken of in con nection with the office of governor. His friends desired to present bis name for nomination, at the State Democratic convention of 1845, but he declined to gratify them. Then Hall McAllister was the Democratic nominee, but was de feated by the then incumbent, George W. Crawford. At the next gubernatorial convention, in 1847, Governor Johnson allowed his friends to use his name, but after a hard contest and a close ballot. George W. Towns received the nomination. Governor Johnson would have been nom inated but for the fact that Southwestern Georgia a grow ing and populous section of the State, casting a large Dem ocratic majority, claimed the nominee, and presenting one of the most gifted and popular men of the State, he re ceived the nomination. But this happened well. Towns, was a noble, generous man, and soon, in his administration, he had the opportunity of recognizing Governor Johnsons eminent talents and services. Hon. Walter T. Golquitt in 1848 resigned his seat a;s United States Senator from:

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Georgia, and Governor Towns at once conferred that dis tinguished position on Governor Johnson. He took his seat on the fourteenth of February, 1848, and held it until the expiration of the term.
"While a member of the Senate he was a delegate to the Democratic National convention that nominated Oasis and Butler in 1848. Also,, while a member of the Senate, he made several able and elaborate speeches on the question of the times, which at once placed him in the front rank of the debaters of that august body. Olay; Calhoun and "Web ster were then members, and just next to them were a num ber of the greatest minds of the Nation like Cass of Mich igan, artd Clayton of Delaware.
In November, 1849, Governor Johnson was elected judge of the Ocmulgee circuit, and thus succeeded to a position that had been adorned by such men as Peter Early and L. Q. C. Lamar. The compromise measures of 1850 were not satisfactory to the great body of the Democrats of the State, and the schism this made led to a temporary disorganization of parties, and to the calling of a State convention in 1850. That convention by a large majority acquiesced in the compromise, but without yielding the principle of State rights. The differences upon submission to these measures continued during the year 1851, when the .action of the convention was istibmitted to the people of the State in the shape of Howell Gobb for governor, on the plat form of the convention, and Charles J. McDonald against it. The contest resulted in the lection of the former. Gov. Johnson belonged and did able service in the ranks of the party that opposed the convention and supported Gov. McDonald, but on the principle often proclaimed by him by speech and writing, "for the preservation, not the de struction of the Union." The next year, 1852, was a pres-

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idential election, and Governor Johnsons wing of the party, acting under his advice, gave up their temporary organization, united with the National Democracy by sending delegates to the convention, and by putting out an electoral ticket in support of the nominees, Pierce and King. This ticket, despite the strong and bitter opposi tion to it, through a regular Whig ticket and a,n irregular Democratic ticket, was elected, and at the head, as one of the electors for the State at large, was Herschel Y. John son. In June, 1853, Governor Johnson received the Dem ocratic nomination for governor. His opponent was Charles J. Jenkins. They stumped the State together, and after a hard and close contest, during which their old friendly re lations were preserved, Governor Johnson was elected by 510 majority. Perhaps in no gubernatorial contest Geor gia had ever had were the opposing candidates so equal in all the elements of true nianhood. Socially, morally and intellectually, either was the peer of the other, and of any man in the State or out of it. It was the greatest triumph of Governor Johnsons life to defeat so good a man as Charles J. Jenkins, but a triumph nevertheless saddened by the deep regret on Governor Johnsons part that the issues of life should bring him in conflict with Charles J. Jenkins.
In 1855 Governor Johnson was again the Democratic nominee. By this time the old Whig party, from various causes, had become disintegrated, and instead thereof there was set up the native American party, commonly called "Know Nothing." This party has swept everything before it in almost the entire North and West. It seemed that it would carry its triumphs into every State, until the hopes of its opponents were revived by the check it re ceived by the election of Governor Wise in the State of

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Virginia, It remained to be seen if it should capture Georgia, the next most important Southern State. This placed a great responsibility on Governor Johnson. If the battle -was lost in 1855, tfhe probability was it would be lost in the presidential campaign of the next year, and that was a stake the South., in her then condition, could not afford to lose. Governor Johnson met this responsibility ably, faithfully and energetically, as was his habit, and it resulted in the defeat of his strongest opponent, Judge Andrews. There was also a third candidate in the person of Hon. B. H. Overby, as tihe candidate of the temporary party. With the aid of prejudices against foreigners, and the bias for temperance, the enemies of Democracy hoped .and worked hard for its overthrow. For the first time in their political career, Toombs, Stephens, Cobb and John son battled side by side under the Democratic standard. I cannot with more brevity and perspicuity give the reason for this than by quoting the words of Judge jSTesbit, .another old Whig, written the next year, when he said, "The Democratic party was the only refuge that the perils of the times had left for honest men," a sentiment now .almost unanimous in the South, and must largely prevail -in the North during the next presidential campaign.
The most distinguished features of Governor Johnsons -administration were the maintenance and elevation of the States credit; to perfect our new railway system already begun, and !to reach new and hidden sources of wealth; -to make the Western (and Atlantic Railroad a source of rev enue to the State; to foster public education; to sustain -and perfect the institutions for the insane, deaf and dumb, and blind; to reform the imperfections of our militia sys tem and imbue the people with a military spirit; to hold -She banks to a strict aocountaibility, without embarrassing

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them, on the idea that a sound currency was necessary to a sound credit; to curb special,, private and local legisla tion, as dangerous in policy and wrong in principle; to discontinue rings formed to control legislation and to ac complish jobs by lobbying and bribing; to place the par doning power on its true basis, and to maintain the rights, dignity and equality of the State. His was a successful .administration, of our State government, and was the cul minating point of stability and brilliancy in our States history, counting from our first organization until we were called to contend with the war.
In November, 1857, Governor Johnson retired from the executive office and to private life. While governor in 1856 he received a flattering vote in the Democratic IsTotional convention for vice-president, but John C. Brecldnridge received the nomination.
During the interval from 1857 to 1860 Governor John.son lived in retirement at his plantation home in Jefferson county. In 1860 the disturbing elements thathad been at work resulted in the division and disorganization of the National Democratic party. It resulted in the nomina tion of two Democratic tickets. The one supported by the main body of Southern Democrats was John 0. Breckinridge for president, and James A. Lane for vice-presi dent; the other was Stephen A. Douglass for president, .and Herschel V. Johnson for vice-president. I shall recur to this hereafter. The result was the election of Abraham Lincoln, a sectional president from the northern division of the Union, .and as a consequence, the secession of eleven Southern States, the organization of the Southern Con federacy, and a war between the sections of gigantic pro
portions. When the convention of Georgia was assembled to decide

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what action her people should take, Governor Johnson was returned as one of the delegates from the county of Jeffer son. I shall also hereafter allude to Governor Johnsons participation in this convention. In 1862 Dr. John "W. Lewis, "who "Was one of the Confederate Senators from Georgia, acting under the appointment of Governor Brown, resigned, and Governor Johnson was elected unsolicited to fill the vacancy. In December, 1863, Governor John son was again elected by the legislature to the Confederate Senate, and remained a member of that body until the sur render of General Lee. Governor Johnson -was elected to the State convention of 1865, called into existence by the proclamation of Andrew Johnson, then the president of the United States, and was chosen as the president of that body. After the reorganization of the State upton the plan of President Andy Johnson, Governor Johnson was elected in 1866 to the United States Senate, until the fourth of March, 186T, and. again at the legislative ses sion of 1867 was elected for the succeeding full term of six years. Because of the action of the United States Congress in repudiating President Johnsons organization of the seceded States, Governor Johnson never took his seat under these elections. During all these times, and until the ses sion of the legislature in 1812-T3, Governor Johnson held no official position, remaining a -citizen of Jefferson county. At that session he was appointed and confirmed judge of the superior courts of the middle circuit for eight years, which position he now holds and adorns.
I believe I have referred to all the positions, official and semi-official, which Governor Johnson has held. As the reader will perceive, they are many and varied. His life has been an eventful one, and to make proper record of it would require a book instead of a few columns in a news-

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paper. I can call to mind other distinguished citizens who have been longer in. office or official positions, but none who have held so many different places of public trust, and yet have been nearly all the time in the public service. The prescribed limits ;for this sketch will not admit of elabora tion, and yet the right idea of Governor Johnsons official life cannot be given without it. Brief reference and con trasted summary must suffice. There are points in Gov ernor Jdhnsons career that must receive special (notice, or justice will not be done him.
The first is the difference with a large majority of his personal and political friends in 1860, and accepting a nom ination for vice-president on the ticket with Stephen A. Douglass. Whatever may have been thought of Governor Johnson at this time, and for years subsequently, it is now patent that he was right, and that his course was orwing to his superior political sagacity, prompted from the- stand point of true patriotism. He was a dear lover of his coun try, and of the Union as the only true means of preserving it. The procesis of dissolution had for -many years been going on rapidly. All the protestant churches save one had been sectionally divided, and the jSTational Whig organ ization had been entirely destroyed. All was the result of the anti-slavery agitation. From the ashes of the Whig party had sprung a sectional party, organized to wrong and oppress the South, that, but for the vote of a single State and that State was saved by less than a thousand votes would have elected their president in 1856. The proba bility is that if the Democratic nominee had not been a cit izen of Pennsylvania that State would not have been se cured, and the sectional candidate would have then been, elected. Against all these potent elements of destruction there remained but one brake it was the Unions last hope;
19

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that was the National Democratic-party. Mr. Calhoun in his speech in the Senate of the United States on the slavery question, delivered March. 4th, 1850, had defined and pre dicted this very state of things. In substance, he said that the ecclesiastical and political organizations of the Union were the "cords" that held it together; that these had been snapped onfe by one, and if the process continued until the two great political organizations then existing were divided, the dissolution of the Union would follow7. In only two years more the National Whig party went to pieces, a wreck on the anti-slavery rook. In 1856 the Democratic party had so suffered in numbers from the anti-slavery excitement, that it was saved from defeat by less than a thousand votes in the second State in the Union. In this condition the presidential campaign of 1860 presented itself, with Stephen A. Douglass as the only man who stood any chance of concentrating on himself the Northern Democrats, Governor Johnson saw and realized the situ ation. He ignored what seemed to him minor issues of principles and policy, and advocated the nomination of Douglass as a measure of relief, instead of the selection of a man. I do not now discuss the issues of the times, and pro nounce who was right on the principles involved. As a Democrat, I differed with Governor Johnson, as did most of his personal and political admirers; but regarding his action now, in the light of subsequent history, I am conpelled to admit his was the better policy. I also believe if the Democratic organization had been a unit on Dougkss he would have been defeated; that it was already written in the book of fate that the BadicabAboTition party was bound to succeed in the presidential campaign of 1860. Yet this -belief does not change the wisdom of Governor Johnsons course. If Douglass had been elected, as

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Buchanan had been, by a most meager majority, and we could not nope for more, it would only have postponed the crisis four years longer. TOie ]STort!h:ecni people., Who had _t)he numerical power, and had welded it with the solder of the anti-slavery sentiment, were determined that as soon as possible African slavery should cease to exist in the United States. The issue would have soon been upon us, backed by a majority of States sufficient to change the Constitution, to accept emancipation with governmen tal compensation, or resist unto arms the decrees of the government. If there was ever a point of time, then or since, when the Southern people would not fight for their negroes, I cannot discern it. Yet we did not try the effect of a concentration on Douglass as a means of preserving the only true conservative party then existing for the pre vention of disunion, and we seceded while there was a Democratic majority in the United States Senate. As a matter of pure judgment, such policy, pronouncing from the standpoint of a historian, was unwise; but hope was gone, the issue of forced emancipation by a violation of or a fraud upon the Constitution was imminent, and prior and subsequent events establish that the only remedy was forci ble resistance.
The other point in Governor Johnsons career, of which special notice should be taken, was his vote and action in the convention of January, 1861, against secession. Gov ernor Johnsons honest, strong conviction was that for exist ing causes secession was unwise, unnecessary arid destructive. Here, as on all occasions, :he responded to this conviction by able and earnest efforts to defeat secession. He pre pared an able and elaborate report and resolutions against separate State action for present grievances. It was the only regular counter proposition presented, and made the

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issue clear and complete. He supported Ms policy with "his usual candor, force and ability. But a majority had resolved, and it was voted down., Finding the destiny of liis State fixed for secession, lie yielded acquiescence as a cit izen thereof in conformity with his long-established and cherished opinion of the rights of the States under the Federal compact. As I witnessed Governor Johnsons action in the Convention, I likewise witnessed his conduct in the privacy of his room. His heart was heavy and his face was sad. He then foresaw, as well as human vision could, that which was to transpire all the calamities that have befallen us as a people. In the future, whether in private or public station, he directed all his efforts to miti gate the horrors of that horrible war. Judged by the re sult, and having regard to the conscientiousness of Ms mo tives, Governor Johnson again gave exhibition of his supe rior political sagacity in opposing secession.
The first political campaign that brought forth Governor Johnsons powers as a thinker and speaker was that of 1840. It was the most exciting one this nation Iras ever expe rienced. Those who have only knowledge of our presi dential campaigns since 1848 can have no adequate idea of that. There is no space to describe it. Suffice it to say that party rancor was at its highest pitch, and the people, including women and children, were wild with excite ment. Governor Johnson was then but twenty-eight years of age. His form was large and bulky, his face was smooth and beardless, and his entire make-up gave you theimpression that he was only an overgrown boy. Expect ing not much when he arose, and from his evident trepida tion having this expectation yet more modified, you were soon to enjoy the surprise of listening to one of the most powerful orators in the State or the Union. His bulky

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form gave yet more force to his sledge-hammer blows. His -oratory, although powerful, was without seeming de sign or knowledge of it on the part of the speaker. His words escaped without the labor of utterance. His style was animated, but the animation of the speaker, like the effect of his telling oratory, was unconscious. He simply discharged his duty to the best of his ability, and left the effect to take care of itself. This campaign gave him a State reputation.
In the next presidential campaign, four years later, Gov ernor Johnson found himself located -at Milledgeville, his name on the electoral ticket, and in Alexander Stephenss district. It was a Whig district by an overwhelming and unreducible majority. "Little Aleck" was master of the situation and the pet of the district. It was Governor Johnsons duty and fate, from his locality and position, to confront Mr. Stephens on the stump. Pie (Mr. Stephens) Lad hitherto had comparatively an easy time of it, but now that he had to meet Johnson, all the powers of his mind were hrought into requisition. He knew Johnson well. Classmates in college and close friends, he had met him in the society debates and other elocutionary exercises. He knew his native powers and the spring from which he Lad imbibed his learning. He knew that he had "to meet a foenran worthy of his steel." Stephenss friends were con cerned as to the conflict, and Johnsons were elated that "Little Aleck" was at last to "find his match." Prom Johnsons success in 1840 his political friends had named him the "Coon Killer," that is, Whig killer, and they pro posed to make "Little Aleck" one of Johnsons victims. The debates began. It was soon discovered that if Ste phens used a Damascus blade, Johnson wielded a battle-ax with the strength of a giant. If he chose to charge it was

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with, the force of a battering-ram; if to defend, "the rocks would fly from, their firm base as soon as he." Just tfhirtytwo summers each had seen; both were born in the same year; both had graduated at the same college; they were friends in boyhood and members of tihe same church. They were under circumstances tlhe State champions in that con flict for their respective parties. All eyes in the State were turned to this battle-ground. The Democrats, de spairing of defeating "Little Aleck" at the polls, hoped for a compensation in his overthrow !by Johnson in debate. The "Whigs, knowing tiheir champions election was certain, were only concerned, that he Should sustain himself as heretofore in debate, and- had every confidence he would. When Stephens would get the advantage at one meeting, Johnson would set it off at the next. At various times the- fight was pronounced %, draw." If Stephenss hits were keen and withering, Johnsons were heavy and crush ing. If Stephens exceeded Johnson in the certainty and precision of his weapons, Johnson exceeded Stephens in the weight of the metal in his. One of Stephenss arts in debate was to surprise Johnson by an entirely new speech on a new line when he had to lead off in debate. This would disconcert Johnson, and then "Little Aleck," having the reply, would be sure to get the grin and the "hollow" on Johnson; but whenever the debates were narrowed down to the merits no man could excel Johnson in the expound ing of propositions lie had studied; and being, as I think, on the right side of the questions, the victory was his. But when you come to tactics in debate, or any other sort of controversy, if there is any man can excel Aleck Stephens I have not seen or read of him. ISTot John Randolph, on the hustings in old Virginia, "when in the pride and prime of his thrilling oratory," could do it.

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Of course such a debate by such men, with a crowd at the back of each, in a time of intense political excitement, was obliged to lead to personal difference. There was for a time an estrangement between these friends, but that has long since passed away, and they are now closer and better friends, if possible, than ever. Both are in the last decade of the "three score and. ten" allotted to man, and can now look back >to their old conflicts, in view of the vanity of life and the life beyond, as tihe mere "follies of youth."
In the presidential campaign of 1848 Governor John son Continued his labors before the people for the success of the Democratic nominees. During that year, at Forsyth, Georgia, a grand discussion Was had with Johnson and Colquitit on one side, and Toombs and Stephens on the other. It was a contest of giants. So well was each side maintained it was not followed by the usual exultation of political friends.
I realize ^tlhat in thus exalting the oratory of Governor Johnson and other noted Georgians I may be considered ex travagant; but excellence in oratory was characteristic of the whole South, and Georgia has had more than her share. John Quincy Adams on one occasion in Congress, from the very depths of his regrets, inquired: "By what fatality does it happen that almost all the eloquence and oratory in this body are on the slavery side?
Governor Johnson has succeeded as well -as a judge as in any other sphere he has filled. His mind is eminently judicial, and his administrative capacity is fully up to his mental standard. He therefore prefers the quiet of the bench to the wrangles of the bar. He is just as strong a writer as he is an orator. Pie was specially employed by the party to edit the Federal Union during the guberna torial contest of 1845, and his editorials were admired by

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friend and foe as models of that kind of "writing. His style is taken from the English classics of the days of Addison, and hence is distinguished for its combination of force and elegance. What is unusual with most men of his pro fession, he writes a -beautiful hand, and all his manuscripts axe without interlineations or erasures. He is social in Ms nature and "given to hospitality." While governor he and his excellent lady entertained with a liberality and an elegance unsurpassed at the governors mansiion. His lead ing traits of character are initegrity, firmness, -candor, a strong religious sentiment, and a courage that will dare do whatever conscience dictates. In illustration of tihe latter quality, in early life he set Ms face against dueling, and no provocation or temptation could shake him in his pur pose. He is, in short, one of those grand men who illus trates the past civilization of the South. His is a type of manhood peculiar to the South, and the apprehension is that when he and kindred spirits shall have passed away there will be none as good to take their places.
A sketch of Governor Johnson, however long or short, would lack completeness if there was not reference to the elegant lady who has been (the sharer of his joys and Ms sorrows. Of the former they have had their full share, and of the latter enough in the death of talented sons and lovely daughters. Governor Johnson has experienced the felicity of having his wife devoted to the gratification of his laudable ambition to make for himself a name and to live a life of public usefulness. She is possessed of a supe rior mind, and it has received the highest culture. She graced tihe executive mansion and the plantation home with the same simple elegance each requires. She is at onoe an ornament to refined society and the useful head of her domestic household. She has been to her husband an

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indispensable friend and counsellor, never failing to cheer and encOurage -him out of Ms natural proneness "to look at 1ihe dark side." She is one of the celebrated and numerous Southern family of Polk, which embraces among its mem bers >a presidenlt of the United States and a bishop who drew his sword land fell in the cause of the South. Her father was a most distinguished citizen of Maryland, hav ing been for twenty years a justice of the supreme court of that State. Great talents and sterling integrity are the family characteristics.
It is haippy for the country that Governor Johnson is enabled to continue his usefulness in the office of judge of the suipreme court. It is an office not beneath the dignity of the most exalted, and it is to be hoped that his health and strength will enable him to discharge his duties as long as he desires, imless called by his fellow citizens, as he deserves to be, to some higher sphere of distinction and use fulness. This may be so, for Governor Johnsons popu larity Was always an unsought one. The people appre ciated and called for him.

