MEN AND THINGS BY HIRAM P. BELL BEING REMINISCENT, BIOGRAPHICAL AXD HISTORICAL t PRESS OF THE jfoott & Dairies Companp ATLANTA: I9O7 CoPTfBIOHT 1907 BY H. P. BELL PREFACE. The author has lived in eventful times. He pre sents to the public in this unpretentious volume, sketches biographic, historic, reminiscent and analec tic of some of the men aiid things that have made them eventful. He does so in the ardent hope that they may be interesting to the present generation, and use ful to future ones. Gumming, Ga., HIBAM P. BELL. March 7, 1907. TABLE OF CONTENTS. CHAPTEB I. Parentage and Birth of the Author. CHAPTEB II. Boyhood on the Farm. CHAPTEB III. The Old Field School. CHAPTEB IV. Education, Admission to the Bar and Marriage. CHAPTEB V. The Bar of Georgia in 1850. CHAPTEB VL Changes in the Law and Its Procedure since 1850. CHAPTEB VJLJL. Secession and Reconstruction. CHAPTEB Vlll. Conditions after the War Lawyers. CHAPTEB IX. Amusing Incidents in Court. Secession. CHAPTEB X. V. In the War. CHAPTEB XI. CHAPTEB XII. Second Confederate Congress. CHAPTEB XIII. Personnel of the Members of the Second Congress. CHAPTEB XIV. Lincoln and Davis. CHAPTEB XV. Condition of the Southern People at the Close of the War. CHAPTEB XVI. The Forty-third Congress and Party Leaders. CHAPTEB XVII. The Forty-fifth Congress. CHAPTEB XVI1L Disappointed Ambition. CHAPTEB XIX. Social Problems. CHAPTER XX. Woman in War. CHAPTEB XXI. Reminiscences of Some Famous Preachers. VI. CHAPTER XXII. Russo-Japanese War President Roosevelt Peace. CHAPTER XXIIL Legislatures of 1898-9, and 1900-1 In the House and in the Senate. CHAPTER XXIV. Life, Service and Character of James Edward Ogle- thorpe, the Founder of Georgia. CHAPTER XXV. The Religion of Christianity. CHAPTER XXVI. The Miracles Coincident with the Crucifixion. St. Paul. CHAPTER XXVII. CHAPTER XXVIII. Bishop A. G. Haygood. CHAPTER XXIX. The Causes of Crime and best Methods of Prevention. CHAPTER XXX. Literary Address delivered at Commencement of Madi son Female. College. CHAPTER XXXI. Semi-Centennial Address. vn. MEN AND THINGS CHAPTER L AND JftKtB OF TEJD I was bom in Jiekson County, Ga., January 19th, 1S37. Jtfj father wag of English extraction. He was a native of Guilioid County, North Carolina, He was bom July 23, 1704. H ncme vu Joeepb 3cctt BeU, Hia father, !Prancis Bell, raflored ftom Sbrlh Carolina, tnd settied in Jickaroi Cotrnty, Gi t abont the year 1800. HP died ID 1S37, at iin ag^ hf Dine^one jeara. Se wsa a Eon-eonuoiBaianed officer in tJie Ooatin^ntril urmj? and failed to be in the battig of Quilford Court House, by reason of beiag in. commutd of a flqofld on detacfcfd wjrvifs. My father vms t miin of iron constitution, phjeicfiJlj, of bigb temper, strong j-mpnl^ rcflolnte will and fearless courfigp, Hia edu cation was limited, befog suet only as could be obtained by A abort, irregular attendanee upon irLfermr nduwla in the bact-voods. He was by occopation, a fanner; never Aeld a ciyil office, and waa neer a eandidete fnr one. In politica IB was a ^States Righls He was no trader. E3s ccnunuiuciti&nB ffere und "HILJ, nay.l> He waft thu puniuH uf 2 MEN A.ND TSIVOS labor. I do not remember to have known him to spend an hour in idleness. My mother was Rachel Phinazee, a native Georgian, and of Irish descent. Like my father, she was brought up in a newly settled country, from which the Indians had but recently disappeared, and therefore, her edu cation was meagre. With poor people, in a newly settled country, bread-winning was the watchword. She was born on the second day of November, 1794. Her mother, whose maiden name was Sarah Harris, died at the advanced age of ninety-one years, which age, my mother also attained. She was distinguished for plain, practical common sense, unremitting industry, devotion to duty and faith in God. Her spirit was quiet and gentle as a May zephyr, and even her reproof was in tones sweet as the "Spicy breezes of Araby the blest." Success did not elate, nor defeat depress her, but always and everywhere she maintained that self-poise which is the offspring of philosophy and Christianity. My father and mother married young, probably in 1813 or 1814; and located in a cabin in the woods, on a small tract of land given to my father by his father. This was in the northeast portion of Jackson County, Ga., fifteen miles from any town. Here they lived and toiled in agricultural avocation, until 1838, when, immediately after the removal of the Oherokees to the West, my father bought a few hundred acres of land in the woods, unmarked by human invasion, except an In dian trail, leading from the Chattahoochee to the Etowah River, in the county of Forsyth, to which a part of his family removed in the early part of the year MEN AND THINO8 S 1838. The remainder of the family joined this col ony in the spring of 1840. Here he repeated the ex perience of his early life, the building of a home, and clearing a plantation in the woods, unscarred by the civilizing touch of the axe and ploughshare. Here he wrought, until he "crossed over the river, to rest under the shade of the trees." The family of my father and mother consisted of six sons and six daughters, all of whom lived to attain majority, and a majority of whom passed the allotted threescore and ten years. The senior son, Joseph T., died at the age of twenty-two years. His death left a scar in my mothers heart that never healed. My parents were both deeply religious. They united with the Methodist Church shortly after their marriage. My earliest remembrance is associated with the visits of ministers of the Gospel at our home, which was always open to them; and with the regular and syste matic family worship. Such was their admiration for them, that they gave to each of their six sons, the name of a favorite preacher. My father was an official of the church either stew ard, class-leader, or trustee practically all hia church life. He was a man of extraordinary power in prayer. I have heard him often, at the family altar, pray with an earnestness and power and pathos, that seemed to me to make the foundation of the house tremble. Faithful, earnest, consistent, devoted Chris tians, they lived together in harmony, peace and love, for more than sixty years, until all of their children 4 ME* AND THINGS became grown, and married; and passed away without a cloud upon their spiritual horizon. On a calm, moonlight night in May, 1876, I wit nessed my fathers translation; with a face all radiant with the light of high communion, his last utterance was: "I leave the world in triumph," and gently ex changed the cross for the crown. My mother survived him nine years. In September, 1885, at the home of her daughter, in Cumming, Ga., she closed a long life, with the stainless record of duty faithfully done, suf ferings patiently borne, wrongs freely forgiven, and faith unfalteringly kept; and passed sweetly into the joys of the true life. I honor my parents for their character and their virtues; I bless their memory for their love and benefactions to me, in a thousand dif ferent forms. CHAPTER H. BOYHOOD oir THE FABM. Those familiar With the history of Georgia during the first half of the nineteenth century, will remember that, at the close of the Revolutionary War, but a small part of the State, extending from the coast up the Savannah River, was occupied by white inhabitants; the bulk of the territory, of what now constitutes the "Empire State of the South," was wild woods, occupied by hostile Indians and wild beasts^ The absence of money and commerce, the continental war-debt, appre hension of failure in organizing successfully the new system of civil government, and the general demorali zation resulting from the war, and the disorganized state of society generally, created the conditions to be met. These conditions developed the cardinal factors in achieving our present advanced type of civilization enterprise and industry. Men and women went bravely to work to win bread and better their condi tion. Controversies were adjusted, and treaties nego tiated with the Indians, population poured in, new counties were formed, forests subdued, the wilderness reclaimed, churches and school-houses built cheap and humble at first, it is true, but they were the seed of a harvest to be gathered later. That portion of Georgia lying west of the Chatta- 8," 6 MEN AND THINGS hoochee Eiver, known as Cherokee, Georgia, waa the last portion of the State opened for settlement by the white people. It was occupied by an industrious, hardy class of people, with small means, very speedily. There were few slave-holders among them. The set tlement of this section of the State took place at tne time when President Jacksons removal of the deposits from the national bank, and specie circular burst the bubble of "flush times" sent the wild-cat banks, which had sprung up like Jonahs gourd, to grief; and left the- people in debt without a circulating medium. Tinder these conditions from 1840 to 1847 and be tween thirteen and twenty years of age, from sunrise until sunset, in winter and summer, I was engaged, without intermission, in work on the farm, which con sisted in the winter season, in clearing and fencing the land, cutting, hauling logs, and erecting buildings. The county was heavily timbered, which was wasted with reckless prodigality. Each neighborhood had its circle of fifteen or twenty neighbors; and every spring, as regular as the Ides of March, each neighbor had his regulation log-rolling; and in the fall, each within "the circle had his corn-shucking. The house-raising waa another institution of these primitive times. This waa carried on either in the winter or in the summer, be tween the crop-finishing and fodder-gathering season. These good people wrought hard and constantly, without money; and strikingly illustrated the truth that: "Man wants but little here below." They were plain and simple in their dress; the cotton patch, flocks, cards, spinning-wheel, loom-room, and deft hands of MEN AND TB12T08 7 good, virtuous house-wives, supplied the wardrobe. Jt was not long, however, until the farm, herd, orchard, garden and dairy, poured their treasures into the refec tory in a variety and profusion that would satiate the appetite of Milo, or eclipse the board of Lticullus. They lived like princes on the proceeds of honest labor. In those days many communities had its little log church, built after a vigorous controversy over the place of its location, at which they held their Sundayschool and attended preaching, which was often on a week day, and to which the men would go from the field and the women from the loom all in fatigue dress. They went to hear the Word of Life, and were generally thrilled by its power, and comforted by its solace. They lived in peace, all, or most of them, unconscious of what was transpiring in the great big world around them. If they were denied the blessing of different en vironments and a more advanced state of civilization, the law of compensation exempted them from the an noyance of an army of cooking-stove, sewing-machine, and insurance agents, and peddlers of rat poison and Chinese grips. It was not long, however, until the thin-nosed, irrepressible wooden-nutmeg Yankee clockpeddler put in his appearance. It is written: "In the sweat of thy face shall thou eat bread." My boyhood life on the farm is a striking illustration of the truth of this divine statement. An accident to an elder brother in the spring of 1834, sent me to the plow at the age of seven years. Other hands put on the gear and tied the hamestring, and a friendly stump or fence corner, after climbing, enabled me to 8 IfBN AND THINGS reach the back of the horse. In 1843, in the absence of my father, I bossed the farm. The weather was phenomenally cold in the winter and spring, forage was scarce, live-stock died a magnificent comet stretched across the southwestern heavens. Millers prediction of the approaching end of the world alarmed the superstitious. It snowed in March, and the ground was deeply frozen as late as the 5th of April; and vegetation indicated no sign of appearance at that date. A little later, an indiscreet neighbor put out fire on an adjoining farm in dry, windy weather, which caught the dead timber on my fatters farm, set the fence on fire, and necessitated the tearing down and rebuild ing of between two and three hundred panels, to save the rails. I felt something of the consternation of Napoleon, when he discovered the blaze of Moscow. I did not retreat, but saved the fence. How much trouble, labor, expense and solicitude we could save others by a little caution at the proper time! In the winter of 1842-43 my elder brother and myself made the rails and enclosed a forty-acre lot of land, thirty acres of which was mainly a chinquapin thicket. When the crop of 1843 was finished, my father returned home from a mining enterprise in which he and my elder brother had been engaged, and constructed a threshingmachine, the band of which my two brothers and my self turned, in the month of August, until we threshed out the wheat crop of one hundred bushels, at the rate of five or six bushels per day. In the winter of 1843-44, my elder brother having attained his major ity, left home and entered school. My two youngar IfSN AND TSINOS 9 brothers and I devoted our time to the clearing of the thirty acres of chinquapin thicket, which consisted in cutting off the bushes near the ground with club or pole-axes. Early in the month of May, 1844, the brush was burned, the ground was laid off, without breaking, and planted in corn. After wheat harvest, on the twentieth of June, my brother Matthew and I com menced to plow it for the first time. Father and a negro woman followed with the hoes. The rows were nearly a quarter of a mile in length. The watersprouts were as thick, and very nearly as tall, as or dinary wheat at maturity so thick and tall that we frequently lost the row in running the furrow next to the corn. The corn having grown in the shade, was about eighteen inches high, and the stalk but little larger than a well-developed sedge-broom straw; so slender in deed, that when the sprouts were taken from around it much of it fell down. We had been plowing, or trying to plow, for about three hours in this wilderness on an immensely hot day, when I discovered an im mensely large rattlesnake making an effort to dis engage itself from entanglement with the foot of my plow. I shall not attempt to describe my horror, for the reason that there are some things beyond the at tainment of human power. I killed the snake, re ported at once the adventure to my father, and beggedhim to abandon the field, urging that it was tempting providence to take the risk of the snakes. But my father had more faith than I, and scarcely gave my importunate plea a respectful hearing. We ploughed 10 MEN AND TBING8 on for nearly a week; and passing each other near the centre of the field, we stopped and engaged in conver sation. I noticed in a moment my brothers face turned white as cotton. He had discovered a large rattlesnake lying under a bush in the row between us. We loosed our horses, despatched the rattler, and turned to hitch them, when I discovered, under another bush nearby, a companion snake of equal size, which was also promptly despatched. After ten days of ploughing in new ground covered with a wilderness of bushes, permeated with roots and stumps, and in habited by rattlesnakes suffering all the agonies of mental crucifixion we finished the job, with Nil as the result, so far as the crop yield was concerned. A few years ago, as I closed my brothers eyes in death within an hour after I reached his bedside in Milledgeville these struggles, toils and associations of our boy hood came trooping down the dusty aisles of memory, with a power and pathos for which language has no expression. The year 1845 was eventful in most of the Gulf States, on account of the absence of rain, and the fail ure of crops. Hundreds of families, especially from South Carolina and Georgia, sought homes in the West. Four weeks of the summer of this year is epochal in my history. I had, for that period, the benefit of my brothers instruction. The preceding year, he had. the instruction of a first-class teacher, and was himself an accomplished grammarian. This months instruc tion from a competent teacher laid the foundation for what little I may have attained in the way of education. MEN AND THINGS 11 In 1846 my father took a new departure in his farm ing enterprise. He had tried cotton, which his boys had shivered with cold in picking during Christmas week and in January and which he had hauled with an ox-team to Madison, Ga., then the head of the Ga. K. R., and sold at two and one-half cents per pound. This departure consisted in substituting a tobacco for a cotton crop. He planted ten acres in tobacco plants. The land happened to be in the most favorable condi tion to produce its largest yield of crab-grass. The season was unusually wet, the growth of the tobacco was retarded, that of the grass, not. After much toil, the crab-grass, late in the summer, was subdued. If there is any one thing for which a farmer-boy ardently pants, it is a few weeks of rest, after the crop is "laidby," and the peach and watermelon season puts in an appearance. But just as this halycon heaven of boyish delight was reached, the tobacco plants must be topped, and the worms and suckers removed. This process consists in pinching off the top bud, and suckers with the fingers; and knocking off the great, green, loathsome worms with a stick, and mashing them with the foot. The operator is bent forward in the broiling sunshine, besmeared with the gum and stench of this plant, and disgusted with the sight of the worms. This is anything but a delightful exercise. It was com pleted, in this case, some days after the drying fodder had suffered for gathering. Then the tobacco-house was to be built and daubed, the plant to be cut, placed on sticks and cured, stripped from the stalk and bound into hands. What the crop yielded in money I do 12 MSN A-ND not now remember. I am sure it was the only ex periment my father ever made with tobacco. He went back to cotton. Having attended school all told, only six or eight months in snatches of two or three weeks at a time in the old field school, most of that time to very inferior teachers, even for this grade of school; and having at tained the age of twenty years, without education, I proposed to my father to serve him another year if he would send me to school for one year; or, that if he would release me from the service, I would discharge him from the obligation to give me a years schooling, as he had done for my older brother, and take the chances of educating myself. He generously accepted the latter proposition. It is due to the memory of my dear father to say that he had a high appreciation of his obligation to educate his children, and ardently desired to discharge that obligation. But having a large family to support, always necessarily in debt, settling in the woods remote from schools fitted to be entrusted with ones education, it was utterly impracti cable for him, with these environments, to carry out his wishes in this respect. It is a matter of solace to me, that most of his children, somehow, secured a good English education. Before I close this chapter, allow me to say that there is one phase of the life of the average cotmtrybrought-up boy, that it would do him great injustice to omit. It is about the time, in his history, when the first application of a dull razor is made to his upper lip, designed to elicit the appearance of an infantile MEN AND THINGS IS mustache, and he is, or thinks he is, desperately in love with a neighbors pretty daughter. My observation convinces me that this event in a boys life constitutes a rule of general, if not universal application, I was not an exception to the rule. On a bright Sunday morning, having blacked my shoes that is, the top of the front portion of them with a mixture of cold water and chimney soot as much as I could induce them to mix donned my best suit, saddled and mounted a small mule, something but little larger, than a full grown Texas jack-rabbit (it was a very small mule), and set out on the Don Quixotic adven ture of calling to see the object of my supposed idolatry. Within a quarter of a mile from the house the road crossed a creek with rather precipitous banks. The mule, as it soon afterwards became apparent, was thirsty. As soon as it came within reach of the water, it very naturally but very suddenly and decidedly un ceremoniously, put its mouth to the water, which left its body in an angle of something over forty-five de grees. The result was, the rider was tumbled over the mules head into the creek, followed by the saddle, which fell on Tiim. This mishap was then esteemed a calamity. It is now regarded as the poetry of the ludicrous. It would present a picture that would shame the genius of Nast, whose artistic skill as a cartoonist broke the heart and caused the death of Horace Greely. CHAPTER III. THE OLD FIELD SCHOOL. The old field school, like some other institutions of this country, has, in its peculiar way, served its day and generation, and by common consent has been rele gated to memory and history. In these days of pub lic school fads, higher educational pretentious, college and university base and foot-ball games, and punch bowl banquets, reference is seldom made to an institu tion which, though lowly in origin and humble in claim, has made possible all these institutions as well as our advanced state of civilization. When it is referred to it is usually with the sneer of derision or the smile of amusement. It seems that such a spirit of ingratitude is capable of repudiating the love of a mother, or re proaching the misfortune of poverty. It met a condi tion of society at a time and under circumstances which could not have been met without it. It kindled a light that makes the opening years of the twentieth century all radiant with the glow of intelligence. The "old field school" possessed three distinctive sides the ludicrous, the sentimental and the useful. Its houses, furniture and comforts, as well as the extent of its curriculum and the qualifications of its teachers, com pared with those of the present time, appear ludicrous in the extreme. 14 MEN AND TBINOB 15 The school-house was usually located in the corner of an old field cleared by the Indians, or in the woods, constructed of small round oak or large, split pine logs, notched down at- the corners and covered with clap boards. The orthodox dimensions were 24x16 feet. The larger part of one end was devoted to what is known as a "stick and dirt chimney." Economy in labor and money was promoted by dispensing with sleepers and floor, and substituting the ground therefor. The furniture consisted of a small, rough pine table and a superannuated chair in the rear of it. This was the throne of the intellectual sovereign. The seats for the pupils were made of oak or chestnut logs about six inches in diameter, split open in the center and pegs driven into auger holes from the round side of the halflog. These pegs were of a length that would prevent the feet of the urchins occupying the benches from reaching the dirt floor by a distance of from six to eight inches. To occupy such a seat for a long, hot summer day was a penance that ought to atone for a multitude of sins. The remaining article of furniture was the writing bench. This consisted of a rough plank nailed to. the top of a frame, as nearly on a level as practicable, twelve inches wide and ten feet long, and a plank of similar dimensions joined to each of its edges, slightly inclining downwards. The aesthetic will perceive that this equipment, in the line of convenience and comfort, was neither ex pensive nor elaborate. The curriculum was not exten sive but it had the merit of being in harmony with it3 surroundings, and confined, within the constitutional 16 ME2f AND THIN0B limitation, to "the elements of an English education only." It embraced spelling, reading, writing and arithmetic The standard text-hooks were: The Ameri can Spelling-book, the American Preceptor and Dilr worths or Fowlers Arithmetic. A little later, as this class of educational institution advanced, the Colum bian Orator and Weems Life of Washington were added. The teachers, in the main, were men of advanced age, too lazy to work and too poor to live without it. Having appeared after the age of [Raphael, Titian, Angelo and Keynolds, and passed away before the dis covery of Daguerre, the world has lost the pleasure of looking upon their pictures and must rely only upon such faint and imperfect pen-pictures as memory alone can supply. I have in mind with some degree of distinctness, the image of four of them who are strikingly typical of the class. For fear of marring the pleasure of some filial descendants in tracing his heraldry, for the discovery of his ancestral escutcheon, I refrain from stating names. Indeed, the given or Christian name of the first one to whom I refer is forgotten. I only remember that his students, by common consent, substituted for it, what ever it was, the name "Nipper," so that he was known only as Nipper A s. I do know, however, that he was a tall, ungainly, bald-headed, sour-tempered old man, with no magnetism and but little intelligence. He was not deficient in physical force, as two certain boys .1 who engaged in an innocent game of "hard-knuckles" during study hours when he was supposed to be asleep, MBIT AND THIN&a 17 after having visited, at the noon recess, a neighboring still-house, discovered to their mortification and discom fort. The next one, W , whose only possession was a homely wife and a bad "small boy," was an Irishman of exuberant cheerfulness. No conditions seemed to discourage or dishearten him. He secured his sup port, principally, from his neighbors by borrowing such articles of food as were necessary to prevent actual starvation, under the pretext that "to his surprise, he had ascertained that the articles desired had just been exhausted at home," and with the munificence of a prince bestowing an "order" or conferring a proconsulship upon a grateful subject, he promised to return it with manner that simply defies description, except to say that it was done in a way of Irish shrewdness that made the lender feel that he was the beneficiary. This feeling was the only benefit he ever received for the loan. His theory of teaching seemed to consist, judg ing from his practice, in the belief that light could be communicated to the mind by the application of force to the body. H , unlike W , was a man of some means. He had a wife, a very large family of children, five or six dogs and two rifiegnns; the stocks of which were well worn by long use. Mr. K was a man of large frame, dark complexion, of slow motion and deliberate speech; though of robust health he seemed to be averse to motion, and the act of breathing appeared to be irk some to him. If the "law of the Lord" was not his delight the law of inertia was. His uncharitable 18 MBN AND THINGS neighbors entertained the suspicion that he was afflicted with an attack of remediless laziness. Of the truth of this imputation, posterity must judge. I only state - the facts in the case. F , the remaining member of this quartet of famous pedagogues, was a man of decidedly marked, if not unique, personality. His stature was low, his head large and of peculiar form, his lower limbs short and bent with a regularity that fitly represented the seg ment of a circle, the convex side being outward; his feet inclined to the club variety; his walk was sort of hobbling and shuffling movement. The conception of a cross between a chimpanzee and a dwarf would pre sent the nearest an ideal picture, of which his figure was susceptible. In bestowing her gifts, Nature had been parsimonious with him; some and among them, beauty had been entirely withheld. An officiating clergyman said at a vagrants funeral, that ^Whatever else might be said of the deceased, all would admit that he was a good whistler." So I can say of this dead pedagogue (and it is about all that could be said), he wrote a beautiful hand. These great men of the olden time were differen tiated, mainly, if not solely, in their personality. They were all old men. They were about on an equality in scholarly attainments, perhaps I should say, in the .j absence of scholastic attainments. They all taught at ?