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 VI 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 PREFACE. 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 vm 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 XII 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 2 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 MEMORIAL. 3 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 4 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 MEMORIAL. 5 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 6 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 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. MEMORIAL. 47 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. MEMORIAL. 49 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. 50 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- MEMORIAL. 51 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 MEMORIAL. 53 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 54 MEMORIAL. 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 MEMORIAL. 55 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 56 MEMORIAL. 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- / O t/ ' 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 58 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 MEMORIAL. 59 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 MEMORIAL. Ql 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 62 MEMORIAL. 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 MEMORIAL. 63 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- 64: MEMORIAL. 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 / tj O 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, MEMORIAL. 65 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. 5 66 MEMORIAL. 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- MEMORIAL. 67 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- MEMORIAL. 69 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 70 MEMORIAL. 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 MEMORIAL. 71 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- 72 MEMORIAL. 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. MEMORIAL. 73 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 74 MEMORIAL. 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. 76 MEMORIAL. 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; 78 MEMORIAL. 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, MEMORIAL. 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, 80 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 & MEMORIAL. 81 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 MEMORIAL. S3 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 84 MEMORIAL. 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 MEMORIAL. 85 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 86 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. MEMORIAL. 87 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 88 MEMORIAL. 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. *********** 90 MEMORIAL. 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 MEMORIAL. 91 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 92 MEMORIAL. 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 MEMORIAL. 93 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. 94 MEMORIAL. 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 MEMORIAL. 95 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 :96 MEMORIAL. 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 MEMORIAL. 97 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- MEMORIAL. 99 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, 100 MEMORIAL. 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 MEMORIAL. 101 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, 102 MEMORIAL. 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 MEMORIAL. 103 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, 104 MEMORIAL. 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- 106 MEMORIAL. 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 MEMORIAL. 107 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 108 MEMORIAL. 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 MEMORIAL. 109 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- MEMORIAL. 11}. 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.. 112 MEMORIAL. 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. 8 114 MEMORIAL. 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 MEMORIAL. 115 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 116 MEMORIAL. 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 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 MEMORIAL. 123: * 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- 124 MEMORIAL. 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- MEMORIAL. 125- 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- 126 MEMORIAL. 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 MEMORIAL. 127 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 MEMORIAL. 128> 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- 0 130 MEMORIAL. 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 MEMORIAL. 131 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, 132 MEMORIAL. 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. MEMORIAL. 133 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- 134 MEMORIAL. 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 MEMORIAL. 135 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 136 MEMORIAL. '" 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 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 MEMORIAL. 161 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 11 3 62 MEMORIAL. 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 MEMORIAL. 163 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 164 MEMORIAL. 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 MEMORIAL. 165 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 166 MEMORIAL. 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!!!" MEMORIAL. 167 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." MEMORIAL. 169 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, 170 MEMORIAL. 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 MEMORIAL. 17 p. 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- 172 MEMORIAL. 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." MEMORIAL. 173: 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 MEMORIAL. 175 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 176 MEMORIAL. "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 two routes, 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 190 MEMORIAL. 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. MEMORIAL. 191 "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 192 MEMORIAL. 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 MEMORIAL. 193 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. 13 194 MEMORIAL. 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- MEMORIAL. 195 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 196 MEMORIAL. 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 MEMORIAL. 197 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 198 MEMORIAL. 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 MEMORIAL. 199 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 drd 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 222 MEMORIAL. 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.. MEMORIAL. 223 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 MEMORIAL. 225 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 15 226 MEMORIAL. 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 MEMORIAL. 227 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 MEMORIAL. 229 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 230 MEMORIAL. 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 MEMORIAL. 231 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 232 MEMORIAL. 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 MEMORIAL. 233 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 234 MEMORIAL. 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 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- MEMORIAL. 237 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 238 MEMORIAL. 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 MEMORIAL. 239 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 240 MEMORIAL. 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!" f MEMORIAL. 241 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 16 242 MEMORIAL. 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 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. 248 MEMORIAL. 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 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. MEMORIAL. 269 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 270 MEMORIAL. 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 MEMORIAL. 271 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- MEMORIAL. 273 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 18 274 MEMORIAL. 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 MEMORIAL. 275 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 276 MEMORIAL. 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 MEMORIAL. 277 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 278 MEMORIAL. 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 O 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 MEMORIAL. 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 MEMORIAL. 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- 282 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- MEMORIAL. 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: 284 MEMORIAL. 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- MEMORIAL. 285 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 :286 MEMORIAL. 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 MEMORIAL. 287 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 288 MEMORIAL. 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- MEMORIAL. 289 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; 19 290 MEMORIAL. 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 MEMORIAL. 291 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 292 MEMORIAL. 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 MEMORIAL. 293 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 294 MEMORIAL. 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. MEMORIAL. 295 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 296 MEMORIAL. 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 MEMORIAL. 297 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 MEMORIAL. 299 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. 300 MEMORIAL. 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 302 MEMORIAL. 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 MEMORIAL. 303 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 304 MEMORIAL. 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.. MEMORIAL. 305 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- 20 306 MEMORIAL. 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- MEMORIAL. 307 [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 308 MEMORIAL. 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; 310 MEMORIAL. 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 MEMORIAL. 3H 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 312 MEMORIAL. 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 MEMORIAL. 313 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 314 MEMORIAL. 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 MEMORIAL. 315 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 MEMORIAL. 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- MEMORIAL. 317 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. 318 MEMORIAL, 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 320 MEMORIAL. 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 MEMORIAL. 321 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. 21 322 MEMORIAL. 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 MEMORIAL. 323 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. 324 MEMORIAL. 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. 326 MEMORIAL. 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 MEMORIAL. 327 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 328 MEMORIAL. 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. MEMORIAL. 329 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. 330 MEMORIAL. 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 332 MEMORIAL. 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 MEMORIAL. 333 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 334 MEMORIAL. 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 MEMORIAL. 335 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- 336 MEMORIAL. 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 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- MEMORIAL. ggl '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." 352 MEMORIAL. 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 MEMORIAL. 353 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. 23 354 MEMORIAL. 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.. MEMORIAL. 355 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 356 MEMORIAL. 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 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 yor 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 MEMORIAL. 381 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 382 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 MEMORIAL. 383 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 384 MEMORIAL. 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 MEMORIAL. 385 Missouri Compromise originated with Sou1tiheact 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 MEMORIAL. 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 "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 MEMORIAL. 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 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 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 MEMORIAL. 405 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- 406 MEMORIAL. 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. MEMORIAL. 407 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.