(Ben. ^bomas pincfene^ Smitb,
I do not know if Gen. Thomas Pinckney Smith claimed the title of general, but he certainly was lawfully entitled to it, Away back in the forties when yet a young man, he was elected brigadier-general of the Second Brigade, thirteenth division Georgia Militia. The brigade consisted of -all the arm-bearing citizens of the then counties of Baker, Thomas, and, I think, Decatur. He succeded General Thomas E. Blackshear, who resigned and moved to the far west. The real generals of the late war have superseded the militia generals of the ante-bellum peace establishment, but there are yet lingering among us a few who trace militia title to that era. The general was elected "when he yet had aspirations to distinguish himself among Ms fellow citizens by success in law and politics, but alas, affliction soon laid its Weighty hand upon him, and lie had to aban don his profession, and every other pursuit for which he was fitted. The condition of his eyesight became such that he could not read or write sufficiently to pursue any vo cation which required nruch of either. As might be in ferred, the cause which produced this affected his whole system and rendered him. in fact an invalid. An incident of his affection was peculiar so peculiar that I never knew or heard of any one similarly afflicted. He could not bear any illiiminaition. The brilliant electric, the gas, the lamp or the "tallow dip" were alike to him, and he had to retire to complelte darkness. But the brightest sunlight he could stand by shading .his eyes with colored spectacles, which he never used however until the latter vears of his

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life. I first knew fen in the spring of 1844, when he re sided at Albany, Ga., tihen in the grand old county of Baker. That was his home when he was elected general. During his residence there he was prominent as a lawyer, but was not adapted much to politics. He was too inde pendent in his demeanor, and too candid and caustic in, his speech for a politician. He moved from Albany to Macon. Soon his physical infirmity allizded to became so great -as to force his retirement from practice.- He was a native of the county of Laurens and reared there when Laurens -was one of the finest counties in the State. He studied law at Milledgeville, and I think under William H. Torrence. This put the general in contest with the then very able local bar, and gave him knowledge of distinguished men in the various parts of the State. He personally knew Samuel Roekwell, William H. Torrence. William T. Hansell, Judge L. Q. C. Lamar, Judge John O. Polbill, Joel Crawford, Seaborn Jones, John H. Howard, and many other distinguished lawyers whose names I cannot just now recall. His memory of men and events dated as far back as the beginning of the political contest between Clark and Troup, and being a bright and appreciative youth, there grew up a friendship between him and Governor Troup whidh continued until the death of the governor. Valdosta, the governors plantation home in Laurens, was the political Mecca to which many Georgians made their annual or semi-annual pilgrimages to have their faith, renewed and strengthened by that eminent Georgian, and among the most faithful was General Smith. And such would come from distant States to visit him. The first time the writer saw the governor was in the summer of 1849, when he was in the company of Miraibeau B. Lamar, of Texas, who !liad come from that State to visit his political father.

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As long as General Smiths eyesight lasted him lie was both a student and a reader. His information, derived from books as well as men, was extensive and interesting. He had a distinctiveness of enunciation, a fluency of speech and a fund of information that rendered him one of the most entertaining of talkers. lie was not more widely and better known, because of his affliction. His knowledge of old Georgians, of family history, of interesting topics that it may do to talk of but not to publish, was greater than that of any one in my knowledge. He knew incidents in the lives of British and American celebrities that could be found nowhere except in the rare old books of the Astor library, or had been related to him by some old antiqua rian long since sleeping the eternal sleep under the daisies. Many young men and young women noticing this quaint old gentleman upon some street of our Georgia cities, and not knowing who he was, Would be surprised beyond de scription to learn that he knew more of their ancestors than they did. He could perhaps tell each and all the maiden names of their grandmothers, and perhaps of their great-grandmothers what they did not know themselves, nor could know in any other Way. The death of General Smith makes the third in the coivrse of a few years of the best informed upon modern Georgia history and Georgia people. The others are William H. Sparks and Cincinnatus Peeples. I had the pleasure of having several conversations with the latter during his last illness. He was more interesting than he ever had been, and I could not help reflecting upon the precious memories that must with him soon perish, never to be revived.

IRobett IRa^monb IReib.
Very few of the living have ever heard of Judge Keid? for he has fee en in his grave for more than forty years. While he richly deserves to live in the memory of men, like many other celebrities of preceding generations, he has been, except to a few, either forgoitten or never known. The appreciative reader who has never heard of him will be struck with a name so alliterative and melodious. It furnishes one of those few instances in life where the real name is as beautiful as any the prolific brain -of the novel ist dan produce. The coincidence does not stop here, for this euphonious name was linked with high gifts of person and mind, and a romantic as well as a useful life. The career of Judge Beid is another illustration of the old adage "that truth is stranger than fiction." He died at the age of fifty-one, and yet there was crowded into a comparatively short space of manhood life more events than pertain to any otiher civilian within my knowledge. These events, whether of a private or public nature, are important enough to record; and when taken altogether, read like romance. I shall only briefly refer to them, for the extracts from his private journal herewith published will give a better idea of his life and character than the best I could write. He will be best known and understood when he speaks for himself. He was a native of Prince Williams parish, South Carolina, and his birthday was the eighth day of September, 1789. He went to school at Beaufort, Savan nah and Augusta, and was graduated at the University of South Carolina. Before he had attained his twenty-first

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year lie was admitted to the bar and began to practice at Augusta, rGa. The rapidly recurring subsequent events will attest his success. In 1816, at the age of twentyseven, he -was elected judge of the middle circuit, which then embraced the County of Richmond. This was one of the three original circuits of the State.
The bench had been occupied by the best lawyers of the State. The term was then three years. Just before the expiration of Ms .term, in the laitter part of 1818, he was elected to the Congress -of the United States. Thus he lit erally stepped from the bench into Congress. In 1829 he was reelected to Congress. Just as his last congressional term expired, in 1821, he was replaced on the bench of the middle circuit, continuing there uritil the expiration of Ms term, in 1825. His retirement from the bench at that time Was due to his being a Troup man, for wMle the Troup men elected their governor, the Clark men carried the legislature. The Majority took care that opposition should be made to every circuit judge who was for Trorap, and their places supplied with Clark men. As a. Conse quence Judges Reid, Longstreet,. Clayton, Shorter and Thaddeus Goode Holt were retired.
I think this was the first instance in the history of the State where party politics entered into the election of judges. The precedent, with very few exceptions, has been followed ever since. Two years thereafter, in 1827, and before the expiration of the term of Judge "William Schley, the incumbent of the circuit bench, Judge Eeid was elected by the legislature judge of the city court of Augusta, and was reelected in 1829.
That court was then very little inferior in dignity to the superior, and its bench before -and since has been filed by men of equal worth and ability. For one or more terms

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lie was mayor of the city of Augusta, but here my record is silent.
While the occupant of the bench of the city court he, in 182.8, was elected one of the presidential electors of the State, and aided in casting tfhe vote of Georgia for General Jacfoion for his first term. In January, 1831, Judge Eeid had the misfortune to lose his second wife. By this calam ity it is said "his days of happiness were gone. His house was sad and a place of misery the presence of old Objects even old friends gave him pain, all reviving the mem ory of the past and his own desolation." To change the scene his friends applied to President Jackson, and on the 24tih of May, 1832, he was commissioned judge of the United States count for the eastern district of Florida.
He continued in that office uinltil 1839, when he was appointed by President Van Buren territorial governor of Florida. This necessitated has removal to Tallahassee, the seat of government. By tthe election of General Harrison to the presidency a change itook place in the politics of the Federal adminisitration, and in April, 1841, Judge Reid was superseded as governor of Florida. He then retired to his plantation home, called Blackwood, seven miles from Tallahlassee, and "tihere, as I Wave stated, died on the succeeding list of July, before he had attained his fiftysedond year. This chronology of Judge Eeids political and official life suggests a prodigious personal and political popularity. From the beginning of his career as a judge in 1816 to within a few moniths of his death, he was almost continuously in (high official position. Whenever his con stituency of city, county or State had the opportunity they put him in office. Out of a manhood life of thirty years he was twenty-seven years in office, and this leaves as a blank the five or six years from the time he became of

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age until he first became judge, during which he was likewise sent to the .State legislature. The personal worth and mag netism of such a man musit have been beyond description. During the time that Judge Reid Was thus in popular favor and held these dignified official positions, he was doomed to much sorrow in the sickness and death of wife and chil dren. He was three times married. He was first married to Miss Anna M. McLaws, of Augusta, Ga., in 18-11. She died in 1825. In 1829 he intoned Miss Elizabeth Vir ginia Randolph, of Columbia county, Ga., and she died on the 22-d of January, 1831. In 1837 he married Miss Mary Maltha Smith, of Oamden county, Ga., whb survived him, and is probably yet living. His first wife was the sister of James McLaws, of Augusta, and the aunt of Gen. Lafay ette McLaws. From his first marriage until his death is just thirty years, and yet he was a widower at .one time fouryears, and at another six years, reducing his whole married life to twenty years. There were five children of the first marriage, none of the second, -and oaie surviving of the last
a son ruamed Raymond Jenckes. The oldest daughter married her cousin, ;0harles Black, who removed to Florida and soon died. His widow married Oapt. James Graham,, of the United States asrmy, but died before her father.. Judge Reids son, James W. L., became midshipman in the United States navy, and was lost in a gale off CapeHorn, with every stoul on board. The daughter Rosalie died at the age of seventeen, and his daughter Florida Forsyth married Lieutenant F. L. Dancy. Both yet survive, and are residing on the St. Johns river. The son Robert Raymond is, I think, yet living, and at Palatka, Fla. I donot know if the other son, Raymond Jenckes, is living or not.
The Charles Black named was the brotfhar of Edward J..

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Black. They were orphan nephews of Judge Held, and were -reared by him. Edward J. was much like his unele in the brilliancy of his intellect, the polish of his manners, and his chivalric bearing. Judge Eeid lived to see his paternal, care and labor rewarded in fihe high stand Edward J. took at tihe bar, arid in has election !to Congress in 1838. He was gerrymandered out of Congress in 1844, and died in 1849. His life, though short, was full of interesting ( rents. Eor expertness in debate, and readiness and bril liancy of repartee, he had no superior, if indeed an equal, in Georgia. I cannot trust myself to write -of Mm. When I was a boy of twelve he Won my admiration, which in after life reached enthusiasm. Some day I may sketch him, but cannot hope to do him justice, so exalted is my opinion of him. George R. Black is his son.
After this episode, and as appropriate to Judge Keids marriages, and likewise illustrating his poetical tempera ment and nobility of soul, I will introduce a few lines from some verses he wrote at his last marriage, which he styled

Alas (that deatfh shtould ever set His seal on such precious clay,
Alas that thought of fond regret Should cloud my weddling day.
There are two graves in a distant land, And tears have watered them well;
Even wMle I clasp this lovely hand "Wihat tales -does memory tell.
Oh, I love the dead, the old man said, The more when. I look on thee,
For the flighted blossoms that long have fled Come hack and bloom for me.
These were not his only verses, for the poetic sentiment and idea are inseparable from one of his culture and emo-
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tions. Occasionally lie yielded to the impulse and wroteshort poems of merit. One called the "Sick Mans Dream" is peculiarly so.
The most touching incident in the life of Judge Beid, as deduced from his journal, is the pride that he showed in the promotion of his son James to command in the1 navy, and tine -anxiety manifested for his safety -while in danger,, and his grief at the realization of his tragic death.
There is a naval monument at Mount Auburn, to com memorate the officers who perished on the Wilkes explor ing expedition. A description of it at the time, in the lan guage of the Boston Mercantile Journal, will be worth re peating, aind is here copied:
"A new charm is added to this sacred resting-place for tde dead. A beautiful cenotaph of native iriarble has justbeen erected by the officers and scientific corps of the late exploring expedition to the memory of four of their prom ising young associates who lost their lives in the service of their country. This chivalry of feeling which embalms the memory of their brother officers is a noble trait in the character of brave men, and is touchingly displayed in the plain but beautiful and appropriate monument, on which, under ehaiplefe of exquisitely wrought flowers, each form ing the shape of an urn, is inscribed the following simple-
story : "On the first side To the memory of Lieut. Joseph A.
Underwood, Midshipman Henry, United Stkteis Navy. On the second side To the memory of Past Midshipmen James "W. A. Keid, Frederick A. Bacon, United States Navy. On the third side This cenotaph is erected by their associates, tine officers and scientific corps of theUnited States Exploring Expedition. On the fourth side Lieut, Underwood and Midshipman Henry fell by the-

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[hand of savages while promoting tlie-cause of science and

philanthropy at Mololo, one of the Fiji group of islands,

July 24, 1840. Past Midshipmen Read and Bacon were

lost at sea off Cape Horn, 1839. "

For mOst of the facts given I am indebted to the beauti

ful and interesting sketch of Judge. Reid by Stephen F.

Miller, in his "Bench and Bar of Georgia." I will let

that noble and kiiidjhearted gentleman tell the story of

Judge Reicls death, -and of two other members of his house

hold.

Miller says: "The reader will at once conclude that to

a heart so affectionate as that of Governor Reid, to a nature

of sudh exquisite sensibility, this bereavement (the loss of

his sou at sea) was indeed overwhelming. !No attempt

will be made to describe the anguish of a father on such an

occasion. He continued to discharge his official duties, and

those of a citizen, husband and fatfher, in his usual bland

and faithful manner. But the lasit scene is at hand, and

the earthly career of Robert Raymond Reid is soon to close.

"On the 28th day of June, 1841, he was seized with

fever at Blackwood, his residence, seven miles from Talla-

hassee. His daughter Rosalie was likewise ill under the-

same roof. Medical aid wras called in without effect, and

on the tfnird day Governor Reid with a tranquil spirit

yielded his soul to his maker. Without knoAving her or-

/

O

phanage, the gentle Rosalie, in her seventeenth year, fol

lowed her father to a better world the next day. On the

10th of July his granddaughter, Rebecca Black, a lovely

girl in her twelfth year, also passed away and rested in

the third fresh grave at Blackwoiod! It was indeed a house

of mourning.

The death of Governor Reid created a deep sensation in

the public mind. He was a man of exalted qualities." If

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history is of any value if it is pleasant, entertaining or profitable to read of persons and events of preceding gen erations, having a local as well as a general interest, then the people of Georgia owe Stephen F. filler -a debt of graltitude which they have not and I fear will never pay. When I realize how much he accomplished through so much bad health, and how poorly he has been paid, in either money or appreciation, my deep synrpaijhy for him begets indig nation for unappreciative Georgians. His sufferings are at an end, and his gentle spirit is in the "better land," He Was one of the few to whom a well feeling was a stranger, yet he was always striving and always the gentleman.

Mar IRecorb.
If a stranger, happening into the city of Batavia, State of JSTew York, were to take a stroll in the public cemetery, he might read upon a -beautiful but plain slab the name "Philemon Tracy," "with nothing additional but his age and the time of his death. It would mot excite his curiosity or any other emotion to note that the time was the 17th of September, 1862. Men have died, men may die as well on the 17th of September as any other day in the year; indeed, it is a month when death has his harvest, if the grim monster, who hais "all seasons" for his havoc, can be said to have a harvest-time truly he has no seed-time, unless birth and death are one.
If a Georgian were to take the same walk and find the same inscription he would be struck with amazement, per haps with horror. He would say to himself: "This can not be the last resting-place of the Phil Tracy I knew, for he was killed at Sharpsburg and buried on the battlefield. If Ms remains had ever been taken away they would have been carried to the lovely Hose Hill Cemetery, Macon, Geor gia, and would b beside tEbiose of his brother Ed, embosomed in itheir native soil." The Georgian would then surmise that tihe slab must mark the grave of another man of the same name. But then, there is that coincidence of date of death that 17th of September, 1862 Sharpsburgs bloody day; the significance of that cannot be reasoned away. But if the sleeper was slain at Sharpsburg, as we have it, or at Antietam, as the Federals have it, why not say so? Truly, death in batitle is the noblest of all deaths;

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and if this is not put on the soldiers tomb the dead is robbed by the living of Ms laurels. The Solution then becomes easy. Tracy is a northern name; the battle-date is only a coincidence. Here lies a man of the same name who died on the game day, but is a different man, and died the death of nature.
But, stranger or Georgian, whoever you may be, your conclusion is wrong. It is the grave of Phil Tracy, of Macon, Georgia, who was killed ait the battle of Sharpsburg ; and, reader, I will make the necessary explanation.
After the successful repulse of McGlellan, General Lee, with his wasted and wearied army, had to cross the Potbmac with all possible celerity. This left the enemy in pos session of the field and our dead, and the only access thereto for a long time was from the Federal side. Phi] Tracy had a kind uncle residing at Bafcavia, IsTew York, who, hear ing of his sad fate, dispatched a trusty messenger in search of his remains. That -messenger was successful in finding them, where they had been interred with other officercomrades. He knew Phil well, and the identification was free from any doubt from a mark which will be made to appear in the sequel. The whole country from there to Washington and Baltimore swarmed with Federal twerps. The animosity engendered by war was then in full frui tion, and it was not only certain that the body of a rebel would not ;be permitted by tlhe soldiers to be taken Worth, but the life of the messenger would be endangered. Every thing for transportation was prearranged with as much cau tion and secrecy as possible, and when the preparations were all made the body was passed through the lines as that of a Federal officer who had fallen in tie late bloody batitle. In this guise it was escorted to Batavia and so buried; not, however (notwithstanding the delicacy and difficulty

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of the task), without "Christian burial/ for the service of the English Church was performed over the remains. The monument, in the style described, was soon placed over the grave, and the inscription was thus meager because in the then state of the public mind there was imminent dan ger that the stone would be rased or defaced. It is not so now. The time has at last arrived when these interesting facts may be made public. S"o one will now desecrate the .grave of the dear and gallant dead; -and Phil will there rest -unmolested until "the archangels trumpet shall sound," unless his friends or relations should ohdose to bring his precious dust to mingle with his native soil.
This statement would fail of completeness unless some reference is made "to Phil Tracys career as a soldier, laeluding the circumstances ;of his death.
At the election of the officers of the Sixth (Col. A. H. Colquitts) Regiment Mr. Tracy was elected major. Hith erto he had paid no attention to military matters; physical infirmities had prevented. He was too lame to inarch, arid his vision too defective to sufficiently see. N~evertheless, when the strife came he claimed no exemption by reason of either or both, and came promptly to the front to undertake the duties of an able-bodied man. He applied himself diligently, and soon made himself a proficient officer. At the battle of "Seven Pines" or "Fair Oaks" he was twide wounded. The first was in the face, Stunning him; and before he recovered from this he was shot through the leg, between the knee and the hip, and fell. This was in May or Jurie, 1862. He was furloughed and came home to have his wounds healed. Before he got well the second battle of Manassas was fought and our army had marched into Maryland. Major Tracy chafed to return to his command, and such was Ms zeal and anxiety that he

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left while the wound in his leg was yet unhealed to return to his command. He went by way of Richmond, and tarried there for days perhaps. His friends, seeing his condition, and knowing that with his wounds he was physically dis qualified for a soldier, tried to persuade him to apply for and obtain a discharge, about which there was not at doubt. Buit tfhe same pride, courage and patriotism that caused him to enter the service would -not accept an honor able discharge, although bearing upon Ms person the scars of two wounds received in one battle. Forward to thefront was his word and action.
At nightfall, or a little (thereafter, on the night just before the battle, he, with several other officers and men, arrived -ait Harpers Ferry. It was miles to ;the line of battle. It Was night, and :the rivers tb cross; yet some time between midnight an!d day this wounded, lame, and almost blind Soutihemer reported himself for the terrible duty of next day fait General Oolquitits headquarters. He, with the general and other officers iot the Sixth Georgia, took before it was yet light his rough Confederate camp meal, and then went !to his death. The fight began ait early dawn MeClellans seventy thousand fresh and rested and well-fed troops against General Lees thirty-five thousand wearied and hungry. The battle soon -became general and sanguinary. The regiment and brigade to which Major Tracy belonged suffered with exitremje severity. All the field officers in command of the regiment were killed. These were Lieutenant-Colonel jSTewton, Major Tracy, anid the senior captain acting as major, Captain Plane, I believe; true it is, anyway, that Captain Plane was airiong the slain.. There Levi Smith and Mkrcelrus Douglass, bath colonels, received their death-wounds, and died upon the field. There were -other distinguished Georgians killed not now

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remembered; and in fact, in that battle the Georgia blood shed -was plentiful and conspicuous in the noble men from whose veins the life-streams poured like water. It was there- that General Lawton received his very painful, dis abling and permanently-affecting wound; and General Gordon his five, so deep and so dangerous that his recovery may stand eomipterison witlh miracles. All things con sidered," it was the hardest battle of the many hard ones of that fearful struggle. There the Confederates showed not only tfteir usual courage and daring in an unusual man ner, but a spirit of subordiniatibn and a power of endurance unequaled before or since. Confronted by more than double their number of well-appointed and well-equipped troops, they, worn and hungry, with the broad Potomac between them and their territory, saved the fortunes of the Confederacy, but saved, alas, only to be lost at Gettysburg and "Vicksbufg!
The best account we have of Major Tracys death is that about nine oclock a. m. he was shot through the thigh, sever ing the artery. Falling, a less wounded comrade hobbled to him and offered his assistance, but the major told him to save himself, it was all over with him. Purer or brighter spirit never winged its flight from the carnage of a battle field than when Phil Tracy drew his last breath. At that moment, my friend, you might have been in the midst of comfoxt and enjoyment at Macon or Richmond, and no one would have reproached you in deed, word or thoiight! If you only had not been so swift to arrive at Harpers Ferry, or had tarried there (as others did) till the coming dawn, your sweet life, your genial temper and your sur passing mental endowments would have been saved to fam ily, friends and country! But no! you chose to follow the lead of conscience and duty, to sacrifice your life with all

