USA > Georgia > A standard history of Georgia and Georgians > Part 73
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76
* Lanman's "Biographical Annals of the U. S. Govt., " pp. 533-535.
+ Miller 's "Bench and Bar of Georgia, " Vol. I, chapter on Berrien.
570
GEORGIA AND GEORGIANS
ming, Clayton, Cuthbert, Gamble, Reese, Spalding, Tate, Rockwell, Beall of Bibb, Taylor of Burke, Bailey, Warner, Dawson, Haynes, Gordon of Putnam, Clark of Henry, Janes and Harris.
"On the third day Mr. Forsyth called up his resolution of the day . before, and Mr. Berrien moved to amend. Thus began the battle royal between the giants. Perhaps on no other occasion in Georgia was there such an imposing display of eloquence. Mr. Forsyth. stood forth in the majesty of his intellect and the graces of his unrivaled elocution. For three days the Convention and the crowded galleries listened to the debate with rapt attention. All conceded the victory to Mr. Forsyth in the preliminary discussion. He seemed like a giant, bearing down all obstacles in his way. Mr. Berrien took the floor amid plaudits from the galleries. He waved his hand and shook his head gravely, his beaming face upward, to repress the demonstration in his favor. What delight he afforded all present by his polished style and sweet delivery may be imagined by those who have had the good fortune to hear this American Cicero. Other speakers participated in the discussion; but the author does not remember all of them, though a spectator. Col. William Cum- ming, in point of dignity and force, called to mind a proud Roman Senator. Messrs. Clayton, Torrance, Rockwell, Cuthbert, Spalding, Beall, G. W. Gordon, Ilaynes and Alford were among the principal debaters. Gov. Gilmer made an argument with his usual zeal and abil- ity on the main question, at another stage of the Convention.
"On Friday, General Blackshear, Chairman of the Committee of Twenty-One, made a report, which was read to the Convention by Mr. Berrien. It emphasized State Rights, set forth the limited powers of the Federal Government, and declared the several tariff acts of Con- gress, designed for the protection of domestic manufactures, to be un- constitutional and void. It also recommended unanimity of action on the part of the aggrieved States of the South, and authorized the presi- dent of the Convention to communicate the action of the body to these sister Commonwealths.
"Mr. Forsyth offered a substitute for this report, denying the neces- sity for any radical action of this kind in regard to the tariff, and sug- gesting that the Legislature be asked to appoint delegates to a South- ern Convention to discuss measures of relief, whenever the other States of the South were agreed in regard to the wisdom of this method of redress.
"The substitute was lost, but before a vote was taken in the Conven- tion on the Report of the Committee of Twenty-One, Mr. Forsyth laid on the secretary's table a protest signed by himself and some fifty dele- gates, all of whom then retired together from the Convention. The scene was very exciting, but it passed off quietly; and, after slight amendments, the report was adopted by a vote of 64 yeas and six nays. Two important committees were appointed-one to address the people of Georgia, consisting of Messrs. Berrien, Clayton, Gordon of Putnam, Beall of Bibb, and Torrance; and the other styled the Central Commit- tee, consisting of Messrs. Torrance, Rockwell, John H. Howard, Samuel Boykin and James S. Calhoun, to take whatever steps were necessary to give effect to the measures adopted.
"The author has dwelt freely on these topics for the principal reason
571
GEORGIA AND GEORGIANS
that the young men of the State should understand the condition of par- ties, at a season of great peril to the Union; and also because the Con- vention was anterior to the 'Ordinance of Nullification' in a sister State. No formal action was ever taken at the ballot-box to carry out the objects of the Convention."
Thus it will be seen that only a partial victory was won by the anti- tariff agitators. The Legislature of Georgia, while opposed to the sys- tem of protection, strongly disapproved of the tariff agitation. It also condemned the doctrine of Nullification as neither a peaceful nor a con- stitutional remedy but on the contrary as tending to civil commotion and disunion. Georgia's extreme conservatism was emphasized in this reso- lution.
South Carolina was much more radical. Under the spell of Cal- houn's genius, she promptly espoused and boldly asserted the doctrine of Nullification ; and impelled by the fiery temper of the Huguenots she hastened in 1832, when a new tariff law was enacted, to declare it null and void within her boundaries. This was followed by a convention of the people in which secession was threatened. Thereupon President Jackson issued his famous proclamation and Congress passed a Force Bill giving him power to send troops into South Carolina and to coerce her people into accepting these oppressive measures of Congress.