| , the same place, used the same books, practiced like > methods and quenched their thirst at the common "still- house." As the branches taught were few, the methods em- HEN AND TBINO8 19 ployed were simple. The lessons were studied vocally, not silently, and by far the largest portion of the study consisted in the hubbub of mingled voices in every va riety of key. The full measure of vocal power was developed in preparing the "heart lesson" preceding the evening adjournment. With favorable atmospheric conditions the hum of this noise could be distinctly heard at the distance of a mile, and the peculiar shrieks of one boys voice (Duncan Campbells) could be easily distinguished at that distance. The useful art of writing was taught by commencing with a socalled "line of straight marks" across the top of a leaf of coarse, unruled paper. This, of course, was made by the teacher and called the "copy." The beginner, equipped with a goose-quill pen and the juices pressed from oak-balls (well known among the scholars as inkballs) for ink, commenced the process of copying the marks. The second lesson was the mark, as in the first, curved at the bottom and traced upward. This mark, in the figurative language of the teacher, was called "pot hooks." The third copy was a line of "pot hooks" with the second line curved at the top and brought down to evenness with the lower curve; then followed copies of capital letters of the alphabet, etc. It was a singular fact that the students almost inva riably in making these curves, slightly twisted and pro truded the tongne, and kept the tongne and eyes in a movement precisely corresponding to the motion of the pen. I never did understand, and do not now know, which was the dominant motor in this operation these members or the pen. I had the privilege of securing 20 MEN AND THINGS early instruction from each of the worthies here men tioned, in an institution which I have endeavored to describe. Whatever mistakes in instructions or dis cipline they made I forget and forgive. For whatever of good they did me, I give them the thanks of a heart, which I trust is incapable of ingratitude. THE SENTIMENTAL SIDE OF THE OLD FIELD SCHOOL. "A land without sentiment is a land without liberty." The short resolution adopted by the Pilgrim fathers in the cabin of the "Mayflower" was the prophecy of our magnificent structure of democratic constitutional gov ernment. They symbolized the religious faith of the United States as they stood on "Plymouth Kock." "And shook the depths of the forest gloom with hymns of lofty cheer." The old field school was our present civilization in embryo. It was the beginning of what now is. Pioneer settlers were always distinguished for their energy, industry, fearlessness and faith. This school was theirs. Indeed, it was the pioneer educational institu tion of the North American wilderness. On a Monday morning, late in July or early in August, coming from all directions, in a circle within three miles around the school-house, from forty to fifty children of both sexes, ranging in age from five to twenty years, might be seen to meet at the school-house. They were simply and cheaply clad in such apparel as their good mothers could manufacture. They were all barefoot, except the few grown girls. They were all MSN AND THINOB 21 bronzed by the mingled force of hard labor and hot sunshine. The commissariat consisted of bacon, or steak, sandwiched between slices of corn-bread, or bis cuit, neatly wrapped in a clean napkin and placed in a small tin bucket, or basket, and a black quart bottle which had seen other service filled with butter-milk and closed with a corn-cob stopper. The dessert peaches and apples were carried in the boys pockets. There was no difficulty in arranging classes. All that was necessary was to point out and assign as lessons, the alphabet, the lesson in spelling and the multiplica tion table. A few lessons being recited, the noon re cess reached and lunch over, they assembled on the play ground, and speedily renewed old and formed new acquaintances. They cared little for the ceremonious etiquette of courts, or the military discipline of camps. These children on the play-ground presented a scene on which idle angels would delight to look for. "They also serve, who only stand and wait." The games they played, if lowly and rustic, were healthful and harmless. Their section of the country, at least, had not been favored with the entertainment of the cock-pit, the bull-fight, nor foot-balL Nor had a powerful daily press then delighted the public with columns of detailed description of the bloody "rounds" of Jeffries and Fitzsimmons. To preserve the facts of history, a list of them is given; they were: Base, tag, cat, marbles, bull-pen, town-ball, shinny, roly-hole and mumble-peg. Both sexes joined in the first two named, therefore base and tag had precedence in popu larity. I always thought, for the reason, that the exe- 22 HEN AND TSIN08 coition involved the thrill of touch. These children had a common experience in labor and poverty; had learned self-denial and self-sacrifice; had waded in the branch and been charmed by the ripple of its tiny water falls; had gathered autumnal fruitage in the tangled wildwood; had breathed alike the fragrance of the rose and honeysuckle; had listened in ecstacy to the chorus of the birds and gazed in wonder upon the stars that deck the diadem of night. They had communed with Nature and reveled in its charms until their life had become an unwritten idyl. They had likewise realized in their short, young lives all the emotions of hope and fear, of success and defeat, trial and triumph, and grati fication and disappointment. As they stood on the play-ground about to advance a step in the social and intellectual world, each felt the consciousness of a force within that was not understood, and that could neither be denned nor described, still it throbbed in the brain, pulsated in heart-beats and gurgled through the veins. It was present in their ambitions, aspirations, admirations, envyings, rivalries, likes and dislikes. What was this force? Was it the struggling of the mind for higher attainments in knowl edge, the panting of the restless spirit for the solace of peace, or the thirst of the soul, clamoring for one full draught of immortality? No body can tell. No one knows. Whatever it was, it was the power, dying "Ion caught from Clemanthes eye" that assured him of a reunion of love, "Beyond the sunsets radiant glow." MEN AND TBZN&8 23 If they never heard the name of the poet, nor read the couplet, they all felt the sentiment that "Kind words were more than coronets, And simple faith, than Norman blood." It was very soon discovered that in playing the game of base some boys were very easily caught by certain, particular girls. It was further observed that the same boys and girls, in going home in the evening, would linger at the parting of their ways and play, or pretend -to play, "tag." They parted with the com pact, that whichever one reached the place first on the succeeding morning, in returning to school, would make a cross-mark or drop the twig of a green bush in a particular place in the road. This sign always accel erated the movements of the party of the second part. I never heard of any complaint of violating the stipu lations of this treaty. It may be, after all, that these trivial, simple little things shed light on the solution of this great problem that has baffled the learning and exploded the theories of psychologists. It was a little thing to dip seven times in "Jordan" but it healed a leper. In long after-years and from far-away places, many a heart has sent memory back to the old play-ground, and silently sighed for "The touch of a vanished hand," and the sparkle of an eye forever closed. THE USEFUI. SIDE OF THE OLD FIELD SCHOOL. It must be remembered that the school under con sideration, was the educational initiative, the first 24 MEN AND THINGS grade or primary species of the genus old field school. This grade did not, and necessarily, could not exist long. It was subject to the great law of gradation, progress and development, which seems to have dom inated the process of creation, as well as the disclosures of revelation. As the good people improved their con ditions, increased their means and enlarged their views, they built better houses, used superior books and em ployed more capable teachers. Occasionally, in a more wealthy neighborhood, an academy would spring up, and as new counties were formed the law provided for the establishment of an academy at the county-seat. In the meantime the University was struggling up to the guerdon of triumph; later the great churches built colleges for both sexes; finally public sentiment crystalized into constitutional provision for the public school system. The first grade of the old field school, as described in these pages, is the granite bed-rock upon which this superb superstructure rests. It was the small seed from which this luxuriant harvest within the period of a century was gathered. The children of this school, belonging to the same grade of society, identified in common environments, and the sympathies which result from early association (at least many of them), mar ried and organized homes in the quiet country, in which peace, gentleness, affection and contentment ex emplified the only remnant of Eden, unblasted by the falL They became the parents, and grandparents, of a race of men and women that subdued the wilderness, beautified it with gardens, orchards, farms, towns and MEN AND THINGS 25 cities, and crowned it with temples of worship and learning, and hospitals and asylums. A race of chiv alrous patriots, who in 1812, dispersed the boasted navy of England, sent back to her, from New Orleans, the pickled corpse of Packenham; scaled the rocky heights of Cherubusco, Chepultepec, Milino del Key; floated the American flag from the dome of the eapitol of the Aztecs, and spangled the "milky way" of national glory with a gorgeous jewelry of stars. The people provided the old field school for them selves. It was the best they could do, and they deserve the grateful thanks of all the coming ages for what they did. There were two other potent factors co-operating with the old field school in laying the foundation for these achievements. They were the Decalogue and the Sermon on the Mount Side by side with the school appeared the irrepressible Methodist circuit rider, with his much-used and well-worn Bible, hymn-book and "Discipline," preaching every day in the week, at the little log church or school-house, and at night fre quently at some house of a brother in the neighborhood. At the same time the Baptists appeared, preaching on Saturday and Sunday. The preaching of that day dealt with the doctrines of depravity, repentance, faith, regeneration and obedience, as taught in the Bible, with occasional reference, by the Baptist brethren, to some of the dogmas of the ironclad theology of Geneva, such as election and reprobation, final perseverance, mode of baptism, etc. These combined forces formed the char acter of a good people and directed the course and 26 MEN AND THINGS shaped the destiny of a great nation. The power of many of these men finds fit expression in Wirfs de scription of the blind preacher: "They spoke as if their lips had been touched with a live coal from off the Altar." They accepted the Mosaic cosmogony. They taught that "the Son of Man came to seek and to save that which was lost," and that He brought "life and im mortality to light." They indulged in no speculations on the "glacial" and tertiary periods, nor did they waste any time in searching for "protoplasm," nor tracing their paternity, through the processes of "evolution," to a monkey progenitor. Schools, academies, colleges and universities can not educate. They can only supply the means to aid and enable people to educate themselves. Education, in its last analysis, is a personal work, facilitated by the aid of helpful agencies, or retarded, of course, by their absence. To become thoroughly educated, compara tively, requires a life-long, unremitting, systematic pro cess of observation, reading and thinking; and this can only be done by the student himself. The great and learned Newton said that he "had only picked up a few shells on the shore, while the great ocean of knowl edge lay, unsailed, beyond him." The old field school did its work, and did it welL Like the "Mother of the Gracchi," she can present George Washington, Ben jamin Franklin, Andrew Jackson, Henry Clay and Abraham Lincoln, as her jewels, and proudly challenge Harvard or Tale, Oxford or Cambridge, Leipsic or Heidleberg, or all of them combined, to duplicate this quintet of American immortals. CHAPTER IV. EDUCATION, ADMISSION TO THB BAB, AND MABBIAGB. At the age of twenty years, with an attendance, al together, at school, of six months four at the old field of the first grade, and two of the second grade. I left home "with the blessing of my parents, and entered on the battle of life. My wardrobe was such as my dear, good mother could provide. I had a purpose (this was all), owned no properly, did not have one cent of money; bought books and secured board and tuition, on credit; and entered the academy at Gumming, in Feb ruary, 1847. It should be stated that my school in* struction had been supplemented by studying during the long winter nights, with my brothers and sisters. We had many and most interesting "spelling-bees," and recitals, in English grammar and geography. I made it a point to read every book upon which I could put my hands; and in 1845, I had the advantage of very superior instruction from my brother, for five weeks, who taught near Sheltonville, Ga., the odor of whose lessons has lingered for threescore years, in the com munity, like the fragrance of roses that have once been distilled.". The principal of the Academy, Joseph K. Valentine, was a professional teacher, in middle life; a fine scholar and a gentleman. He was so thor ough in the Greek and Latin languages, that he read 27 i 28 MEN AND THINGS the text-books in the course as promptly and with as much facility, as he read English. The students, in constant attendance, numbered about one hundred, half of whom, approximately, were grown. It was a mixed school. In arranging the classes, it was my good for tune to be assigned to a class of five grown girls, in-three or four studies. In preparing the lessons in these studies, we occupied seats together. Being further ad vanced, especially in English grammar, than any of them, I was helpful to them in that study. I had parsed most of Miltons "Paradise Lost," and when sur rounded by this coterie of beautiful girls, I felt as if I was in "paradise found." One of the most interesting and valuable lessons, was ttie "Heart" spelling lesson. The class was a large one, more than twenty, of the grown students. The book used was "Towns Speller and definer," a book of something over 300 pages, con taining the words in most common use, with accurate definitions. The first thing after the noon recess was this lesson, which had been carefully studied during the recess. The class stood in a line; the teacher called the word, and the class spelled and defined it. At the formation of the class, each student took his place at the nearest point at which he reached it; before the end of the second lesson the five girls and myself were the first six in the class, counting from the head four of them above and one below me. We stayed there for one year not one of the six missed the spelling or defining of a word in the book for that period. These girls were: Virginia M. Lester, Martha Erwin, Joseph- N ine Strickland, Virginia Sims, and Mary Sims. They MEN AND THINGS 29 all had been trained by practical, sensible, good parents; were all of nearly the same age and size, were social chums, ardent personal friends, free from malignity and envy, bright as stars, and animated with ambition and rivalry to excel each other. A years class and social association with them failed to discover the slight est defect or weakness in the character of any one of them. The respect, confidence and friendship of all of them, and the priceless love of one of them, have been the blessing and solace of my life. And now, the precious memory of them comes to my spirit, sweet and sad, as the tremulous echoes of a nightingales dying song. Within three months from the day I entered that class, Virginia M. Lester and myself were engaged to be married so soon as I finished my education, and was admitted to the bar. As unwise and reckless as this engagement may have then seemed, time and trial vin dicated its wisdom. Her bright smile, like light on "Memnons lyre," set my heart to throbbing with the music of love, that was as resistless as a decree of des tiny. She was in the bloom of young womanhood. The ease and grace of her pose, the simple elegance of her manner and the beauty of her face and figure, would have delighted an artist, as a model for his masterpiece. Added to these charms was a spirit radiant with the light of hope and joy; and a heart, pure as love, and faithful as truth. For thirty-seven years she made more than one heart contented and happy, and one home a paradise of peace and love. She merited the highest eulogium ever pronounced on woman that which came 30 MBN AND THINGS from the lips of the Nazarene, when he said of Mary of Bethany: "She hath done what she could." I loved her, living, with an ardor for which language has no expression; I mourned her, dead, with an anguish for which earth has no consolation. Josephine Strickland married John B. Peck, of At lanta, Ga., and was the first of the class to pass away. Mary Sims married Lewis D. Palmer, now of Nash ville, Tenn. She and Virginia M. Lester died on the same day, April 30, 1888. Virginia Sims married Mr. Backman both are dead. Martha Erwin, who mar ried Mr. W. H. Camp, now of Floyd County, Ga., ia the only survivor of this class of splendid girls and noble women. She is now in "the sere and yellow leaf," but possesses all the sweetness, gentleness, mod esty and sly humor of the long ago. My studies were grammar, geography, philosophy, chemistry, logic, rhetoric, composition, history and the Latin language. In spare hours I read "Plutarchs Lives," Irvings "Life of Columbus," Prescotts Con quest of Mexico," Senecas "Philosophy," and Locke on "The Understanding." I pursued these studies in this school during the year 1847 and the greater portion of 1848. In 1849 I taught in the Academy at Ellijay, Ga.; and read law. I was admitted to the bar, at Spring Place, Ga., on November 28, 1849, by Judge Augustus R. Wright, after an examination in open court of four hours, by a committee consisting of Judge W. H. "Underwood, Judge Turner H. Trippe, Warren ATnTi, J. W. Johnson, William Martin, and B. W. Jones. I entered upon the ordeal of that examination ItXN AND THINGS SI with a trepidation that makes me shiver to think of now, but my good angel was not nodding at his post; and it so happened that I did not fail to answer every ques tion correctly. In pursuance of our engagement, Vir ginia M. Lester and myself were united in. marriage in Gumming, Ga., on January 22, 1850. I taught that year, in Ellijay; and continued my study of law. In, the latter part of that year, we settled in Cumming. I possessed only two things the best of wives, and the noblest of professions. On June 11, 1890,1 was united in marriage to Miss Annie Adelaide Jordan, in Eatonton, Ga., at the home of her aunt, Mrs. M. L. Keid. She was the daughter of Warren H. Jordan, of Nbxubee County, Miss. a native Georgian and her mother was Miss Julia L. Hudson, of Eatonton, Ga. both of whom died before she was grown. She is an accurate scholar, and an ac complished pianist. Her sweet and gentle ministries of love and devotion to me, in joy and sorrow, in health and in sickness, have imposed upon me an obligation, of gratitude I can never recompense. CHAPTER V. THE BAB OF GEOBGIA IN 1850. At the time I was admitted, the bar of Georgia, com pared most favorably with that of any State in the "Onion indeed, with that of any age or country. At its head were John M. Berrien, Kobert M. Charlton, William Law, Francis S. Bartow, John E. Ward, Charles J. Jenkins, George W. Crawford, Andrew J. Miller, Robert Toombs, Alexander H. Stephens, Wil liam C. Dawson, Francis H. Cone, Joshua Hill, Augus tus Reese, Linton Stephens, Augustus H. Kennan, William McKinley, Eugenia A. Nisbet, Barnard Hill, Washington Poe, Samuel P. Hall, Absalom H. Chappell, Henry G. Lamar, Seaborn Jones, Walter T. Colquitt, Martin J. Crawford, Hines Holt, Henry L. BenTnng, William Dougherty, Hiram Warner, Robert P. Trippe, Herschel V. Johnson, Edward Z. Hill, Benja min H. Hill, Charles Dougherty, Junius Hillyer, Howell Cobb, Hope Hull, Thos. R. R. Cobb, James Jackson, Cincinattus Peeples, Thos. W. Thomas, B. H. Overby, Nathan L. Hutchins, Charles J. McDonald, David Irwin, Andrew J. Hansell, George D. Rice, Wil liam H. Underwood, Turner H. Trippe, Warren Akrn3 Augustus R. Wright, George N. Lester, John W. H. Underwood, Edward D. Chisolm, Joseph E. Brown, Logan E. Bleckley, Dawson A. Walker, William H. Dab- 32 URN AND THINO8 S3 ney, John B. Floyd, O. A. Lochrane, James L. Calhoun, James Starke, William Martin, and the first Chief Justice of the State, Joseph Henry Lumpkin. This list of illustrious lawyers furnished cabinet min isters, senators and representatives in the United States Congress, equal to the best in the Union; governors, judges of the supreme and superior courts of the State; and ministers to foreign countries. It contained many of the ablest statesmen and most eloquent orators of the age. In their day, they led the public sentiment, and moulded and shaped the public policy of the State, and largely, of the nation. They were the leaders of the bar. Yet there were hundreds of lawyers, very nearly, if not quite, their equal in legal learning and professional skill, in the management of causes in the courthouse. The country will never know its wealth of talent and capacity for public service, for two reasons the mod esty of meritorious men, and the lack of opportunity. Public position, like the clowns measles that "struck too large a family to go round," can not furnish the op portunity to all the capable and meritorious. As a class, lawyers are the closest thinkers, and best logicians in the world. The reasons are obvious. The science of law trains its votaries in the best methods of securing its object, which is the ascertainment of truth and the enforcement of right. The definitions of the law are clear. Its distinctions being fine, must be accurately observed and drawn, con flicts (or seeming conflicts) reconciled, language con strued, doubts resolved, and its application to faota in- 34 IfBN AND TSINOS finitely varied made; all to be done with reference to the rights of an anxious client; and involving the reputation of the lawyer, and frequently the bread of his family. His profession is a direct intellectual com bat with an antagonist that may be relied upon to do his best to defeat him. The struggle is in the open before the public with a judge present to decide who is victor or vanquished. The practice of the law is the best possible training in the art of successful disputa tion. It has the incentives to thorough research and thought, to the examination and study of both sides of a case or question. He studies the strength and the weakness of his adversary. He learns much of human nature and human infirmity by contact with parties, witnesses and jurors. It has been urged that the study and practice of law contracts and narrows the mind. Precisely the contrary is true. It expands the horizon of mental vision, enlarges the field of investigation, of inquiry, and liberalizes the process of thought. Law, in its different departments, of in ternational, national, civil, criminal, military and mari time, comprehends every right and interest of man ab solute and relative, in all his relations. Familiarity with it and the knowledge of it, therefore, extend the range of thought, and increase the domain of knowl edge. Jefferson and Hamilton, Pickney and Wirt, Webster and Choate, Clay and Crittenden, Prentiss and Douglass, and Stephens and Toombs, illustrate and dem onstrate this truth. Able and upright lawyers are no unimportant factors in conserving the moral interests of society and eleva- MEN AND THINGS . 