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its present charms and yet brighter future, that jour prin ciples might prevail and your country be saved from the heel of the conqueror. Looking to what is now sad his tory, and you chose the better -and happier part. The un fortunate Southerner now is lie -who is cursed with life the fortunate, he who is blessed with death.
It is meet that a few of the more prominent facts in the history -of such a heroic soul should accompany this plain but heartfelt tribute. He was the oldest -son of Judge Ed ward D. Tracy, of Maoon, Georgia, and was there born about the year 1830. His brother, and only brother of that marriage, was E. D. Tracy, Jr., a brigadier-general in our service, who was killed at Port Gibson, Mississippi, whither Pemberton had dispatched General Bowen with six thou sand men tio dispute Grants passage of the river witih sixty thousand. Bowen was there also killed another gallant native Georgian (of Savannah). General Tracys remains being within our lines have been borne to Rose Hill Cemetery. Phil, after taking his (academic course at home, was sent to Yale. Returning from thence he was admitted to the bar, but before entering on the practice edited the Macon Telegraph, first under the wing of that nestor of the Georgia press, Samuel J. Ray, and then by himself. Retiring from the paper, he began the practice and became connected with Hon. Barnard Hill and Hon. Thomas P. Stubbs, under the firm name of Stubbs, Hill & Tracy. While in this connection, and rapidly rising in his profession, in the year 1859 he was elected to the State Senate. He had married the beautiful and wealthy Miss Carrie Riawls, then Mrs. "Walter, but before the tocsin of war she and their babe had seen the last of earth.
Major Tracy on his fathers side was descended from the Tracys of Litchfield, Connecticut, who were among the

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Original settlers of that place. A few years before the war, at a centennial celebration of tihe settlement, Donald G-. Mitehell, more generally known as Ike Marvel, delivered the oration and referred to Judge Tracy of Georgia, and his brothers of Weiw York, as descended from the original Tracys. The brothers of New York were Albert and Phiueas, both of whom have represented their State in Congress. Both were men of magnificent minds, and the former made great fame as a lawyer. There is no Georgia lawyer of much experience but has found in his researches the finished and scholarly judgments of the ISIew York Senate las pronounced by Senator Tracy. Judge Tracy (Phils father) w*as a man of the first order of ability, and excelled as a wit and humorist. Many are the anecdotes of him tradition brings to the present generation of lawyers.
Major Tracy on his mothers side was a Campbell. His mother was a sister of Duncan G. Campbell, an able law yer and politician of Georgia, belonging to the generation preceding tihis. He was ^fche right arm" lof old Jack Clark in his terrific contests with Orawford and Troup, and his memory is beloved by foe as well as friend. He was the father of our John A. Campbell, now an oppressed sub ject of Louisiana, but a judge of the Supreme Court of the United States when it was the tribunal of a constitutional republic. Philemon Tracy exhibited a large share of the talent which legitimately was his birthright on the pater nal and maternal side. As an orator, he approached the best; as a conversationalist he wafe brilliant; but as a writer he excelled, including himself in his departments of ora tory and conversation. To give anything like aai accurate idea of Ms excellence as a writer in thus surpassing him self in conversation, it can be stated that he was one of the very few we meet in a lifetime to w*hom we are willing to

316

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play tihe part of listener all the time; and yet, as much as we loved to hear ham talk, "we prefer to read his writings if compelled to make choice, yet, having the chance of both,, enjoy both. He was a youth, of rare gifts. I say youth, for it must be realized that at his death, mow verging on thirteen years, he was not exceeding thirty^two, and that his reputation, was made before he had attained his twentyfifth year. He was certainly the most gifted man I ever met among Ms contemporaries, with one exception and it might well be considered who had the advantage and he was Julian Gumming, ;of Augusta, now also, alas, in the spirit-land. When these two young men would meet in con versation on a propitious occasion, it was a rich treat to every intelligent hearer. Their minds were as highly cultured as endowed. Their reading was extensive and well treas ured. A gentlemanly refinement gave a fascinating tinge to every pleasant piet-e of knowledge, every maxim or epi gram, and every sally of wit or humor littered. One might shut his eyes, and forgetting for a moment where he was, think that he was present with that splendid corps of talkers that made thait famous literary clulb of London, of whom old am Johnson was chief, and that there was a tilt between Burke and G-arriek. "When it went around that Julian Gumming was in Macon, there Was instantly a gathering of the clans to witness the intellectual gladiatorship between him and Phil.
I have Baid thalt Major Tracy had physical defects of limb and sight. Is it not strange thtat a man who was too lame to march and too blind to shoot could succeed in the role of a soldier? And yet he did, fas- his commanding officers will any day attest. He was so near-sightted that without the aid of glasses he could not tell his best known friend six feet. His lameness was, according to Trelaw-

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ney, the same as. that of Byron. There was just limp enough to interest you in his gait, and yet too much to make a pedestrian. It appears that nature does try to correct her own mistakes, and hence, if a child is bom lame you may expect compensation in extraordinary intellectual gifts, as was the case with ByrOn and Scott. So, too, if blind or of defective vision approaching blindness, the child is apt to be gifted in music or poetry, where the tongue or fingers can serve and delight without or with very little sight. In Major Tracys case nature had so bountifully compensated him for his lameness in his intellectual supremacy that there was no margin to make other amends in the way of the fine arts for his want of sight.
In the rescuing of Major Tracys body and placing it in a spot where there is an enduring memorial, we have another illustration Iftiat "Mood is thicker than water!" Yes, "thicker" than much thicker things than water. Some of the leading families of the jSTorth are of southern origin. Likewise, many of the South are wholly or in part of northern origin. There was a time when even South Carolina and MaBsaidhusetts fraternized socially, although widely differing politically, when politics were honoraible and gentlemanly. As we find John Adamses, John Hancocks, Roger Shermans, and Elbridge Gerrys at the South, so we find at the North likewise given the names of Charles Pinckney, John Rutledge, and Arthur Middleton. Even Charles Summers father was named in honor of the old veteran Charles Pinckney, and was known all his life as "Pinckney Sumner." The son, I believe, was likewise named, but he became so aggressive, as well as progressive, in a wrong direction, that he dropped the south ern part of his fathers name when he dropped Ms fathers principles.

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Notwithstanding the gulf the war has made between the Worth and the South, there yet remains that feelingof sympathy which exists between true gentlemen every where; and when these gentlemen happen to -agree upon the true principles of thie government, they are bound toeach other as "with, liooks of steel," and when, as in the caseof Phineas Traey, the mam :of either section rises and as serts "the nature that is in him," despite of war and hate,, to that man we tender every [honor.

Every lawyer of many years practice, and every cir cuit judge ~who has served as much as a full term, can re call some one or more cases, either civil or criminal, which were of more than ordinary interest, because of their dra matic or romantic interests. Of such some are tragic, while others .are comic. I have heard Mr. Stephens say he would like the opportunity to write a book to be enti tled "My Cases," that he might thus perpetuate the many interesting court trials in which he had been counsel dur ing his long professional experience.
When the writer of this was judge of the Southwestern circuit of the State of Georgia, in which was embraced nearly all the counties now making the Albany circuit, he had the largest experience with murder cases in the county of MitcheU.
Among the trials in that county at which he presided was one where the prisoner, a farmer, shot another farmer, a prominent citizen of the county, in the broad light of day at his own door, with a double-barreled shotgun. Another, in which a highly respected citizen had shot in cold blood a young physician for a suspected interference with his do mestic rights. Another in which a son had killed Jusfather in a fight that the old man of sixty-five had been premeditatedly provoked into by a conspiracy of the son with his sister, who aided and abetted, to prevent his con templated marriage. In the cases first and last mentioned the prisoners were found not guilty, and in the second there was a mistrial. But it is not about either of these

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cases I propose to write, but yet of another of a darker hue, in -which two murders had been committed at different times, the second as a means of concealing the first.
There resided at the then small Tillage of Camilla, the county seat of Mitehell county, Ga., not very long ago, that since children have been :bbrn and married, and have had children born unto them, an elderly widow named Wooley. Her humble abode was in. the northern edge of the vil lage. But humble as it was, it was her own, and there she lived in all the comfort she desired, surrounded by hex cows, her pigs and her poultry.
Another citizen of Camilla was the "village blacksmith," an honest and hardy son of the Emerald Isle, named Tim othy OBryan. Timothy, somehow and somewhere, had the misfortune to lose one of his legs, for Which he had sub stituted a rude wooden one, and thus the "even tenor of his way" was always roughened by the limp and the noise of his wooden leg.
There had grown up between Timothy and the widow, arising no doubt from their mutual sympathy in their loneliness, an attachment of a -platonic or friendly nature. At least, from the kind of feelings the villagers had for both, it was seen only in that light, except when some evildisposed person would venture an insinuation, for which he was sure to be reproved in such manner that he quickly became ashamted of himself and never repeated the offense. Timothy -boarded witih the widow. The home of on was the home of the other. They interfered witfh no one; did all the good they could, and nobody disturbed tihern. They were getting along quietly, peacefully and happily. "While during hours of labor Timothy would be pointing the plows of the planters or welding their broken saxles, the widow would be working in her garden or attending to her various

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domestic matters. It was suspected by some that she, by a life of thrift and economy, had Somewhere secreted in her house the traditional stocking filled with coin. Such was the Condition of these .two humble citizens when Saltan entered their rustic paradise, and entered it not to tempt, but to destroy.
Suddenly, without news of his coining, or explanation after his coming, there appeared among the honest and happy villagers a man who called himself John J. Taylor. He was a large, rough man, without an attractive quality -of any sort that could be seen. But, nevertheless, from the foundation of the world evil spirits have exercised a controlling influence over good ones, and the evil spirit of Taylor charmed the good one of OBrya-n, and won his friendship and confidence. As a consequence, he was given shelter and food at the home of the widow, and there for a short period the three lived in apparent harmony.
The month of October or November, 1863, camte in the round of time, and found this to !be the situation, but a .separation soon took place by the departure of OBryan on a mullet fishing expedition, as was his yearly habit, to the gulf coast of Florida, which preceded the tragic events I am to relate. OBryan and the widow by this time had every confidence in the stranger, and OBryan left him in charge of his business until his return, at the end of the month. Not long after OBryans departure the neighbors missed Mrs. ATooley. This continued from day to day, until they, filled with apprehension, sought an explanation from Taylor. He said at Mrs. Wooleys request he had taken her to the village of Newton, ten miles distant, where she had taken the stage for her former home in South Carolina, and had left him to sell her effects and forward proceeds. Tay lor was selling all the property he could find purchasers for.
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At iJliis juncture OBryan "Was "written of the startlingchange in affairs sintee his departure. He came -back as fast as he could and Taylor made him the same explana tion. OBryan satisfied himself that this was false, and then Taylor told him other stories, hut finally said he had taken her to a certain house in the upper portion of Lee county, Ga., and stuck to that. OBryan, yet unsatisfied, demanded he should go "with him to Lee county to find Mrs. Wooley, and they started on the journey. Albany, in Dougherty county, was on the route, and the two passed through that town on their way to Lee. On the next day in the afternoon they came again to Albany on their re turn, and while there, OBryan having, as some brother Irishman termed it, "the failing so common to his country men," went with Taylor to a barroom to drink. While there OBryan got "in his cups," and could talk of nothing else but the disappearance of Mrs. "Wooley, and got up a semi-quarrel with Taylor. Finally the time came when they must leave for Camilla. On crossing the bridge over Flint river the road to Camilla in a, very short dis tance turns directly to the right, while the road to Isa bella, in "Worth county, is the straightforward road. After several days, when the circumstances of their leaving Albany had ceased to be talked of, a citizen coming to Albany by the Isabella rdad discovered about six miles from the former a flock of buzzards perched On a log a few hundred yards from, the road, and on going there found a dead body, which proved to be that of OBryan. It was evident he had been imirdered by being knocked in the head -with a bludgeon. Taylor drove dawn to Camilla and there explained the absence of OBryan by another lie. The finding of OBryans body led to his immediate arrest and imprisonment. The people of Oamilla were then

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satisfied he had murdered Mrs. Wooley; and they set about searching for her remains. They looked everywhere they could think of, but without avail. At last, on a Sabbath afternoon, while a few citizens were taking a Walk through a small field on the south side of the village, Where small grain had been planted the preceding season, a small area of ground without stubble, and that had the appearance of having been turned up, claimed their attention. They grabbled in the ground, found the dirt loose, went a little further, and in some two feet of the top found the head of a corpse, which proved to be that of Mrs. Wooley, buried in an upright position, and pressed down as far as possi ble. This field was in an exactly opposite direction from Mrs. Wooleys house, with the village intervening, and a mile therefrom. The supposition was that he had mur dered her and at night had. carried her body around the village, a distance of a mile and a half. As Mrs. Wooleys body had not been found, and there was no positive evi dence against him, and as neither had any relations in the county, lie argued that if he could Mil OBryan and suc cessfully hide his body, he would have all they both had and would escape detection. Besides, knowing he had mur dered Mrs. Wooley, if he took OBryan back he would persist in the investigation as to her whereabouts until her body might be found, and the murder thus discovered. The murder of OBryan was in the county of Dougherfcy, but the superior court of Mitchell coming on first, Taylor was there put upon his trial for the murder of Mrs. Wooley, and was easily convicted.
There was no incident of his trial worth relating, except when asked why sentence should not be pronounced upon him, he charged the murder upon a respectable citizen of the county as the perpetrator, aided by one or two others.

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Horrified at [fete mans brutal crimes, he intensified the in dignation of every one by accusing innocent men of it. This was the climax of his brutality, and I recall him as the only -being I had ever seen in trouble for whom I did not have some pity, however criminal he may have been. When the law gets such creatures down they stand helpless in the presence of its vengeance.
Taylor was executed as soon as it could legally be done on the spot where he buried his victim, poor Mrs. "Wooley. On the scaffold he denied that murder, but in a general way confessed to many others. He, however, gave no account of himself, or clue to the ascertainment, and to this day it is not known where he came from, what had been his business, or any of his antecedents. It is not even known that his name was Tiaylor. The supposition is -tihat he was some man steeped in crime, who was hiding from justice, perhaps an escaped convict. And it is these facts which give to his horrid crimes the tinge of romance.

Ifoon, Joseph )S. Brown.
EDITORS NOTE.
It may truly be said that the.real beginning of ex-Senator Joseph E. Browns political life was when, unsolicited and unsought, he found himself in 1857 the democratic nominee for Governor of Georgia.
His name was not before the convention, which had met for the pur pose of nominating a gubernatorial candidate, and it was through a series of unlocked for circumstances that the mantle of nomination found its way to the late lamented ex-Senator. It was to him as great a surprise as it could have been to any one.
The balloting occupied two days. When it began the first ballot was cast with the following named gentlemen in nomination :
J. H. Lumpkin, 112; H. G. Lamar, 97; James Gardner, 100; HWarner, 53; William H. Stiles, 85. The balloting continued until the twentieth ballot was cast. It was plainly a deadlock and something was necessary to be done in order to secure harmonious action. Mr. Hope Hull, of Clarke county, moved that a committee composed of three from each congressional district be selected by the representatives of the various districts. This motion was carried, and the following named delegates composed the committee.
First District R. Spalding, of Mclntosh; G. A. Gordon, of Chatham; William Nichols, of Clinch.
Second District C. J. Williams, of Muscogee; N. McBain, of Sumter; J. A. Tucker, of Stewart.
Third District E. H. Clark, of Bibb; J. Ramsay and B. F. Ward, of Butts.
Fourth District H. B. Cannon, of Coweta; W. T. Thurmond, of Fayette; W. Phillips, of Cobb.
Fifth District J. W. H. Underwood, of Floyd; E. W. Chastain, of Fannin; W. Shropshire, of Chattooga.
Sixth District S. J. Smith, of Towns; J. E. Roberts, of Hall; H. Hull, of Clarke.
Seventh District L Stephens, of Hancock; William McKinley, of Baldwin; J. M. Lamar, of Newton.
Eighth District I. T. Irwin, of Wilkes; A. C. Walker, of Rich mond ; E. H. Pottle, of Warren.
Of all this committee there are now just three alive Judge Richard H.

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Clark, Wesley Shropshire, who is ninety-four years old, and "W. Phil lips. It is Judge Clark who is best able to tell the story of the nomina tion of Joseph B. Brown, and he does it over his own signature:
Governor Brown and I met for the first time in the Georgia Senate of 1849. He was twenty-eight years of age anid I was twenty-five. His service in that body at that session was the foundation of bis future reputation. He showed himself to be a man of great firnmesiS of character, of great wisdom and a fine logician. He could not be called an orator in the usual acceptance of that term, but he spoke upon nothing of importance without exhausting the argument. Subsequent to that he became the judge of what is now the Blue Ridge circuit, and in that position added to his already acquired reputation. He occupied that position in 1857, when the State Democratic conven tion met for the purpose of nominating a candidate for governor. The then most prominent candidates were John II. Lumpkin, of Moyd county, who had been a representa tive in Congress; Henry G-. Lamar, of Bibb county, and James Gardner, of Augusta. There were two or three other candidates, but the issue was confined to the three gentlemen named. Lumpkin had a decided plurality, Gard ner was next, and Lamar third, both, near together. After two days balloting it was found impossible for either of those gentlemen to receive the majority vote of the conven tion. An emergency had arrived in which something for harmony was necessary to be done.
Hope Hull, of Clarke, moved that a committee of three from each congressional district, to be selected by the del egates from each district, meet and propose terms of agree ment. I was one of the delegates to that convention, and the congressional district which. I represented selected me as one of the three. I sought thie selection because I thought it was impossible for the convention to agree

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on any one of the present candidates. My purpose in seeking to be on the committee was to propose that we should ail unite on Judge Joseph E. Brown, of Cherok-ee county. It was con-ceded t>y the Democratic delegates from all other sections of the State that Cherokee county was entitled to the nominee., because the counties lying north of the Chattahoochee river had always furnished a Democratic majority, and that that section of the State had. never had a governor. The unanimous choice of the delegates from that section was John H. Lumpkin, with a support scattered all over the State. Lumpkin was not acceptable to the States Eights wing of the Democratic party, which made a large-majority of the party. . It -was just at the time that the contest was whether the -territory of Kansas should become a free or a slave State. The immigration to that territory from the slave States had the majority, but President Buehanan, fearing that -the National Democratic party could not stand the strain of having Kansas a slave State, sent a distinguished citizen of the nation for the purpose of preventing that consummation, and it was prevented.
Howell Oobb was secretary of the treasury during the Buehanan administration, and we used to call he and Lumpkin the Siamese twins of Georgia politics. ISTot only were -they political but close personal friends. Hence, the States Eights wing of the delegates to that convention -suspected that sending the delegate to Kansas was decided , upon Mr. Budhanlans cabinet, and that Oobb was a party ithereto; -and if he was, that John Lump-kin was in sym pathy with him. It -afterwards developed that this susjpicion was -groundless, and that neither Oobb nor Lumpfkin had any participation in the scheme to prevent Kansas (from becoming a elave State. Notwithstanding this was

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the basis upon which, the States rights Democrats acted in refusing to ratify Gherokees choice.
Liatxm Stephens, afterwards a judge of the supreme court, was -a supporter of John Lumpkin, although he was from the center of middle Georgia. As I was going up tothe committee room in the hall of the old state-house, I met Mr. Stephens, who was also one of the committee. He proposed to me, as a method oif compromise, tihat the com mittee should recommend ito the committee that after three more ballotings the lowest man. in the nomination should be dropped, and so continue it on each balloting until the choice be between the two (highest.
I said to Mr. Stephens that that plan simply meant the certain nomination of John Lumpkin., and tihat thewhole difficulty was that he was not acceptable to the large majority of the party. I said to him: "There can be noagreement except upon a man, and that my proposition was to say to the six delegates from Oherokee, Georgia, to name their compromise man and that we would all support him." Mr. Stephens said: "If we do that they might name an in competent man."
I said: "There is no danger of that, for I am sure from my knowledge of those members of the committee, that if they give up John Lumpkin they will name Joe Brown."
"Well," he replied, "I have not an accurate idea of the style of man Joe Brown is."
I assured him that I had; that I had served three months with him in the Senate of our State, and that there was not a man in all our party, throughout all Georgia, who was better qualified to discharge the duties of the office of gov ernor than was Joe Brown, and tfliat I proposed that we, outside of Qherokee, Georgia, make that proposition to the^ committeemen from that section.

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When we met in commititee tihie -proposition was made thai; we select a candidate on the white basis, which was but another method, of arriving at the nominaition of John Luinpkin. I Opposed that, by saying, as I had to Mr. Stephens, that the only method, -of pacification was to name a man, and that the delegaites from Cherokee should have that right.
George A. Gordon, a delegate from the county of Chat ham, proposed that we recommend William H. Styles.
Charles G-. Williams, of Muscogee, proposed Alfred H. Golquibt. I said to tJhem emphatically, as I had before,, that we could not harmonize on any but a ;Cherokee man, and that I had intended, if the Cherokee committeeinen failed to select a man, to suggest Joseph E. Brown.
Just at this juncture Mr. Stephens rose and himself proposed Joseph E. Brown. The proposition came with more force from him than ffom me, for (he had been a sup porter of John LumpMn, while I had been of Henry G. Lamar.
At once I seconded Mr. Stephenss motion and made a speech in support of it. The committeetoen from Oherofcee all acquiesced, but with reluctance, except John W. H. Underwood and Augustus R. Wright. Underwood finally came in, but Wright never did, and made a protest in the convention against the report of the committee.
The report of the committee was adopted by the conven tion and Brown was placed in nomination. The commit tee selected Tucker Erwin, of Wilkes, to present the report to tihe convention, which he did in a short speech, recom mending its adoption. I also did the same, and there may have been others who did the same. This is the story of Governor Browns first nomination, and any other version of it is error.