Georgia's indignation was now aroused. She recalled her owu un- happy quarrel with the Federal Government during the administration of President Adams, when the latter threatened to invade Georgia's soil with armed troops. South Carolina was now in a similar predicament. But Mr. Clay's famous Compromise Bill of this year poured oil upon the troubled waters. This reduced the tariff on a scale satisfactory to its opponents; and South Carolina thereupon rescinded her action in regard to Nullification.
Party lines in Georgia underwent radical changes as the result of these disturbed conditions. Some of the prominent leaders in the Troup party, including John M. Berrien, George R. Gilmer, William H. Craw- ford, William C. Dawson, and Augustin S. Clayton, held a convention at Milledgeville on November 13, 1833, and formally launched an organi- zation called the State Rights Party of Georgia. Some, if not most of these, however, were opposed to so extreme a measure as Nullification.
Of course, there were many who did not share in the prevailing hos- tility to a protective tariff; and there were likewise many who, for the sake of tranquillity within the Union, were willing to subordinate this issue to higher considerations of patriotism. Senator Forsyth, an origi- nal Troup man, was among this number. Moreover, the remnants of the old Clark party took refuge under this banner. At a later period these styled themselves the Union party of Georgia.
Thus the Troupers and the Clarkites disappeared from the field of Georgia politics.
Meanwhile, however, in the fall of 1833, Wilson Lumpkin was re- elected governor, defeating Joel Crawford. During the same year, George M. Troup, the great apostle of state rights, whose health, never at any time robust, had suffered impairment, due to the strenuous activi-
572
GEORGIA AND GEORGIANS
ties of public life, relinquished his seat in the United States Senate and retired to his country-seat, Valdosta, in Laurens County, where his re- maining days were spent. Here he lingered for more than twenty years but took no active part in public affairs.
Judge John P. King, of Augusta, president of the Georgia Railroad and one of the state's pioneer captains of industry, succeeded Mr. Troup as United States senator from Georgia.
The Legislature of 1833 created a new judicial eircuit-the Coweta -to preside over the courts of which Judge Hiram Warner was elected. In after years Judge Warner became chief justice of the state.
President Jackson, if bitter in his hatreds, was tenacious of his friendships. He remained true to his secretary of war, Maj. John H. Eaton, of Tennessee, even though the latter's marriage to the notorious Peggy O'Neill became a national scandal, putting the whole of social Washington against his administration and eventually eansing the famous rupture in 1831 of the Jackson cabinet.
Judge Berrien, after relinquishing the attorney-generalship, resumed the practice of law in Savannah; but another Georgian was at this time signally honored by President Jackson. In 1834, John Forsyth, of Georgia, then a United States senator, was rewarded for his splendid championship of the administration, both on the floor of the Senate and in the great anti-tariff convention of 1832. Called into the cabinet as secretary of state, under President Jackson, Mr. Forsyth retained this exalted office with credit to himself and to the nation, under President Martin Van Buren. Dying at the elose of his second term of office, he was buried in the Congressional Cemetery, at the nation's capital.
Alfred Cuthbert succeeded Mr. Forsyth, in 1832, as United States senator.
Two other events of signal interest characterized the administra- tion of Governor Lumpkin. One of these was the famous meteorie shower of 1833, an event giving rise to a body of traditions, all of them more or less exaggerated, dating back to the time "when the stars fell." The other was the centennial anniversary of Georgia's first settlement. On February 12, 1833, the birthday of the state was celebrated with great eclat. Meetings were held in Savannah, Augusta, Macon, Eaton- ton, and other towns of the state. One hundred years of existence had evolved the feeble Colony of Oglethorpe into a powerful commonwealth of the American Union; and while the future held in store for Georgia the fiery convulsions of a great Civil war its approaching storm-clouds were arehed by an imperial rainbow.