35 ting the tone of public sentiment to proper standards. The vindication of rights, the denunciation of wrongs, the maintenance of truth, and the exposure of false hood, in the discussions of the courthouse, involving, as they do, the interest and rights of every spectator, is an education by no means lost on the public mind. Discussions of moral questions in the pulpit and on the platform deal with them in the abstract, in the court house, in the concrete. It has been urged that lawyers were ambitious and inclined to seek office and honors. This is not true of them as a class, any more than it is of any class or pro fession. It is perhaps true that more offices in the government are filled by them, than any other class. Civil government is an institution of law; and a knowl edge of the law is an important, if not a necessary, qualification for the duties of the office. In all judi cial offices it is absolutely indispensable, and legal training and knowledge is a qualification for wise and intelligent legislation, as experience has abundantly shown. Lawyers have always* ^K! the van in the assertion, maintenance and defense of liberty. They have always stood for human rights and against the tyranny of des potism. It was a lawyer who sounded the first note of hostility to British oppression in the Virginia House of Burgesses, in a resolution written on the fly leaf of a law book. That sound had its last echo in the surrender of the Britisb at Yorktown. A lawyer wrote the Declaration of Independence. The Constitution of the United States is mainly the product I 38 MEN AND THINO8 of two lawyers James Madison and Alexander Hamil ton. These two great and patriotic lawyers were the representatives and exponents of two opposite schools of political thought and theories. They were equally } able, honest and patriotic. They each urged their k views with the emphasis of conviction. The Constitu- fi tion of the United States embodies the compromise of ij{ these opposing theories of civil government. k John Somers, in a five minutes speech, procured the f; acquittal of the Bishops, in a trial, that drove the last h:, of the Stuarts from his crown and kingdom. The !" learning and eloquence of Halifax and Somers obtained J in the Convention Parliament, the limitations upon : power and prerogative, secured in the Act of Settle- {: ment, and the Bill of Rights. The powerful denuncia tions of oppression by Webster and Clay, in the Ameri- ! can Congress, thrilled and incited the Greeks to the !: resistance of Turkish despotism in Europe, and the Latins in opposing Spanish tyranny in South America. In the late war between the States, Bartow fell in the first fray and Cobb soon thereafter; and hundreds of lawyers of perhaps less learning and eloquence, but with equal valor and patriotism, "poured out their generous blood like water" in defense of the right of self-government, on more than five hundred fiercely fought fields. History amply vindicates the claim of the profession, to the highest niche in the temple of fame, for devo tion to learning, liberty and patriotism. CHAPTER VL CHANGES IN THE LAW AND ITS PBOOBDUBE SINGE 1850. At the time of which I write, Joseph Henry Lumpkin, Eugenius A. Msbet and Hiram Warner occupied the Supreme bench. Such men as Edward Y. Hill, David Lrwin, Junius Hillyer, John J. Floyd, Qarnett Andrews, Herschel V. Johnson, Francis H. Cone, Au gustus B. Wright, and many others of equal ability, presided on the circuit bench. The Supreme Court was established in 1845, after a protracted struggle. The earlier volumes of its re ports contain monumental evidence of the independence and learning of the first three judges. Lumpkin was learned, eloquent, impressive and humorous. Nisbet was equally learned, dignified and elegant; Warner was cold as a Siberian icicle, and clear as a tropical sunbeam. I confess that he was my ideal of a judge. I never think of him, as he sat upon the bench, strug gling, sometimes alone, to uphold the constitution and the law against the debauchery and dishonesty of socalled relief legislation, without applying to him, the magnificent eulogium pronounced by the Attorney-Gen eral, on the dead vice-president, when Gushing said of King: "He stands to the memory, in sharp outline, as it were, against the sky, like some chiseled column of antique art, or consular statue, of the Imperial republic, 37 38 MEN A.ND THINGS wrapped in his marble robes and grandly beautiful in the simple dignity and unity of a faultless proportion." The last fifty years have wrought marvelous changes, in Georgia, in the law, its forms of procedure, and the questions with which it deals. The War and the al tered conditions resulting from it have contributed greatly, if not mainly, in producing these changes. Before, the principles, practice and forms of equity and the common law were separate and distinct; now, they are merged. Then, the English common law forms in all their "vain" repetitions, and technical refinements and distinctions in pleadings, were followed; now, the pleader states his clients case in law or equity, what ever it may be in short, pithy paragraphs. Then, all persons interested in the event of the suit were incom petent witnesses; now, all parties living and sane (with a few exceptions) are competent. Then, only the parties to the record could be .heard in the case; now, anyone, in any way interested, may intervene and be heard. There has been as decided change in the subjectmatter of litigation as in the forms of proceeding. The institution of slavery was the fountain of a stream that carried fortunes to the profession. The farmers be came rich, breeding negroes, buying land and making cotton. The validity and construction of wills, breaches of warranty of the soundness of slaves, action of trover for their recovery and debt for large amounts of in debtedness upon their sale these and the trial of dis puted land tides, as population increased and settle ments were extended raised the questions upon which MEN AND TB1NG8 39 the legal giants fought their battles and won their fame and fortunes. This was the agricultural age of Georgia. The abolition of slavery eliminated, from the courts this source of litigation, and substituted a totally different kind of questions and controversies. The ordinance of the convention of 1865, providing for the adjustment, by the courts of Confederate contracts, upon the princi ples of equity and justice, the depredations and tres passes of home guards and robbers during the last years of the War, and the relief legislation of the reconstruc tion period, filled the courts for a few years with a flood of litigation. But this was necessarily tempo rary, and soon passed away. Now (1904), commercial and corporation law and practice are regnant, and con fined, principally, to the cities and larger railroad towns. In the rural counties the practice arises from the levy of distress warrants and executions upon the foreclosure of liens, and the defense of negroes for larceny, robbery and burglary usually by assignment of the court. How the hundreds of young men, an nually brought to the bar by colleges, universities and otherwise, are to win bread, by the practice, in the light of the present outlook, is their problem; not mine. It is alleged that some of the more enterprising mem bers of the profession especially in cities have hench men employed to hunt up business, and that they follow a train wreck, like vultures, the scent of a carcass. I. hope, for the honor of the profession, that this allega tion is a slander. This progress, reform, or certainly change in our law, 40 XSN AND THINGS commenced in 1847 upon the passage of the act which substituted, for the common forms of pleading, the short forms, popularly known as the "Jack Jones forms." The law allowing appeals in the superior court was repealed. The marital rights of the husband as to property owned by the wife at the time of marriage or acquired by her after marriage were wholly changed. The homestead laws enlarged from their pony propor tion up to sixteen hundred dollars worth of property real and personal which, however, is practically nulli fied by the creditor invariably taking a waiver note and mortgage on everything that the debtor owns or ever expects to own. The school law which humanity provided for the education of the poor has given place to a system that imposes annually, upon the people of the State, a tax of nearly two millions a large portion of which is devoted to training negro children in idle ness and crime, under the pretext of qualifying them for useful citizenship. These and numerous other radical changes have been made in our law to such an extent that if a Georgia lawyer had fallen asleep in 1850 and waked up in 1904 Kip VanWinkle would have been no more remembered! Whether these changes were all wise and promotive of the public in terest-raises a question upon which opinions will differ. The British government sent an agent to this country to investigate the question of law reform, who carried back copies of the "Jack Jones" forms of pleading, which were enacted into law by Parliament. The MEN AND THINGS 41 youngest of her American colonies, in less than one hundred years from the establishment of its independ ence, furnished to the Mother of the common law her form of pleading. CHAPTEK VII. SECESSION AND RECONSTRUCTION. On the sixteenth day of January, 1861, the people of Georgia, by their chosen delegates, assembled in con vention at the capitol in MilledgeviJle. This was perhaps a body of the ablest men ever assembled in the State. The magnitude of the issue to be considered and determined induced the people toselect the men supposed to be best qualified to deter mine wisely. The people were prosperous; many of them rich; all of them peaceful and happy. They owned African-, slaves, numbering hundreds of thousands. Their barns were crowded with fullness and plenty. They ex hibited the finest type of society civilization ever pre sented. This prosperity had been achieved in the Union, under the protection of the Constitution of the United States. The practical nullification of the fugi tive slave provision of the Constitution, by the hostile legislation of fourteen States, and the election of it. President by them from one section of the Union, uponthe issue of hostility to the institution of African slav ery as it existed in the Southern States, convinced a> majority of the convention that their safety and pres ervation of their rights could only be secured by dis solving their relation with States thus faithless to con- 42 MEN AND TBINOB 43 stitutional obligations. Three days after the conven tion met on the nineteenth of January, 1861 it adopted, by a vote of 166 yeas to 130 nays, the Ordi nance of Secession, and thus withdrew from the Union, in the exercise of the right of self-government asserted in the Declaration of Independence. This opened "Pandoras box," and a tragedy was enacted that Gen eral W. T. Sherman rightly named "helL" On the twenty-fifth of October, 1865, another con vention of the people assembled at the same place. The environments were different. The slaves had been freed by force; the barns were empty; the fields, gardens and orchards had been trampled down; dwellings robbed; cities sacked and burned; live stock slaughtered or stolen; mills and factories demolished; churches pro faned and cemeteries desecrated; the flower of South ern chivalry dead; the land groaning in poverty, widow hood and orphanage; and crashed by the iron heel of a relentless military despotism; the people put under the government of military satraps. This convention, like the former, was composed of able and patriotic men. Herschel V. Johnson presided over its delibera tions and Charles J. Jenkins led them upon the floor. President Johnson had adopted his plan of readjust ing the seceded States in their relations to the Union. James Johnson, an able and conservative citizen of the county of Mnscogee, had been appointed Provisional Governor, and the convention assembled for this pur pose. The Ordinance of Secession was promptly re pealed by a unanimous vote, the payment of the War debt prohibited and the emancipation of the slaves ex- 44 MEN AND THINGS pressly recognized. The presidential program of recon struction was literally carried out. A State constitu tion was adopted in conformity to the Constitution of the United States. A general election for Governor, members of Congress and members of the General As sembly was held. Charles J. JenMns was elected Gov ernor. "The pure of the purest, The hand that upheld our bright banner, the surest." The legislature assembled on the fourth of December and unanimously ratified the thirteenth amendment to the Federal Constitution, prohibiting the existence of slavery. Charles J. Jenkins was inaugurated Governor on December 19,1865, and Provisional Governor James Johnson relinquished the conduct of the State affairs to the authorities thus constituted. The legislature elected Alexander H. Stephens and Herschel V. John son United States Senators. The people supposed that constitutional civil government was restored, that mili tary domination would cease, and that they could persue their avocations in peace and hope, if in toil and poverty, but this was a mistake. The legislature met on November 1, 1866. The fourteenth amendment tov the Constitution had been submitted to the State for ratification. Governor Jenkins, in his message to the legislature, made a masterly argument against ratifi cation. The legislature declined to ratify by a unani mous vote in the senate, and by a vote of 132 to 2 in the house. Major-General John Pope assumed command in the third military district, containing Georgia, Flor ida and Alabama, on April 1,1866. Civil government IfSN AND THINGS 45 having been restored and in successful operation in the State, Governor JenHns made an effort to bring the question of the constitutionality of the reconstruction act before the Supreme Court for adjudication. This effort failed. The State of Georgia presented the anomalous spectacle of being under two governments a civil government under constitutional law adminis tered by Governor JenMns, and a military despotism, in violation of law, enforced by Major-General John Pope. On the sixth of January, 1868, Major-General George G. Meade assumed command in the third mili tary district. Congress had repudiated the Presidential scheme of reconstruction and adopted that provided in the several reconstruction acts; and impeached the President. On January 11 the State officers were admonished under color of authority, not to interfere with the exer cise of military authority in the States composing the third district. Governor JenMns and State Treasurer Jones were ordered to pay out of the public treasury the public money, under military order, which they declined to do for the reason that they had taken an oath to support the Constitution, which provided that "No money shall be drawn from the treasury of this State, except by appropriations made by law. Where upon General Meade issued the following order: "Charles J. JenMns, Provisional Governor, and John Jones, Provisional Treasurer, of the State of Georgia, having declined to respect the instructions and failed to co-operate with the Major-General commanding the third military district, are hereby removed from office. 46 MEN AND THINGS Brevet Brigadier-General Thomas H. Ruger appointed Governor and Brevet Captain Charles F. Rockwell to he Treasurer of Georgia." . A constitutional civil government in a time of peace was thus summarily abolished by an order, on the ground that its officers refused to violate their official oaths and allow the treasury robbed, and a military despotism substituted in its place and the treasury opened to the robbers. Under the congressional plans of reconstruction, a registration of voters, under the first civil act, was ordered, and an election for delegates to a constitu tional convention. One hundred and eighty-eight thousand six hundred and forty-seven voters, white and black, were registered. The white majority was about 2,000. The election of delegates was held from October 29th to ^November 3d. Of the delegates chosen, 133 were white and 33 black. John E. Bryant, of Skowhegan, Maine, was one of the whites, and Aaron Alpeoria Bradley and Tunis G. Campbell, from the southern coast of Georgia, were two of the blacks. This white and black spotted convention assembled in Atlanta, under the supervision of General Meade, made for Georgia the organic law, known as the Constitution of 1868. On March 14, 1868, a military order was issued for an election commencing April 20th, to continue four days, on the ratification of the Constitution, and for State officers, representatives in Congress, and members of the General Assembly, of which three Senators and twenty-five representatives elected were negroes. On July 4, 1868, "pursuant to General Order No. 98, is- IfEN AND TSIN&S 47 sued from Headquarters, Third Military District, De partment of Georgia, Alabama and Florida, dated At lanta, Georgia, July 3, 1868," the Legislature met in Atlanta, and was organized by R. B. Bullock, under military order of Gen. Meade. On July 29th, Joshua Hill and H. V. M. Miller were elected United States Senators. The fourteenth amendment to the Constitution was ratified, and all the conditions of Congressional reconstruction complied with. On July 28, 1868, the State was declared to be restored to the Union, Upon examination of the Constitution of the State, no provision thereof expressly gave to the negroes the right to hold office; the negroes were therefore expelled from the Legislature. On December 22, 1869, Con gress passed "An Act to promote the Keconstruction of the State of Georgia." Whereupon JRufus B. Bullock issued the following order: "Atlanta, January 8, 1870. In pursuance of the Act of Congress (to promote the Teconstruction of the State of Georgia), approved December 22, 1869, it is ordered that J. W. G. Mills, .Esqr., as Clerk pro tern, will proceed to organize the Senate. He will call the body to order at 12 oclock k., on Monday, the tenth instant, in the Senate cham ber. The names of the persons proclaimed as elected members of the Senate, in the order of General Meade, dated "Headquarters, Third Military District, Depart ment of Georgia, Florida and Alabama, Atlanta, Ga., January 25, 1868, General Order 90. As each name is called, the person so summoned will, if not disquali fied, proceed to the clerks desk, and take oath or" make 48 MEN AND THINGS affirmation (as the case may be) prescribed in the said act, before Judge Smith, United States Commissioner, who will be present and administer the oath. When the oaths are so executed, they will be filed with the Honorable, the Secretary of State, or his deputy, who will be present; when all the names mentioned in said order of General Meade, have been called as be fore provided, such of the persons as shall be qualified will thereupon proceed to organize by the election and qualification of the proper officers." KTJFUS B. BULLOCK, Provisional Governor. On February 15, 1870, the General Assembly pro ceeded to elect three United States Senators, after hav ing already elected two Messrs. Hill and Miller, who were in life, had not resigned, were at Washington applying for their seats, and whose term of service had not expired. But, of course, official oaths and constitutional obligations were cobwebs, with the ma jority of the Legislature. Poster Blodgett was declared elected for the term of six years, to commence on March 4, 1871. Henry P. Farrow was declared elected for the term expiring on March 4, 1873, and Kichard H. Whitely was declared elected for the term expiring March 4, 1871. Georgia had seven Senators in life, elected not one of whom had been permitted to qual ify, and take his seat. The patriotic members of the Senate entered upon the journals their indignant pro test. But Provisional Governor Eufus B. Bullock had the protection of Brevet Major-General Alfred H. HEN. AND THIN&B 49 Terry, commanding the military -district of the State of Georgia. On July 18, 1870, the Provisional Governor in formed the General Assembly that he had secured un official information of the passage of an act to admit the State to representation in Congress, and adding that he was informed that "the General commanding will make no objection to the General Assembly pro ceeding with legislation." The Governor and Treas urer, presented against each other, respectively, charges of high crimes and misdemeanors, which were investi gated by a joint committee of the two houses of the General Assembly during the months of May and June, 1870. The evidence, and the report of the committee, which appears on the journal of the General Assembly, establish the guilt of both. Reconstruction in the se ceded States, was a reign of falsehood, lawlessness, rob bery and despotism. It is due to a few able and patri otic members of that historic Legislature, to say that they made a manly and gallant stand for constitutional liberty and common honesty, for which the country owed them a debt of gratitude it will be difficult to diecharge. Finally the State was allowed representation in Congress. Gov. Bullock found it necessary to his safety to retire from the State before the expiration of his term of service. A new election installed an honest democratic administration. In 1877, the people of Georgia held a constitutional convention, over which that incorruptible statesman and patriot, Charles J. Jenkins, presided; and estab lished a Constitution that secured white over black do- 60 If EN AND TBIVOS mination, and restored the supremacy of the civil over the military authority. The men who invoked, imposed and enforced Con* gressional Reconstruction upon a brave and patriotic people defeated in war in the anguish of grief, and thralldom of poverty, sacrificed honor, race and liberty for power and plunder, and have gone to history, em balmed in infamy. CHAPTER VHI. CoiromoHs AFTEB THE WAB LAWYEBS. The reconstruction regime packed the judiciary, as far as possible, with judges in sympathy with their policy. That policy had greatly demoralized the pub lic sentiment. This was especially true in certain sec tions of the State. The people of the mountain region of the State were opposed to secession. They lived remote from cities and railroads, owned few slaves, made an honest living by hard labor, and distilled their corn and fruit without revenue. They did not care whether slavery was established or prohibited in the territories; the government was beneficent to them. They honored its founders, loved its traditions, and were proud of its flag. Their delegates in the conven tion were nearly unanimous in opposing secession. Several of their delegates declined to sign the ordinance after it was adopted. These people had bright intel lects, strong convictions and high prejudices. They were true and faithful in their friendships, bitter and relentless in their enmities, generous in hospitality, and full of resources in the execution of their purposes. When the war came they were divided. Most of them joined the Confederate, but some the Union army; and many sought to avoid service in either. During the war, Home Guards, representing both sides under the pre- 61 62 1IEN AND THINGS text of protecting plundered the people. "When the war ended, and the men returned home with four years training in the nursing and indulgence of passion, it will be readily perceived that collisions and conflicts were inevitable. The influence of reconstruction prin ciples, practices and ethics, superadded to the partisan prejudices and passions engendered by the war, left the people in a state of demoralization that found expres sion in disorganization and crime. Men appeared at public gatherings and superior courts with uniforms and army, or navy pistols buckled around them, look ing daggers at those supposed to be or to have been enemies, and anxious for an excuse or an opportunity "for revenge. The Union element felt that they had triumphed in war, and seemed to exult in the oppres sions of reconstruction, relying upon those in power to protect them in whatever line of conduct they saw proper to adopt or pursue. Inoffensive men were shot down unceremoniously in open daylight, at the supper table, at night, or from ambush while at work in the field. A conviction for murder could not be secured. Judges, solicitors and jurymen were of the party tem porarily in power. William P. Milton, at Ellijay, while sitting at supper at his home, was shot through a window, and killed. Worly sneaked up behind Wil liam EU:ngton, and shot him in the back. Hately rode into town in open daylight and shot James G. Inlow through the head as he sat on the sidewalk, killing him instantly. Near "White path," Hartley Pinson, while ploughing in his field, was shot from ambush and fell dead in his tracks; and not one of the criminals was MEN AND T&INQ8 53 convicted. At Morgantown, James Morris, a kindhearted old gentleman over seventy years of age, was aroused about midnight by the screams of a woman in distress, and walked across the public square to the house of Spencer Pruitt, ordinary of the county, whence the cry of distress proceeded. He stepped into the house, and asked: "In the name of God, what does this mean ?" Whereupon Pruitt, a very large, strong man, who was shamefully abusing his wife, seized Morris and held him until he made his two boys stab him to death. The next day Pruitt pointed to the boys, and said: "There are the brave chaps who stabbed the d old rascal to death." Pruitt and his boys were indicted. He escaped, and was never tried. The boys were tried, of course, before a Republican judge, prosecuted by a Republican solicitor-general, and a Republican jury. James R. Brown and I were employed to aid the prose cution, which we did, to the utmost of our ability. Unknown to us and the court, Pruitts friends had armed themselves, and formed a conspiracy to kill Brown and myself in the courthouse as soon as a verdict of guilty was returned. Samuel Ralston was informed of it, armed a number of his friends, and notified the leader of the conspiracy that he and his crowd were under observation, and the first motion towards vio lence they made would cost them their lives. The de fense was that they were under fourteen years of age, and acted in obedience to the order of their father. They were acquitted. Later, Duke Palmer, a lawyer living in Cleveland, was returning home from Towns superior court, and was shot in the back by an assassin 54 MEN AND THINGS concealed in the bushes on the roadside. It so hap pened that he and I occupied the same room at the hotel, in Hiawassee. He was a brave man, and of su perior intellect. The night before he was killed, he gave me an account of his life, and especially his ad ventures in Mexico, which were both thrilling and ro mantic. We sat up until midnight, in conversation. The next morning he bade me: "good-bye," seeming cheerful and happy little dreaming of the tragic fate awaiting him. That afternoon at 2 oclock I organized an inquest over his dead body, as it lay in the road, covered with dust and blood. The assassin was con cealed behind a stump about ten paces from the road. A party was indicted and tried in Towns superior court, but acquitted. These cases are mentioned as a sample of many others as illustrating the disorganized state of society, growing out of the secession and reconstruc tion of the State. The courts in the counties of Gilmer, Fannin, Union and Towns were held in May and October. The soft, balmy zephyrs, the murmur of sparkling water falls and the fragrance of roses, azalias and laurel blooms in May; and the variegated hues of ex tensive and magnificent forests, and the brisk, health ful breezes of October, were delightful beyond the power of expression. Environment, with these charms and beauties of nature, ought to mollify the malignity of hate; and purify and etherealize the spi rit of love; and doubtless it did. The spirit and discussions of the bar had a most favorable influence in allaying party animosities. The lawyers were a jolly, noble set of MEN AND THINGS 55 fellows, full of good humor, and from envy, perfectly free. The lawyers who practiced in the mountain counties of the Blue Ridge Circuit, were: Qeo. D. Bice, James E. Brown, William P. Price, C. D. Phillips, 0. J. Wellborn, Wier Boyd, Marshall L. Smith, E. W. Chastain, J. E. Alsabrook, W. H. Simmons, J. A. Jervis, and James Butt, Democrats; and John S. Fain, John A. Wimpy, W. T. Crane, W. T. Day, Samuel C. Johnson, James M. Bishop, Republicans. These men fought like tigers over their cases in the courthouse, but when the intellectual combat was ended being personal friends their social intercourse with each other and with the people was of the kindliest and most pleasant character. Their conduct, prompted by a high sense of obligation to the public, did much to restore a better state of feeling among the people. They were greatly aided by a class of substantial citizens of each of the parties, who stood for the right and against the wrong; who had wisdom enough to see the folly of the strife, and patriotism sufficient to endeavor to stop it. When the war cases were disposed of in the courts, an honest Democratic administration of the State govern ment inaugurated, and capable Democratic judges placed on the bench, peace was restored and the wrongs and passions of these stormy and turbulent times rele gated to the historian. Most of these men either be fore or after the time of which I write held high office. Chastain and Price were representatives in Congress; Kice, Brown and Wellborn, judges of the Superior Court; and Smith, judge of the City Court of Gainesville. Phillips, Johnson, Bishop, Wellborn and 56 MEN AND THINGS j Greer, solicitors-general. Eight of them were State Senators. Three, Rice, Chastain and Day, were mem bers of the Secession Convention. Seven of these men, Rice, Chastain, Alsabrook, Fain, Johnson, Boyd and Bishop, have crossed the silent river. They lived in a time of peace, and through the storms of war. They each did their duty as they understood it. Honor to their memory and peace to their ashes 1 Rice was a very able lawyer, deeply read in the law, devoting his entire attention to. its study and practice. He prepared his cases thoroughly, briefed the questions of law and fact both leading and collateral elabor ately, and therefore entered upon the trial well equip ped. When he went upon the bench of the Western Circuit, he turned over to me five cases in Lumpkin Superior Court. They were so well prepared that I found it easy to win all of them. Brown was a superb lawyer and practitioner. It was delightful to be associated with him in a case. He studied and practiced law as a scientific system, devised for the enforcement of human rights, in conformity to certain established rules. He seized with promptness, the controlling questions in the case, fortified his posi tion with authority and logic, and usually carried the strong points of his adversary by assault. Chastain was admitted to the bar without reading law, in middle life. He possessed a fine intellect, hand some person, and was brave as Roland. He was a born politician, and the leader of his section. He was Rep resentative and Senator in the State Legislature, and twice a Representative in Congress. He was intensely HEN AND TBINO8 57 Southern. His friends were devoted to