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The analysis (of it all is, tihat if I (had not been a mem ber of that convention Brown -would not have been nomi nated, and, indeed, I have no doubt, that if I had not had the conversation, with Lintan Stephens referred to, and bad not said and done as I did in the committee, that Brown would not have been nominated.
The friends of John Lumpkin at once suspected that Governor Brown had played for the nomination, but it is untrue, and there is no man in Georgia to whom his nom ination was a greater surprise than it was to him. It was impossible that he -could have accomplished anything by any management, for the Cherokee delegates, who were those from tihe fifth and sixth .congressional districts, were as a Macedonian phalanx for Lumpkin. They could not be moved. I consulted two or three of such, whom I knew to be Governor Browns personal friends, to devise some plan whereby -he might be nominated, but they said "We cannot be a party to such an arrangement. Oherokee is solid for Lumpkin. We are instructed to vote for him and must do so, notwithstanding Brown might be our per sonal preference."
When Governor Brown was informted of his nomina tion, as it has been said so often, he was cutting wheat in his field, and his friend, Mr. Samuel Weil, now of this city, was -the first to inform him, and the information was a complete surprise to him.
Governor Browns opponent was Benjamin PL Hill, and a lively canvass they made of it. Brown was then a young man, only thirty-six years of age, and Hill was yet younger by -about two years. From that on to the close of the war, and since, Governor Browns occupancy of the executive chair for four successive terms and all since are matters of history.

In the roster of the Irish Jasper Greens, as they volun teered for the Mexican war, in the summer of 1846, will be found the name of H. V. Morel. His name, with all the others, officers and privates, appears in Whites Historical Collection of Georgia. He was simply a private, and there is nothing to show in the roster nor otherwise any differ ence between him and the other privates. He, like nearly all, perhaps every one of that organization, now makes one in the roster of the nations dead. A few years before the death of Captain McMahon there -were only five sur vivors, and he the only officer. The organization yet flourishes, but we presume contains not a man who went to Mexico with it, which shows how, while all lt!he men must die, the company may live. Morel has. been dead nearly forty years. He left no record of himself, and there -are but few living who remember him, and yet he makes one of the thousands of heroes who die "unhonored and unsung," and for whom no tears are shed except by the very near of his own blood. He was a native of Effingham county, and one of the many children of Benjamin Morel and Susan Morel. His father was of the stock of the Ossabaw Morels, and his mother a daughter of Henry Gindrat a name once well known, but now nearly ex tinct. Morels full name was Homer Virgil, and he went by the name of Homer. Parents of tfhe olden times were prone to name their children for great prophets or great poets. If it was not Moses, or Daniel, or Jeremiah, or Elijah, it would be Homer, Horace, Virgil, or Milton, and

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occasionally all combined. These were more popular even than Washington and Napoleon. He was only a country boy. His duties were to appropriately serve on the planta tion, where there were a moderate number of slaves. His sports were hunting, fishing, treeing the squirrel, and rid ing. He would "chase the deer," flush the birds, hook the bream, and break the colts. There was nothing re markable in. this. They were only what nearly every country boy did. But he was distinguished from the others by his love of danger, and his spirit of adventure. In this love there was no element of ambition for distinction. He delighted simply in them, and in them he made no preten sion just acted like they were duties he had to perform. The natural consequence of such a disposition in a youth would be the impulse to volunteer when the tocsin of war was sounded. It would be his delight to be "in the thick est of the fray," and dare the danger he loved to risk. But beyond this his desire did not go. He eared not for the honors. It was glory enough for him to gratify the long ing of his spirit to be "a, full private in the rear rank."
When the Seminole war and the Texan revolution began in 1835 he wished to go, but he was too young to be re ceived, though it was not long before another opportunity offered. Soon after the independence of Texas was as sured a renewal of the civil wars in Mexico began. Santa Anna was president. His faction was called the Cen trals, the other the Federals. The Texans, fresh from their own struggle against the cruel and treacherous Santa Anna, were glad of the opportunity to continue hostilities against him. As a result of this feeling a force was raised, aind the command given to Generals Fisher and Greene. Morel was one of its private soldiers. They offered themselves to General Canales, commanding the Federals in that part

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of Mexico, and were accepted. After the junction was
made with him this infamous Mexican, actuated more by Ms spirit of revenge towards the Texans than fidelity to his principles, basely betrayed them and his comrades by a sur render of his army to the opposing commander. The Texans finding themselves thus sold to the enemy like so many sheep for slaughter, fought their way out, and began their retreat for home, a distance of more than -two hun dred miles. They were pursued by the Mexican army, and after several days march, being exhausted by hunger and fatigue, were mostly captured. But before the sur render the Mexican commander gave his pledge they should be treated as prisoners of war. They were marched to Mier, a fortified town, of Mexico, and were there put to the terrible ordeal of drawing for their lives, it being so ar ranged that every tenth man should be shot.
The requisite number of Mexican beans were placed in a gourd, and every tenth bean was black, so that whoever drew a black bean was doomed to death. As I remember, there were seventeen of the poor fellows who drew their death tokens, and were taken just beyond the wall and shot. The remainder, numbering about one hundred and seventy, were mairched the long weary way to the City of Mexico. From thence they were senit to the great Mexican fortress, called the Castle of Perote, a distance of some seventy miles. There, as might have been expected, they were cruelly treated, and there they remained for the long space of twenty-one months. Santa Anna mainly occu pied them in constructing a macadamized road from the Castle to the City of Mexico, and upon it had the com bined vanity and heartlessness to have erected a monument with inscriptions telling the Whole story of the prisoners degradation and his cruelty. This band of Texans are

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known in history as "The Mier Prisoners." They were finally released on the intercession of the Government of the United States through our minister to Mexico, Gen eral Waddy Thompson, of Greenville, South Carolina, and the father -of the recent governor of that State. He was sent there with special reference to his force of character and diplomatic ability, that he might be the means of liber ating the Mier prisoners.
The plain country boy we are writing of was one of these prisoners, and shared (their dangers and sufferings from first to last. With them there was but one other Geor gian, Capt. William Xaigler, then from the county of Macon. He lived a sufferer from his imprisonment up to two or three years since, when he died in the county of Dooly. As soon as possible after Morel was released he returned Do Efiingham, to the house of his oldest brother, John, where all the younger brothers and sisters found a home after the deatih of father and mother. During his absence his favorite sister, Georgia, had died. Before leav ing for Texas she had given him a small copy of the ~New Testament with instructions to read and profit. This lit tle book he carried about his person all the while he was away, and brought it safely back with him. He so did that he might show his sister he had been faithful to his trust. It must not be inferred from this that Homer was, in the true sense, religious. His love for his sister was the active motive, and for her sake he would treasure and read the precious volume, and to the extent that this begot a spirit of devotion, he was religions. But, alas, the sister was not present to feel what would have been a joy and consolation to her. She had passed to the great Beyond. Much, of Course, did he have to tell of "his hair-breadth escapes" and perils by sea and land. We remember one

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incident that was mysterious. One night while returning from the Mexicans he took shelter (for it was raining) under a large fallen tree, elevated a few feet from the ground, by adhering to the stump, and in his sleep he dreamed the tree had fallen upon Oiim. From the fright caused by the dream he made an involuntary effort to roll from under it, which he succeeded in doing, and on awak ing found, the tree had fallen. Most persons, perhaps, would not believe this, but I had a somewhat similar expe rience. Sleeping in a hotel a hundred feet from the rail road track I dreamed the car was about to run over me. I at once awoke and heard the whistle and noise of the train. It was plain that the dream was caused by the roaring of the train heard in my sleep. It was like the cracking of the tree Homer heard. This proves that in sleep through our senses an impression is made upon the brain, which manifests itself in a dream. If we meet one unexpectedly we are apt to dream of the person that night. The thoughts that pass through our minds in the day become the basis of a dream at night. There are impres sions upon Ithe mind when awake, perhaps some not real ized because for an instant, which reappear in dreams, but this of course accounts only for this sort of dreams. I have in my dream looked down a long dming-table at which were seated elegantly dressed ladies and gentlemen never seen in real life and the countenances of every one I would take in. In a dream I have been in a gallery of paintings great in number and variety took them all in and remembered some.
My imagination is incapable awake to create either the countenances or the pictures. Where is the foundation in nature or reason for (such dreams? May not some ancestor near or remote have seen such, and they are inherited im-

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pressions which cam only be manifested by tlie involuntary powers of the mind? And yet there are other kinds of dreams that cannot be accounted for thus, as per illustra tion those dreams which come to pass and the real events come after instead iof before the dreams. After all, dreams are among the great unsolved mysteries of nature. The lesson taught by experience and history, however, is we ought not "with certainly to set down as false miraculous dreams because we cannot understand them. May they not be the temporary evidence of the spiritual part of the human the coming event that casts its ishadows before?
With an apology for this crude episode, we will resume the narrative of our adventurous country boy. After get ting home from the Casltle of Perote he had not more than time for recuperation from his long imprisonment and hardships when war was declared between the United States and Mexico. This was most joyous news to Homer. jSTothing daunted or disheartened by his long and bitter ex perience, he quickly put himself in Condition to again in vade Mexico. Perhaps his adventurous spirit was some what quickened by the desire "to get even" with "the greasers," and, to a certain degree, he did, as the sequel will show. He went to Savanmaih and joined the Irish. Jasper Greens that old company had gallantly volunteered for the service. That accounts for his name on their roster. He served with them during their term of enlistment, but at the end of one year the regiment to which that company belonged was mustered out of service. Just at tihat time General Scott was organizing an army of invasion for <the City of Mexico via Vera Cruz. Morel, with some other mustered out troops, re-enlisted in the regular army. He was in the march from Vera Cruz to the City of Mex ico, but only as Private Morel. It was glory enough for

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his nature to carry a musket and fight in the ranks. One of the battles,, that of Qhricnibusco, was near the monument reared to the glory of Mexico and the shame of the Texans. A company of soldiers, under Captain McKinstry, leveled it to the ground and scattered the fragments so that as a monument it no longer existed. In that company was Morel, and others of the Mier prisoners. It was strange it was like retribution on this earth that in a short time the men who had suffered as prisoners, and as such were liberated, should retiirn and participate in tihe demolition of that moinument intended to perpetuate their disgrace. At the close of tihe war he again returned to the home of his nativity to rest and -recuperate. He again engaged in the work and sports !of his boyhood, and so continued until the event I shall soon state. It was not long, perhaps not a year, when after a hunt in the Savannah river swamp, he was returning home carrying a double-barrel gun. To get home he had to go up a steep and narrow path, worn deep into the ground until a mans head would be hid, used at Gindrats Landing, one mile below Sisters Ferry, to go on foot down to the river, when he stumbled and fell. The fall caused the discharge of the gun. Tihe load went into his body and killed him instantly. Here we have the in stance of a man who had returned unscathed from six years of active military service, divided into two terms, killed by an accident. Similar events have happened be fore and since, but their mysteriousness is ever new. When they happen we are reminded among others of tihe saying of Hamlet, that a man "might his quietus make with a bare bodkin"; or of the ill luck described in the book of Amos, "As if a man did flee from a lion and a bear met him, or went into a house and leaned his hand on the wall and a serpent bit him."

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This casualty occurred in 1849, when the deceased lacked aibout a year of being thirty years of age. Nearly forty years have passed since his death, and but few are living wiho remember him. Soon there -will be none, and the dramatic story of his life -would never be fold. Of four brotheris and four sisters comprising the family of his parents, but one brother and one sister survive. He was as I said a plain country boy, but he was the type of many, of that day who went out into the world and by their own exertions made themselves fame or fortune, or both. If he had had ambition added to his other virtues he might have been distinguished. His education was limited ob tained at the country schoolhouse and the county academy, but nevertheless sufficient as a foundation, for a useful life.
He was tall, slender, erect and manly in his bearing. While amiable in his temper, loving in his heart and soft in his manners, he had the courage of the bravest. He has, as I said, left no record of his achievements and held no office, but nevertheless he was as genuine a hero as the most distinguished. He performed his part with valor and fidel ity and that is as much as the best and bravest can do.
There are those who love his mjemory as much as if he had acquired distinction. And this is tJhe story of Private Morel of how me engaged in tlie military expedition from Texas against the Mexicans, and how he left for the war against Mexico as Private Morel, of the Irish Jasper Greens, and as Private Morel returned at the end of tine war.

Golquitts.
Alfred H. Colquitt was the son of Walter T. Colquitt. Alfreds mothers maid-en name was Ann Lane. She -was of the same family as General Joseph H. Lane, once a celebrity in the limited States, both as soldier and states man. A sister of hers married Dr. Hill, of LaGrange, Ga., and they were the parents of the first Mrs. Joseph Thomp son and of Mrs. Brown Morgan.
Walter T. Oolquitt was a lawyer, a circuit judge, a Tepresentaltive and senator in the United States Congress, and a local Methodist minister. His motiher was a Holt, one of a numerous old Georgia family, to which belonged .Judge William W. Holt, of Augusta; Judge Thaddeus G. Holt, General William S. Holt, -both of Macoii; Hon. Hines Holt, of Columbus, and the mother of Judge Hutchins, the present j udge of the Western circuit, and of Mrs."Bill Arp," besides numerous others, and perhaps some as distinguished a? those named. The original George Holt was the father -of -eight or ten sons, -and just onie daughter. It is curious that several old Georgia patriarchs, many of whom I can recall the Harrises, the Thomases and the Hills had from eight to a dozen sons, and only one or mo daughter. Such a daughter was the motiher of Judge Colquitt, and Shaving been left a widow, she married a Tarver, the father of a very wealthy -and widely known planter named Hartwell H. Tarver. That marriage made Walter Colquitt and Hantwell Tarver step-brothers. The significance of this will hereafter appear. To more fully appreciate Alfred Oolquitt it will be necessary to know the manner of man

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his father was. After a most useful and distinguished pub lic career he died nearly forty years ago. Consequently there are but few living who knew him, or who have an adequate idea of him. Therefore, I will attempt to de scribe him. I say attempt, because the truth is he cannot be described. He was one of the few of whom it may be said there has been and never can be "but one such." If, inhearing him -speak, the hearer preferred Dhe pathetic in an orator, Oolquitt would have satisfied him. If the humor ous, he would (have gratified to the last degree. If hefancied vehemence like a mountain torrent, sweeping away everything in its path, he would have been accommodated. If, on the contrary, he preferred a low and gentle tone, asof a murmuring brook, he would have found that to his delight. If he liked to see in the great orator the great actor, he would have had him to such perfection that he could imagine northing superior, and to -the same degree of success, whether the acting was of ;the deepest tragedy or lightest comedy. If a man could be created with the com bined menltal powers of Sheridan, Garriek and Spurgeon, he would be like Oolquitt. He was gifted with extraordinary versatility. While attending the courts of Georgia he has been known to make a wonderfully eloquent defense of the prisoner in the day and preach an eloquent sermon at night. While a member of Congress he has electrified the body of which he was a member in the day and preached a thrill ing sermon at night, and if it had been appropriate he could have stepped on the stage some other night as a staractor, either in tragedy or comedy. His hair, originally dark nearly to blackness, had become an iron-gray, and stood up from his head like thalt of John C. Calhouns. His com plexion was brunette. His mouth and jaws were of that shape, size and expression that indicated great firmness and

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determination. His general mobility of features was sucK that he could make his hearers understand him by mere pan tomime. His most marked and observed feature was his eyes, which could express the fierceness of the eagle or the .gentleness of the dove. He was one of the few boom ora tors Georgia has produced; Joseph Henry Lumpkin was another. The 'two were alt Princetbn together, and there formed a friendship which lasted through life. Lumpkin with all the ardency of his nature not only admired but loved Colqudtt. To support his strong mental powers he had a strong body. He was neither stout nor slender, neither short nor tall. He was finely proportioned, and was in weight about 160 pounds, and in height about five feet, nine or ten inches. His whole physical make-up gave him great muscular strength, combined with an elasticity of movement and action that made his every effort appear easy and graceful. He excelled in physical as in mental strength., was an athlete, and yet this almost perfect man died when his physical and mental faculties were in their full maturity at the age of fifty-six.
Judge Colquitt was married three times. His second wife was Miss Fauntleroy, an aunt of Dr. J. S. Todd, but .she lived a very short time. His third was Miss Boss of Macon, the sister of Macons "merchant prince," John B. Hogs. Alfred was the oldest of four of the first mar riage two sons and two daughters. The other son was Peyton, and the two daughters were Lizzie and Emily. The first married Congressman 0. B. Ficklin of Illinois, and is now the only survivor of the four. Peyton Was a colonel in the late war and was killed in battle. He left a widow who was ia Miss Hurt of Columbus, and who after wards became the wife of Leonidas Jordan, the rich Geor gia planter, bo!tih before and after the war. The other chil-

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dren of Judge Oolquitt were of the last marriage, amongwhom was the well-known "Wellborn. Of Judge Colquitts first set of children, it was a com morn saying that his daughters inherited more of his vivacity and other pecu liar characteristics than his sons. Emily married Siamuel Carter of Whitfield county, and- is the mother of the first Mrs. Ben Hill, of Mrs. Kaltie Mitchell and Carter Colquitt.
To come back to Alfred, his first public position, entered! on when he was twenty-two years of age, was an officer in the Mexican war with the rank of major. After that heentered upon the practice of law in Maeon.
The home of General Tarver was in Twiggs county, a< short days ride from Macon, and it was quite natural that Alfred should visit the home of his fathers step brother. His family consisted of one daughter and foursons of his first marriage. The daughter was named Doro thy, but called Dollie. She was a lovely and excellent younglady. The association between Alfred and the family of General Tarver resulted in his marriage -to Dollie in May, 1848. Of this marriage there was only one child adaughter. She is now the wife of Captain Thomas F. jSTewell, and the mother of Alfred Colqnitt Newell, who ia one of the Constitution corps of writers. General Tarvesr, called so because he was a major-general of militia under our ante-bellum military system, was, as I said, a verywealthy man. When he died his seven children each in herited a plantation and an average of -one hundred slaves. This plantation property was in Twiggs and Baker counties. He gave Alfreds wife one of his Baker county plantations, near Newton, the county seat. Alfred thenmoved to the plantation, which was near enough to thecourt-house to pursue the practice of law in that county. He became a Democratic orator in the political campaigns-

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in 1850 and 1852, which brought him prominently before tihe people. As -one of the results, he received the Demo cratic nomination for Congress for the second district in 1853. He made an active and vigorous campaign, throughout the district, <and was elected over Hon. James Johnson, ex-provisional governor of Georgia during recon struction times, "who was then a member of Congress from tihat district. Alfred was ably assisted in tihat campaign by his special friend, Colonel Tom Howard, then residing in Orawford county, Georgia. They remained the closest and most confidential friends as long as they lived. They were close neighbors as well as friends prior to the death of Colonel Howard. The result of that election in the sec ond district saved Herschel V. Johnson, from defeat in his contest tihat year for governor with Charles J. Jenkins. Johnsons majority in the whole State was only 510. If the district had gone as it had at the previous election, the majority would have been more tfhan a match for Jenkins. This fixes Alfred as one of the members of Congress from Georgia, serving his first term. Time went on, and there had to be an election for his successor in 1855. He could have been renominated, to be followed, as the result proved, by reeleetion, but, unfortunately, he found him self confronted with a sad and serious embarrassment. During tfhe time he was in Congress (his wife had become an invalid, and rather than make the canvass and continue his seat in Congress, which would have taken him from his wife, noble man as he was., he declined a renomination. This made a critical period in his political career, for, re tiring then, the probability was he never would resume his then status, for, according to the very truthful saying of Shakespeare, beginning with ^there is a tide in the affairs of men which, taken at the flood, leads to fortune," and the

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possibility was that, liad it not been for "the war between the States," Alfred Colquitt might never have again oome in the political line of promotion. His wife died in April, 1855, during his successors term. lie was Martin J. Crawford, afterwards judge (of the supreme court. This brings me up/to Alfreds career, during and after the war, that is go well known that it "would be a waste of time and space to narrate it. That Oie married the second time and who he married, and who constitute his present family, is also well known. It might not be amiss to say that his last days were made the more sorrowful fcrom his wifes condi tion of health, which causes her to have the sympathy of his friends and constituents, but with the Ihope she may long be spared to later family and lovely daughters and her near and dear friends.
My first close contact with Alfred was at the session of 1849-50. Luther J. Glenn, the father of Tom and Howell, wTas the chief secretary of the Senate, and Alfred was liis assistant. He was then, as he remained until his health failed a few years before his death, a very handsome man. I was honored beyond my merits in being at the early age of twenty-five a member of that body from the thirteenth senatorial district, then consisting of the large and rich Counties of Baker and Early. I wras the youngest of the forty-seven senators, and there were thirteen of us from twenty-five to thirty years old. Joe Brown was twentyeight. It was then I discovered his extraordinary good sense of tfce practical kind, and (his qualifications for high office, which was the factor that caused Ms nomination for governor in 1847. This is so, whatever opinion may be entertained to the contrary. What I know, I know, and it may be safely received as true. Of the senators at that session there are only six in life Joseph E. Brown,