CHAPTER XVIII
WILLIAM SCHLEY, A CANDIDATE OF THE UNION PARTY, DEFEATS CHARLES DOUGHERTY FOR GOVERNOR-THE LATTER AN EXTREME ADVOCATE OF STATE RIGHTS-GEORGIA'S CONSERVATISM AT THIS PERIOD-ON DE- CEMBER 29, 1836, A FINAL TREATY IS NEGOTIATED WITH THE CHERO- KEES UNDER WHICH THEY AGREE TO RELINQUISH ALL LANDS IN GEORGIA AND TO MIGRATE WESTWARD-EVENTS PRECEDING THIS COM- PACT-TWO PARTIES IN THE CHEROKEE NATION-THE RIDGE PARTY ADVOCATES REMOVAL-THE ROSS PARTY OPPOSES REMOVAL-ELIJAH HICKS, A FRIENDLY CHIEF, IS KILLED BY THE HOSTILES-AT LAST THE EYES OF THE FEDERAL GOVERNMENT ARE OPENED TO THE NECES- SITY OF REMOVING THESE TROUBLESOME RED-SKINS-PUBLIC SENTI- MENT, HOWEVER, EXCEPT IN GEORGIA, IS WITH THE INDIANS-TWO YEARS ALLOWED THE CHEROKEES IN WHICH TO MIGRATE-BUT FEW WILLINGLY DEPART-GENERAL SCOTT ARRIVES IN GEORGIA TO DIRECT THE REMOVAL-SUBSEQUENT EVENTS RESERVED FOR ANOTHER CHAP- TER-THE CREEK WAR-HOSTILE RED STICKS BEGIN AN UPRISING ALONG THE CHATTAHOOCHEE-STILL UNRECONCILED TO THE TREATY OF INDIAN SPRINGS-GENERAL SCOTT ESTABLISHES ARMY HEADQUAR- TERS IN COLUMBUS-THE ATTACK UPON ROANOKE-ITS DESTRUCTION BY FIRE-BOATS ON THE CHATTAHOOCHEE BURNED BY THE SAVAGES- CAPTAIN GARMANY'S NARROW ESCAPE-THE BATTLE OF SHEPHERD'S PLANTATION-EN ROUTE TO JOIN THE SEMINOLES IN FLORIDA, A PARTY OF CREEK INDIANS FIND THEMSELVES ENTRAPPED ON AN ISLAND IN BAKER COUNTY, AND FEW OF THEM ESCAPE-THE BATTLE OF ECHO- WA-NOTCH-AWAY-MAJOR JERNIGAN'S GALLANT EXPLOIT-END OF THE CREEK WAR-MEMBERS OF CONGRESS DURING THIS PERIOD- RICHARD HENRY WILDE, DEFEATED FOR RE-ELECTION LEAVES THE STATE-BUT, DYING IN NEW ORLEANS, HE IS BROUGHT BACK TO GEORGIA FOR FINAL SEPULTURE-HIS UNIQUE LITERARY GENIUS- AUTHOR OF "THE SUMMER ROSE"-JAMES M. WAYNE, OF GEORGIA, ELEVATED TO THE FEDERAL SUPREME BENCH-THE PRESIDENTIAL CAMPAIGN OF 1836-GEORGIA SUPPORTS HUGH L. WHITE, OF TENNES- SEE, IN PREFERENCE TO VAN BUREN-WILSON LUMPKIN SUCCEEDS JUDGE KING IN THE UNITED STATES SENATE-GEORGE R. GILMER IS AGAIN MADE GOVERNOR.
Georgia's conservatism reasserted itself in the eampaign of 1835 for governor. There were two candidates in the field at this time. William Sehley was chosen by the Union party as its standard-bearer, while Charles Dougherty, a noted lawyer, was supported by the state rights party ; but the former won in the popular eleetion. Despite the disrup- tive effects produced by the Foree Bill, tranquillity once more prevailed,
573
574
GEORGIA AND GEORGIANS
due to Mr. Clay's Compromise; and there was little talk of Nullification. Once more Georgia felt the old ties of attachment binding her to the Union.
The administration of Governor Schley witnessed a final treaty with the Cherokees, at New Echota, on December 29, 1835, under which they peaceably agreed to a relinquishment of all the lands still occupied by them within the borders of the state. William Carroll and John F. Scher- merhorn were the commissioners on the part of the United States Gov- ernment. It is sometimes called the Schermerhorn Treaty because it was in the main negotiated by the latter. But, leading up to this important transaction, there are just a few minor events which need to be discussed.