him, and his enemies respected and feared him. He was a fluent speaker, knew men, and was formidable before juries. Price was a good lawyer, but it seemed to me that he never enjoyed the disputes and contentions of the court house. As a lawyer, he was open, manly and fair. In his practice, he sought the triumph of the truth and the right. He rendered invaluable service to the State as a member of the Legislature, in reconstruction time. As a-member of Congress, he secured the Mint at Dahlonega, from the Government, and the establishment of the ISTorth Georgia Agricultural College, a service that merits the gratitude of the people, and enshrines him in their affection. He is a cultured, courtly, Christian gentleman. Boyd was unique, admitted to the bar past mid dle life, while Clerk of the Superior Court of Lumpkin County, he was more familiar with the forms of practice than the principles of jurisprudence. He never had the slightest conception that his client could possibly be in the wrong or his adversary in the right.He was intensely ardent in his convictions, absolutely honest; saw a case or legal principle only from his standpoint, and never dreamed that any other view was admissible, or any modification possible. His view of the settlement or compromise of a case was to demand a bonus for taking all he claimed. His antagonist might therefore rely upon a fight to the bitter end. His character, earnestness and honesty made him a power before a jury that knew him. Smith was a jurist, not an advocate. He was a close 58 MEN AND THIN&B student, with a clear, incisive intellect; and reveled in the complex and abstruse subleties of metaphysics. If he had lived in the time of Aristotle, the Greeks would have voted him an Apotheosis, as the divinity of techni calities. He saw clear as a sunbeam defects and objections to pleadings, proof and everything the other side did, alleged or said. His style was cold, clear and conversational. He was perfectly conscientious. While he enjoyed winning a case on its merits, he was charmed and delighted to triumph on a technicality. As asso ciate counsel, in consultation, as you would state the strong points of your case, he would suggest a thousand questions that might, arise in your case, and was equally fruitful in suggesting difficulties in the adversary** way. Occasionally he made points of inestimable value. It was always much more safe to have him with you than against you. Phillips, unlike Smith, cared nothing for technicali ties. He was rather a loose pleader. His mind quick in action, his person imposing, his humor exu berant, his invective withering all taken together, made him an advocate of decided power. His speech in the prosecution of Kogers for murder, in Fannin Superior Court, the presiding judge (Lester) thought was the finest he ever heard. Wellborn was a good lawyer, of finely balanced mind and character. His pleading neat, he presented his proofs clearly, and sought the triumph of right and justice in the administration of the law. . CHAPTEE IX. AMUSING INCIDENTS IN COUBT. It often happens that in the contention of strife and anxieties of court proceedings, something will occur to excite mirth, and relieve the tension of counsel and liti gants. The spectators are always on the "qui vive," for something of this sort. It is astonishing how quickly they catch a sally of wit, a felicitous retort, or an exhibition of the ludicrous. They listen to the judge and lawyers, and scan the witnesses, in the ex pectation of hearing something either interesting or amusing. A witness was on the stand in Cherokee Su perior Court. He was a minister of the GospeL I have observed that a certain class of that sacred profes sion (I hope a small one), on the witness stand, always seek to impress themselves upon the court and country they generally succeed. I never understood the rea son for it. Eut it has been true since the time of the Rev. Burwell Shines. The witness in question was a master in the figurative style of speech, as the sequel will show. He had made his statement in answer to questions, on the direct examina tion. The late Judge George N. Lester, conduct ing the cross examination, said: "Do I understand you to state so and so," repeating the statement made by the witness to which he replied with an air of offended ct 60 MEN AND THINO8 sacradotal dignity: "Mistur Lustur, I have chawed my terbacker." On a certain Tuesday morning, in Ellijay, just as I entered the courtroom, the judge called the case of George Ellis vs. William Cole, trover, and announced Greer for the plaintiff. The parties announced "ready." Counsel read the declaration to the jury, and swore the plaintiff as a witness, who went upon the stand. He had an expression of peculiar sadness that engaged my attention, excited my curiosity, and pre sented an imploring appeal for sympathy. He was tall, angular and bony in physique, with very black hair and bear. His head had the appearance of having been just taken from a charcoal heap; his arms were long, and hands and feet large. His trousers lacked about four inches of reaching to his shoes, which were home made and of primitive style. He was in his shirt sleeves that is, he was without coat or vest the collar unbuttoned. The buttons on his bosom were manufac tured of coarse, cotton thread. His shoulders were so round, or rather bent, that when they touched the wall his head projected about one foot from it, as he stood upon the stand. As he stood thus he was the living personification of sorrow. From his testimony, which was delivered in monosyllables mainly, it appeared that he did a certain amount of ditching, for which Cole was to pay him a cow and calf and a rifle-gun. The gun was delivered; Cole refused to deliver the cattle. The calf had died, but another calf had succeeded it. The action was brought to recover the cow and her increase. Greer (feeling that he had proven a strong case), turned MEN AND THINOB 61 the witness to the other side for examination. "Ah, stop a moment, Mr. Ellis. What became of that cow and calf?" With an expression of anguish, that he would be supposed to show in looking for the last time upon his wifes coffin, he answered in these words: "They tell me that the cow are dead, and that the calf what she had superior to that time were in the same fix." Unity in variety seems to be a universal law of na ture. Of all the multitudinous leaves of the forest, no two of them are precisely alike. The same is true of the forms, features and intellectual attributes of the human race. Men appearing very much alike in many respects, yet differ widely in an infinite variety of char acteristics. We meet, occasionally, a man of no merit, but great ignorance and self-assertion, who moves among his fellows with a sort of "hail, the conquering hero comes" air that advertises him as a candidate for the popularity and fame among men, for which he has al ready given himself credit. His manners and move ments are as pompous and bombastic as a Pronunciamento, of Santa Anna, in revolutionary times in Mexico. Whether this characteristic results from a high soul, with lofty aspirations, that has been starved and dwarfed by the want of opportunities for expansion and development, or whether it is the offspring of narrow, contracted ignorance, stimulated by an unworthy and unattainable ambition, presents a problem that is re ferred to the psychological, for solution. These reflec tions have been suggested by the character of a witness for the State in the case of the State vs. Richard Ratliff, 62 XBN AND THINGS charged with the offense of assault and battery, in Gilmer Superior Court. This witness was a man of strik ing appearance and manner. He was slightly above medium height, a little rotund but of shapely figure, with rather a springy, yet dignified movement. Hia complexion was florid and nose decidedly red. He wore a black Prince Albert coat, a beaver hat, standing collar, supported by a rather wide black stock. Taken altogether, he was by no means a man of repulsive ap pearance rather the contrary. His great pretention was his facility in the use of words; his strength lay in his capacity to coin them, and his weakness in his total ignorance of their meaning. The trouble out of which the indictment grew, occurred at a "road work ing." Of course a "road working" without at least one fight would be justly esteemed a failure. There was but one on this occasion, but this one had in it (accord ing to the statement of the witness) the element of what the lawyers call a "continuendo," when the witness related the first part (for it took place in installments), and stopped. "Go on," said the solicitor-general, "and state what next occurred."" Straightening up himself, and adjusting his stock and standing collar, with an ex pression on his face which gave the public notice, that something important was about to happen, he said: "Previous aufter that, I was follering along before, and seen the priminary gwines on." In Union Superior Court the case of John Doe ex dem. Brown, et aL vs. Richard Roe, cas. ejr., and Smith, tenant, etc., was on trial. The defense was the statute of limitations. The late witty, humorous, elo- MSN AND THINGS 68 quent John W. H. Underwood, was counsel for defend ant. A witness on the stand had stated dearly and in telligently about the possession of the lot sued for, how much was cleared, etc., when the following occurred. Counsel: "Mr. Witness, you say Smith is in possession of this lot of land, claiming it as his ?" Witness: "Yes, sir." Counsel: "You say Smith cleared tweniy acres of the lot?" Witness: "Yes, sir." Counsel: "When did Smith first enter into the possession of it!" Wit ness: "I dont remember the time." Counsel: "See if you can not refresh your recollection I" Witness: "Well, Squire, really (scratching his head just behind the right ear), I cant remember. Counsel: "Was it in the spring, summer, fall or winter!" Witness: (In a deep study for a moment), then, brightening up, an swered: "Ah! I remember now, Squire, it was the time that March Addington wintered John Butts bull" In the rural districts of the country, before the ad vent of railroads, telegraphs, telephones, daily mails, common schools, and cheap watches, even the most in telligent paid but little attention to dates. There was nothing in their surroundings that made it especially necessary to store away in the garret of memory the rubbish of dry and useless dates. It was convenient for them to regulate their calendar by important events, oc curring under their own observation. Very few knew or cared anything about the day on which Columbus sailed from Palos on his great voyage of discovery, or when he discovered San Salvador, or the date of the inauguration of the Reformation, or when the last of the "Stuarts" was driven from the throne, the British 64 MEN AND THINGS dynasty changed and the "Bill of Eights" adopted by the Convention Parliament. But, "Big Court," the "Camp-meeting" and the "Fourth of July Barbecue," they attended and remembered. These events became epochal in their history, as the bases from which they reckoned time. The fact that March Addington "win tered John Butts bull," was perhaps of less impor tance than these historic events; yet it was by no means of insignificance in vindicating the truth of a question involving time. There is a deep philosophy underlying these facts. It is found in the statement that if you wish to interest a person in any matter, you must iden tify him with its activities. It is upon this principle that a wife never forgets the date of her marriage, or a mother the birth of her child. The question of time arises in some form, in the trial of every case. The case of the State vs. Hugh Porter, for malicious mis chief was no exception to the rule. The fact alleged as constituting the offense was the killing of Shade Greens cow by Porter, In his corn-field. Mr. Green was a man of some humor which, though in the rough, would sometimes sparkle. He was an honest man and a truthful witness; which, unfortunately, can not be said of all witnesses. The cow was found dead in Por ters cornfield; the damage to the corn, the habit of the animal and the height of the fence, were under investi gation. John Echols, a witness, had described the height of the fence by stating that "he could stand astride of it." Mr. Green, the prosecutor, was on the stand. I asked him, as follows: "How high was Por ters fence?" to which he replied: "It was about up to KEN AND THINGS 65 John Echols fork." To the question: "When was the cow found dead ?" he answered: "It was summers along in tatur diggin time." I asked: "When do we dig po tatoes?" He replied: "Ah! Well now, that depends entirely on when the bread gives out." Augustus M. Russell was a man of strongly marked characteristics in many respects. In person, he was tall six feet and two inches his hair straight and black, with brown eyes and symmetrical form. His in tellect was of a very high order, bright, active and vig orous. By affinity, his relations and connections were, socially and intellectually, high; by the law of moral gravitation, his associations were otherwise. With his mental superiority, steady habits, close application and extensive research would have easily placed him among those at the head of his profession anywhere. As it was, his professional reading did not extend far beyond Hotchkiss Codification and Cobbs Analysis and Forms. His clients and cases were of a class that did not yield a revenue equal to the "steel trust" and "Standard Oil Company." To contemplate him aa a whole was suggestive of royalty in ruins. The Hon. Alexander H. Stephens told me of an adventure he had with him at Calhoun, Ga. Mr. Stephens made a speech during a political campaign at which Russell happened to be present. When he concluded, Russells friends and chums called on him to reply, which he did, and in which he most recklessly assailed Stephens with all sorts of charges without the slightest regard to truth to one of which, that greatly nettled Mr. Stephens, he sharply said: "I deny the fact." Russell paused a 66 MEN AND THINO8 moment, and then said, "Yes, fellow citizens, that is the gentlemans trouble, he always denies the facts." Mr. Stephens added that that lesson taught him the im portance of caution in the use of words. In Lumpkin Superior Court, Russell was defending a client, charged with an offense by special presentment of the grand jury. The presentment had not been en tered on the minutes of court, as the law required. He moved to quash the presentment on that ground. The I solicitor-general moved an order to enter it on the min- !; utes of court "IvTunc pro tune," to which he responded: j, "May it please your honor, I have examined all the au- | thorities, searched Hotchkiss and Oobb(and your honor ji knows Mr. Cobb was a very sharp man), and I can not ,* find in the books any authority for the making of a ; nunc pro tune business out of a special presentment." IL The judge ruled that there was such authority. if Emancipation changed many things.. Among them, i the definition of the crime of disturbing religious wor- ], ship. The change was from a "Congregation of white ! persons, assembled for public worship" to "A eongrega- i! tion of persons assembled for Divine service." Before 1 this change, J. P. C. was indicted and tried in Lump- j| kin Superior Court for the offense of interrupting and disturbing "a congregation of white persons, lawfully assembled for public worship." He was defended by Mr. Russell. There were two witnesses in the case, the Rev. Mr. Roberts, and the Hon. Eli Wehunt. The for mer was a primitive, or "Hardshell" Baptist clergy man. The crime was alleged to have been committed while he was preaching on a certain Sunday, at his own MEN AND THINGS 67 house. It appeared from the evidence that Mr. Roberts home was a combination of dwelling and still-house, and that the products of die still-house were stored in the smoke-house, located at some distance from where it was made. The preaching was in that part of the combination used as the dwelling. It did not appear what the theme of the discourse was. Whether it was a learned digging in search of the Greek roots of immer sion, or of the decree before the foundation of the world, that foreordained whatsoever comes to pass, was left, by the testimony in the case, to conjecture. It was probably both. It did appear that Mr. Roberts and his neighbors had fine orchards and that the apple crop was abundant, and that it was a "pity" to allow the fruit to rot and waste. It further appeared that the neighbors frequently met at Mr. Roberts, especially on Sunday (as it was a leisure day), though the visits were by no v means confined to that day. It did not appear that any females attended that service. NOT did it appear whether the crowd of men met for the service, or whether the service was improvised because the crowd had assembled. Mr. Roberts, in his testimony, stated clearly and distinctly that neither he nor his congrega tion were disturbed in the slightest degree. The Hon. Eli Wehunt, who, after the time of the trial, obtained the high honor of representing Lumpklii County in the General Assembly of the State a county that had been represented by such men as the Honorable W. P. Price and Honorable Weir Boyd had been denied the advantage of an early education. Indeed, I am informed that he did not know a letter of the al- 68 MEN AND THINGS phabet. He was of Dutch descent, and of marked per sonality. He was of medium height and size; his eyes grey, and set far back; his cheek-bones high, and his forehead low; his beard long and red, carefully divided in the middle, each half neatly platted and skillfully tied into a knot under his chin. The color of his hair was immune from the power of description; the near est approach to description is to say that it seemed to be a combination of pale claybank and Albino pink. There was nothing peculiar in his dress except that at the time of the trial, he wore a vest, made of spotted, tanned fawn-skin; and it was a picturesque garment. He tes tified that while Mr. Roberts was preaching, on the Sunday in question, in his dwelling, he and defendant met behind the smoke-house, in which the brandy was stored some distance from the dwelling with no one but himself and the defendant present. The defendant abused him, and they had a private quarrel. With this evidence the State closed; the defendant introduced none, and the court took a recess for dinner. Upon re suming the bench after dinner, the judge said: "Gentle men, proceed with the argument of this case. Mr. Bussell, state your points to the solicitor-general." Russell rose from his seat with some difficulty, and balancing and steadying himself as well as he could, responded to the judges order as follows: "M-M-may it please your h-honor, my point in the defense is that Eli Wehunt is not a congregation of white persons assembled for pub lic worship." The verdict of the jury sustained the point. Almost every superior court has pending, a case that HEN A.ND THINGS 69 attracts more than ordinary public interest. This was true of a case in Gilmer County, popularly known as: "The Granny King case." Mrs. King was a kindhearted old lady, who practiced a profession that made her especially popular with the married ladies, in a thickly settled community, with a rapidly increasing birth-rate. Mr. and Mrs. King owned a plantation con taining some very fine bottom land, on "Owltown Creek." They had no children. Mr. King died. Most people have observed that it is not difficult to find those who desire the possession of what the late Judge Dawson A. Walker was accustomed to call "rich flatland." It turned out to be true in this case. The Ahab who sought this vineyard was a collateral relative who resided in Dawson County, whose name was "Mont gomery." He applied for letters of administration. Mrs. King resisted the application on the ground that she, as the widow, was entitled to it. Rice, Boyd and Smith represented Montgomery; James R. Brown and H. P. Bell represented the widow. Pending the con troversy over the administration, Montgomery filed a bill in equity to recover the property. It turned out on the trial of the right to the administration, that Mrs. King had been previously married. She claimed to have been divorced, but could only show one verdict granting it. Montgomery won the administration. Mrs. King set up in her answer and cross bill, that her money, earned by her profession, paid for the land, that the deed was taken in his name, and that he held it as an implied, or resulting trust for her. On the trial, Boyd moved to dismiss his bill, to which counsel for 70 MEN AND THINGS Mrs. T?iTig objected, on the ground that she had set up cross equities. In support of his motion, Boyd, among other things, said: "May it please your honor, we have met the gentlemen on the other side of this fight, and vanquished them on every field; and now, may it please your honor, when we want to retire across the "Amicalola mountain," and enjoy in peace our victory, the gentlemen wont let us." The motion was refused, the case tried, and Mrs. King won. Fannin, Union and Towns followed the circuit, closing with Towns. Boyd and Smith, returned home in the same buggy. After a long silence, Boyd suddenly said: "Bro. Smith, we have no cause to complain of our luck during this riding; we have lost but one case." "That is true, Bro. Boyd, but we have tried but one," replied Smith the "Granny "King case." It is as refreshing to a lawyer, as a fountain in a des ert, to a caravan, to meet with a party in a case, who will "swear the truth to his own hurt." In an age distin guished for its avarice, it is seldom a party in interest can be found who will not discolor the truth in favor of his interest. Occasionally, however, a rare exception to this general rule will occur. Such an instance took place in Farm in Superior Court. John A, Jervis, Esqr., sued John Brown, in ejectment, for the recovery of a lot of land. The defendant was an octogenarian his hair white as snow, his. rather small person slightly bent with age. The expression of his face placid and benevolent; he looked the very embodiment of peace and innocence. Jervis presented his evidence, showing his absolute right to recover. No counsel was marked HEN AND THINGS 71 or appeared for the defendant. Col. Wier Boyd, sit-. ting by, seeing the situation, and humanely desiring to do a kindness to an aged, worthy, poor old man, or share with him in a division of the land in the event he recovered, or both, held a brief consultation with the defendant, said: "Your honor will please mark my name for the defendant;" administered the witnesss oath to defendant and said to him: "Uncle Johnny, go on the stand," and proceeded to examine him as fol lows : Counsel: "Uncle Johnny, do you know the land sued for in this case?" Witness: "I do." Counsel: "Who is in possession of this land 2" Witness: "I am." Counsel: "How long have you been in possession?" Witness: "Nine or ten years." Counsel: "What im provements have you put on this lot?" Witness: "I built a cabin and cleared twelve or fifteen acres." Counsel: "Did anybody ever disturb your possession?" Witness: "No, sir." Counsel: "Tou state, Uncle Johnny, that you have occupied this land without dis turbance, continuously, for nine or ten years, built a house on it, and cleared twelve or fifteen acres of it, all the time claim ing it as your own?" Witness: "I just went on the land and cleared, and built the house, and lived on it. I never claimed it.. It is not my land." Counsel: "What! I>o you say that this is not your land?" Witness: "Yes, sir; I say that this land is not mine, I never claimed it. It belongs to the plain tiff." Counsel: "Come down, Uncle Johnny." Charles Alston, of Towns County, was insulted, or supposed himself insulted, to an extent that, in his opinion, demanded blood in atonement. He therefore 72 MEN AND THIN&S challenged the offender. Whether the challenge re sulted from the gravity of the offense, the homicidal impulse, supposed to be irresistible, in the constitutional organism of a certain class of the genus homo, or from hereditary chivalry (for he was a native South Carolinian), was never satisfactorily ascertained. The grand jury of the county, less in sympathy with the punctillios of personal honor than the enforcement of criminal law, indicted him for an alleged violation thereof. This rude action of the grand jury amused the people of the community, but disgusted the defend ant. He employed Col. Weir Boyd to defend him. The case, from its novelty in this section of the State, created great interest in the public mind; and from its importance, weighed heavily upon the thought of bis faithful counsel After its continuance for several terms of the court, it was finally tried, resulting in the triumphant acquittal of the defendant, to the dispar agement of the code penal, and to the honor of the code duello. After the adjournment of the court, at which the trial took place, Boyd and Marshall S. Smith were returning home in a buggy, together as usual, Boyd driving the regulation mule, and Smith in tensely absorbed in an effort to untangle the knotty kinks in a skein of metaphysical abstrusities, and "Distinguish and divide a hair, twixt north and north-west side." Boyd said to him: "Brother Smith, what do you think of my speech in the Alston case? Smith replied: "Brother Boyd, it was a failure." Boyd said (with solemn emphasis) : "Brother Smith, I carried that speech too long, it soured." MEN A.ND THINGS 73 Men do not always show wisdom in choosing an avo cation. They sometimes disregard the advice of the Koman philosopher "to consult capacity and follow in clination," and follow inclination without consulting v capacity. This truth finds a signal illustration in two applications for admission to the bar. They were made at different times, but to the superior court of the same county. One of the applicants was an ignorant, pre tentious, pedantic pedagogue. He was tall, of very dark complexion, and elaborately and gaudily dressed. When the court met in the morning for the examination, he arose, with a pompous, magisterial sort of movement. Having very much the appearance of a combined ad vertisement of an animal and circus show, he addressed the court as follows: "May it please your honor, as I have recently been engaged in the very interesting study of philology, I ask the privilege of answering the ques tions, in this examination, in a paraphrastic manner." The privilege was accorded. He answered the questions so very paraphrastically that the judge advised him to withdraw his application. C. W., the other applicant, had passed middle life by at least a decade. He had failed to realize his ambitious hopes for distinction in defeat, for numerous small offices which he sought. He had taught singing-school without discovering a bonanza in melody, but was not without power in politics, in bis militia district, which was remote from the county courthouse. In stature, he was a little below medium size, in intellect, below mediocrity; and in culture, still lower. His two upper front teeth were missing, and the color of his hair was of the claybank variety. His 74 MEN AND TBINO8 application was duly filed, and the order of court, ap pointing the committee of examination, regularly passed, and entered on the minutes of court. The com mittee met the applicant, G. L. conducting the examina tion on Common Law. After asking, "What was law in general? What was civil law; what natural, and what revealed law was?" And various questions about rights alienable and inalienable, absolute and rela tive all of which was Egyptian hieroglyphics to W., G. L. turned to the "economic or domestic relation, when the following occurred: G. L.: "Mr. W., how many kinds of persons are there in law ?" ~No answer. G. L., explaining, stated, "there are two, natural and artificial." G. L.: "What are natural persons?" No answer. G. L., explaining again: "Natural persons are such as the God of nature formed; you and I are natu ral persons." G. L.: "What is an artificial person?" "A