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Blount G. Terrell, David I. Bailey, Albert 0. Mauley, Daniel F. MeRae, and Richard H. Clark. This was dur ing the second term of Governor Towns administration. Mrs. Towns was a Virginia lady, and was one of the gen uine "first families." She was the daughter of John Winston domes, who was the speaker of the United States House of Representatives when George ~W. Towns was .a first member. Mrs. Towns inherited a, large, fortune from her father, which, together with her ladylike ele gance and refinement, gave her the very highest of social positions. That sudh a lady as the wife of Georgias governor should have drawn to her a host of friends, whom she. entertained with a queenly hospitality, is not strange, -and that she should wield a great influence, both socially .and politically, was to be expected. The executive man sion during her occupancy was the center of attraction in Georgia. Of course Alfred Oolquitt was among the most welcome of the guests. Mrs. Towns entertained as members of her household quite a number of young ladies. The oldest of her .children was too young for society, so -she adopted her young lady friends. Among such I can recall Miss Sallie Gullatt, tihe governors niece; Miss Oallie and Miss Lou Morion, and Miss Emily Oolquitt. These young ladies all married, and alas, there is only a possi bility that one may be now living. There are three gen tlemen who were frequent visitors at the mansion. They areColonel M. C. Felton, Willoughby Lumpkin and Billie Morion. Billie was called "Little Billie," to distinguish him from his father, of the same name. He looked then as if he had three or four years to live before he would get out of his teens, but (he looks now like he had grown out of that. Willoughby had not only a very youthful look, "but was slender and svmmetrical. Those who see him now

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can tell if lie Mas undergone any change. Oolonel Peltort was tail and slender then, and he is tall and slender now;: and when. I last saw him his original features were well preserved. Also William Tatem "Wofford was then a member of the house, and Was only twenty-two. He was almost a frequent visitor at tihe mansion. After making a good lawyer, a good citizen and a good Soldier, he now sleeps "under the daisies."
Soon after Returning from the executive mansion, Gov ernor Towns and family moved from Talbbtton to Macon,. but in less than four years he finished has earthly career, and his grave is in beautiful Kose Hill Cemetery. This was the beginning of the breaking up of the home in Macon, and the removal of Mrs, Towns to BJnOXville, Tenn., where she died several years after the war. Their man sion and grounds in Macon were at that time (taken alto gether) the finest and most spacious in the city. These were on an eminence that overlooked the city, and are what is now tihe site of Mont de Sales Academy. The Governor was an opulent plamter, having a large plantation and a large number of slaves in originally Talbot, now Taylor county, which, of course, went the way of all such after tihte war.
I have purposely refrained from commenting upon the career and character of Alfred Oolquitt, because it has; already and very recently been fully and effectually done. I will, however, take enough space to say that the promi nent and most essential characteristic of him was his per sonal integrity, his sincerity of purpose, his fidelity to duty, and his aversion to ostentation. The glare of the footlightsor ia play to the gallery were his detestation. His heart wasalways in touch with common humanity, and hence he felt no better than the most humble, and equal to the most ex-

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aided. Whatever should be the issuQ, die unofficial people could rely upon Mm (tfo represent what life regarded as their best interest, to the best of (his ability. Added to this char acter as a man, a soldier and a statesman, there was a Strong religious feeling always present tfo strengthen each. When a young man he discussed with himfeelf for two or threeyears whetiber or not it was this duty to enter the active ministry permanently, which he did partially, -and I be lieve if at the critical time he had not been nominated for Congress he would have done so. His entrance upon polit ical life was more tb please his friends and relatives than himself. He was one of those men tihat would have been in a temporal sense a good man if h had not been a Chris tian, and hence it was natural for him to let the good manpass into the better man, becoming a sincere and humble Christian. He has now finished his career on earth, and his remains repose by the side of -the wife of his youth and a deceased child. As was abated, his famous father was not interred -on Ihis lot, but was taken tb Columbus, al though he died in Mkcon after a long and suffering illness. By a Seemingly strange coincidence there -are in Rose Hill Cemetery five burial lots and only five in that row. In going toward the river from the main entrance, the first one of these lots we come to is that of Samuel Hunter, a worthy man, and a promising young lawyer of JVlacon that I knew well. The next is that of Governor Towns, the next Al fred Colquitts, to next Richard H. Clarks, and the next and last Judge Greshanis. These five men knew each other, were friends in life, and in death will be neighbors. Rose Hill Cemetery is one off -the most beautiful in theWorld. It is situated on, a high bank of the Ocmulgee, in the midst of a forest of fine trees. There is very gently a decline from tihe main entrance to the river until we get

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near the river, when there is a sudden and more abrupt de clivity. Standing upon the point where the decline be comes steeper, and looking .over the grass and through the trees, the river below flowing gently presents a beautiful scene. Just at this point there is a large and magnificent monument erected to John B. Lamar, the brother of Mrs. ITowell Cobb, who was killed in battle at Hampton Gap, ]\!cl., the day before Sharpsburg, while acting as the aide1 of General Howell Oobb.
The life of Alfred Colquitt haspassed into history and has ftmeral is over. I will conclude this, tribute pertain ing to him by quoting from a letter written me by my daughter Hallie ait jVIaeon, as better than what I have writ ten or can write.
"We have this day laid to rest in beautiful Rose Hill Cemetery that noble patriot, Alfred H. Oolquitt. I de plore the fact Uhat this style <of the Southern gentleman is rapidly passing away. The old landmarks are being ob literated. The galaxy of stars is fading fast-, and we never can replace the old. Theirs was a peculiar light a light that casts its effulgence over the old South and the new like the serving of two epochs, or the balancing of two worlds. The church was as beautiful as Easter blossoms ia the hands of a skilled florist could make it, and I thougnt of how the stainless soul had floated out on the Eastertide. The cemetery presented the scene of a decoration day, and it came to me, that Southern braves had welcomed a Southern chief."

4( IRosin the Beau/
"Wihen the writer of this was a boy he often heard sung " Old Rosin the Beau," the beau supposed to be spelled Bow, and to refer to the custom of rubbing rosin on the bow of the fiddle. But it was sung only by men (and boys, and not considered proper to be heard by the ladies, or other "ears polite." It was generally sung by men on a frolic or in that mood in short, it was a bacchanalian song of the coarser sort. Imagine, then, my surprise to find re cently that it has a place in a book of music to be found in parlors and drawing-rooms on a ladys piano.
As late as 1867 the well-known music (house of Oliver Ditson & Go., of Boston, published a music book called "The Good Old Songs We Used to Sing, with Accompani ments for the Pianoforte, Compiled by J". C. H."
I only know one J. C. H., and he is "Uncle Remus" Harris, and until it shall be made to appear to the con trary, I shall take it for granted he has added this to hi3 other accomplishments, and for !tthe additional reason that " Old Rosin the Beau " is a Georgia song, and Uncle Remus is a Georgian per se. It is not only in the book named, but is the second piece, and comes just after "Sweet Home," and just before " Oft in the Stilly Eight," without giving the name of the author.
This suggests the inquiry, who is the amthor of " Rosin the Beau," for the man whose song is sandwiched between John Howard Payne and Thomas Moore, and appears in a book along with Burns, Longfellow, Mrs. Hemans, Mrs..

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Norton, Walter Scott, George P. Morris, Francis S. Key, Eliza Cook, and other celebrities, deserves to be known.
From the beginning and ever afterward during Ms life, it was attributed to a man well known in nearly all parts of Georgia, and even in several other Southern States, named Lawrence L. Wilson. It was claimed by ihim, and from the evidence then all his contemporaries conceded it to him. There was no one to dispute the title with him. He went by the name of " Beau Wilson," and the authorship of this song was supposed to be the cause of this prefix. He was recognized -as ia professional gambler, and likewise there was no one to dispute this, for wherever there was a gath ering and a collection of this class of sports in Georgia, there was Beau Wilson, and he was a conspicuous figure .among them. Those who do not know cannot realize the situation then. The gamblers were a distinct and welldefined class. In summer they traveled from one water ing-place to another, and in the winiter from one city to an other from race-course to race-course, from legislature to legislature, and even from court to court. They appeared at each place in full force, and did not disguise their pur pose. This was the custom even as late as "the war," which scattered them, and they have never rallied in force since. During the war " Beau Wilson " disappeared, and has never since been heard of, except that some time wrfliin the four years he died at Shreveport, La. He was born at old Petersburg, Gk., in 1801. He received a good educa tion for tihe times, and was a man of good presence and gx>od manners. He was popular with Ms sort, and had many friends outside of them.
In his early manhood he resided in Augusta, Gra., had .a respectable standing in business and other circles, but his love for cards and all other games of chance led him from one step to another, until he reached the level of the pro-

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'Sessional gambler, and so continued until his death. Re spectable relations survive him, some of whom reside in Montgomery, Ala., some in Greenville, S. 0., some in Cralveston, Tax., and also in otiher States.
"Wilson was inspired to rwrite the song from finding one morning an old fiddler whom he had often met and be friended dead and laid out on the counter of one of the saloons he frequented. He read and sang the verses to his friends, and tttiey persuaded him to publish them. Those verses, as they appear in the music book, are as follows :
I live for the good of my nation, And my suns are all growing low,
But I hope that my next generation Will resemble old Rosin the Beau.
Ive traveled this country all over, And now to the next I will go,
For I know that good quarters await me, To welcome old Eosin the Beau.
In the gay round of pleasure I traveled, Nor will I behind leave a foe,
And when my companions are jovial They will drink to old Rosin the Beau.
But my life is now drawn to a closing, And all will at last be so,
So well take a full bumper at parting To the name of old Rosin the Beau.
When Im dead and laid out on the counter, The people all making a show,
Just sprinkle plain whiskey and water On the corpse of old Eosin the Beau.
Ill have to be buried, I reckon, And the ladies will all want to know,
And theyll lift up the lid of my coffin Saying, " Here lies old Rosin the Beau."
Oh ! when to my grave I ain going, The children will all want to know,
Theyll run to the doors and the windows Saying, " Here goes old Rosin the Beau."

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Then pick me out six trusty fellows And let them all stand in a row,
And dig a big hole for a circle, And in it toss Rosin the Beau.
Then shape out two little dornicks, Place one at my head and my toe,
And do not forget to scratch on it The name of old Bosin the Beau.
Then pick me out six trusty fellows, Oh ! let them all stand in a row,
And take down the big-bellied bottle And drink to old Kosin the Beau.

While it is true that Wilson is the author of this song, it is also true that there was an older song, which Wilson must have seen, and from which he got the idea of compos ing it when he saw his fiddler friend dead. This is evi dent from thte similarity, yet slight difference in name, and tihat his two last verses are substantially the same as the older version, and tihait the tune to his is the same as the tune to fci other. That other, and the first, is "Eossum the Beau," and was "written by the late Colonel William H. Sparks, the author of " The Memories of Fifty Tears," and. other literature. I will let Colonel Sparks relate the his tory of his song in his own words:
Letter from Colonel W. H. Sparks to W. H. Moore, dated Atlanta, Ga, August 21, 1874 :
"My Dear Sir: I am obliged to you for itShie little para graph from the Columbus paper, ascribing to me the authorship of this song, once so popular throughout the country
"It is very true I wrote the lines I send you, and they were the first that were ever simg to the air which, be came famous. : "I will give you a brief history of the writing, iamd of the man who inspired them. When I first went to the West

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in 1825, I was some time: in selecting^ domicile. Why, it is not necessary for me to state, as the reason and causes for the. delay will form a theme for a chapter in the second . volume of the Memories of Fifty Years.
"Finally I located in Mississippi and commenced the prac tice of law. It was in the midst of the noblest people I have- ever known. Among these were two equally remark able, but very unlike. One was a schoolmaster who was quite old, and who had been teaching in the neighborhoodover forty years. His name was James Bossum. He was peculiar in his habits. On Monday morning, neatly dressed and cleanly shkven, he went to his duties in the old schoolhoiige where two-thirds of his life (had been spent, and assiduously devoted himself to the duties of his voca tion until Friday evening. On the morning of Saturday he arrayed himself in his best and devoted the day to visit ing the ladies of the neighborhood. He was a welcome guest at every house. This habit had continued so long that he had acquired the sobriquet of "Bossum the Beau." The others name was Oox, who was a rollicking good fellow, and the best vocalist I ever knew. He was in song what Prentiss was in oratory, and they were boon companions. Both died young. Cbx was frequently at my office, and upon one occasion while he Was there, Bossum walked by the door, and his age Was apparent in his walk. Cox lobked at him, and, after a pause, turned to me and remarked in quite a feeling tone, which he could assume at pleasure, and its eloquence was irresistible, Poor old Bossum ! Some of these sunny mornings he will be found dead, when he shall have a noble funeral, and all the ladies will honor it with being present, I know."
"Soon after he left the office, and, being in the humor, I seized the ideas and wrote the following doggerel lines.
23

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Soon after Oox returned and I handed them to Mm. He got up, "walked and hummed different airs, until he fell upon the old Methodist hymn tune in which they have ever since been sung.
"I have ahvays considered Cox more entitled to the au thorship than myself.
"Hundreds of lines have been written to the air by asmany persons, and almost as many have claimed the an-. thorshlp of the lines, but this is of no moment. I claim nomerit for my lines, but everything for Coxs singing of them. I have seen him diraw tears from the eyes of old and young with the feeling he threw into the song."
Now, soon on some soft, sunny morning, The first thing my neighbors shall know
Their ears shall be met with the warning, Come, bury old Eossum the Beau.
My friends then so neatly shall dress me, In linen as white as the snow,
And in my new coffin shall press me, And whisper, poor Eossum the Beau.
And when Im to be buried, I reckon The ladies will all like to go.
Let them form at the foot of my coffin, And follow old Eossum the Beau.
Then take you a dozen good fellows, And let them all staggering go,
And dig a deep hole in the meadow, And toss in it old Eossum the Beau.
Then shape out a couple of dornicks Place one at the bead and the toe;
And do not forget to scratch on it Here lies old Eossum the Beau.
Then take you these dozen good fellows.. And stand them all round in a row;
And drink out of a big-bellied bottle, Farewell to old Eossum the Beau..

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It necessarily follows from the evidence that Colonel Sparkss "Eossum the Beau" must have been written at least as far back as 1830. Wilsons must have been written be tween that time and 1840. I cannot exactly remember when I first heard Wilsons version, but I know it was before April, 1834, for then I first saw the venerable beau at Albany, Ga., present at a great horse-race, and who was pointed out to me as the author of the song, then So gener ally sung.
It is true that Wilsons song struck the popular chord, and superseded Sparkss. Why was this, and indeed why should either take with the populace and have "such a rum"? There is no genuine poetry in either, and there is language in both that should not bie repeated in the pres ence of ladies, and is even indelicate^ in the presence of gentlemen. I take it that, first, it was on a subject even; the most ignorant and coarsest of mankind could appre ciate ; and, secondly and mostly, the tune Was its charm,, as in. the cioarse song off " John Browns body lies buried in: the ground," which -was so much sung during the war and; soon after by the Federals, and was paraphrased and much: sung to the same tune by the Confederates. Colonel; Sparks says it Was ian "old Methodist hymn tune." If so., I cannot recall it, but if it was, I am sure it was excom municated as soon, as it was thus profaned by rowdies and worldlings. So if Colonel Sparks is right, his friend Cox robbed the church of a good old tune when he appropri ated it. to "Old Eossum the Beau." I am not sure that Colonel Sparks is right, but I am sure tfhere must be now living a few good old brethren and sisters who do know. Whatever credit there is in the verses belongs to Georgia, for both Sparks and Wilson were native Georgians and bom within six months of each other Colonel Sparks in

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Piitnam county in 1800, and " Beati "Wilson" in Elbert in 1801. OBotli are dead, iand I hope are singing the same tune to very different words, if indeed it was " an old Meth odist hymn tune."

<3teene.
The centennial ;of our national existence suggests a re currence to important or interesting facts in our national history. Among tOie latter, a little reflection reminds a Georgian that Savannah, the principal seaport of tlhe State, and her point of most historic interest, has two public mon. uments, commemorative of two distinguished officers of the great American revolution, both of whom are in un known graves. This gives to history something of the spice of romance. In regard to Pulaski, we feel assured his remains, .after interment, were not disturbed by human hands ; but as to General Greenes, we know they were ruthlessly taken from their place of firial rest and carried we know not where. It was in (honor of these two worthies the two Savannah monuments were reared. In connection with the disappearance of General Greenes remains, all that has been hitherto, positively known is that in June, 1786, they were deposited in a vault of the old cemetery az Savannah, and when sought for some thirty years after, they were not where they were placed, nor, after the most diligent search, then and subsequently, eoiild they be found, or could any clue to where they were carried be obtained. There is thus no doubt of the fact that they were secretly, without authority, and unlawfully removed. As to where, there cannot be even conjecture, for the want of the slightest <faet to begin with. Why they were so deported is a subject for conjecture, and from certain es tablished facts connected with the life, death, and obse-

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quies of General Greene, mate that subject an interesting one. That this misfortune should have befallen him who was next to Washington in the magnitude of his services, and in the estimation of the American people, and Who held the high rank of major-general, will never cease to "be lamented. Next to the pang <of losing a " loved one," is the knowledge that "no man knoweth his sepulchre." Indeed, time Converts such grief into a hallowed memory, hut a lost grave is a lifetime sorrow. Beyond this, where it. is known that there has been an indignity -offered the holy and honored dead, and grounds exist for suspecting that desecration has followed, the lifetime sorrow becomes a -never-failing fount of bitterness. The insult to General Greenes dead body was an insult to the whole nation, and so it has been and ever will be felt. It is literally a case where the whole people mourn. The ingenious malice which sought revenge by robbing the dead of his grave -and the living of consolation overwhelms us with mingled horror and wonder. But it was not to write an essay this article was begun, but to recur to !tihe interesting historical fact, to offer some reflections upon it, and to adduce a few new facts which will place this national calamity in a new light. And preliminary thereto, it will be interesting to reproduce the different versions of ithe lost remains that have passed into history, to show how error will originate, and even grow and flourish. JSTone of these, whether, written or traditional, although so much time (has elapsed for gathering information, present the true state of the case, while some are untrue in whole, and isome in part. Lossings Field Book of the Revolution says of General Greene: "His body was buried in a vault in Savannah on the day of his death, but owing to negligence in des ignating the one, a search for his remains in 1820 was un-

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successful." In a biography of General Greene by Pro fessor Greene, of Rhode Island, onie of his grandsons, he says, "It is not even known in what vault General Greenes remains were placed." Only a few years since General Robert- E. Lee visited the grave of his father, Light Horse Harry, on Cumberland Island, and returning to Virginia, began writing his fathers life, and therein stated that he died at the house of General Greenes widow, and that he was consoled in his last hours by the reflection that he was to repose by the side of his illustrious commander, Gen eral Greene. These statements touching the grave of Gen eral Greene, written and printed, will go down to the latest time, and are all erroneous.
I pass from these to what is tradition in the city of Sa vannah, and while1 it comes nearer the truth, and when originally put forth perhaps took the true shape, yet error has so crept in, prdbably from lapse -of time and defective memory, that it lacks much of the true version. Before giving that, it will aid in the understanding of it to state that General Greenes body, after having been brought to Savannah, "lay in state" at the residence of his friend Judge ^Nathaniel Pendleton. It is so stated, I believe, by Professor Greene. I suppose the professor applied to Nathaniel Pendleton the title of judge that he after wards acquired. He was then the attorney-general of the State of Georgia, having been appointed thereto by Gov ernor Telfair the March previous. Judge Pendleton was on General Greenes staff during the war, or, at least, dur ing Greenes services in the Carolinlas, with the rank of captain. It is to be- inferred that the making of Georgia his home by the general was the cause of Captain Pendletons citizenship. Having served three years in the office of attorney-general, he was, in 1789, appointed chief jus-

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tic - of tihe State. He, perhaps, held this office up to 1792, for he is put down as the last of the Georgia chief justices. He was succeeded :by John Houston, in that year, under a different judicial system, who was the first judge of the superior court. About this time Judge Pendie ton was appointed by President Washington United States judge of the district of Georgia. This is the same Judge Pendleton who was Alexander Hamiltons friend, second in the duel with Burr, and his executor, in the Stateof JSTew York, in the year 1804. This episode is deemed appropriate to show why and how General Greenes body lay in state at the residence of Attorney-General Pendleton. From this residence the funeral procession moved, and the last rite was performed by consigning the corpse to a vault in the old cemetery. From thence, until very re cently, nothing is known, or if known, not made public, except the printed versions given, and what I call the Sa vannah tradition that I now give in substance.
At the time of General Greenes death the feelings en gendered by the war were rife.. From tihie fight between the Whigs and Tories, followed by confiscation, the latter were bitter and revengeful. From some cause not ex plained, General Greenes body was placed in a vault owned by a loyal family of the name of jVlossman. From. this vault the remains were secretly and stealthily re moved. The supposition was, and is, that the family were indignant $hlat thfe remains of a rebel general should Tepose in their family tomb, and that they had them re moved. The story further was that the remains were re moved at night, :and sunk in ia pond then in the southwest ern part of the city. The pond appears on an old map of the city drawn in 1818, when the improvements did not extend beyond Perry street. Persons Blow living remember-

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the pond. It was -at .the intersection of a line drawn from Major Bowens old Pair Lawn House and Jefferson street extended. The spot is now built over, or filled up as a part of a street, and must :be near the intersection of Jefferson and Wayne streets, or gome other of the contiguous parallel streets.
Several years ago General Pinckney Smith, a native Georgian, of the legal profession, who was in ill health, and had for a long time retired from practice, had in Maeon, Ga., a discussion with a friend, as to the place of General Greeces grave. The general maintained, in conformity with history and tradition, that the place of his sepulchre was unknown. Having resided in Baker county, Georgia, some twenty-five years before, where also the late Phineas M. Nightingale, a grandson of General Greene, resided, and between whom and General Smith a friendship Was formed, lie wrote to Mr. N. to furnish him with, a written statement of (his version of -the matter. Mr. Nightingale complied, and furnished the paper which fol lows, but enjoined on General Smith that if he published it, he would state that the paper was furnished by request, and not volunteered. General Smith assents to its pub lication, deeming that by this explanation lie has com plied substantially with the request. . With those whoknew Mr. Nightingale, anything in commendation of him would be superfluous. He was born and bred a gentle man, lived a life of honor and probity, and died tiniversially lamented. His word, spoken or written, was always such guaranty of its truth that no confirmation of any sort was needed. In prosperity or adversity he proved worthy of his lineag-e by continuing steadfast to tihe principles in which he was reared.
"General Greene died at Mulberry Grove, a plantation on.

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~the banks of the Savannah river, in Chatham county, of what was supposed at the time to be a stroke of the sun, but more recent experience has ted to the conclusion that the ..attack Which laid him low in the very prime and vigor of manhood was one of congestive fever, brought on by ex cessive exposure to the sun, while attending to the laying out and cultivation of the gardens and grounds about his residence.
"His body was laid in the vault belonging to the Mul"berry Grove estate, which had originally been itikue property of Lieutenant-Governor Graham, and was, after its confisca tion, presented to General Greene by the State of Georgia. It was the impression of the family at the time of General Greenes death that this vault belonged to the estate, and passed into General Greenes possession with the rest of the Mulberry Grove property, at the time of its presenta tion to him by the State authorities. Upon the return, however, f Governor Grahams daughter to Savannah, after the termination of the revolution, a claim was laidby her to the vault as property not included in the act of confiscation. Her right to it was, upon examiniation, es tablished, but no formal possession being given or taken, the bodies of General Greene and his son, George "Wash ington Greene, the oldest son of General Greene, were not immediately removed. George ~W. Greene was drowned in the Savannah river very soon after his return from .France, where lie had completed his education, under the : supervision of General Lafayette. It is known certainly that at the time of his interment his coffin was placed by the side of Ms fathers in this vault, and it is supposed that both thus fell into the possession -of Governor Grahams daughter when she established her claim to this portion of dhe property ; at least such is the family belief, from the

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fact that When the vault was examined some years after for

the purpose of removing the body of General Green , his

coffin, which was certain of identification by means of a

silver plate upon the lid, with his name, age, and the date

of his death engraved upon it, and also that of his son,

were found to be missing, without a traee of the clause or

time of their removal, or of the place to which they had

been taken. At the time of this discovery tftiere was no male

descendant of General Greene residing at the South, and an

investigation had to be postponed until some years after

this fact- came to the knowledge of the family. Most thor

ough search has been made without throwing any light

whatever upon the place of his burial. All the facts and

circumstances developed by the investigation lead to the

belief that the coffins of General Greene and his son were

secretly removed and purposely interred in some unknown

spot, as an act of personal hostility, by the daughter of

Governor Graham, when the vault passed again into her

hands.

"Her character is said to have been one of great personal,

vindictiveness, and under the strong excitement of party

feeling it may have appeared to her a justifiable act of

vengeance to place the remains of those whom she deemed

unjustly benefited at her expense beyond the reach of fur

ther honors in an unknown grave. This solution of the

mystery which envelops General Greenes last resting-

place, though deemed the true one by those most nearly in

terested, is only traditional, as all parties immediately con

nected with the transaction had either died or left the

country and been lost to sight before any thorough inves

tigation could be accomplished.

"(Signed)

P. M. NIGHTINGALE."

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MEMORIAL.

From the foregoing statement of Mr. Nightingale, it is clearly proven
1. That the vault in which the body was placed wasknown.
2. That it was the vault in the old cemetery that "be longed t;o Mulberry Grove planitation, that had been theproperty -of the Georgia colonial rieittenant-governo<r, John Graham.
3. That after General Greenes body was thus deposited, and while Mrs. Greene was yet residing at Mulberry drove, a son of General Greene came to his death by drown ing in the Savannah river, and his body was placed by the side of his fathers.
4. That when General Greenes body was missing, that of his son was also missing.
5. That there was no mistaking the coffin of the general, as it had ;a silver-plate with his niaine engraved thereon.
6. I know, as a fact derived from authority eqiialiy as near the reliable as Mr. Nightingale^ that General Greenes son, at the age of nineteen years, returned to the United States at the breaking out of the French revohition, his education in France having been committed to General Lafayette, and hence his arrival in this country must havebeen in 1792 or 1793.
7. That for six or seven years after the Generals death his remains were undisturbed.
Conjecture must now eome in only to determine who removed the remains, and why they were removed. Thetradition in the immediate family of General Greene, thatthe removal was ordered by the daughter of Governor Graiham, either before or after she recovered the vault, is strongly suggestive of truth. It is not known, that any other being had a motive for such an act. It is known

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3(J5

that she had a motive, and not merely a motive, but the opportunity.
It will be perceived that in consideration oi the wrongs she doubtless felt, and from iher standpoint these wrongs were of-the deepest cruelty, Mr. Nightingale almost pleads for her pardon. She did not pause to reflect that the holding of the Graham confiscated estate by General Greene did not alter her condition, for it was first confiscated, and then conferred upon him by the State. If it had not been given to General Greene, and, like others, had gone into the " general coffers," it would likewise have been lost to her and hers. The repose of tttie inanimate body in the vault could not hurt amy one.
"Where, then, were the bodies removed? That has been, and is, and, we fear, always will, remain an unsolved mys tery. It may be that they were placed as the Savannah tradition has it, and coming down to us at this length of time, that much truth has been preserved. We see there is a close resemblance between the general fact that the body -was placed in a Tory vault, and the special one What it was placed in the vault of the loyal lieutenant-governor, who had owned Mulberry Grove. The questions remain ing to be solved may be a family secret now known among the descendants of Governor Graham in England. If so, at this date there is no reason Why all the facts should not be disclosed. In this way the place to which General Greenes remains were removed may yet be discovered. If the appearances against the Grahams are deceitful, and the Governors daughter did not have an iagency in removing the remains, where are we to look for a cause or a mo tive? Human ingenuity at this day can discover nothing else, and human knowledge at that day ascertained that, or something close akin to it.

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MEMORIAL.

From the foregoing there -will arise a curiosity to knowmore of Lieutenant-Governor Graham and his plantation of " Mulberry Grove." The plantation is on the Savannah river, above .Savannah, in the upper part of the county of" Chatham, within tide-water, and to get there by land, one rides twelve miles on the old Augusta road, and then takes the plantation avenue to tihe right for another mile. The communication tlhen .and siin.ce with Savannah was mostly by water. It was there that General Greene lived, and received his death-stroke; there his widow resided for a long time; -there it was that Whitney invented the cottongin; there it was that Mrs. Greene entertained General Washington on his visit to Georgia, and there the old man sion remained until destroyed by Shtermans mem in 1864. At the beginning of the Revolution the plantation and ap purtenances must have constituted a large and very valu able estate, as the following memorial by the lieutemantgovemor will show. It likewise shows that he had long been, a citizen of the colony of Georgia, and for thirteen years a member of His Majestys council ; that he was a man of large family, consisting of twelve -members (exclusive of servants), and that he and his -family lived in affluence.. But the memorial will speak for itself :
MEMORIAL, OF LIEUTENANT-GOVERNOR GRAHAM,
READ JANUARY, 1777.
To the Right Honorable Lord George Germain, His Maj esty's Principal Secretary of State for America:
The humble memorial of John Graham, Esq., LieutenantGovernor of the Province of Georgia, showeth that your memorialist has had the honor of being one of His Majestyscouncil in Georgia since the year 1763, and with zeal for theIvings service ever faithfully discharged his duty in that.

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' 367;

station, and humbly topes his services were acceptable toHis Majesty, having been lately honored with his commis-rion of Lieutenant-G-overnor of the said province.
That your memorialist, having from Ms steady and uni form opposition to the measures pursued for involving theprovince of Georgia in ittoe present unnatural rebellion, rendered himself particularly obnoxious <tio the leaders -of that party, he "was pointed out by them as an object for the resentment of the people, and on the 19th of January last was made a prisoner by the rebels, wMr Sir James "Wrighlt, His Majestys General-in-Chief, and though he was with, him Teleased, yet in a few days afterwards he received pri vate information that it was again determined to confine him, upon which he was obliged to conceal himself night and day in swamps for a Considerable time, exposed to all the inclemencies of the weather, until he fortunately made his escape on board the Kings ships, where-he remained till ready to sail for Boston, during which time Captain Barkley and His Majestys ship Scarborough and Major Grant, commanding a detachment of the Kings troops, hav ing in the course of their operations taken three prisoners who were deemed by the rebels of consequence to their party, a negotiation Was set on foot -for their release, which, on certain conditions, was agreed to, and, amongst other things, it was an ecspress stipulation made that your memo rialist should, on giving ten days notice to their committee, be allowed to bring away his family, and was at great ex-pense obliged to freight a vessel for that purpose. And on the 13th of May last he was, in consequence of the -stipula tion before mentioned, permitted to leave the province with his family, being twelve in number {exclusive of servants).. but was absolutely prevented, from bringing-any of.his-prop-

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MEMORIAL.

erty. Thiat -before your memiorialist had left tike province

the rebels had wiantonly burnt four hundred bushels of

riee, part of Ms laslt years crop, bad also in a great measure

destroyed a valuable dwelling-hoiise in the town of Savan

nah, and otherwise greatly injured his property. Your

. Lordships memorialist having, from principle and atltach-

ment to His Majestys person and government, ever ap-

proved himself a loyal subject and faithful servant of

the crown, claims no merit fro1 , having done what he

thinks was no more than his indispensable duty, but never:

theless humbly hopes his conduct may be the more favora

bly received when it is considered that it was at -a period

when he well knew that he was thereby resigning his all,

and has in consequence thereof been actually obliged to

leave ait the mercy of the rebels a fortune of fifty thousand

pounds sterling value, which, consisting chiefly in negro

slaves, will, in all probability, be disposed of by the rebels,

SO as to be forever lost to him and his family.

Your memorialist being thus cut off from all prospects of

supplies from his own estates, land being necessarily sub

jected to a great expense for the support of his family here

(hitherto accustomed to live in the greatest affluence), is

laid under the very disagreeable necessity of making this

application, and humMy hopes your Lordship, from a con

sideration of the losses which he has already sustained, his

present embarrassed situation, and the peculiar circum

stances attending his case, may be pleased to recommend

that a salary be allowed him as Lieutenant-Governor of

Georgia from the time of his appointment, as some relief

and assistance. And your memorialist, as in duty bound,

shall ever pray, etc., etc.

JOHN GRAHAM.

It may be noted in passing that Governor Grahams me-

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369

morial furnishes evidence that the-Georgia colonial officers were men of large wealth, for the times. Sir James Wright, the then governor, must have possessed more prop erty than the lieutemnt-governOr. It appears, from the case of "Wright vs. Simpson, in 6th Yes. R., that the mort gaged property that was taken as Security for a debt of ten thousand pounds.
Governor Graham returned to G-eorgia at a late period of the war, and entered the service off " His Majesty " against the rebels. In the disposition of the British troops at the siege of Savannah, in October, 1779, it appears in the plan of attack that "the Georgia (loyal) militia and detachment of the 4tJh battalion of the 60th " was com manded by Lieutenant-Governor Graham. At the same siege there was also a Major Graham, of the regular army, who commanded the " lighlt infantry." It is to be pre sumed that after the siege he retook possession of his estates and maintained it so far als was then practicable, but the rebellion being successful, he had to abandon the country and seek refuge in England. Of his after life, and when and where he died, I know nothing. His government, without doubt, made reparation to him for the loss of his estates, as she contributed and distributed large sums tO her loyal subjects of America.
His estates, estimated by him at fifty thousand pounds, then ait least two hundred and fifty thousand dollars in coin of our present money, was probably the heaviest con fiscation made by Georgia. Being a civil and military of ficer of the British crown, he received no mercy. The tenor of his memorial, together with his bearing, suggest that he Was a most worthy gentleman, and at this late day, after the asperities of the Revolution have all passed away, the generous everywhere must sympathize with him and his
24

370

MEMORIAL.

iri their misfortunes of person and estate. He bad a val uable borne in Savannah. Where was it located? Oan iiis vault in the old cemetery, where G-eneral Greenes re mains were first deposited and then stolen, away, be iden tified ? Who succeeded the Grahams in the proprietorslhip, for it is plain the Greenes were ousted and never afterwards asserted ownership? It was standing as late as 1815, and perhaps -as late as 1825, on Lafayettes visit, and was then well known as the vault -where General Greenes remains had been placed. In what court was the title to the vault tried? Is the record of the suit yet remaining? But per haps the controversy may have been settled by arbitration, or by a board of honor, or, after investigation, the property surrendered. It may also here be asked, can the house or ground from which General Greenes funeral proces
sion moved be now identified? This is all I have to say upon the subject of General
Greenes lost remains, but will take occasion to recur to a fact or two in his history transpiring after he became a citizen of Georgia. In March, 1Y86, he was tendered by the Governor and Council the position of associate jus tice for Chatham county, which he declined. He received in 1785 a challenge from Major Gunn-to fight a duel, which he also declined, and referred .the matter to his dear friend, General Washington, who approved his course. General, afterwards Governor, James Jackson was Gxmns second, but after learning -the grounds of the Challenge declined to act further. While a narrative of General Greenes life or any commentary thereon is both unneces sary and outside of the limits of this subject, yet, to revive the public recollection of the estimate in which he was and should be held, an extract from the eulogy pronounced

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371

on him by Alexander Hamilton before the Cincinnati So ciety in 1786, appears appropriate:
"As long as -the measures which conducted vis safely through the first amd most crdtical stages of the war shall lie remembered with approbation; as long as tlie enteiprises of Trenton and Princeton snail be Regarded as the dawning of that bright day which afterwards broke forth with such resplendent luster; as long as the almost magic operations of the remainder -o-f. that remarkable winter, distinguished not xaore by these events 1iban by the eixtra)oTdina,ry spectacle of a powerful army straitened within narrow limits by the phantom of military force, and ntever permitted to trans gress these limits with. impTiiiity, in wihicih skill supplied tihe place of means, and disposition was the substitute for an army; as long, I say, as these operations sihall continue tihe object of wonder, so -long ought the name of Green to be revered by a grateful country. To attribute to (Mm a por tion of tne praise which is due to the formation as well as the execution of the plans that effected these important ends, can be no derogation from, that wisdom and magna nimity which knew how to select and embrace counsels worthy of being preserved."
The purpose of this article has been to state facts, and not to comment On them. Besides the paper written by Mr. Mghtingale, much of the other material herein has been obtained from my friend General Smiiih, who is pos sessed of more curious and interesting historical information ttihan any gentleman of my acquaintance.

Hffairs at the Capital.
Writing of the first legislature that assembled at Milledgeville in 1866, Judge dark says:
It is sotta to <be observed that it is composed mostly of new men by *hait I -mean, those who leave had Ettle or noexperience in legislating, and not with regard to age. The two extremes had there met, for rjJhe twio houses were mostly composed of old and young men, the middle-aged being in .the minority. Tt was also astonishing to find so few who were minus a leg or an -arm from the late terrific struggle, and not many who had upon their per sons wars honorable scars. Taken altogether, they were a highly respectable body of men in appearance, and would favorably compare with any of our former legislatures. While there was a lack of experience, there was, no doubt, plenty of honest purpose an!d good sense, which gave am assurance of wise legislation. It is true many of the de feated candidates do not agree with me; but they must re member, entire strangers cannot, in so slhort a time, ascer tain the merits of every aspirant. On the contrary, I am informed Judges Harris and Walker, the successful can didates, whose judgmenits in this matter cannot be re viewed and reversed, believe the present legislature to be the very best Georgia has had since ithe days of "Tro-up and the Treaty"!
The question of the most interest yet before the General Assembly was the proposition, in the Senate, to abolish the penitentiary. It was thoroughly and ably discussed in that body, and was lost by a majority of only four votes. I

MEMORIAL.

STS

remember Messrs. J. A. W. Johnson, G-resham, Sitrozier, and Redding ias speaking against the abolition, -and Messrs. Turner, Summons, and O. L. Smitih in favor. The effort of Mr. Strozier was the ablest and most elabbrate argument I heard ion :any question at the capital; and to him, and that unpretending, plain and iard-senee old gentleman Mr. Kedding, of Harris we arte indebted for preserving the old institution, which has hid away from society so many malefactors. I say indebted, for I believe its abo lition would be a calamity. The leading arguments were the heavy expense to the State, and the failure to produce reformatffion to .any great degree. What might be a con sequence of the penitentiary system is mistaken for the original design. That VMS the proper punishment of crime, and if it should be an entire expense, and never reform one man, the community, in self-defense, must keep it up. It is true that with our penitentiary buildings de stroyed, and the courts in a state of semi-disorganization, crime does not receive its just punlishment; but it is unwise tio legislate permanently ion a temporary evil, and to the wisdom of ages which has rejected branding, cropping, pillorizing and whipping as cruel and barbarous punishments, and not preventive of crime. In the largest class of cases, we would have to return to hanging, perhaps1 do so in lar ceny if the thing stolen was the value >0f *he hangmans rope, as was once the law of England. From what I have said touching Uhe legislature, I do not want it inferred that there is a positive lack of "talent, business capacity, or expe rience. On the contrary, the president of the senate, Colonel Won. Giibson, and the speaker of the house, Colonel Thomas Hardeman, although young men, are "old stagers" in legislation. Each one makes an able and excel-

374

MEMORIAL.

lent presiding officer, and brings to bear a sitaviter in modowhich makes every member feel at ease.
Colonel Weems, the secretary of the senate, is an effi cient and experienced officer, and Colonel Waddell, theclerk of the house, gives complete satisfaction. From the pronunciation of the name, one would noit suspect him to be a lineal descendant of the renowned Professor Waddell. I confess I prefer the old pronunciation. It is suggestive of the men and times when the great scholar made his reputa tion. It is human nature to like a man better in the garb he had when you first fell in love with him, even though it may be country jeans, although he may afterwards appear fixed up by a Broadway tailor and be done up regardlessof expense. The senate is fortunate in having as a member Hon. Benning B. Moore >of Thomas. He is a sound law yer, has strong Anglo-Saxon sense, and is perfectly familiar With the routine of Georgia legislation. Among the risingmen, theote is J. W. A. Jdhnson of "WThitfieiM. He is em phatically a man of points. His perception is quick nothing escapes his vigilance. In feet, he has eyes all around his head. One will search in vain for his blind side. Sear him, and under one of the life-size portraits, sits Hon. Ohas. H. Smith, wfho has become celebrated as"Bill Arp." At first sight., one is disappointed in has ap pearance, as it is natural to expect to see one who has fun patent upon his face, and whose countenance woiild gener ally win a smile. A second look discloses the "lurkingdevil in his eye," and a temperament that revels in sly and quiet mischief. His bead and face indicate a mind farabove mediocrity. His features are regular and nicely chiseled. His height is rather below the medium. Add to that a fine form and graceful manner, and y<yii have a man whose "tout ensemble" are of a style Which, in the

MEMORIAL.