woman," promptly answered W. G. L.: "Mr. W., how many kinds of children are there in law ?" "Two," answered W. G. L.: "That is correct. JN"ow, Mr. W., what are they?" W.: "Boys and gals." He was ad mitted, and a license certifying "that after examination he was found to be learned and well skilled in the knowl edge of the law; and authorized to practice in all the courts of law and equity in this State, except the Su preme Court." Somehow litigants managed their busi ness without his assistance. I never knew nor heard of his receiving a retainer, or appearing in a case. Young men may avoid breakers ahead by choosing a life-work with deliberation and decision and pursuing it with integrity and industry. CHAPTEE X. SECESSION. The Secession Convention at Milledgeville, adjourned January 29th, to meet in Savannah upon the call of the president. On February 9th I reached Nashville, as Commissioner of Georgia to the State of Tennessee. That State, at an election, though recently held, had refused to call a convention to consider the grievances of which the Southern States complained, by a popular majority of ten thousand votes. The Legislature was not in session. The only means I, therefore had of official communication with the au thorities was with the Governor of the State. That chivalric, patriotic, sterling statesman, Isham G. Har ris, was governor. The Ordinance of Secession, together with the reasons for its adoption, were officially and formally presented to him in the executive office, and the co-operation of Tennessee, with the seceded States, in the formation of the Southern Confederacy, invited. Gov. Harris was in thorough and hearly sympathy with the movement, but surrounded with great obstacles. The people had refused to call a convention to consider the matter; the legislature was not in session; theborder States peace conference was in session in Wash ington, and a condition of apprehensive uncertainty and alarm reigned supreme. The Governor could only 75 76 MEN AND THINGS await the logic of events and conform, his action to their results. While I was in Nashville, Gen. Leslie Comhs, of Kentucky, addressed an immense concourse of people at night, in the public square. His speech was an elo quent and impassioned appeal for the Union. Pend ing its delivery, the mayor of the city read a fake tele gram from Washington, stating that Lewis T. Wigfall, of Texas, had killed Andrew Johnson in a duel. The excitement of the multitude defies description. My re port of this mission appears in the journal of the Con vention. On my return from Nashville, I met at Chattanooga, Jefferson Davis, with his party, on his way to Mont gomery to assume the presidency of the Confederacy. The crowds at the different railway stations to Atlanta were numerous and enthusiastic. Though the night was far advanced, at Dalton, upon the vociferous and continued demand of the crowd, he came out of the car, and made a short and thrilling speech. By proclamation of President G. W. Crawford, the Convention reassembled, on March 7th, at Savannah; and after ratifying the permanent constitution of the Confederate States, revising the constitution of the State, and the passage of such ordinances as were neces sary to adjust the State to its new relations and provide . for such exigencies as the changed order of things might create, adjourned sine die, on March 23, 1861. There followed a restless, feverish state of the public mind. Secession orators and leaders assured the peo ple "That we were in the midst of the most remarkable MEN AND THIN&S 77 revolution of history remarkable because peaceful." The intuition of the common people taught them better. The coming event had "cast its shadow before." They had no doubt but that war would result, and were far from being a unit in favor of the policy of secession, until the fire upon Sumter, and the proclamation of .President Lincoln calling for 75,000 men to suppress the insurrection, dispelled the peace delusion, and united the Southern people from "many as the billows, to one as the sea," in the defense of their firesides, their altars and their homes. Lincolns proclamation determined the course of Vir ginia and Tennessee; and they joined the Southern sisterhood. Robert E. Lee and Albert Sydney Johnston resigned their commissions in the United States Army, and tendered their stainless blades to the land of their nativity and allegiance. The latter was at San Francisco, Cal., at the time, and made his way in mid summer, across the desert to Texas, the State of his adoption and his love. His escort was thirty brave young men (some of them army officers), who had formed the resolution to cast their fortunes with the South, without any knowledge of his purpose to do so. They were only too glad to be joined by such a com rade. They ran the gauntlet of a cordon of Federal garrisons from Los Angeles to Fort Fillmore, mfested with hostile Indians, robbers and marauders, under a temperature that was burning, and a thirst consuming, for a distance of fifteen hundred miles, moving mostly during the night, requiring six weeks time, and accom plished the march without a serious mishap or adventure. 78 MEN AND THINGS The brave people of Kentucky, Missouri and Mary land, writhing in the crucifixion of a conflict between the sentiments of love for the Union and hatred of op pression, stood for the neutrality of their respective States until the policy and power of the Federal Gov ernment bound them in the chains of slavery and tram pled them in the dust and blood of despotism, and se cured from the border States two hundred and fifty thousand of the best troops in the Union Army. It was then too late to correct the mistake. The States of Kentucky and Missouri then had democratic admin istrations, and if these great States had united with the Confederacy at the beginning, the final result might, and probably would, have been different. The promptness with which Maj. Anderson surren dered Fort Sumter, intensified the enthusiasm of the excitable and impulsive, and increased the delusion that the conflict would be short and successful Among the young men, especially, there was a restless rush to enter the military service. The unreflecting esteemed it a sort of holiday recreation, and hungered and thirsted for the excitement of the fray. People of thoughtfulness, familiar with history, and who understood the character of the American people, knew better. It is due to this class of young men who entered the service early, unburdened with families and business obliga tions and relations, to say that they developed into the finest soldiers the world ever saw. Trained by disci pline to subordination, thrilled by the impulse of an ardent patriotism, led by soldiers like Robert E. Lee, Albert Sydney Johnston, Stonewall Jackson and ni MEN AND THINGS 79 Bedford N. Forrest, they were invincible to any antago nist but death. The author joined the first company of volunteers raised in the county of Forsyth, but a large mass-meeting of the people requested him, by reso lution unanimously adopted to withdraw from the company and remain at home for the present, to aid in raising troops and in making provision for the fami lies of such as might need assistance, with which reso lution he complied. The battle of Manassas, July 21,1861, was a brilliant triumph of the Confederates and gratifying to South-, ern pride and complimentary to valor; but it increased the delusion under which the Southern people labored as to the continuance and result of the war. The masses of them knew nothing of Gen. Scotts plan to overwhelm the Confederacy with three grand armies, one to move against Richmond, another down the Mississippi River, and the third to bisect the Confederacy diagonally from Louisville via the L. & ST. railway to the sea. Nor did they know of the vast efforts and resources employed for the organization and equipment of these immense armies; nor were they fully aroused to a sense of their danger until the disaster of Forts Henry and Donelson; and the retreat of Albert Sydney Johnston from Bowling Green, to the south bank of the Tennessee River, brought them to a realization of their peril. The year 1861 was fruitful in local strife in the bor der States, and elaborate preparation for the fearful struggle to follow. In October I was elected to the Senate. This was the first general election under the 80 HEN AND THIN&8 revised constitution, by which the Senators were reduced to forty-four in number. The counties of Cherokee, Forsyth and Milton formed the thirty-ninth district. The Legislature met in November. It was the first General Assembly after the secession of the States, and the formation of the Confederacy. All classes, profes sions and avocations in the State were represented by typical men men of high personal character, eminent ability and unselfish patriotism. Warren Akin was elected speaker of the House of Representatives. On its roll of members appears the names Elbridge G. Oabaniss, Thos. M. Norwood, George N". Lester, Thomas G. Lawson, George T. Barnes, Osborne L. Smith, Milton A. Candler and many others of merit and ability. The Senate was organized by the election of that accom plished and scholarly gentleman, John Billups, presi dent, and James M. Mobley, secretary. The agricul turalists had superb representatives in the Senate in Wm. M. Brown, Wm. M. Hill, Timothy Furlow, Rich ard Lane and Samuel T. Jamison; the bar in James L. Seward, Miles W. Lewis, William Gibson, George Gordon, A. J. Hansell, James P. Simmons, Samuel D. Killen and Weir Boyd; medicine in Drs. Winn and Beasley; and scholarship in Joseph H. Echols. The Senate was a body of very able and patriotic men, ani mated with the single purpose of faithfully discharging their duty to the State, in the hour of existing and im pending national calamity. They were distinguished for their ability and moderation, their wisdom and pa triotism, their courtesy in official and social relations, their vigor and fairness in debate, and unselfish devo- r MEN AND TSINO8 81 tion to the public interest. This Legislature sought, as far as possible, to husband the resources of the State, mitigate the burdens of her people, and strengthen the arm of the Confederate government. So far as he is informed, the writer is the only sur vivor of that body of patriotic public servants. The personal friendship and delightful association with these Senators has always been and continues to be, a most pleasant memory to him. CHAPTER XI. In THE WAB. The picnic phase of the war passed with the year 1861. The following year opened, with the conviction uni versally prevailing, that it would be protracted, stubborn and bloody. The call of the government for more troops was urgent; and in response thereto, the Governor of Georgia issued his order for twelve regiments of volun teers, to serve for three years, or during the war. Henry C. Kellogg raised one company of 100 men and the writer another of an equal number in Forsyth County. These companies repaired to Camp McDonald early in March, 1862, for organization into regiments. These two--"E" and "I"--Captains, Kellogg and Bell; two from Cherokee--"A" and "B"--Captains, Mullin and Grantham; two from Jackson--"G" and "H"--Cap tains, Story and Howard; two from Hall--"F" and "H"--Captains, Law and Reeves; one from Pickens-- "C"--Captain, Harris, and one from" Banks--"D"-- Captain, Ragsdale, were formed into the Forty-third Regiment of Georgia Volunteers. The field officers elected to command it were: Skidmore Harris, Colonel; H. P. Bell, Lieutenant-Colonel, and Henry C. Kellogg, Major. Early in April the regiment was ordered to Chattanooga, where it soon entered upon the usual 82 MEN AND THIN&S 83 experience of raw recruits--in sickness, superin duced by the change of the habits and comforts of home-life, to the exposure, privation and duties of life in the camp. Measles, flux, dysentery and brain fever attacked the troops; some died and nearly all, were more or less, sick. In this condition of affairs, Brigadier-General Ledbetter, who was command ing at Chattanooga, was ordered to Bridgeport to defend the railroad bridge against General Mitchell, who, with a column, six thousand strong, from Buell's army, was advancing to seize it. General Ledbetter gathered all of his soldiers that were able to move, not exceeding 500 in number, crossed the river and formed his line of battle on the west bank, sending out scouts under Lieutenant Rheinheart to ascertain and report the movements of the enemy. Starnes' cavalry reported that the enemy was rapidly approaching in forces. Convinced of his in ability to resist it, General Ledbetter ordered his troops to fall back across the river, which they did in order. Their camp equipage, knapsacks, etc., were placed on a hand-car to run over the bridge. After all had crossed except those in charge of the hand-car, and General Led better, Lieutenant-Colonel Jackson and the writer, who were awaiting the return of the scouts, the enemy's bat tery opened fire on us from the top of the hill, with a storm of grape and canister. Rheinheart had been wounded and he and his scouts captured. We walked across the bridge in a tempest of balls and splinters from the battery, not 400 yards distant, without being struck. It was not a comfortable experience. The hand-car was behind us, near the middle of the river. It struck me 84 MEN A.ND TBING8 and knocked me from the plank, upon which I was walking, and but for the accident of falling diagonally across the bridge-timbers I would have gone to the bot tom of the river. This episode added nothing to the comfort of the occasion. Just as the hand-car reached the end of the bridge it ran over a soldier and cut off, entirely, both of his lower limbs at the trunk, and the poor fellow was wallowing in his blood and gasping in the agonies of a horrible death. The bridge was blown up and the advance of the enemy, by that means, arrested. This was my introduc tion "to the pomp and glorious circumstance of war." When I entered the army, with the opinion enter tained of the magnitude and duration of the war, I did not cherish the slightest hope of escaping death. In middle life, without military training or predilection, and honored with command, my only resource was to obey orders, do my duty and perish rather than soil the escutcheon of my wife and children with the stain of cowardice. This I resolved to do, and never faltered in keeping this resolution. The first test came at Bridge port. I was in command of the regiment, but so sick that I could scarcely stand on my feet, but I did stand all day, though in agony, and without complaint. When a field officer pleads sick, in the hour of danger, the bur den of proof is upon him. The result of this affair was an attack of fever that kept me in bed for three months, with the balance quivering in uncertainty most of the time. I rejoined the regiment the last of July, still feeble, in East Tennessee, near Morristown. The regiment, then in Reynolds' brigade, was or- MEN AND TSINO8 8& dered to Cumberland Gap, then strongly fortified, and occupied by the Federals under Gen. Morgan. There was a fight with the Federals, under DeCoursey, at Tazewell, resulting in DeCoursey'a defeat, and his with drawal and return to the gap. Nothing of interest oc curred except occasional firing between the pickets and foraging parties of the hostile forces, until the last of August, when, in conjunction with Bragg's invasion of Kentucky, Kirby Smith's column crossed the Cum berland Mountains at Rogers' Gap and the Federals evacuated their stronghold and fell back toward the Ohio. Smith had a sharp engagement early in September with Nelson at Richmond, in which he won a brilliant triumph over superior numbers, capturing many prisoners and a large amount of arms, etc., and completely routed the Federal forces. Bragg captured Mumsfordsville, moving in the di rection of Louisville; Smith moved to Lexington. We were then in the far-famed "Blue grass re gion of Kentucky." The counties of Fayette, Bour bon, Madison, Scott, Jessamine and Harrison form the most beautiful country I ever beheld. Its broad, ma cadamized pikes, its palatial homes, its baronial farms, its expansive fields of blue grass, with their fat, slick, grazing herds; its beautiful forests of walnut, beach, maple and elms, touched with the first tints of autumn --all conspired to heighten its charms. But I con fess to being absorbed in other thoughts. We were in the birthland of Lincoln and Davis, among a people, the valor of whose forefathers, at Broadaxe, Wisconsin Heights, Tippecanoe, Thames, New Orleans, Buena I t 86 HEN AND TBINO8 Vista, Cerro Gordo, Cherubuseo, Chapultepec and Molino del Key, had shed the light of imperishable glory upon the chivalry of Kentuckians and the history of Kentucky--a State whose glorious history is illus trated with a long list of illustrious jurists, ora tors, statesmen, heroes and poets--with her Clays and Crittendens, her Marshalls and Breckenridges, her Prestons and Johnsons, her Prentices, Warfields and Welbys--a glorious list of names that eclipse the proudest that emblazon the escutcheon of Norman heraldry. A land whose men are brave as Caesar, and whose women, more beautiful than "the star-eyed Sor ceress of the Nile," was now hopelessly divided, and trampling the flowers of this Eden in the blood of civil strife and fratricidal slaughter. Smith advanced to Covington, causing consternation in Cincinnati. I established and commanded the Con federate picket line in front of Covington. The result of this campaign was the evacuation of Nashville and Cumberland Gap by the Federals, the inauguration of Hawes, Governor at Frankfort, the capture of Mumsfordsville by Bragg, the victory of Smith over Nelson, at Richmond, and the bloody battle of Perryville. This battle was fought by Bragg after the Confederate retreat and Federal pursuit began. The Confederates captured a large number of prisoners and arms, besides securing and sending out a vast amount of commissary stores. Bragg returned to Murfreesboro; Smith, to Knoxville, and the Federal army to Nashville. I resigned my seat in the Senate, at Georgetown, Ky., in September, 1862, in time to elect HEX AND TSINOB 67 & successor before the meeting of the General Assembly. Hon. James R. Brown was elected to fill the vacancy. I shall never cease to cherish kind and tender memories of the hospitality of Kentucky Confederates. Hiding along a street in Lexington, literally covered with dust, a beautiful woman came out of a handsome cottage, to the gate, and asked me to alight, "Come in and have breakfast." The want of harmony between her ap pearance and mine induced me to make an effort to ex cuse myself, which proved unavailing. I went in, and met the hospitality of a sparkling julep and a delight ful breakfast, dispensed with the charming grace, dig nity and elegance for which the sex is distinguished. I felt something of the sentiment which, I suppose thrilled the heart of the Indian when he discovered the Alabama, and christened it into the name of "Here we rest." Near Paris, I was attacked violently with bil ious fever. I was taken to the elegant home of Frank Ford, who, with his good wife, gave me special atten tion and tender nursing for eight or ten days; at the same time keeping up with the movements of the op posing forces, with the view of preventing my capture. Finally he informed me that the movements of Woolford's cavalry made it vital to me to leave. He put me into his buggy and drove me, in the night, a distance of twenty miles, to Lexington, with a negro boy to ride a horse which he had given to me. I found at the hotel a member of Bragg*s staff, sick, and much exercised for his safety. The next afternoon I left Lexington in the direction of Nicholasville, on horseback. After pro ceeding five or six miles I broke down and could pro- 8 arsy AND TBINOS ceed no further. I stopped at the home of Elijah Bryan and remained here more than a week. Mr. Bryan had another guest, in the person of a pale, sick, slender youth, who belonged to Churchill's Brigade. He had been in the battle at Richmond. His age, size and condition, with his intelligence, coolness and cour age, impressed me greatly. The retreat of the Confederates was a severe blow to Southern sympathizers. As the Federals fell back and the Confederates advanced, they hoped the war would be transferred across the Ohio. They were jubilant at the coming, and in tears at the departure of the Con federate army. It was to them unexpected and dis appointing. Everybody was on the qui vive for news. All sorts of rumors were flying in every direction as to the movements of the troops of the respective armies. Under the observation and information of Mr. Bryan, I finally ascertained the location and movement of my command, and convinced that if I escaped capture, no time must be lost, I determined to make the effort to rejoin it. Mr. Bryan repeated precisely the kindness of Mr. Ford, by pxitting a negro boy on my horse, and taking me in his buggy, delivered both at the bridge across the Kentucky River just as it was being set on fire by order of the Confederates. With a grateful heart I bade my friend "good-bye," mounted my horse and was the last to cross the bridge. I held up better than I expected that day, and stopped at a comfortable Kentucky home, where I had some rest. I awoke in the morning to find that someone, during the night, had , swapped horses with me. My horse (the present from MEN AND THINOS 89 Mr. Ford), was large, fat and able. In his place I found a very thin colt, utterly broken down, with a horribly sore back, and so weak that it staggered in walking. The only thing to be done was to take the chances with the colt. So, shortening my saddle-girth a few feet and putting on the saddle, I mounted the crippled colt, to escape the Federal army. When I reached the command and removed the saddle, the colt tumbled down, where it was left when the camp moved. The comforts of. that day's travel were not promoted by the kind ( ?) assurance of everyone I passed, or met, that "I was gone up," that the '^Yankees will get you." With my facilities for movement, it was a little tanta lizing to be constantly advised as I was, to "hurry up." After resting a few days at Lenoir's Station, we were ordered to Keadysville, and thence, on December 19th, took the train at Tullahoma for Vicksburg, where we arrived on the evening of December 27th, and marched from the train, into line of battle, at Chickasaw Bayou, where the fight was in progress. I was in command of the regiment. The troops on that part of the line all next day (Sunday), were under constant fire of shells and sharpshooters.--About sun-up, I was ordered to change the position of the regiment, and while moving to the new position, was shot by a sharpshooter. I was carried to the rear, and at night removed to the hospital in Vicksburg. Singular coincidences often occur. Maj. Humble, of Louisiana, was shot in the knee; Lt.-Col. Timmons, of Texas, in the ankle, and I in the leg, equidistant from the knee and ankle, on the same day, and met at 90 MEN A.ND THINGS the hospital at night. Maj. Humble died that night. Lt.-Col. Timmons and I were removed to a private house in the suburbs of the city, and placed in the same room. His foot was amputated and he died. The ball that hit me, ranged between the two bones of the limb, lodging in the knee-joint, destroying the periosteum, caries of the bone succeeded, and gangrene in its most malignant type, supervened, defying arrest by the sur geons. The sloughing progressed with a rapidity and to an extent that was startling. Half a dozen army surgeons, upon consultation, adjudged the case hope less, and so informed my wife by telegram. My host ess, Mrs. Eberline, told the doctors that pulverized loafsugar would arrest the sloughing, which of course, they ridiculed. But when they surrendered the case as hopeless, they told her she could try her sugar. She pulverized a plateful, sifted it through a muslin cloth, and applied it to the wound. I never had any idea of the intensity of agony until then; the only way to con ceive of it was to feel it. The third application en tirely arrested the sloughing, and within two or three days the wound, which was a large and ghastly one, began a healthy granulation. It turned out that Mrs. Eberline was one of those inspired geniuses in the dis covery of simple remedies for emergent ailments "with which we sometimes, though rarely, meet. That she was the human agent that saved my life, I have never entertained the slightest doubt. I have been thus par ticular in recording in detail, what may seem to others a very small matter, in the hope that sometime, some where, the facts may be of value to somebody. On MEN AND-THINOS 91 March 8, 1863, occupying a litter, I was placed on the train, under the care of that true soldier and faithful friend, M. H. Eakes, now a useful member of the North Georgia Conference of the M. E. Church, South, and reached home a week later. During the year, with two exceptions, capture and death, I had passed through all the vicissitudes and experience of soldier-life, of hunger and thirst, heat and cold, dust and mud, weary marches and sleepless bivouacs, sickness and wounds; and perhaps had suffered more, and done less, than any soldier in the Confederate service. Col. Harris was killed at Bakers' Creek. I was promoted to the Colo nelcy and resigned. Kellogg was promoted, and was wounded at !New Hope; but, with Joseph E. Johnson, surrendered the shattered remnant of the Forty-third Georgia Volunteers at Greensboro, N. C-, in 1865. Frank Simmons concealed the regimental flag, and brought it home. He concealed it by wrapping it around his person, under his shirt. Its tattered frag ments are now with the Archives of the Regimental As sociation. CHAPTER XII. SECOND CONFEDERATE CONGRESS. In October, 1863, I was elected representative from the ninth district, to the second Congress of the Con federate States. The Congress met in Richmond in December. The House of Representatives was com posed of the following gentlemen, from: AT.ABA MA--Thomas J. Foster, William R. Smith, M. H. Cruickshank, David Clopton, F. S. Lyon, W. P. Chilton, James L. Pugh, James S. Dickinson. ARKANSAS--Felix I. Batson, Rufus K. Garland, T. B. Handley, Augustus H. Garland. FLOEIDA--S. St.George Rogers, R. B. Hilton. GEOEGIA--Julian Hartridge, W. E. Smith, M. H. Blandford, Clifford Anderson, John T. Shewmake, Jos. H. Echols, James M. Smith, George N. Lester, Hiram P. Bell, Warren Akin. KENTUCKY--W. B. Machen, George W. Triplett, Henry E. Read, George W. Ewing, James S. Chris- l| man, H. W. Bruce, Humphry Marshall, E. M. Bruce, James W. Moore, B. F. Bradley, John M. Elliott. LOUISIANA--Charles J. Viller, Charles M. Conrad, Duncan F. Kenner, L. J. Dupree, John Perkins, Jr. MISSISSIPPI--J. A. Orr, W. D. Holder, Israel Welch, H. C. Chambers, O. R. Singleton, E. Barksdale, John T. Lampkin. 