37

, old country, would be pronounced "aristocratic." It is nothing new for humorists to hide their "Waggery under a quiet or solemn mien. The contributors to the "London Punch" iare known by their "affidavit faces." Mr. "William Arp, above all, is a genltlemian modest in feeling and in demeanor whtose head has not been turned by the fame he has acquired. My acquaintance with him having been very slight, I forbore to ask after the health of "Bull Kun and Ohickahominy Arp."
From the senate I turn to the house, and there find an able lawyer and eloquent speaker in tihie person of Major R. 3. Moses of Museogee, chairman of the judiciary com mittee. His knowledge of his profession, and his wellbalanced mind, make him an almost indispensable member of the house. He is as pleasant socially as he is useful leg islatively. He is one of those gentlemen who (remind you of Byrons noted compliment to Sheridian, whten he said he was the -only contemporary who had excelled in everything he had undertaken. He had at once made the most elo quent speech in the English language on preferring the charges against Warren Hastings, and written the very best English comedy. Whether Major Moses addresses a court or a legislature, or indulges a leisure moment in the Frenchmans commentaries on Shakespeares plays, he is the same inimitable person. He was, during the war, commissary <of Longgtreets coups, and was known as the rara avis an honest and popular commissary. One of the most experienced and dignified members of the house is General George P. Haairason of Chatham. When Shermans army wenlt through the country, he had General Harrison arrested, although & private citizen, and had him incarcerated in a [Northern prison for four months, the pretext being that he had burned the bridges and felted

376

MEMORIAL.

the trees in itibe road in his front. (He is tfhe father of George P. Hatr-rison, Jr., who so distinguished himself as colonel of the gallant Thirty-second Georgia. One of the clearest heads, and most practical of the house members, is Mr. Kirby of Chatfcooga. I judge him to have fine tal ents, and I am certain he is an excellent tactician. He loots ahead, and prepares for it, and if an unexpected emer gency arises, he mil be found equal to it. He impressed me as the master spirit of North Georgia. Another promnient member from the Same section is Colonel Glenn of Whitfield. He is a man of decided (talents. All he re quires is study and prudence to make him able and formi dable, and perhaps a distinguished man. By prudence, I mean for him to do his best only when he has a subject worthy of his powers, and not to use all powers of his mind to allow a quack doctor to kill people secundwm artem, and to help a non-combatant ,to steal a soldiers wife. A fine specimen of a gentleman, and a rapidly rising man in Ms profession and in the legislature, is the new member from Richmond, the Hon. Claiborne F. Snead. Near him sits a low-set, strong-minded, useful member from Musoogee, Hon. Jameis M. Russell. Just before leaving I kept out of Ms way, for fear he would take me for a member who had voted against General Bentning.
Another experienced and able metnber is Adams, of Clarke. He has, and deserves to have, the confidence of his constituents. "Whether right or wFong, he adheres te naciously to his principles. He has a fine form and a handsome face the latter denoting (the poetic tempera ment, and reminds you of the refined features of Tenny son.
The senate and house have each its acknowledged wit. Mr. Paris, of Dade, reigns in the senate, and Mr. Swearin-

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377

gen, of Deeatur, in tibe (housed Paris has been several times a member, and persists in tying Ms cravat <m one side, under Ms left ear, thus reminding one of the hang mans vocation. Mr. Swearingen has been somewhat em barrassed this session upon the point whether it is better to be governed by principle or policy, and in Ms dilemma took counsel of am experienced Georgia statesman. I do not know the counsel, but it is suggestive that since Swearingen has been lecturing lthe members ion the neces sity of being governed by policy. !He says he finds no trouble in indoctrinating young men and old members, but old men who are here for the first time, like Mr. SttfozSer, are the dullest scholars be ever tried to teach. Mr. Swear ingen finds great sympathy witih the members, because of his losses, consequent upon an investment at am auction in Savannah. He has a taste for literature, but singularly his favorite book is Polloks "Course of Time," which is his traveling companion. Mr. Swearingen, nevertheless, is a good legislator, and an efficient member. Both houses have also their handsome men. There are Colonel Sim Mann of Crawford, Colonels Maddox of Elbert and Mad dox of Fulton, and Mr. Frost of Troup, who are fine speci mens of manly beauty. These gentlemen are nevertheless useful as well as ornamental.
Among the distinguished outsiders, I note Generals Benning, Cobb, John K. Jackson, and Colonel Blaadford. The latter went out as a captain in the Twelfth Georgia, lost his arm at McDoWell, and was afterward a member of the Con federate Congress. He is the prince of good fellows, has a taste for literature, and very properly prefers gdod books. There is another distinguished gentleman whose acquaint ance I made in Milledgeville a Frenchman, just arrived, Monsieur Charles Farre. He is handsome, bright and

378

MEMORIAL.

sparkling, but, like all! Frenchmen, has a way of suddenly disappearing. His visit to tlhas country is entirely a social one. He wishes to establish with. American society that "entente eordiale" wMch nations talk so much about. His mission, so far, has been very successful. Should he visit Macon, I have no doubt he would be welcomed by the larger portion of the population. I would, however, ad vise some to be on (their guard against his fascinaltion. Too much of his society is corrupting to young men.

Cutbberts Career,
The newspapers of the country have been very brief and meager in their notices of the death of the Hon. John A. Cuthbert, which occurred at his home on JVlon Louis Island, near Mobile, on the night of the 22d of September. Yet it was one of the moslt notable events in the necrology even of this present year, which has been marked by the dealtih of So many eminent and remarkable men. It was the end of a life distinguished, not only for its great length, but for its association with some of the most remarkable passages in American history.
Judge Cuthbert was ninety-three years old. He was born in Savannah the year before the constitution of the United States went into operation. The old articles of confederatiocti were then in foree. All the settled parts of the coun try, now constituting the States of Florida, Alabama, Mis sissippi, Louisiana and Texas, were then Spanish territory. It was before the outbrelak of the first French revolution. Napoleon Bonaparte was an obscure lieutenant of artillery, and Walter Scott an apprentice in his fathers office. Ed mund Burke and Benjamin Franklin were still living. George Gauming and Henry Brougham Were college stu dents, Oalhoun and Webster were little children, and Henry Clay was riding astride his meal-bag in the Hanover slashes. He was born in the same year with Byron and Peel. He was nearly twenty years in advance of Bulwer, and Beaconsfield, and Robert E. Lee, just twenty years Senior to Jefferson Davis, and still more to Lincoln and Gladstone. He was -a member of Congress (in his second

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MEMORIAL.

session) when John. C. Breekinridge "was born, and was a middle-aged man ait the birth '-of Gkrfieild.
Other mien may be living, as old >or older none are left of like age, who have been so conspicuous as actors in great (historical events. Judge Cutihfbert salt in tlhe house of rep resentatives, as a member from Georgia, more than sixty jeans ago. He was there from 1819 to 1821, the memora ble period when the Missouri question was agitated that question which shook the Federal Union, to its foundations and foreshadowed the conflict that culmi nated in war more than forty years afterwards and took part in its discussion. In that Congress he was the contemporary and associate of Olay, and Mlacon, and Lowndes, and Randolph, of Rloamoke, arid Rufus King of ]Sew York, and William Rufus King of Alabama, and William Pinckney of Maryland, and Charles Pinckney of South. Carolina (on of the authors of the eoristitution), and the Barfxmrs of Virginia, and a -host of others (both in the senate and the house), eminent even in the days when there were statesmen in the land.
Some years afterwards he was a competitor of the cele brated John Eorsyth, before the Georgia legislature, for election to the United States senate. The vote was a tiie on repeated ballots, and he -was defeated only after the contest Wad been continued into- the second day.
He removed to Mobile when nearly fifty years of age, served two terms as judge, first of the county, and then of the circuit court, and afterwards continued to practice law until the end of his life, a rare example for this country of the prolongation of intellectual vigor and activity. Less than six months ago a Pensacola paper mentioned his arri val at that place to attend to an importaint suit before the United States district court, and his name appears more

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than once in tfhe reports of the supreme court of Alabama during the last few years, as of counsel in eases submitted to that tribunal.
The writer of tfhis article had an opportunity of hearing him once,, and once Only, in ia political speech. This was in Mobile during tfhe agitation of the Know-!Notihing ques tion, aboult twenty-five years ago. It was a speech of great vigor and characteristic firmness and fearlessness. The Know-Nothing party was tiien prddottniuiant in Mobile. The mystery enfehrouding it, and the secrecy of its meth ods and operations, had rendered it an object of some dread, and its opponents were in general very cautious in express ing themselves on the subject. Judge Cuthbert, however, was outspoken iand uncompromising in his denunciation of the whole movement as a"relic of barbarism." He was then nearly Seventy years old, and it was probably the last public speech that he ever made on ia political question.
These reminiscences are given mainly ate introductory to a more interesting and precious souvenir itff the venera ble jurist (and statesman, which tflne writer is fortunate enough to possess. This is an autograph letter written about a year before this death, in answer to a request for his recollections on some questions relative to the Missouri compromise.
The first of these questions, briefly staited, was, whether the compromise was at the time of its adoption considered to be, in the main, (a Northern or a Southern measure.
The second may be best understood by an extract from the letter of inquiry, in which it was stated as follows:
"Again: I find, from Bentons Abridgment of Debates (Vol. VI., pp. 570, 571), that on the 2d of March, 1820, Mr. Kandolph, of Virginia, in itihe house voted against the restriction on Missouri, which was defeated by only three

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MEMORIAL.

votes 90 to 87, and abstained from voting on the com promise proper. The next day (March 3d) Mr. Randolph moved to reconsider the vote on the restriction (or rather on the admission of Missouri), but "before the speaker (Mr.
Clay) would entertain the motion it was declared that the action of the Mouse had been communicated to the senate by tihe clerk, and that therefore the bill was mo longer in the possession of the house. "Whereupon Mr. Randolph submitted a resolution censuring the action of the clerk, which, was defeated yeas 61, nays 71. Mr. Archer, of Virginia, acted with Randolph, both in voting and second ing his motion to reconsider,
"I am at a loss to understand Mr. Randolphs motive in moving a reconsideration. of that vote which defeated the proposed restriction on Missouri., as well as tihe proceedings by which the speaker and the clerk seem to have thwarted his purpose. Can you give me an explantion of it ? "
In reply to these inquiries the following letter was re ceived :
"Mom. Louis Island, Ala., August 4th, 1880. "My Dear Sir: I have received your letter of June 27th, making inquiry of my recollection of the passage of the Missouri Compromise. I will readily give you my recollections, and this is not an unpleasant labor. I say in advance that parts of tihe occurrence referred to may have passed from my memory, but my present recollec tions of What I do rememiber .are clear and certain. "I now say that at the time the Missouri Compromise was under consideration and was estajDlMied by an act of Congress, I knew distinctly that it was a Southern measure. "The people of the Territory of Missouri had previously applied to Congress for admission into the Federal Union as a State. They exMMted a constitution, which they had

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framed for their future government as a State, and this constitution made no provision touching the matter of slavery. This application was rejected by a majority in Congress.
"I iliave no personal remembrance of this application or its rejection. I believe they occurred alt the session next before I went into Congress; but it was universally under stood in Congress that this application of Missouri Was re jected because of a general opposition in the Northern States to the admission of another slaveholding State in the Union.
"The Souiihern people were dissatisfied with tihe rejec tion lof Missouri, because it seemed to indicate a design in the [Northern States to exclude the people of the Southern States from an equal participation in benefits from the territories. A committee of the house was appointed early in the session to attend to matters relative to the admis sion of Missouri into the Union. I was on that commit tee, and attended its meetings. I remember that I met several members of the house ait its meetings, but do not recollect that I ever saw a Northern man there.
"Some one suggested the scheme of extending Mason and Dixons line (the northern boundary of Virginia) west ward through Missouri, making a geographical division of ifhait territory, and that the people of that territory should form a constitution which Would exclude slavery from the portion of the territory lying north of this line, leaving the people of the territory free to act for themselves in the matter of slavery in the part of the territory isoutth of this line. This scheme Was quickly adopted by the South ern men, and was zealously advocated by them. It was accepted by the people of the territory, and was carried into operation as far as depended on them. This was the basis

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of the Missouri Compromise. It was approved by Mr. Lowndes. a Democrat who* bad the reputation of being the wisest and beslt statesman in Congress. I bore a part in a prolonged discussion to which, it gave rise in Congress.
"Before >t3ie time of voting I knieW, by name and person ally, every Northern memiber who was expected by the Democratic members to vote for the compromise. Among these were Meigs, a representative from New York, broth er-in-law to !the elder John Forsytih, and Storrs, also a rep resentative ;from New York, a respectable man and a Democrat of high talent. There was a young member from Illinois whom I knew well, who tdld me repeatedly that he would vote for the compromise, and who Mt a fear that he wiould lose popularity in Illinois by such, a vote. They made a short test. I knew that a large majority of Norfhern members voted against the compromise.
"I know nothing of 1fhe redord to which you refer. To conitradictt a record by unwritten recollections is contrary to tihe established rules of evidence. False enitries may be mad in records. I know that my recollections, ^as herein sitated, are correct and certain declaraltionis of truth.
"Southern members, in voting for this settlement, knew that they were making a concession. But Northern men were making a larger concession in agreeing to admit tihe Southern part of Missouri inito tihe Union without restric tion as to slavery. Here was another slavenolding State in the Union. Tlhis was regarded by Southern men as a great victory achieved by the South.
"The exclusion of slavery from northern Missouri was agreeable to the sentiments of the people on whom it was to operate; it was therefore no grievance to us.
"All my recollections harmonize with the belief that the

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Missouri Compromise originated with Sou1tihe<rn men, amtE that it was carried into Operation by Southern men.
"I can explain in general terms the course of Mr. Ran dolph, in relation to the Missouri question. He was anx ious to maintain the comparative superiority of Virginia (the ancient dominion) in the Union. He was opposed to admitting into the Union another State west of the Missis sippi. As the empire extended westward, Virginia lost comparative importance. He was opposed to the admis sion of Missouri. But fas the people of Virginia were zeal ous for the admission of Missouri, hie would not oppose it openly, but lie would covertly prevent her admission. This was developed in proceedings by which Mr. Monroe was the second time declared president. The vote of Missouri for president had been given, bv*t there was some ground for doubt whetiher Missouri hiad a right to vote. It was agreed in the senate that its president should announce the result inUhis way: If the vote of Missouri be counted, Mr. Monroe has 231 votes, which is !a majority of the votes; and he is elected president of the United States. If the vote of Missouri be not counted, Mr. Monroe has 228 votes, which is a majority of the votes, and he is elected president of the United States.
"The senate had been received into the hall of represent atives, and the president began to make the proclamation agreed upon, when he was interrupted by Mr. Randolph, who made a motion to amend the proclamation, and began an argument in support of his motion. A cry of Order! Order! was made from aill parts of the hall. Mr. Ran dolph ceased speaking, but retained his place upon the floor. As soon as silentee was restored, Mr. Randolph again attempted to address the presiding officer, when the cry of Order! was again raised by a greater number of voices and
25

386

MEMORIAL.

in a more imperative tone. Mr. Randolph yielded and

withdrew, uttering abusive language in a passionate tome.

The president of the deflate then made the proclamation

that had been agreed on.

With high regard,

"JOHN A. CUTHBEKT."

This letter gives mo evidence of the great age of its

author, either in handwriting or style unless it be in

some superfluous verbal repetitions. Whether from this

cause, however, or some other, it is certain that his recol

lections were at fault on the main subject ito which they

refer. He makes the commlon error of confounding <the

two distinct and separate questions -which constituted the

"compromise." One of these was tShalt of the admission of

Missouri with a conistitultiion contiaining nO prohibition of

slavery. On this the South was absolutely unanimous,

no Southern, member voting against it in either house,

while the Northern members were nearly as unanimous in

opposition to it. The other measure, which wias really and

properly the "compromise,"consisted of the adoption of an

arbitrary line <otfi demarcation for all future States to be formed out of what was then ithe Missouri territory those

north of that line to be required to prohibit slavery, while

those south of it might exercise their own judgment. On

this question the Northern voite wias nearly unanimous in

its favor in both houses; the Southern vote was divided, but

a majority in each house in the negative.

Judge Cuthibert also seems to confound the proposed ex

tension of Mason and Dixons line with the line ultimately

adopted, more than three degrees farther south. South

ern members might very naturally favor the one but op pose the other. His remarks with regard to the discrep

ancy between his recollections and the records (that is, in

the journals of Congress which had been referred to) are

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i

characteristic of the tenacity of purpose and opinion for which lie w<as somewhat noted. Writing sixty years after the events referred to, and having himself, although of the SoutJhern school in politics, been a warm advocate of the compromise, these mistaikes were not unnatural.
With regard to Ithe action of Mr. Randolph (of Roanake), Judge Outitterts explanation is as satisfactory and his recollections no doubt as correct as they are interesting. Indexed, the whole letter is highly interesting, not only on .account of its writer and its subject, but because it is undoubtedly the latest account of the events that has been or ever will be given by any of the actors in thlat great and memorable contest.

%aw IReforms,
It has been established beyond question that the presentlaw code of Georgia, completed in 1860, and which, went into effect on the 1st of January, 1862, was the first in stance, where the common and equity law of England pre vailed, of reducing the common law and principles of equity to statutory enactments.
This suggests another assertion, which, -though strange,, is true1 that Georgia, the youngest and greatest of theoriginal United States, has taken the lead in judicial re form and kept it.
The Georgia judiciary >act of 1799 is often cited as thefirst innovation upon the item, existing system of pleadingPrior to tihat, what is called special pleading prevailed everywhere. This system was unfavorable to justice, be cause --the case was liable to, and often did, turn upon tine skill of the pleader, instead of evidence and justice. The consequence was that often Justice lay bleeding in her own temple, and the blind goddess was -helpless to avert it. Theautfhor of this reform should be known, and live in thehistfory of the State; but, like so many transactions of the far past, the author is involved in some doubt, because his contemporaries are dead and the records either lost or destroyed. But, before discussing the authorship, it is well to correct one popular error, and that is that the man who originated the act of 1799 is the one who is eoititled tocredit for the change in the system of pleading. Theaet of 1797 was intended to make tlhe latter more complete, and yet the change is known in history by the date of the

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389

amendment, and not by that of the original act. Then who is (the author of the tact of 1797? The journals of that year of 1799 are to be found in the library department of the Staite capitol. As at present informed, we must depend for our information upon tradition, acnd tradition Sometimes conflicts, as this instlanee will show. The gen eral understanding, so far -as my informatian extends, is that the elder Judge Stiih was the author of the judiciary act of 1799. Rev. Dr. White, author of the "Georgia Historical Collections," told the writer more than thirty years ago that in his search for historical materials he had discovered that Judge Stith was the author of the judiciary act of 1799. But if such is true, the question, arises, was he solely the autibor of the amendment referred to, or was he the author of the original act only, or was he the author of both ? If the author of the amendment only, then tthe author of tihe original act is entirely unknown. But taking it for granted Judge Stith is the author of either or both, it is strange how little is knowm of Mm. His name as a judge of the superior court, or of any other court, is not to be found in tihe records of our Department of State. It may be in. the Executive Department. And yet tihe records of the superior courts of some of the counties now comprising the North ern circuit attest the fact that Judge Stith presided therein in the year 1794, two years after the present superior court system was established. These counties may have then been in the Western circuit. Tradition also tells us that the first Judge StMi had a son who afterwards occupied the same official position his father did. There is likewise no State Department record of him. What is the history of Judge Stith, and who and where are his descendants? Any one who can answer this question will make an interesting contribution to the history of the State. But now come

390

MEMORIAL.

in the errors that may creep into tradition. Judge Junius Hillyer, who is old enough, tto have talked -with, the men of these times, and did talk with some of (them, says the infornation he got from tihem was that Abraham Baldwin was^ the auithOr of the judiciary act of 1799. Can it be tihat Judge Stith was the author of one act, and Abraham Baldwin of the other? The author, whoever he may be,, of tihis reform in pleading deserves to be rescued from Oblivion, and to go down to ith-e latest "posterity with the credit of bis achievement. While tfhe authorship may be in doubt, (the fact remains that to Georgia belongs thecredit of this important judicial reform.
We now pass over a period of nearly sixity years (front 1797 to 1852), and we find further reform on the same line and subject. The act of 1797 required the pleader to pi ainly, fully and distinctly set forth his cause of action; but the act of 1852 said you need not do this, provided you comply with certain forms it established for different kindsof actions. These forms have come into general use, and have stood the test of more than a third of a century. The precendents not long after were followed in England. I heard Chief Justice Lumpkin announce this from the su preme court bench, and say it was sufficient to make their author immortal. And yet, how many of the present gen eration of lawyers can tell you of their author? They may have heard them called "<the Jack Jones forms," but what do they know of Jack Jones? Jack Jones was the Hon.. John A. Jones, of Paulding county the father of Captain Jack Jones, of Atlanlta, whom we hear so frequently called "Treasurer Jack, and the brother of Seaborn Jones, of Columbus, whose highest station was not official (although he had held several), but was the foremost lawyer of all Georgia in his palmy, days. Judge Jack Jones lived to be

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391

about ninety years of age, and died not many years ago, after a long and active life, during which he was well known throughout all of ante-bellum Georgia.
The next period in our judicial reform came a few years after, in the making of the Georgia code. As I demon strated from the records in my previous letter, the author of the scheme of that code, embracing its distinguishing fea tures of reducing the common law and equity principles to statutory enactments, "Was George A. Gordon, of Savannah, Ga., "while a memJber of the legislature in 1858. He was the oldest son of "Win. "W. Gordon, of that city, who -died in the year 1842, and a brother of the present member of the legislature from Chatham county, of the same name as his father. The father was a well known lawyer and politi cian -of Savannah often a member of the legislature, but best known as the first president of the Central Railroad and Banking Company. A splendid monument stands to perpetuate him in the park on Bull street, in front of the court-house.
George A. Gordon was advancing rapidly in law and politics when the war checked his civil career. He served bravely and faithfully through the war, closing his career with the naink of either colonel or brigadier-general. After the war he moved to Huntsville, Ala., and there died some ten or twelve years ago.
While George Gordon was ithe author of the scheme of that code, the late General Thbs. R. R. Cdbb is entitled to the exclusive credit for ithe execirtion of its said distin guishing feature. He was perhaps the only lawyer in Georgia already equipped for the performance of the task. He is a well known Georgia historical character, and any thing I should say of him would be superfluous.
There are three general and radical reforms in the judi-

392

MEMORIAL.

eiary of the State, but they are by no means all the improve ments in that respect. There are many laws in the code, from the early history of the State up to recent years, yet further repealing or altering old laws or making new ones, which aid in tlhe perfection of our whole body of laws anid should redound to the credit and even glory of their authors. They are too numerous for recital, here, but I would suggest to the Georgia Bar Association to appoint some competent person tio repont upon the improvemente of our laws from the foundation, of the Stiate to a recent period, and to name the authors of <them, flhat justice may be done tlhe dead. "Honor to whom honor is due" should always be given, anid it is a greater justice to honor the noble dead iftban the living. Most prominent among our wise and useful legis lators will be found tlhe names of Andrew J. Miller and Francis H. Cone. Then the members of that association Should live up to the Latin maxim which should govern all such organizations, "non Sibi 'sed omnibus."
In view of the leading part Georgia has taken, in judicial reform, I think her sons may jusifcly be proud of her. It is not only in this Georgia excels. The integrity and enter prise of her citizens and the value of her promises to pay are exceptional in these times of general depression. In fact, every one must admit Georgia is :a great State, and will stand side by side with the greatest of her sister States. If Georgia would only correct herself in two particulars, she would be as perfectt as humanity can be. These are to surrender her bias for low salaries and her love for sheepkilling dogs.

Gbe (3eotGta Cobe.
A code of laws for Georgia first assumed practical shape with. George A. Gordon, of Ghatiham county, who was one of the members of tine legislature of 1858. Colonel Gor don had inarmed in Huntsville, Ala., ,and from his visits to that place had become familiar witfh the code of Alabama, published in 1852. Becoming ia member of the Georgia legislature, he made such representations of the utility of the Alaibama code ito !tlbe other members as to satisfy them of the necessity of ome for Georgia, and a law to provide for its preparation was enacted witihout opposition. Having heard from time to time a different version of the >origin off the code, I examined the journals iof 1858, to see if the in formation given me was correct, or if I had. been under a wrong impression for the last twenlty-six years, and I found I had not been in error.
In the house journal of 1858, -at p. 96, it will appear tlhat Mr. Gordon, of Chatham, on November 29, introduced tihe following bills:
"A bill to be entitled an act to provide better means for the navigation of Rommey Marsh."
"A bill to be entitled an act to provide for the codifica tion of the laws of Georgia."
"A bill to be entitled an act to incorporate the Savannah Mour Mill Oompamy."
"A bill to be entitled am act to amend the act to incor porate the Orphans Home of the Protestant Episcopal Church in Chatham counity."

394

MEMORIAL.

"A bill to be entJtled an act to incorporate the Ogletihorpe Ligfht Infantry."
The bill which Mr. Gordon, of Chatham, introduced to provide for the codification of the laws of Georgia became a law in December, 1858, and will be found in the laws of that year at pages 95 and 96. The most material portion of it thus reads:
"Thalt it shall be the duty of said commissioners to pre pare for the people of Georgia a code, which shall, as nearly as practicable, embrace in a condensed form the laws of Georgia,, whether 'derived from the common, law, the constitution of the State, tihe statutes of the State, the decisions -of the supreme court, or the statutes of England of force in this State, and shall ~be mo-deled, if practicable, upon the present code of Alabama."
The italics in ttfhle aibove quotation from the law are my own, for the purpose of dalling attention tihialt the law pro vided in express terms for the codification of the common law the decisions of OUT supreme court, and to be upon the plan of the Alabama code. All the provisions of the law were, in the original bill, introduced by Mr. Gordon, except the provision for including "the Statutes of England of force in this State," which was added by amendment in the Senate, and offered by John A. Tucker of Stewart county.
The journals and the law thus firmly established the claim of the origin, plan, and scope of the present code to Colonel Gordon. He Was the son of W. "W. Gordon, the first president of the Central Eailroad Company, and the brtrtiher of the present member of Hhe house from Chatham of that name. About twelve years ago he departed this life at Hnntsville, Ala., to which place he moved soon after
war between the States." He inherited the first-rate

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395.

practical ability possessed by his father, and -was one of the rising lawyers and politicians of the State at the time of his removal.
The law provided for three commissioners of codification, to be elected by the legislature. Iverson L. Harris, David Irwin, and Herschel V. Johnson were elected. Judge Harris and Governor Johnson declined to serve, on the ground that it was impracticable to codify the common lamr and the decisions of the supreme court. In the recess of the legislature .Governor Brown appointed in their stead Thiomas R. K. Cobb and myself, who were elected at the succeeding session of the legislature.
The reason given by Messrs. Harris and Johnson fordeclining Was a grave one, and very generally sustained by the profession in tihe State.
It -then became difficult to find a lawyer who (had the necessary qualifications and had confidence in (his ability to codify the common, law and the decisions of the supreme court. From "a survey of the field," Governor Brown thought Tom Oobb the only man in the State who pos sessed these requisites. He was among the first of scholars, he was thoroughly read as a lawyer, and had been and them was a professor in the law school of the State University. He was freshly familiar with the elementary principles of law and equity to be found in the text-books, and had per haps lectured to the classes upon every branch of the law.. Thus he was, by reason of these advantages, the only law yer in the State already prepared and equipped for the work. This being the case, he was assigned the second1 part, called the "civil code," and the fourth part of the penal laws. The penal laws had been codified aince the year 1833, and needed only slight skill and labor thereonI believe it is now generally admitted by the profession^

396

MEMORIAL.

after the work of Mr. Cobb and an experience under it of more than- twenlty years, that his eiodificatdon <x the com mon law, and the general principles of law prevailing in this State, is a success. A few of the ablest of the profes sion yet donbt the wisdom of the undertaking.
Buft while General Cobb executed the most difficult part of tihe cod!e, and tlhat requiring the most learning, yet, as a work, it is not "mainly" his. The other commissioners ^eatformed -tihe work assigned, to them to tihe satisfaction of General OoWb and tihe committee of the legislature, the latter going through the code seotioia by section.
It must not fee presumed from the above form of State ment thalt each codifier confined himself to the part as signed him, for each part passed under &e review of all, (and was changed or amended as agreed upon. As to ifhe mere matter of labor, there was mote work done on. the .first than on any other -part, as will be apparent from the number of its sections, and many of the sections first pre pared for it were transfered to the otfher parts. The first .part, prepared by IJhe writer, is the "Political and Public Organization of ititte State," and much that is there even whole ohapteirs or articles was makle without any or very little legislation as a basis;. These were necessary to give a (better system of laws, and to harmonize with existing laws. Such have very generally stood the test of time and practice. It is not necessary to the reputation of General Oobb to give him the entire credit of the code, and it is an injustice to his eolalborers. I arn sure, if he were living, he would be prompt to disclaim it. It is conceded by tihe commissioners -andby all informed upon the subject that his task required more learning than that of any other; that he succeeded in it when other learned men thought it impossi ble; dhat for this he is entitled to the first place among the

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397

commissioireTS and the fame which Belongs to it, but not

so that that fir^t place shall entirely ignore the otters.

When the law was passed for itihe preparation of the

Georgia code, there were, as I recollect, some five or six

codas in operation in otiher States, and for several years I

can recall the codes of Virginia, Alabama, and Tennessee.

I think California also has a code. These were not "codes

of procedure," but the whole body of the statute law of the

respective States. Virginia tihen had the second edition of

her code. In adopting !t)he first edition, the legislature sat-

for six months, exclusively for that purpose, and went

through the code, adopting it a section at a time. The code

of Georgia was the first to put genteral principles of law and

equity, in the shape of statutory enactments, in the embod

iment of the laws, and so far as that goes it is, I believe,

the first yet, but it is nevertheless only a code of laws, and

therefore not tihe first code of tihe United States that was

not a "code of procedure only."

The purpose with wfhich the foregoing is written is, in

th first place, an attempt to promulgate the facts connected

with the origin and progress iof the Georgia code; and, in

the Second place, but on the same line of trutih, to maintain

that David Irwin and myself were fbwo out of tihe tihree

commissioners, and that we did IOUT duty faithfully and cred

itably. This society world we all have to live in is a strange-

one. One of itihe many strange ways it has is to award to

swrne men credit for everything ttihey do, and to others credit

for nothing thev do. It is my misfortune to fall in the

O

/

tj

latter -category. I will bear it as cheerfully as I can, and

will only openly protest, that errOr may not prevail. There

is an old maxim of "Friends dear, but truth dearer." It is

in this spirit tMs communication is made, and not to com

plain of :or to raisfe issues with any one who may have sim

ply adopted some popular error without knowing it.

H {Tribute of 1Lov>e.
The sense of grief which I feel in the. deatih. of Judge "Ridhard H. Clark partakes too much, of the -mature of a per sonal bereavement to lend itself reiadily to -words. Nev ertheless, I gratefully appreciate this opportunity of laying my simple tribute upon his gr&ve.
To say *h!at I entertained, for Judge Clark deeper and stronger feelings of attachment than are commonly implied in the meaning of the word friendship is to speak the truth without extravagance wr affectation. To me he was one of the noblest and most generous of friends; and much, of the inspiration which. Was come into my lifes work I owe to the advice and sympathy which he bestowed upon me freely at all times. What measure of loss I feel, therefore, in the death of suefh. a friend my heart alone can appre ciate.
Aside from possessing in a marked degree those sturdy traits of character which render life heroic, Judge Clark also possessed in rare measure those softer qualities which render it attractive. In many respects he was my ideal cav alier. Old age never impaired his allegiance to <tfhe fair sex, nor restrained him in the least from paying to woman that measure of deference which, he felt to be her due. With him courtesy was <noit la borrowed guise, but a knightly radiation, from the man himself. In reflecting upon the mingled qualities which, imparted such a charm to the char acter of Judge Clark, it seems to me that, more than any other man I ever knew, he embodied the graces of the old school of Southern manners, and illustrated the conception

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399

which the poet must have had in mind when he wrote of one who
" bore without abuse The grand old name of gentleman."
In one of his quaint esays, Emerson wisely observes that the surest way lto make friends is (to be one. This bit of philosophy is strikingly exemplified in the life of Judge Clark; for if any man ever possessed a warm, generous heart, overflowing with love and sympathy for his fellow men, surely that man was he. Though rigorous upon the bench, and ofttimes harsh in rebuking evil-doers for the wrongs which brought them to the bar of justice;, this sever ity was not congenial to one of his forgiving nature, and sprang only from the stern compulsion of a Romans sense of duty. Unhappily, it Was not my privilege to know Judge Clark in What may be called the judicial phase of his charac ter; but in knowing him as he appeared to those who came within the mellow influence of his social charms, I feel tihat I knew him at his best. Many indeed were ithe hours which kindly foct-tune permitted me to spend in conversation with this best of all talkers for who ever possessed such a rare fund of infornnatdon concerning men and measures as Judge Richard H. Clark, and Who could dwell more charmingly upon the past? As to his knowledge of genealogy, it was something marvellous. Indeed, wMtuOUt the least exagger ation, it may be said thatt he had at (his tongues end tfhe combined records of most of the family Bibles in Georgia. I remember saying -to him on one occasion, "Judge, why dont you embody your recollections in book form?" "Ah!" said he, with a touch of sadness, "Im kept too busy in the court-room. If I could afford to retire from the bendh, I would spend tJhe remainder of my life in literary work, for nothing suits me better than to write; but I

400

MEMORIAL.

must give up such a ttought for the present." Alas! there is no telling what Georgia has lost- through the inability of Judge Olark to devote itfhe quiet eventide of his life to more congenial labors Uhlan 'those, which fettered him with irk some bonds to the dull, prosaic routine of the bench.
"While Judge Olark possessed the happy faculty of en dearing himself to almost every -one with whom he came in contact, there1 was something in his genial nature which was especially attractive to young men. He could never do too much, for those who were starting out in life, and, nat urally, the interest which he took in their ambitious strug gles secured for him a warm place in their affections.
Though much of the element of Sadness mingled in Judge darks life, seldom did it find its way into his con versation or darken, the play of sunshine upon his features. Even to the last he was the same jovial and kindly-hu mored old gentleman. Only a short time before !his death I called to see him at the Markham House; -and though I found him pale and emaciated, with the light of another world in his eyes, there was, nevertheless, a merry ring about his voice whidh seemed to scorn the shadows which were gathering albout his form. On this occasion, he placed in my hands a little volume which I shall always treasure with sacred care. "That is a copy of "Wildes Summer Eose, my favorite poem," said he, " and I want you. to keep it. In after years it may remind you of your old friend, Judge Clark. On the fly-leaf you will find that I have inscribed, it to you with my own hands." Such is a fragment of the last interview which I ever had with him. Words fail me to dwell upon it further. When I saw him again, itihe face which had looked so kindly upon me only a short time before was cold in deatih, and tihe heart which had throbbed in such tender sympathy with mine was

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401

dumb forever. Would that I could frame some fitting

tribute to the memory of my noble friend; but, alas, I

cannot. In the bitterness of my grief for one whose friend

ship in life was so1 precious and inspiring, I realize the

utter vanity of human speech. Fare thee well, thou

golden-hearted gentleman! Did I not feel that in some

higiher sphere thine eyes had opened to tthe light again, I

might soothe my aching heart with this persuasion: that

sweet, indeed, would be thy rest in dear old Georgias lap

if the love which thou hiast kindled in the hearts of others

could return to light thy dreams, and that fairer than any

wreath of spring would be the turf above thee if the virtues

which adorned thy life could blossom into flowers upon thy

breast!

. L. L. KNIGHT.

En Interesting %etter.
ORLEANS, LA., 22d September, 1897. My Dear Mrs. Wylie: It gives me pleasure to learn that a volume of the writings of the late Judge Kichard H. Clark, edited by yourself, is soon to be published. I had been happy if circumstances had permitted me to share with you the labor of love in which you have been engaged in the preparation of this volume, not that any interest or value could have ibeen imparted to it thereby, but that I might in that way have testified my affectionate remem brance of him whose name dts pages will commemorate. Absence from Georgia naving put it out of my power to enjoy that privilege, I gratefully avail myself of the op portunity afforded by your kind and highly appreciated re quest, though conscious that I <can gay nothing of the dis tinguished and lamented subject of your memoir thait has not already been better said by yourself and by others who have doubtless contributed to the pages of the forthcom ing volume. In (thinking of Judge Clark memory goes back to the time When I first saw him When I was quite a little school boy, in the town of Morgan, Oalhoun county, Georgia. He was then a practicing lawyer and a resident of Albany, in the adjoining county of Dougherty, and was attending a session of the superior court in Morgan, where he was a guest at my fathers house. He was then called "Colonel" Clark, in accordance with a very ridiculous custom of con ferring that military title on lawyers in Georgia and otfcer sections of the South. His talent and learning had made

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him a leader at what was at that time one of the ablest fears in the State; and his spirit of comradeship, his generous and amiable disposition, his wit and humor, and a rare gift of story-telling made him a favorite with all classes, and the especial life of the company of lawyers that used to gather at my fathers during court-week in the little coun try town; an occasion that was anticipated by me with all the more pleasure because of the opportunity I expected it would give me to hear "Colonel Dick Clarks" stories. How far off it all seems in the retrospect, and how saddening to think of the many changes in the dear old State since then, and to know that of all that company of choice spirits not one is left to remind us of the others. They have all passed the dread bound across which there are no returning footsteps, and the gates are shut behind them forever. Where are they now "where be their flashes of merri ment that were wont to set the table on a roar?" From some higher and serener sphere, with wider knowledge and more abounding wisdom, do they view the fret and fury of this lifes fitful fever in the world they left a world whose paltry prizes, when all is won that all desire to win, are hardly worth the cost, and where right and wrong are accidents? Far beyond and above its vanities and hollow mockeries, its unsubstantial pageants, its wretched inter change of wrong for wrong, its fleeting and uncertain pleas ures, its sure and lasting sorrows, do they smile or do they weep at the fantastic tricks of those who still strut and fret their hour upon its stage?
After those days in Morgan I did not again see Judge (/lark till I met him in Atlanta after I was grown, and after he had been on the bench of the Southwestern circuit, and had therefore ceased to be "Colonel" Clark. I supposed that he had either forgotten me altogether, or that he would

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not recognize me after tfhe lapse of so many years, with t-beir attendant changes, but I was not aware then of that wonderful memory of his. To my surprise, he approached me, calling me by name, and referring to that schoolboy time in the little Southwest Georgia town; the time when, to use his own expression, I was "a russet-headed lad." The years had already lain their whitening touch on his head, and they have since been busily leaving their impress on my own -stealing ruthlessly from it as well as fast chang ing the hue that called forth the judges descriptive appella tion. How swiftly they pass! How every letter we trace tellr> us with what rapidity life follows the pen! The days and hours of it are flying over our heads like light clouds of a windy day, and golden and raven locks grow gray even while the jeweled fingers twist them.
But the years that changed Judge darks hair from jet to silver wrought no change in his heart. That was golden ever, and when its pulses ceased and the spirit of life departed from it, I felt that a part of the light of my own life had gone out too, becaiise for many years the relations between \is had been like unto those between father and son. cind it saddened me inexpressibly to know that thait warm heart, with all its generous emotions, was now com passed in a clod of the valley, and that I should not again see the good gray head and gentle presence I had known and loved so long. The news of his death came to me here when the revelries of the carnival season in this pageantloving (but, alas! now stricken) city were at their height, but I could take no part nor pleasure in them, for my thoughts were all of him whose lifeless clay then lay in Georgias distant capital, awaiting the last sad rites that the living can pay to the honored dead. It had been but a. little while since, in the very room where death had ben

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beleaguering him for weeks, and where at last he yielded to it, I had bidden him adieu, with little thought that our parting then was the final prelude to the eternal separation that was so shortly to come, and when I realized that it was so I comprehended the full significance of his words when he wrote that to him the saddest word in the world was "Farewell to the dying and to one we love, whom we never expect to see again in this life."
What I am writing is but an endeavor far, far short of its object to express my love for one whom I can never see again in this life; tlhe friend "of soul sincere, in action faithful and in honor clear," to whom I was bound by ties so strong that the recollection of them has not been de stroyed nor dimmed by time and death. There is no occa sion for me to dwell here in eulogy on his virtues or merits. His services to the State are imperishably recorded in its annals; and in the volume which you have lovingly prepared, besides what your OWTI appreciative and graceful pen has written, there will be, I doubt not, a becoming tribute from the members of the bar of Atlanta to the distinguished and venerable jurist who presided so long in the tribunals of justice there and elsewhere in Georgia. I have not seen a report of their proceedings in honor of his memory, but they knew him as lawyer, as judge, and as man, and I doubt not that they have fittingly told how well, how up rightly, how purely he bore himself in all those relations how, through a long and chequered life, he bore, from first to last, "the grand old name of gentleman." They know, too, as do you, how pitilessly, in his age, he was pelted and pierced by "the slings and arrows of outrageous fortune" how "grief with grief continued still to blend," till little joy did life have left to lend; and they and you have doubt less borne testimonv to the fortitude with which he en-

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dured it all, presenting the sublime and pathetic spectacle of "a brave man struggling in the storms of fate," down to the hour when death brought surcease of lifes long sorrow and stilled forever the heart that had so much of the milk of human nature and so little of its asperities.
Fate was kind at last in not permitting him to lag super fluous on the stage. He fell in harness, discharging the duties of his high office almost in the hour and article of death; and how meet it was that, though none of kindred blood was near in that last hour, womans gentle hand was there to smooth the dying pillow for him who had so much of womans tenderness and purity.
Judge Clark was a man of strong convictions and great decision of character, and a native modesty, withal, that made him perfectly free of professional and personal vanity. There was in him a rare and striking blending of firmness and gentleness, but it may be said of him, as he himself once said of another eminent Georgian,* that love was the law of his nature not occasional or fitful, but constant and uni form; such as Timrod, the Burns of the South, has depicted la the following lines:
Most men know love but as a part of life ; They hide it in some corner of the breast, Even from themselves ; and only when they rest
In the brief pauses of that daily strife Wherewith the world might else be not so rife, They draw it forth (as one draws forth a toy To soothe some ardent kiss-exacting boy), And hold it up to sister, child, or wife.
Ah me ! why may not love and life be one ? Why walk we thus alone, when by our side Love, like a visible God, might be our guide ? How would the marts grow noble, and the street, Worn like a dungeon floor by weary feet,
Seem like a golden court-way of the sun !
* The late Judge E. J. Harden.

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Fortunate is he whose finished and open book of life will reveal a record as stainless as was that of Kichard H. Clark, and fortunate the commonwealth on whose brow rests a diadem enriched with names like his, for they are the brightest jewels that can glitter there, and. his native State will be indebted to you for the book that will be at once an appropriate and enduring memorial of one of her noblest sons, and a valuable contribution to her history and litera ture. It will be interesting to the public generally, be cause it will contain the charmingly told reminiscences of an intellectual and cultured gentleman, whose mind was stored with historical and biographical lore; a Georgian who bore a prominent part in the affairs of a great State, whose life extended over a period of more than three score years and ten, and whose memory retained with astonish ing fullness and accuracy the incidents of more than sixty years of that period; while by me it will be especially prized as a beautiful reminder of one whose memory I shall always fondly cherish and Avhose friendship was one of the most valued possessions of my life.
For him the long days task is done, the weariness of life is ended. K"o longer stretched upon the rack of this tough, world, for him is solved the great mystery that en shrouds us all, poor children that we are of doubt and death, nor below
"Can love or sorrow, fame, ambition, strife, Cut to his heart again with the keen knife Of silent, sharp endurance."
In the eternal splendor of a brighter day, with no shadow of earths grief resting on it, may his gentle spirit live fcwevermore.
With high regard, I am, dear madam, Yours very sincerely, T. K. OGLESBY.