92 MSN AND TSIN.O8 93 MISSOURI--Thomas L. Sneed, N. T. Norton, John B. Clark, A. H. Conrow, G. G. Vest, P. S. Wilts. K. A. Hatcher. NOBTH CABOMNA--W. N. H. Smith, R. R. Bridges, James T. Leach, Thomas C. Fuller, Josiah Turner, John A. Gilmer, James M. Leach, James G. Ramsay, B. S. Gaither, George W. Logan. SOUTH CABOIJNA--James H. Witherspoon, Wm. Porcher Miles, L. M. Ayer, W. D. Simpson, James Far row, W. W. Boyce. TENNESSEE--J. B. Heiskell, W. G. Swan, A. S. Colyar, J. P. Murray, H. S. Foote, E. A. Keehle, Jas. McCallam, Thomas Menees, J. D. C. Atkins, John V. Wright, M. W. Clusky. TEXAS--S. M. Darden, C. C. Herbert, A. M. Branch, F. B. Sexton, John R. Baylor, S. H. Morgan. VIBGINIA--R. L. Montague, R. H. Whitfield, W. C. Wickham, Thomas Gholson, Thomas S. Bocock, John T. Goode, Jr., W. C. Rives, D. C. DeJannette, D. Funsten, T. W. M. Holliday, John B. Baldwin, W. R. Staples, S. A. Miller, Roht. Johnston, 0. W. Russell DELEGATES FBOM THE TERRITORIES. ARIZONA TEBBITOBY--M. H. McWillie, Cherokee Nation; E. C. Bowdinot, Choctaw Nation; R. M. Jones, Creek and Seminole Nations; S. B. Callahan. Thomas S. Bocock, of Virginia, was elected speaker, and A. R. Lamar, of Georgia, clerk. The First Congress under the permanent Confeder ate Government had been in session often during its 94 MEN AND THINGS i term, and had made provision by law for the use of all our men and means in supporting the prosecution of the war. That body had enacted the Conscript law, which placed every able-bodied man and boy between the ages of eighteen and forty-five, in the Confederacy (except in the border States), and established the Con- stript Bureau, charged with the duty of their enroll ment in the military service of the Government. It had imposed enormous taxes upon the people, including a heavy tax in kind; in a word--it had reaped the field of resources and but little to glean, by the Second Con gress, had been left. Up to July, 1863--in the lan guage of the French Minister, M. Douyrs de 1'Hays, the "struggle seemed to be balanced" with the scales in clining in favor of the Confederacy. But upon the re sult of the battle of Gettysburg and the siege of Vicks- burg, "gravitation, shifting, turned the other way" and with separation from the trans-Mississippi portion of the Confederacy, by the Federal control of the river, and the loss of supplies drawn therefrom; for that reason, the fortunes of the Confederacy had something of the appearance of desperation. The proposition of France to the English and Russian Governments, to unite with her in an effort to secure an armistice, with the view of myolitions for peace, had been declined. Foreign governments recognized under their interpre tation of International Law, the sufficiency of the block ade of Confederate ports. The neutrality of these gov ernments prevented our privateers from entering their ports with their captures for adjudication as prizes; and therefore, they had to be burned or sunk, at sea ill! MEN AND THINGS 95 The railroads were worn out and transportation crip pled. The constant withdrawal of labor from the farms was diminishing the production of supplies; great numbers of so-called "homeguards," and "details" were scouring the country in search of conscripts and deserters. Trusted leaders like Johnson, Jackson, Polk and a host of others of inferior rank, but equal courage, like Ashby, Morgan, Barksdale, Cleburne and hundreds of others, had fallen. The women and such children as were large enough to aid them, were making a most heroic struggle to keep the wolf away. The State gov ernments, as fast and as much as they could, were dol ing out pittances of corn, flour and cotton-cards to aid them in the fearful effort for food and clothing. The men who tad passed middle life and raised families, who were accustomed to peaceful pursuits of agricul ture, and the enjoyment of domestic life, without mili tary aptitude or ambition, were unfit for soldiers. Sol diers are made as well as born, and more made than born soldiers. The city of Richmond was practically beleagurered by an army of overwhelming numbers am ply equipped, bountifully supplied, and ably com manded. It was defended by a force wholly inadequate in numbers, badly clothed and poorly fed. Judge Geo. 2vT. Lester and myself called on a certain Sunday, to see our friends in the trenches, around the city. The late Judge N. L. Hutchins, Jr., the Colonel commanding a battalion of sharpshooters, invited us to dinner. The spread consisted of thin, green, sour sorghum syrup and coarse corn bread. This was no fault of the Govern ment, nor its officials. It was the misfortune of our 96 MEN AND THINGS situation. The government exhausted all of its powers and resources, in the effort to provide for the necessi ties and comforts of its heroic defenders, yet these brave men stood by their flag and defended their convictions with a valor never surpassed, under the leadership of a General without an equal. It was under these condi tions and surroundings that the Second Confederate Congress met, transacted the public business, and wit nessed the dying agonies of a Government, instituted to preserve and perpetuate the inalienable right of civil self-government. It is interesting to consider the military operations around the city of Richmond, while Congress w&s in session. In the latter part of the winter, and early portion of the spring, Grant and Lee were confronting each other, north of Richmond. The former, with an army of 141,160 troops and an available reserve of 137,602. The force of the latter numbered 50,000, with no reserves. The campaign was opened by a movement of Kilpatrick, Custer and Dalgreen to cut Lee's communication with Richmond, and by a sudden dash, release the Federal prisoners, assassinate Presi dent Davis, and his Cabinet, and sack and burn the city. Dalgreen was met by the War and Treasury De partment Clerks and volunteer citizens, not liable to military duty, at the outer defenses of the city, and re pulsed with considerable loss--he being among the killed. Custer retreated, burning the bridges behind him; Sheridan, with 8,000 tropps, was approaching when Stewart gathered up a force of 7,100 men, ha rassed his rear, and by a detour, and forced marches, MEN AND THiyOS 97 flanked him and appeared in his front at "Yellow Tav ern," six miles from Richmond, where, being reinforced by the department clerks, he was engaged and repulsed. The brave Stewart, at the head of his column, with every chamber of his pistol empty, fell, mortally wounded. On May 1st, Gen. Butler arrived at Bermuda Hundred. On May 3rd, Grant and Lee fought the great battle of the "Wilderness," which continued for three days. The "United States forces being driven back, Grant withdrew and swung around to Spottsylvania Court house, where Lee promptly met him, and the fight was renewed and the field made historic by a baptism of blood. The armies confronting and fighting almost daily, moved in the direction of Richmond until they met in the terrible death grapple of slaughter and blood at Cold Harbor. I shall never forget the feelings I experienced while standing on Capitol Hill, in Rich mond, listening at the guns sounding the death knell of the Confederacy. While these environments were not favorable to calm and deliberate legislation, the.Congress was undismayed end entered in a business-like way, upon the dis charge of its duties. In fact, its duties were few and simple--only to provide for the increase of the army and its support, and for these purposes there were no means or resources of men, money or supplies to be ob tained. The only thing that could be done, therefore, was to go through the form of legislation. This, Con gress proceeded to do. The questions of leading inter est, discussed and considered, were the increase of taxa tion, the extension of conscription, the suspension of 98 MEN AND THINGS the writ of Habeas Corpus, the employment of negroes in the ranks, and the appointment of a Peace Commis sion. It must be remembered that the men in the trenches had families at home, struggling against starvation. When the tax bill was under consideration, I submitted an amendment exempting the products of the garden, orchard and dairy, when used for the support of the family, and not for sale. Hon. Charles M. Conrad-- not distinguished for comeliness of person, who wore a wig of rather long, faded hair, of nondescript color--by way of ridicule, proposed to amend my amendment by adding "butter and eggs." Another statesman, who had been imbibing freely (it was in night session), moved to add "bees-wax and tallow." Quite a ripple of amuse ment passed through the House, at my expense. When it subsided, I arose and spoke as follows: Mr. Speaker: 1 accept both amendments, for the reason that they extend the aid which my amendment is designed to give to the toiling women and children of the country, to prevent their starvation. I appre hend that their gallant husbands and fathers in the trenches around this beleaguered capitol, upon whom we depend for our personal safety, will not appreciate the statesmanship that would deride by ridicule, an effort to help those dearer to their hearts than the blood they so freely give for our protection. Nor will their respect be increased for the wisdom and gravity of legis lators who can derive amusement from such derision. I confess my surprise at this feeble effort at wit, com ing from the gentleman from Louisiana. He is a sort MEN AND TSINO3 99 of favorite with me. I was charmed by bia appearance the first time I saw him. Indeed, I had come to the conclusion to beg of him the favor of a lock of his beau tiful hair, to keep as a souvenir of both his exalted statesmanship and his personal pulchritude." After thoroughly discussing the bills to increase taxa tion and extend conscription, with the certainty that neither could be done, Congress passed them both. The first law provided for the enrollment of those between the ages of eighteen and forty-five years. The new law included those between seventeen and fifty years of age. While the chairman of the committee on military af fairs, Hon. W. P. Miles, was discussing the conscript bill with regard to including ministers of the Gospel, a member asked him the question "did not St. Paul labor ? Was he not a tent maker ?" to which, in much confusion, he replied, "I will say to the gentleman, that I can not answer his questions at present, as I am not fresh from the authorities upon the subject." Perhaps the ablest discussion of the Congress was that upon the suspension of the writ of Habeas Corpus. It was not suspended. The question of enlisting the negroes into the ranks as soldiers was long disputed, and the bill for that purpose finally passed. Grant had said that the Confederacy had "robbed the cradle and the grave" to recruit its armies, and had calculated on suc cess with mathematical certainty on the basis that when the last Confederate soldier was dead, the United States would still have an army left. The argument was that they could not conquer the Confederates, but that by holding on long enough, they could destroy them. And 100 MEN A.ND THINGS it was for this reason that the United States Govern ment, under Grant's advice, refused to exchange pris oners. Every Confederate held in prison was equiva lent to a dead soldier. The Confederacy had put its last man into the field. The Union had an army that quadrupled its numbers, already in the field, with large resources of men at home; and the world from which to recruit its depleted ranks, witK agents abroad actively engaged in enlisting mercenaries. The United States Government, therefore, cruelly allowed thousands of brave men on both sides to suffer, languish, and die in prison, rather than exchange them, in conformity to the usage of civilized warfare. To put the negroes into the ranks in sufficient numbers to do any good would have soon diminished the production of supplies to the starvation point. If they had the capability of becoming soldiers, the time required for their organi zation and training, made their employment too late. The Confederacy was rapidly tottering to its fall. The members of the House of Representatives were, in the main, able men. There was among them a small class of impulsive, enthusiastic optimists, inclined to radicalism. There was another class of wise, practi cal, conservative men, who knew that it required men and money to prosecute successful war; and that the Confederacy had neither. This class clearly saw that the end was near. Anxious to save whatever could be secured, from the final wreck, and make a last desper ate effort to accomplish that object, they favored an ef fort at negotiation, the appointment of a commis sion to the Government of the United States, to MEJT AND TBINQ8 101 ascertain upon what terms peace could he made and the war ended. Four men, Adkins, of Tenn., Echo-Is, Lester and Bell, of Ga., were quietly active and prominent in originating this movement. It was soon discovered that many members favored it. In; the meantime, Francis P. Blair appeared in' Richmond from Washington, upon what was under stood or conjectured to be, a sort of unofficial peace mission. The sentiment in favor of an effort at nego tiation grew rapidly. A meeting was held at the "Ballard House," over which Hon. W. A. Graham, Senator from !Nbrth Carolina, presided. At this meet ing, after full consideration, it was resolved to intro duce and press the passage in the House of Representa tives a resolution authorizing and requesting the Presi dent to appoint a commission for that purpose. The morning after the meeting the Richmond Sentinel came out in an article with the sensational head-lines: "Trea son! Treason!" bitterly denouncing the meeting as a traitorous conspiracy against the Confederacy. When President Davis was informed of this move ment, he stated promptly and frankly that if it was thought best, he would appoint the commission at once, without awaiting the action of Congress. He had an interview with the vice-president upon the subject, in which it was determined to appoint the commission. The President asked Mr. Stephens to suggest a com missioner; he named Judge Campbell. The President then named Senator Hunter and asked Mr. Stephens to be a member of it, to which he agreed. And the Hampton Roads Commission was raised. 102 MJSN AND THINGS It was~a bright Sunday morning when the commis sioners left Richmond to meet the United States Com mission, upon this high embassy. The result of the meeting is history. When the Confederacy embarked: on her career, one of her first acts was the dispatch of commissioners to the United States Government at Washington, to settle all matters of controversy peace ably, by negotiation. They were rejected. In the final catastrophe she went down with the olive branch' \ !' held out to her foes. Surely she is exempt from re sponsibility for the bloodshed and slaughter which nego tiation might have avoided. The friends of this movement, to secure peace, had but little hope of success, but they felt better after ex hausting their last effort in that direction. The failure seemed to intensify the determination to die in the last ditch. Mr. Davis made a stirring speech to a large crowd in the African Church. Dr. James A. Duncan, the eloquent pastor of the Broad Street Methodist 'i Church, preached a masterful sermon, from the text: j'l "The Sword of the Lord and Gideon" intended to strengthen the spirit of resistance, and rekindle the light of dying hope. But great speeches and eloquent sermons can not beat great armies, led by able generals. Soldiers, supplies, arms, equipments and money, are the instruments that win battles. President Jefferson Davis and his Cabinet and Congress, General Lee and his officers and men, did all possible to be done, to in sure success. And what they did with the means at command will forever stand the wonder of history. guage has no adequate expression. It must be con ceded that each is entitled to perfect equality in rights; that each is absolutely and equally indispensable to the other and to society. Then why not eliminate all antagonism and controversy between them -and ob viate the numerous evils that flow from their strife and conflict? Capital has the undoubted right to legal protection in the enjoyment of its legitimate profits, MEN AND TBINOS 173 Labor has precisely the same right to protection in the earnings and value of its toil. There is in herently no hostility between them, but on the con trary, an identity of interest that demands alliance and co-operation. Their relations and rights can be regu lated by contract and enforced by law. When capital --formed into combinations to rob labor--and labor unions united to wrong capital--produce war between them, after both parties and the public suffer much (like they do in all wars) the military power of the government is invoked to suppress it. The frequency of this state of affairs in the "United States, is a pessimis tic prophecy. And the time has come, when the means of prevention should be found and applied. Another problem pressing for attention and so lution upon the American people is the question of immigration. The Puritans and Cavaliers and their descendants,--combining the best elements of both, set tled this country, and framed and established its in stitutions. They have brought its progress and civili zation to their present state, and they are the only safe conservators of these institutions. They hold them in sacred trust for posterity. Our example, like a Pharos, has guided France, Mexico and the South American Republics into the light of free representa tive systems of governments and liberalized the monarchial systems of Europe. Our distinguished racial ca pabilities and excellencies must be preserved from de terioration. Immigration should be restricted to those of good moral character, who are eligible to naturaliza tion, and come to discharge the duties of good citizen- 174 MEN AND THINGS ship, as well as to enjoy the blessings of good govern ment and who wish to assimilate with our people and in stitutions. We have neither room nor use for the Lazzaroni of the effete despotisms of Europe and Asia. The preservation of our system rests with the race that created it. Among the problems engaging public attention none is more vital to the republic than the purification of the ballot. The ballot is the expression of the original inherent sovereignty of the people. It is. the founda tion of power. Corrupt the fountain and the stream necessarily becomes polluted. That the ballot has be come in many places and under different circumstances an article of commerce--of bargain and sale,--must be admitted by all familiar with the facts of current his tory. By this means the popular choice of rulers has been defeated. Virtue, intelligence and patriotism os tracized and saloon rowdies manipulated by ward-heel ers and county demagogues have chosen men to make and administer law, who barter the franchise, rights and interests of the people for bribes. It is astonishing that the American people continue so quiet under such wrongs, so fraught with destruction to their highest in terests. This astonishment is increased when it is re membered that the remedy is so obvious and simple. There are many methods of purifying the ballot by law. It may be done by guards placed around the place of voting; by amending and enforcing the law, prescribing the qualifications of voters; by increasing and vigor ously enforcing the penalties against the crime of illegal voting, even to the disfranchisement of the criminal, A MEN AND THINGS 175 concentrated public opinion can speedily secure this re form so imperiously demanded by the highest consider ations of the public interest. Will the people rise to the height of the argument? Or, will they, by their apathy and indifference like "the base Judean, cast a pearl away, richer, than all his tribes ?" There is another problem before us, with which the government has undertaken to deal, and, which it 13 ardently hoped, it may be able to righteously solve in ultimate suppression. This is the combination of cap ital known as "Trusts," formed for the purpose of de stroying competition, monopolizing the trade and fixing the price in certain articles of necessity to the public, in which they deal In a word, it is a combination to dictate the price the people must pay for things indis pensable to them. In all the essential elements of morals they stand upon the same basis of the highway man and the train-wrecker. They force the people's money from them contrary to their will, and without compensation. These trusts are public robbers, and should be summarily placed under the ban of public opinion and of law. This insufferable greed and ava rice diverts capital from its beneficence in the prosecu tion of legitimate enterprises, profitable to the owner, and useful to the public, and converts it into war upon commerce and plunder of the people. The President of the United States deserves the gratitude of the na tion for his efforts to free it from this blood-sucking octopus. In a world of movement, change, activity, progress and retrograde, there will always be problems pressing for solution upon the race. L CHAPTEE XX. WOMAIT isr WAS. (Address of H. P. Bell at the Confederate Reunion, at Marietta, Ga.) Confederate Comrades, Ladies and Gentlemen: The highest expression of patriotism is the offering of one's life upon the altar of his country, in the de fense of its honor, its liberty and its flag. This expres sion every true Confederate soldier has freely and vol untarily given. Confederate soldiers had no agency in causing the late Civil War, not creating the conditions which made it inevitable. They dealt with it as an existing fact. When their country was invaded and volunteers were called for they responded promptly. They left home, farm, office, business, wife, children-- all that was dear to them, and submitted their blood and life to the chance of battle. They endured heat and cold, hunger and thirst, fatigue and toil, sickness and suffering, danger and death; and all this without a murmur. They did their duty always and everywhere with unfaltering fidelity. For four long and bloody years, on more than five hundred battlefields, they held at bay more than thrice their number, and these stood, until overwhelming numbers and resources, depleted their ranks to a corporal's guard by exhaustion and 176 MEN AND THINGS 177 death. They enriched the soil of their country with their blood, and its history with their valor. When sur render became inevitable, they acquiesced; and fought the more difficult conquest of self in overcoming hos tility to their enemies. The sacred and shattered rem nant of this glorious army returned to their despoiled homes to struggle with poverty, support their families, repair their fortunes and discharge the duties of good citizenship. Thus engaged they were confronted l>y an effort of the Federal government to subordinate them to the political domination of their recently emanci pated slaves; and for a period of five years struggled against the monstrous crime of reconstruction. They finally succeeded in placing their State governments un der white Democratic control; and defeated the nefa rious scheme to destroy white supremacy in the South. In all the calamitous national vicissitudes, all the Con federate soldiers did their full duty, faithfully, nobly, heroically. But one duty remains to be performed by them. That duty is the erection, by them, of a monu ment to commemorate the patriotism of the glorious women of the Confederacy. It is a shame to us that this duty has been so long neglected. And we have but little time in which to perform it. It is upon us, a duty of the highest obligation. If woman's hand first, "Forth reaching, plucked that forbidden fruit, whose mortal taste brought death into the world and all our woe," yet, nobly has she wrought and patiently has she suffered in atonement for the dis aster that blighted the bloom of Eden. She has in every age of this world's history identified her poten- 178 HEN A.ND THINGS tialities for good with all human affairs, in all the de partments of human endeavor, from the least interest of an individual to the highest concerns of the race. It was the genius of a woman that preserved in the frail craft of floating bulrushes, on the Nile, the world's greatest leader and lawgiver. It was the minstrelsy of a woman that celebrated that leader's triumph on the hither side of the sea. It was a brave woman, who, at the peril of her life, dared to approach the Persian throne in the absence of the outstretched scepter to secure the repeal of an unchangeable law, relieve a nation from the condemnation of death and bring to condign pun ishment the vilest criminal of history. It was the strat egy of a beautiful widow that dispersed the Assyrian army, cast the bloody head of the commander at the feet of the despairing Sanhedrim, and-saved from de struction the beleaguered capital. It was a Spartan mother, who, looking upon her son, pointed to his shield and said: "Come with it when the battle's won, or on it from the field." In the bloody butchery of Saragossa, the beautiful Agostina issued from the convent, clad in white, kissing her cross, and mounting the breach with lighted match, at which the last gunner had fallen, poured from his silent gun a storm of destruction upon the assailants, dictated the reply of Palafox, "war to the knife," to Leferre's demand for surrender and defeated the conquerors of Marengo and Austerlitz. When the commander of Carthage, against the protest of his wife, surrendered to Scipio, she cursed his treason, gathered her children into her arms and with them plunged into MEN AND THIN&8 179 the burning temple and perished -with her city, rather than witness the triumph of the Eomans. It was a gentle maiden, that poured the contents of the broken alabaster box upon the head of the weary Nazarene, made nineteen centuries fragrant with the odor of love, and embalmed in historic immortality the name of Mary of Bethany. It was a group of sor row-stricken women who lingered latest at the Cross and appeared earliest at the sepulcher. It was a woman who caught at the empty tomb, from angelic lips, the thrilling whisper, "He is not here. He is risen," and first'proclaimed the truth of the resurrection, that ca bles the broken heart of humanity to the cherished hope of immortality. It is thus seen that in all human af fairs, the agency and influence of woman has been man ifest. In civil government, in religious and social sys tems, in science, art and literature, and in the tragic events of the history of the race, she has appeared at the front and acted her part. And yet, her most potential activities have been exerted in quietude and silence, without the emblazonry of publications on the pages of history. This is eminently true of her relations to, and service in the late war between the States. With the united opposition of Southern women, defense against invasion would have been impossible. With their luke warm support it would have been brief and feeble. But with their sympathy, their service, their sacrifice and their suffering, it was protracted, heroic, glorious, Upon these grounds their claims to monumental com memoration rest. These queens of love, regnant in the realm of home, surrendered all that was most dear 180 HEN AND TBINO8 to them, in their devotion to their country. The de claration of war was the signal to the women in city, town, and country to seek new fields of effort, industry and economy, in preparation for the impending strug gle. They bore increased burdens of labor without a murmur, submitted to the less of comforts, without re pining, and performed duty with a fidelity that would admit no excuse. After providing for the management and support for the family at home, they found time to hasten to the side of sick, wounded and dying loved ones on distant battlefields; to accomplish which, they disre garded military orders, baffled the interference of guards and overcame the protests of conductors. They threaded the aisles of hospitals in ministrations of mercy, relief to the suffering and solace to the dying; and love and grief for both. They consecrated their souls and bodies, a living sacrifice of unselfish serv ice to others with a devotion worthy of Eastern devo tees. They suffered want without complaint and con cealed their grief in silent tears. "The maid who binds her warrior's sash, And smiling, all her pain dissembles, The while, beneath a drooping lash, A starry tear-drop hangs and trembles, Though Heaven alone, records the tear, And fame may never know her story, Her heart has shed a drop as dear, As ever dewed the fields of glory. The wife who girds her husband's sword 'Mid little ones, who weep and wonder, MEN AND TSINOB 181 Then bravely speaks the cheering word, Although her heart be rent asunder, Doomed, in her nightly dreams to hear The bolts of war that round him rattle Has shed as sacred blood as ere Was poured upon the plains of battle. The mother who conceals her grief As to her heart, her son she presses Then, speaks the few brave words and brief. Kissing the patriot brow she blesses; With no one but her secret God, To know the grief that weighs upon her, Sheds holy blood, as e'er the sod Keceived on freedom's field of honor." The labors they performed, the privations they en dured and the sacrifices they made, were trifles com pared to the agony they suffered. This, speech has no power to express, and art, no skill to portray. Family circles broken, loved ones in unmarked graves on battlefields in distant States; and scarred and broken hearts bleeding in desolated homes; it seemed that they had exhausted their resources of labor and love. Not so. They were quick to discover and occupy new fields for the exhibition of their enterprise and affec tion. When they could no longer aid, still they could honor their dead heroes. This they did in their efforts to build monuments to their memory, of marble, and pay tribute to their graves, in flowers. And, descend ing from mother to daughter their work still goes on. 182 UEN A.ND TfflNOS Once every year in the sweet spring-time, these pil grims come to their Mecca with their offering, and dead valor reposes "Under the roses the blue, Tinder the lilies the gray." Pagan and Christian alike, through all the ages have commemorated the virtues, services and achievements of their great men and women in monumental shafts, storied urn and magnificent mausoleums. The pencil, guided by genius; and the chisel, under the same mys terious for.ce, have transmitted their features and forms in breathless beauty on marble and blushing col ors on canvas to perpetuate their glory, challenge the admiration and stimulate to imitation the generations to come after them. I appeal this day to the gratitude, the honor and chivalry of Confederate heroes to dis charge their only remaining duty; to build a monument to the memory of the glorious Confederate women who aided with their hands, encouraged with their smiles, comforted with their prayers and blessed them with their love. Our mothers, wives, sisters and sweethearts, of Confederate times won the bravest battle that ever was fought. The bravest battle that ever was fought, Shall I tell you where; and when; On the maps of the world, you will find it not 'Twas fought by the mother s of men. Nay, not with cannon nor battle-shot, With sword or nobler pen, MEN AND THINOB 183 Nay not with eloquent word or thought From mouths of wonderful men. But deep in a walled-up woman's heart Of woman that would not yield, But bravely, silently bore her part. Lo! There was that battlefield. marshalling shout, no bivouac song, No banners to gleam and wave. But oh ! these battles they last so long From babyhood to the grave. And faithful still, as a bridge of stars She fights in her walled-up-town ; Fight on and on, through the endless years, Then silent, unseen, goes down. Oh ye, with banner and battle-shot And soldiers to shout and praise, I tell you the kingliest battles fought, Are fought in these silent ways. O, spotless woman, in a world of shame, With grand and splendid scorn Go back to God as white as you came The kingliest warrior born." The part taken by the women of the Confederacy in the war between the States is preserved only in fading memories and perishing hearts. These frail witnesses will soon fail to bear their testimony to the greatness of their character and the lesson of their lives. History and literature devote their attention mainly to the man- 184 MEN AND TSINO8 agement of campaigns, the result of battles and the crit icism of commanders. The great battle of the women, at home has gone without a historian. The knightly chieftain of the Confederacy has honored himself in dedicating his great book: "The Rise and Fall of the Confederate States of America," to his countrywomen. But the wilderness of material furnished to the poet, the painter and the sculptor has remained unexplored by them. Four decades have elapsed since Appomattox rang down the curtain upon the bloody tragedy; and still the privilege of expressing our gratitude has been neglected and the consciousness of duty discharged lost. Many, perhaps, most of these noble women have crossed the silent river. Many of them who did their duty and blushed at fame, have gone from humble homes to unmarked graves, and rest from their labors but their works follow them. Their daughters trained, by their instruction, and inspired by their example, have taken up the work of sentiment and love which they inaugurated; and thus, their work is perpetuated. It may be well enough to honor maids of honor and sponsors in reunion parades, frolics and balls; but it is a poor tribute to the service, sorrow, sacrifice and suf ferings of the heroines "chosen in the furnace of afflic tion" in the fiery ordeal of war. Can surviving vete rans afford to blur their record with ingratitude so great? Are they willing to close the record of their lives without a lasting and permanent expression of ad miration and love for the women who shed luster upon all the virtues of their self in the darkest hours of na tional calamity? Whatever reasons of poverty, misfor- MEN AND TBINO8 185 tune or other things, may have hitherto been urged as an excuse for the neglect of this duty, can no longer be accepted. Prosperity universally abounds all over this Heaven-favored country. Then let the surviving vete rans crown their claim to knighthood by erecting on the soil they sanctified with their blood, a monument to the memory of their countrywomen. When this shall have been done, their duty to country and kind will have been performed, and like Simeon, they will be ready to depart in peace. Let them build of the most endur ing granite or purest marble; and let it rise to a height proportionate to the virtues it commemorates, which will make it the loftiest on the planet. Place upon its summit her faultless stature, molded in bronze by some Mills or Crawford or chiseled in marble by some mod ern Praxiteles or Canova. Plant her feet upon the con quered cross; and on her head the victor's crown. Morn ing's earliest blushes would Mss from her lips the sweet est dews of night, and twilight's last lingering rays would mingle with the charm of her smile until the stars of heaven mustered to stand nightly sentinel, around her beauty and her glory. CHAPTER XXI. REMINISCENCES OF SOME FAMOUS PBEACHEBS. The religion of a people is a force not to be ignored in the matter of government and civilization. And this is true, whether it is established by law, as in England, or prohibited from such establishment, as in the United States. In the former it is legal, in the latter it is moral force. The utterance, "My kingdom is not of this world," would seem to repudiate the alliance of church and state; and discountenance the union of the kingdom of Christ, with the kingdoms of the world. The ministers of the religion of Christianity are sup posed to teach its doctrines correctly, illustrate, in their lives, its virtues truly and to advance its interests wisely. Diversity in the power and degree of gifts ob tains, among them, as among other classes and profes sions. Some have received ten talents and some one. I have enjoyed the privilege of hearing some of the distin guished preachers of my time. Dr. Lovick Pierce said to the writer, that he never heard a poor sermon. I have enjoyed that high privilege, on more occasions than one. Most of these great and good men have passed away. Their biographies have never been written, published and spread. There are a few, the fragrance of whose memory still lingers in tradition only --whose life and work have not been written, why not, is unac- 186 MBIT AND TBINO8 187 countable, to those familiar with their merits. Among these may be mentioned, William J. Parks, John W. Glenn, Jesse Boring, Samuel Anthony, Jackson P. Tur ner, Gadwell J. Pearce, and William M. Crumley. These men were all Northeast Georgians. A radius of fifty miles, from a common center, would include the section from which all sprung. They were contem poraries. They were all self-educated; not one of them had been in college. They were all brought up in the country and on the farm. All of them (except Jackson P. Turner, who died in middle life) lived to advanced age, and fell at last with armor on. This constellation planted the Methodist Church in ]North Georgia more than half a century ago. They differed widely in the personal elements of power. But they were a unit in the possession of power. Parks was a Franklin County farmer of small means and limited education and of un prepossessing personal appearance. He joined the South Carolina Conference in the first quarter of the nineteenth century, and soon became a distinguished leader in the Methodist Church. He owes this distinc tion to two qualities: integrity and common sense. Plain, practical and sensible, he treated and dealt with all questions in the concrete. At the General Confer ence at Nashville, the Presiding Bishop, forgetting or pretending to forget his name for the moment, referred to him as the and the pulpit dealt largely in polemics. Sometimes the more ardent champions of the respective creeds would meet in debate, with the result always that each side claimed the victory. These conditions were pre cisely such as put him upon his metal and at his best, in the display of his Napoleonic power, in theological debate. His discussion was absolutely free from secta rian malignity. His mother was a Baptist, and often in the midst of an overwhelming argument against Cal vinism, he would allude to it, and pay her piety and love a tribute of affection that would melt his congrega tion to tears. With him it was a conscientious duty to discuss, explain and defend the doctrines of polity of his' church. His reason for indulging so largely in contro versy was the necessity of instructing his people in the MEN AND TBINO8 195 doctrines of Christianity and impressing them with the importance of seeking for the truth. It must not be in ferred that his pulpit efforts always dealt with or in the ological polemics. He was a masterful preacher of the Gospel. He had, in a more eminent degree than any man I ever heard, the power of compressing a whole discourse into a single expression or sentence. In this power he resembled and transcended Napoleon. His speech was in short, clear, strong, sententious sentences --never of dubious meaning; his voice of great volume, finely trained and controlled, was occasionally start ling as a bugle blast. It was my fortune to hear the last sermon (I think) he preached in Georgia. It was at 11 o'clock on Sunday, at a campmeeting on the ground now occupied by the town of Alpharetta, Milton County, in the early fifties. His text was Psalm XXIII. It was his last appearance before a large concourse of his personal friends and admirers, as the year was fading into autumn, and death. The envi ronments stirred the emotions of speaker and audience. His lips had been touched with a live coal from off the altar. His sermon was an orderly, lucid exposition of the Psalm. Towards the conclusion in a voice clear as crystal, and tremulous with emotion, with great tears dripping from his cheeks, he drew a contrast between the value of matter and spirit, the perishable and im mortal, in a tide of eloquence that was perhaps never equalled, certainly never surpassed. Soon after this he went to the West. I heard that he died after preach ing for six hours consecutively, at Fort Smith, Arfomsas. 196 MEN AND THINGS The lives of none of these great men, so far as I am advised, have ever been written and published. It is singular that they have not been. Two other great Georgia preachers have fared better at the hands of their contemporaries. The great lives and labors of Dr. Lovick Pierce and Bishop George F. Pierce have been preserved in biography--as was most meet--and transmitted in permanent form, to all future time. Lumpkin camp-ground, located in Dawson County, on the road connecting Gumming and Dahlonega and nearly equi-distant between them, and easily accessible from Gainesville and Dawsonville, has been for more than fifty years perhaps, the largest and most pop-alar camp-ground in the State. The people from the four towns named, and from the surrounding densely settled sections, annually tented in great numbers. The multi tudes attending, especially on Sunday, would number four or five thousand. In 1867 or 1868, Bishop Pierce attended the meeting and preached on Sunday, to a vast concourse. His text was a verse from the 6th chapter of John. His theme was: "Christ the Bread of Life." was at his best, in vigorous health and in the perfect maturity and strength of his marvelous powers. The surroundings were inspiring, the crowd from town and country immense. In the open air, with weather conditions delightful, the inspiration of the Holy Sab bath was upon the thoughts and hearts of the people. I occupied a seat between Ex.-Gov. Joseph E. Brown and Maj. Raymond Sanford--both ardent Baptists-- in an eligible position for seeing and hearing the preacher. For one hour and a half he held the enthralled attention MEN AND THINO8 197 of thousands in a quietness as still as death, during such a sermon as he only could preach. When he con cluded, Governor Brown turned to me with great tears rolling down his cheeks, and said, "that is the grand est man on this continent." Major Sanford concurred with him. To those who never heard the Bishop und^r similar circumstances, I can convey no adequate de scription ; to those who have, it is unnecessary to try. The contribution made to progress, civilization and Christianity by these men, and those of their class else where, can never be measured, and will never be appre ciated. The boys, college-called to the ministry in these days, may part their hair in the middle more artis tically, perform gymnastic gyrations more gracefully, pitch, kick and catch balls more skillfully and talk more learnedly of teams, innings, and umpires than these great men; but it is gravely doubted whether they approach more closely the Throne of Mercy above or the hearts of the people below. CHAPTEK XXII. RUSSO-JAPANESE WAE--PBESIDENT ROOSEVELT-- PEACE. In 1904 Russia and Japan engaged in war. It con tinued for eighteen months. Russia put into her army and navy 840,000 men of which she lost 375,000--at a cost in money and property of $1,075,000,000. This includes sixty-eight ships of war. The army and navy of Japan mustered 700,000 men, of which number 250,000 were lost, with a loss in money and property, including twenty-four warships, of $475,000,000. The total number engaged was 1,540,000 men. The total cost was $1,550,000,000. This was a prodigal expenditure of men and means for an eighteen months' war. This vast sum does not include the incidental losses of the belligerents. Both parties distinctly an nounced that they did not desire the advice or inter ference of other powers; that they would settle the controversy in their own way and to suit themselves. Early in the summer of 1905, nearly a million of men in Manchuria confronted each other, in strongly forti fied lines, from the hills of which frowned heavy guns numbered by the thousands. Battalions, brigades and divisions were maneuvering for advantage in position, 198 L MEN AND TBIN08 199 under the eye of able and skillful leaders, preparatory for a decisive battle. The powers, the press- and the people of Christendom were watching and listening with anxious solicitude, for news of the impending shock. In the fearful stillness, presaging the storm, one great man has the courage, the capacity, the patriotism and the humanity to step to the front with the olive branch of peace--Theodore Roosevelt, President of the United States--ten thousand miles from the scene of strife, ad dresses a similar note to each of the belligerents, sug gesting to them an effort to secure peace by negotiation. He addressed a note at the same time to the great pow ers of Europe, informing them of what he had done, his desire for peace and invoking their co-operation with him in his effort to secure it. The belligerents, after manifesting diplomatic indifference (but both extremely anxious to get out of their trouble) finally agreed to advance far enough to make an effort to as certain upon what terms it would be proposed and con sented to appoint commissioners for that purpose. Some difficulty arose as to the place of the meeting. Each party objected to the nominations of the other. Washington City, United States, was finally selected aa the place for the meeting. To promote the comfort and quiet of the plenipotentiaries, the President ar ranged for the meeting at Portsmouth, N. H., he spending the summer in his cottage at Sagamore Hill, in easy communication with the plenipotentiaries. M. DeWitte, on the part of Russia, and Baron Komura, with their respective suites and proper credentials, 200 MEN AND THINGS promptly met and earnestly entered upon the business in hand. They were each in daily communication with their respective governments, and in frequent separate correspondence with President Eoosevelt, who was in constant communication through his embassadors, with the Emperors of Russia and Japan. All the effort made, and the labor bestowed, and the anxiety by the President in untangling knots, suggesting con cessions and harmonizing conflicts, will perhaps re main unknown to all but himself. At last, on the 5th day of September, 1905, the treaty was signed and the civilized world drew one long, free, full breath of re lief. That President Eoosevelt alone achieved this victory of peace will never be questioned. Emperors, Kings, Presidents, statesmen, diplomats and publicists through out the world have honored and congratulated him for it, and the great heart of the great common people re sponded, "Blessed are the peacemakers." After the complete destruction of the Russian navy in the battle of the Straits, while each party had a pow erful army in hostile array, each claiming the certainly of triumph, but trembling with the apprehension of de feat, the quick intuitive perception of President Roose velt and the promptness in action for which he is so distinguished, discovered the opportune and critical moment for his interposition and the suggestion of nego tiation for peace. It was a bold and tactful display of MEN AND THINO8 201 statesmanship that closed at once the bloodiest and most destructive war of modern times, save one, and placed the United States government, of which he was tho head, in the van of the great powers of the world in power and influence in the control of international af fairs. It made him the first man of the age, and glori fied his country in the annals of humanity. CHAPTEE XXIII. LEGISLATIVES OP 1898 AND 1900. IN THE HOUSE AHI> iw THE SENATE. Legislation is a high function. It is the exercise of the supreme power of the State. Its dignity, gravity and importance are not always properly estimated. To a capable, conscientious legislator, it involves the drudg ery of labor, constancy and clearness of thought, and honesty and integrity of purpose. Those men who re gard it a frolic in which they may have a good time are wholly unworthy of the high trust. Contrary to expectations and he, may add, to his desire, the writer found himself a member of the House of Rep resentatives in 1898 and 1899; and of the Senate in 1900 And 1901. John D. Little of Muscogee County was elected speaker and John T. Boifeuillet of Bibb, clerk of the House in 1898. These gentlemen possessed high qualifications for the offices to which they were chosen. There was a large number of the members above the average in ability; many of them of superior practical wisdom in statesmanship. I am restrained from expressing my opinion of them by name for two reasons. First, it might be misconstrued into dispar agement of other worthy men. Second, since the ex- . ample of Adam, Iscariot and Arnold, I believe in the possibility of falling from grace, and that it is better 208 MEN A.ND THINGS 203 to.crown the victor when he reaches the goal at the end of the race. Let it suffice to say, that association with these able and partiotic gentlemen resulted in -forming warm personal friendships, the tender memory of which will end only with life. The routine of tax and appro priation bills engaged, mainly, the attention of thia Legislature. There was no great question of overshad owing magnitude, enlisting popular attention before it The nearest approach to it was the Willingham prohibi tion bill. This bill was thoroughly and ably debated. In the discussion, licensed saloons, blind tigers, local option, dispensaries, etc., came in for a large share of consideration. The bill passed in the House but was defeated in the Senate. Some questions of importance in the direction of reforms were raised and considered; but few measures of much public interest were finally enacted into law. An interesting episode in the history of this legislature was the visit of President McKinley to the capital of Georgia. He was accompanied by Generals Chaffee, Lawton, Wheeler, Lieutenant Hobsou and others. He was formally received by the General Assembly in the representative hall. It was in bis speech on this occasion that he captured the South, by saying that the "time had come for the government to take charge of the preservation of Confederate soldiers' graves." He held a public reception in tta rotunda of the Capitol and made a most favorable impression upon the vast throngs that saw and heard him; and who little dreamed of the deplorable fate that awaited him at Buffalo. In 1900 I was returned as the senator from the Thir- 204 MEN AND THINGS ty-ninth district, of which I was the first senator after its organization forty years previous. Of this Senate Clark Howell was chosen president, and Charles Northen, both of Fulton, secretary; and both without oppo sition. These gentlemen were popular, able 'and effi cient officers. I was chairman of the committee on constitutional amendments and chairman of a special joint-committee of both Houses, appointed to consider and report on constitutional amendments generally. A bill was pending providing for calling a constitutional convention. This joint-committee was raised to secure such amendments as were deemed desirable, and thus avoid the expense of a convention. After much consid eration and labor the committee reported a bill provid ing for ten vital amendments, which, if adopted, would have made the government of Georgia the best State government in the Union. Eight of them were adopted by the Senate. The bill failed in the House. All great reforms in peaceful times come slowly. The bane of legislation is that there is too much immature and local legislation. It has always seemed to me that this should be suggested by wisdom and necessity resulting from the experience of society. Our constitution undertakes so secure uniformity in general legislation. It is the vast amount of local legislation and the looseness and in accuracy in the language in which bills are written, as well as frequent change by amendment, with different judicial constructions, that creates confusion and uncer tainty in our law. This legislature re-elected Augustus O. Bacon to the United States Senate. And it was dur ing its session that Admiral Winfield S. Schley visited MEN AND TSIXOS 205 the Capital. He was received by the legislature in joint session in the Representative Hall. Fresh from the victory of Santiago and the idol of the popular heart the public affection for him was augmented by the ef fort of the Republican party to pluck his laurels for the brow of Admiral Sampson. He made an admirable speech, sp.ying among other things "that there was glory enough in Santiago for all; and that men who stood behind the guns and in front of furnaces were en titled to their full share." That gallant Georgian, Lieu tenant Thomas Brumby, who stood by Dewey's side on the bridge of the Olympia in the battle of Manila, was of Schley's party. A short time thereafter his remains were brought to Atlanta; and Georgia gave to Brumby a magnificent State funeral. "The paths of glory lead but to the grave." In compliance with the joint resolutions of the two Houses, I delivered the address on the Secession Con vention of Georgia, which appears in this volume. With this Legislature closed my very humble public service. CHAPTEE XXIV. LIFE, SEEVICE AND CHARACTEB OF JAKES EDWARD OGLETHOBPE, THE FOUNDEB OF GEOBGIA. True greatness consists in the unselfish service of others. Tried by this test, James Edward Oglethorpe was truly a great man. He was born in 1696, and matriculated at Corpus Ohristi College, Oxford, in 1714, at the age of 18. The same year upon the recom mendation of Marlborough, he was appointed aide de camp to Prince Eugene of Savoy, under whom he greatly distinguished himself for military skill and per sonal courage in the siege of Belgrade in the war with the Turks. His training under such captains as Marlborough and Eugene, made him an accomplished mili tary officer at the age of twenty-one years. In 1722, at the age of twenty-six, he was elected a member of Par liament. He was one of the very few young men who enter public life with the sole purpose of rendering public service instead of promoting personal ambitions. Of high family connections, a large endowment of intellectual powers, and inheriting from a deceased brother an ample fortune, the blandishments; splendors, and allurements of court-life on the one hand, and labor, anxiety, sacrifice and .suffering for the unfortunate of his race, on the other, were before him. He chose the latter like another Moses. Impressed with the inhu- 206 KEN AND TBIN08 207 inanity of the British laws, which inflicted hopeless im prisonment upon helpless insolvents, and the brntal op pression of British jailors, he determined, if possible, to secure the reformation of the former and the punish ment of the latter. He was appointed chairman of a committee raised by the House of Commons, to visit the prisons, to examine into the condition of the inmates and suggest means of reform. This committee in three separate reports, disclosed a condition of injustice, op pression and suffering that aroused the public indigna tion for the outrage against humanity and civilization. Honest, unfortunate men, who had failed in business of various kinds, possessing tender sensibilities, refined sentiments and high character, were crowded into filthy and loathsome dungeons with criminals of the lowest and vilest type, surrounded with stench and vermin to languish out a miserable existence of horrible cruelty and suffering. The English law then made no provision for the relief of insolvents from perpetual imprison ment. To Oglethorpe belongs the credit of its reforma tion. He conceived the scheme of compromising the debts, securing to the creditors such amounts as the friends of the debtors could be induced to raise; and the release of the debtors from prison on the condition that they would emigrate to America and plant a col ony. After much effort and anxiety on the part of Oglethorpe, this wise plan was adopted. On the 9th day of June, 1732, King George II., granted to certain trustees, of whom Oglethorpe was one, a charter to th-3 tract of land situated between the Savannah and Altamaha rivers. The proprietary of South Carolina hav- 208 HEN A.ND TBINGB ing surrendered all claim to it, for the reason that the new colony would be a protection to South Carolina against incursions from hostile Indians, this place was selected for the colony. To promote this enterprise Parliament donated 10,000, and institutions and in dividuals contributed, liberally. The emigrants spent their last Sabbath in England at Milton, on the Thames. They attended divine service in a body. On the 17th day of November, 1732, the galley Anne, of 200-tons burden, commanded by Captain Thomas Oglethorpe with about one hunlred and thirty persons, sailed to seek a home in the wilderness. This frail craft bore across the waves the fortunes of empire. The young est son of Richard Cannon, aged eight months, and the youngest son of Robert Clark, died on the passage and found a grave at the bottom of the sea. The pathos of their burial at sea is too deep and intense for ex pression. On the 13th of January, 1733, the Anne dropped her anchor outside the bar at Charleston har bor. On their arrival, the first thing they did was to assemble the immigrants and engage in devout thanks giving to Almighty God for their preservation and pro tection in the passage. They were most hospitably re ceived at Charleston. After spending a few restful days they sailed, touching at Port Royal for Yammacraw bluff on the Savannah River, which Oglethorpe, assisted by Col. William Bull, had previously marked out for their future home, where they landed early in February, 1733 and laid the foundation of the beauti ful city of Savannah, and the great State of Georgia. Here, under a charter securing to them the rights of MEN AND THINO8 209 British subjects, in a wilderness filled with savage In dians and wild beasts, these noble and heroic spirits re commenced the battle of life which they had fought and lost in the old world. In their early struggles they seem to have been marvelously protected against the triple bane of colonies--famine, pestilence and massacre. For this exemption they were doubtless indebted to the gra cious providence of God and the wise leadership of Oglethorpe. Oglethorpe's policy of justice and fair dealing conciliated the confidence anl secured the friendship of the Indians. Caution, exercise and tem perance preserved the health; and a genial climate, fer tile soil and active industry supplied the wants of the colonists. !N"o colonists were ever animated by a loftier purpose or followed a wiser leader. The device, rNoa sibi sed alliis," indicates the object of this enterprise and the character and purpose of Oglethorpe. The du ties of his position were grave, complex, numerous, oner ous and responsible. An accurate account of his transac tions was to be made to the trustees. The improvements of the settlement were to be conducted under his super vision. Disagreements and disputes among the colonists were to be adjusted by him; complaints of the Indians for inflicted wrongs by the whites were to be heard and the wrongs redressed; the health and morals of the people to be conserved; the boundary between the grant in the charter and Florida to be clearly ascer tained; the movements of the ever malignant, treach erous and avaricious Spaniards to be constantly watched. All these duties were discharged by him with an ability and fidelity that illustrates his character and estab- 15 210 MEN AND THINGS lisb.es his claim to a high place in the list of unselfish philanthropists. These duties were performed at the right time and in the best way, with the utmost order and system. In his first letter to the trustees, after reaching his destination, among other things he said, "I am so taken up in looking after a hundred necessary things that I write now, short, but shall give you a more particular account hereafter." A gentleman :trom South Carolina visiting him, writes as follows: "Mr. Oglethorpe is indefatigable; takes a vast deal of pains; his fare is indifferent--having little else at present, but the simplest provisions. He is extremely well beloved by all his people. The general title they give him is "Fath er.' If any of them are sick he immediately visits them and takes a great deal of care of them. If any difference arises he is the person that decides it. Thus this great man, with the "attention and affection of a patriarch, watches over and takes care of his people." Oglethorpe soon concluded articles of friendship and commerce with the Indians. His policy in dealing with the Iiidians is characterized by wisdom, humanity and states manship. The venerable and able Mico Tomo Chi Chi, wise in council, courageous in action and faithful in friendship, co-operated heartily and efficiently with Hm in his policy of justice and friendship in their dealings and relations. ^ These relations being satisfac torily settled, he next addresses himself to the exten sion and protection of the settlement. He planted dif ferent settlements at eligible places and constructed fortifications to secure their safety. The population was increased by the accession of small numbers of MEN AND THIN&S 211 Hebrews, Italians and Germans at different times. At the end of fifteen months, this great enterprise was suc cessfully inaugurated. Oglethorpe returned to Eng land, taking with him Tomo Chi Chi, the Mico, his wife, son and a few chiefs. The colonists were greatly affected at his departure, following him to the ship on which he sailed, weeping. In the language of Mr. Von Heck, "They could not restrain their tears when they saw him go, who was their benefactor and their father; who had carefully watched over them as a good shepherd does over his flock; and who had so tender a care of them, both by day and by night." The Indians were presented at court and received by the King on his throne. They were feted, flattered and wondered at to their delight and amazement during their stay in England. Oglethorpe resumed temporarily his seat in Par liament. He availed himself of the interest which the presence of the Indians created in the public mind to solicit contributions of books, for the religious and lit erary instruction of both the colonists and the Indians. The importation of African slaves and arms into the colony was prohibited. On the 10th of December, 1735, he sailed from Eng land with two ships, the "Symond" and the "London Merchant" of 200-tons burden each, convoyed by H. M. sloop of war "Hawk," with two hundred and two persons on board. Elaborate preparation had been made for Oglethorpe's passage on the "Hawk" but he chose to deny himself these comforts and take a cabin on the "Symond," where he could be in personal association with the emigrants. These 212 HEN AND THINO8 ships bore to the colonies supplies of provisions, agri cultural implements, arms, ammunition, etc. Among the passengers were John Wesley, as missionary, and Charles Wesley, his brother, as secretary of the Indian affairs for the colony of Georgia. While they each practically failed in Georgia they both became famous, John, as the founder of a great Protestant church and Charles as the peerless, sacred poet of history. The theology of the one and the songs of the other, have thrilled and solaced the heart of humanity around the planet. Oglethorpe placed Causton in charge of affairs in the colony. His management was unwise and injudicious, resulting in discontent among the people and financial embarrassment to the colony. Upon his return he brought over something more than two hundred immi grants for whose settlement he immediately provided. He settled Augusta about this time. He also discovered the true line between Georgia and Florida and secured the adoption of a treaty or arrangement by which the dispute with the Spanish was harmonized and adjusted which, however, was rudely repudiated by the Spanish authorities. He was alert in strengthening the de fenses of the coast to meet the impending invasion. The distance from England, the delay and difficulty in obtaining assistance and his inadequacy of men and munitions of war placed him and the fortunes of the colony in the utmost peril. But they developed in him the highest qualities of the true soldier and statesman. His defense of St. Simons, against a vastly superior force was characterized by the rarest courage and mili- MEN AND TBIN&8 213 tary skill and strategy, of which a fitting memorial is the name of the "Bloody Marsh." The retreating Spaniards were followed subsequently by Oglethorpe to St. Augustine and the failure to capture this strong hold resulted only from the weakness of Oglethorpe'a force. Causton had been deposed and the mischief his con duct had inflicted upon the colonists in the main re paired. The negro insurrection in South Carolina sup pressed and the Spanish invasion repelled, Oglethorpe now provided for the future security of the colony by thoroughly repairing the fortifications upon which its protection depended. This accomplished, the colonists with a career of prosperity opening up before Item, after ten years of arduous toil, deep anxiety and selfsacrifice, he left Georgia for England, July 23, 1743. It woiiid seem that this pioneer knight of humanity, after having done, suffered, sacrificed and accomplished so much for the service and happiness of others, would escape the wrongs of misrepresentation, calumny and persecution. Yet such was not the case. Ambition, avarice, malignity and meanness have characterized every age of this world's history. These contemptible vices put in their appearance among the colonists. A mutinous soldier attempted to assassinate Oglethorpe. Others with higher pretensions but equally base spirit, by vile slander, would paralyze his influence and blast his fame. One, Col. Cooke was conspicuous for his as saults upon the character and conduct of his general. A British court-martial branded the charges as false; and dismissed him from the service with infamy. The 214 XEN AND THINGS contrast of these low vices with his illustrious virtues only added brilliancy to their splendor. In the brief period of a decade this loyal subject of the crown and faithful servant of the trustees--equally a master in the conception of the grandest schemes and the execu tion of the smallest details, perfectly familiar with the caprices of human nature, and largely endowed with the power to control men, disregarding difficulties andovercoming obstacles, pursued his purpose with a step as steady as time, planted a colony in the wilderness, conciliated the friendship of the Indians, humbled the pride of the Spanish and thus laid upon the granite foundations of justice, truth and virtue, the corner stone of the great Empire State of Georgia, whica stands and will forever stand--the imperishable me morial of his greatness. Upon his return to England he submitted his report to the trustees and received their sincere thanks for the ability, fidelity and success with which he had discharged the trust. The king appoved his conduct, recognized his ability and the value of his services, and promoted him to the rank of Lieutenant-General, Major-General and finally, General of the British Army. Artists, scholars, poets, orators, statesmen and philosophers sought his society and friendship. He retained his seat in Parliament until 1754, and was recognized as the Governor of the Colony of Georgia until the surrender of the charter of the trustees to the crown in 1752. He lived to wit ness the dismemberment of the empire lie had done,. 3fEN AND THINGS 215 suffered and spent so much to extend and glorify. He held an interview with Mr. John Adams, the first plenipotentiary from the young republic to the court of St. James. He lived to the advanced age of ninetyseven years, nearly one-third of a century longer than the allotted span. He died with the serene tranquility of a philosopher in the sublime faith of a Christian. The analysis of Oglethorpe's life and character de velops a rare and bright constellation of high qualities and shining virtues. If he had ambition it was not that reprehensible sort which seeks power, wealth and fame for self-aggrandizement, but rather that laudable kind which seeks to be remembered for the good dons for others. A wise, practical legislator and statesman, he knew how to discover and apply remedies for exist ing evils. A brave and skillful commander, he knew when and where to protect the weak. Recognizing his duty to his God and his race, his heart trembled with sympathy to the appeals of sorrow and his strong hand was outstretched for the relief of suffering. He ex changed ease, comfort, pleasure and security for toil, anxiety, hardship and danger. He devoted time, tal ents and fortune upon the altar of philanthrophy to minister to the help of others; and stands the foremost Englishman of his age; and next to Washington, the finest character in history. Marlborough and Blen heim, Wellington and Waterloo, Nelson and Trafalgar, pale and fade in comparison with Oglethorpe and Geor- 216 MEN AND THINGS gia. If it be true, as an American poetess has sweetly sung "That parted friends of whom we say 'In beds of clay they rest,' ! Bend meekly down from glory's sphere And, with an angel's smile or tear Allure us to the blest;" then the spirit of Oglethorpe must woo, with solic itude the prosperous, happy millions of Georgians, to the practice of virtues, his own life so gloriously illus trated. CHAPTER XXV. THE RELIGION OP CHBISTIAUITY. The soul of man has thirsted and panted in all climes through all the ages for the solution of the mys terious problems of life and death. Divine revelation as contained in the sacred Scriptures alone furnishes it. The religious element or instinct of the race has found expression in vague theories and speculations and the establishment of monstrous and revolting sys tems of idolatry to propitiate the unknown and un knowable cause or author of being, of its origin and destiny. The book of nature, open to all the world, has sug gested to reason and philosophy the invisible things of Him from the foundation of the world, which are clearly seen, being understood by the things that are made even His eternal power and God-head." But reason and philosophy could never find out the institu tion and administration of a moral government involv ing law, prescribing death as the punishment of its violation, nor the stupendous scheme of merciful sal vation, which infinite Goodness ordained for the pardon of sin and rescue from death. Divine revelation alone reveals this truth; hence its necessity and value. It opens with a brief historic summary of the Creation, communicated by God, through inspiration to Moses. 217 218 KEN AND THINO8 It shows that the first pair were created male and female, free from sin, endowed with volition, put in a pleasant place, assigned to agreeable employment and subjected to law. This was the law of faith and obe dience, the cardinal and constitutional law of the Divine administration, unchanged and unchangeable. They disbelieved, disobeyed, and thus brought death into the world with all our woe ? and thus raised the great pro!> lem with which the religion of Christianity deals,--the maintenance of the integrity of an unchangeable law that condemns to death and yet saves the criminal un der its condemnation. After the disaster of the fall, the law of faith and obedience was presented in another form--in the form of promise. "The seed of the wo man shall bruise the serpent's head." This promise was vague but Abel caught its import of atonement and pardon and evidenced his faith by his offering of the symbol in sacrifice of the lamb slain from before the foundation of the world. The revelation of God, of Himself and His government was slow, gradual and progressive with salient points and crises which served as keynotes in the music of the march. Such were' the translation of Enoch, the call of Abraham, and the giving of the law to Moses, Enoch walked with God; by which is meant he believed and obeyed Him. He was translated as the sign and proof to the patriarchial age of the final resurrection. Abraham was chosen the head and founder of the family through which the promise was to be fulfilled, and deliverance was to come. His selection was made after subjecting his faith and obedience to the severest test that Infinite HEN AND TBINO8 219 wisdom and goodness could devise. The Decalogue, written by God on tablets of stone, was delivered to Moses as the basic rules and principles for all time, by which the race should regulate its conduct and rela tions with the Creator and each other. It vindicates the majesty of the sovereign and provides for the pro tection of every right and interest of the subject. The worship of the Tabernacle with its symbolic ritualism was the shadow of good things to come. "Our school master to bring us to Christ." Obedience to the cere monial law was the test of faith in the promise. It was in a sense spectacular, appealing to the thought through the senses. The prophetic succeeded the patri archal age. The promise had been repeated with in creasing clearness and emphasis. The Temple super seded the Tabernacle. Elijah's fiery flight had illustrated to the prophetic age the glorious truth of the final resurrection. Job knew that his Redeemer liveth, and that after his skin, worms destroyed his body, yet in his flesh he should see God. Daniel saw a kingdom set up which shall never be destroyed. Isaiah, whose lips were touched with a live coal from off the altar from the loftiest sum mit of prophetic vision, witnessed the final sacrificial scene, which he described with historical accuracy and announced the truth before the event that "with His stripes we are healed." Zachariah saw in the twilight of the dispensation of law a prophecy, "a fountain flowing out from the House of David, and from Jerusalem, half of it to wards the former sea and half of it towards the hinder HI! 220 MEN A.ND THINGS sea; and in winter and summer shall it be." The multi tudes of the former sea slaked their thirst for immortal ity by faith in the promise, those of the hinder sea by faith in its fulfillment. In the fullness of time there was a rumor at Jerusalem that a new king of the Jews was born. A strange star had appeared and guided wise men to Bethlehem to offer him their fealty and worship. The shepherd told a strange story of a new song "Glory to God in the Highest; Peace on Earth--Good Will to Men." Herod became alarmed for his throne and mas sacred the children of Bethlehem in the hope of destroy ing the new king. But his parents, being warned in a dream of danger, fled with the young child into Egypt where they remained until Herod's death. These events seem to have passed out of the public thought, except the memory of Herod's cruelty and of the grief of the sorrow-stricken mothers of Bethle hem. Thirty years thereafter a bold, fearless and earnest ascetic emerged from the wilderness and start led the country by boldly proclaiming that "the King dom of Heaven was at hand" and preaching the doctrine of "baptism and repentance for the remission of sins," as the necessary preparation for the reception of the King. The seed of the woman appeared on the banks of the Jordan, whom when John saw, he exclaimed to the multitude "Behold the Lamb of God that taketh away the sin of the world!" Startling announcement! Annealed by the baptism of water and the Spirit for His mission, which was "to seek and to save that which was lost," He selected His Disciples and entered MEN AND TBINOB 221 upon His offices--of prophet to teach, priest to atone, and king, to rule. His advent was in the fullness of time. The highest tides of Grecian, Roman and Hebrew intellect and learning met at the Jewish Capital. The nations were at peace. Judaism, power and paganism were at their best to examine the pretentious and contest the claims of the Carpenter of Nazareth to the Messiahship. "And seeing the multitudes, He went up into a mountain, and when He was set, His disciples came unto Him. And he opened his mouth and taught them, say ing "what ?"--stating the necessary conditions of spirit in the process of transition from condemnation to par don, from pollution to purity, from death to life, viz: Humility, repentance, submission, sincerity, forgive ness, purity. These eternal truths he utters in the sweet persuasive form of blessings. "Blessed are the poor in spirit, for theirs is the Kingdom of Heaven." "Blessed are they that mourn, for they shall be.com forted." "Blessed are the meek for they shall inherit the earth." "Blessed are they who hunger and thirst after righteousness for they shall be filled." "Blessed are the merciful, for they shall obtain mercy." "Blessed are the pure in heart, for they shall see God." "Blessed are the peacemakers, for they shall be called the children of God." This is the culmination, purity of heart and peace with God. The Master in this dis course is dealing with the questions of life and death in a kingdom of law and love. He asserts the suprem acy and duration of the Decalogue; and proceeds to interpret it according to its true spirit and meaning, and to explode its perversion by false teachers. He 222 MEN AND TSIN&8 proceeds with His instruction in the application of the provisions of law, and principles of love in the conduct of life, in terms so simple, with illustrations so clear, that the weakest mind could not misunderstand; and with wisdom so profound that the shrewdest malignant could not assail until He reached the climax: "Be ye therefore perfect, even as your Father which is in heaven is perfect." After this, He returned to the line of in struction, asserting the true and assailing the false in motive and method. He emphasized the importance of sincerity and rebuked the shame of hypocrisy in professed worship. He guards all the coming genera tions against the ignorance, weakness, selfishness and hypocrisy in prayer by instructing how, and for what to pray. "After this manner therefore, pray ye: 'Our Father which art in heaven, hallowed be Thy name.'" N"ot your Father nor mine, but Our Father in the plural, so that each one prays for himself and all others--thus recognizing the relationship of family--father and chil dren with all the tender sentiments of affection which the relationship implies and in precise conformity to the law. "Thou shalt not take the name of the Lord thy God in vain." Hallowed, honored, revered and glorified be Thy name. Thy kingdom of truth, love and law-- to all hearts the expression of hungering and thirsting after righteousness. "Thy will be done on earth as it is in heaven." The unconditional surrender, submission and obedience of the human to the divine will "Give us this day our daily bread." Christ is the bread of life, of which if a man eat, he shall never die. This invoca- KEN AND raiN&a 223 tion calls for the spiritual life of Christ as the daily banquet of the hungry soul, and also the material which nourishes the physical body. "Forgive us our debts, as we forgive our debtors." This recognizes the absolute equality of rights and obligations; and that no one can claim forgiveness who refuses to concede it. "And lead us not into temptation, but deliver its from evil." This has been called the wisest utterance that ever fell from lips--human or divine. It seeks certain safety by avoiding all risks. The Teacher knew that temptation had wrecked the race. He had felt and struggled with its power. He knew the weakness of men. He knew whence deliverance comes; and gra ciously ordains this invocation as the means of secur ing safety. The spirit that utters this prayer truly will not fail to realize that God's is "the kingdom, the power and the glory forever." Following this prayer, are lessons of truth simply stated and beautifully illus trated, dealing with the providence of God and the hearts and life of men, in their relations to Him, and to each other--uniting the authority of the law, the prophets and the gospel in support of the infinite wis dom and absolute perfection of the rule, "In all things whatsoever ye would that men should do to you, do ye even so to them." The people were astonished at His doctrine, for "He taught them as one having authority and was not as the Scribes." What blessing and a joy it would have been to Socrates, Seneca and Plato to have heard this most wonderful discourse! 224 MEN AND THINGS Truth is unchangeable. The great Teacher never modified these truths, but as occasion required, elabo rated, emphasized and intensified them, in simile, parable and story, and exemplified them in his life. The Epistles continue their explanation and seek t.o secure their adoption in faith and practice. All avail able resources were exhausted to suppress them, and discredit the Teacher. As these efforts increased in magnitude and malignity, He assumed a bolder atti tude ; and interposed higher claims for their authorship and authority; and overwhelmed his assailants with dis may, chagrin and discomfiture. The common people heard Him gladly. The scribes and elders rejected Him. But a Greek woman and a Roman captain be lieved, and were blessed by Him. The scepter was de parting from Judah, in the presence of the Lion of his Tribe. For about three years the Messiah toiled and traveled over Palestine and preached the gospel of the King dom of Heaven on mountain and in plain, in cities and solitudes and on land and lake. He hungered and thirsted and was without home and shelter. Great multitudes followed Him always and everywhere and pressed upon and crowded around to iiear Him. For "He spake as never man spake." He healed the sick, restored the blind, cured the lame, cleansed the lepers, cast out devils, gave speech to the dumb, fed the hungry, stilled the storm, and calmed the sea, raised the dead, pardoned penitents and preached the gospel to the poor. While thus engaged malignity hav ing met him at the cradle with an edict for His death-- . JfEN AND THIN&3 225 pursued Him without intermission, until it secured it on the cross. As He approached the end, He an nounced to His disciples plainly that His enemies would kill him, and that He should arise the third day. A few days thereafter, taking Peter, James and John with him into a mountain He was transfigured before them. Moses, representative of law and Elijah, of prophecy, appeared and talked with him of his approaching decease at Jerusalem, and witnessed the glorious light of the gospel, the gospel of salvation as symbolized in the transfigured face of its author. Moses received the tablets of the law in the terrors of cloud, thunder and lightning on Mount Sinai. Elijah overthrew the prophets of Baal with consuming firo from heaven upon Mount Carmel. But on the ra diant brow of Mount Tabor, in the calm sweet ness of light and love, the light of the world in His transfiguration, indicated the fulfillment of promise, prophecy and ceremonial law as well as His glorification after His resurrection, receiving from His Father, from the bright cloud which over shadowed Him, the message to all the world, for all time, "This is my beloved son in whom I am well pleased, hear Him." The end was approaching. The last authoritative celebration of the Passover was held, at the conclusion of which a new memorial was insti tuted; the banquet of faith in the broken body and shed blood of the world's Redeemer in the symbol of bread and wine and the monumental lesson of service and humility taught in washing the disciples' feet. 16 226 MEN AND THINGS The awful tragedy of the betrayal, mock trial and Crucifixion immediately followed; succeeded by the Resurrection, the delivery of the commission to preach the gospel to all the world, the Ascension and the Pen tecost. The three principal figures in the condemna tion and Crucifixion scene Judas, Caiaphas and Pi. late each sought refuge from despair in suicide. The Jews, at their Capital, through their constituted author ities murdered the Son of God. His response to that crime is read in the overthrow of the Capital by the Romans under Titus and the subsequent history of the Jews. The gospel of the Son of God and the agency of the Holy Spirit are the powers now engaged for the worlds salvation. The sacred Scriptures revealed God as an eternally self-existing Spirit, in unity with the Lord Jesus Christ, His Son, and the Holy Ghost, proceeding from the Father, forming the one, only true and living triune God the Creator and author of all things. He is absolutely infinite, in wisdom, in power, in righteousness, in knowledge, in justice, in truth, in mercy, and in love. They reveal further the establishment of a moral government, based upon law, faith and obedience designed to glorify Himself and promote the happiness of His creatures. When unbe lief resulting in disobedience brought death upon the race as the penalty for sin, He graciously provided for atonement and satisfaction for sin, by the death of His Son; and secured to the race upon the simple conditions of a repentance, faith and obedience to law, salvation and eternal life. "For God so loved the world that He gave His only begotten Son that whoso- ItEN AND THINOB 227 ever believeth in Him, should not perish bnt have ever lasting life." "Let all the world fall down an