On the issue of a westward migration, two rival parties were developed in the Cherokee Nation, one of which, headed by John Ross, its principal chief, opposed removal; while the other, headed by John Ridge, favored removal. At first sentiment was unanimous in opposition to any further relinquishment of lands. But seeing the inevitability of fate certain leaders among them, John Ridge, Major Ridge, Elias Boudinot, Elijah Hicks, and others, thought it best to cease all further resistance. These internal dissentions among the Cherokees were accompanied by numerous depredations on the borders. In 1834, a band of Cherokees robbed a smoke house belonging to a white man who lived near the frontier line. Elijah Hicks, a friendly chief, who favored removal to lands west of the Mississippi, thereupon started in pursuit of the robbers, with only two followers. Overtaking the marauders, he severely upbraided them, whereupon one of the savages fired at him, inflicting a wound from which he died in two days. Nor was this the only murderous affair. In like manner, several other chiefs who favored removal were killed by the Indians.
At last the eyes of the Federal Government were opened to the neces- sity of removing these troublesome people, a policy to which President Jackson was strongly committed. The Georgia Legislature by an act of December, 1834, authorized an immediate occupation of the Cherokee lands but allowed the Indians two years in which to remove. We will let Mr. Phillips conclude the story of these negotiations. Says he: * "President Jackson persisted in his attempts to persuade the Cherokees to remove in a body. Early in 1834 it was discovered that a treaty party was developing in the nation. This party sent a delegation to Washington, which signed a preliminary treaty looking to a cession, but John Ross, the principal chief of the nation, protested, May 29, 1834, with such a show of support by the great bulk of the nation that the treaty failed of ratification. The division among the Cherokee leaders had at length opened a way for the final success of Georgia's efforts. In February, 1835, two rival Cherokee delegations appeared in Washing- ton, with John Ross at the head of the orthodox party and John Ridge as the leader of the faction in favor of emigration. John Ridge, Major Ridge, Elias Boudinot, and other chiefs, had finally come to see the futility of opposition to the inevitable, and were ready to lead their people westward. The Ridge party signed a treaty of cession on March 14, which required the approval of the whole Cherokee Nation before
* "Georgia and State Rights, " U. B. Phillips, pp. 85-86.
575
GEORGIA AND GEORGIANS
coming effective; but in a council of the Cherokees, held at Running Waters in June, Ross succeeded in having the treaty rejected.
"The maneuvering of the two factions in the following months en- gendered ill-feeling among the Cherokees and strengthened the position of Georgia. In December, 1835, a council was called by the United
JOHN ROSS Principal Chief of the Cherokee Nation
States commissioners to meet at New Eehota. The meeting was a small one because of the opposition of the Ross party ; but, on December 29, a treaty was signed with the chiefs attending which provided for the ees- sion of all the remaining Cherokee lands east of the Mississippi River for $5,000,000 and lands in the West. The Ross party protested against the treaty, but were not able to prevent its ratification at Washington.
576
GEORGIA AND GEORGIANS
News of the definitive ratification served only to increase the discontent among the Indians. A confidential agent of the Secretary of War re- ported, September 25, 1837, that upon investigation he found that the whole Cherokee Nation was irreconcilable to the treaty and determined that it should not bind them.
"Public sentiment throughout the United States, especially among the opponents of the administration, became deeply stirred with sym- pathy for the Indians. Within the halls of Congress, Webster, Clay and Calhoun were vigorous in their condemnation of the New Echota treaty .* President Van Buren was so influenced by this torrent of remonstrance and criticism as to suggest to the Governors of Georgia, Alabama, Ten- nessee and North Carolina, on May 23, 1838, that an extension of not more than two years be allowed in which the Cherokees might move away. Mr. Gilmer, who had again become Governor of Georgia, replied, on May 28, that he could give the plan no sanction whatever. He feared that the suggestion was the beginning of another attack upon the sov- ereignty of the State, and declared his determination to take charge of the removal in person, if the Federal Government should fail in its duty.t There was, however, to be no further contest. General Scott had already arrived in the Cherokee country to direct the removal. He issued a proclamation, May 10, 1838, that every Cherokee man, woman and child must be on their way West within a month. On May 18, John Ross made a last ineffectual offer to arrange a substitute treaty. The emigration was at once pushed forward, and, on December 4, the last party of the Cherokees took their westward march."
But the story of how the Cherokees were finally removed under the lash is reserved for a subsequent chapter. Coincident with the final deportation of the Cherokees, there began on the western borders of Georgia a series of bloodly encounters with the Creeks. Numbers of these Indians still resided in Alabama ; and, entering into a league with the Seminoles, they began to harass the exposed frontier of the state. Murders, depredations, and crimes of every sort were almost daily com- mitted along the Chattahoochee. All the border settlements were panic stricken with alarm. Hundreds flocked to Columbus for protection. Others fled to towns further inland, including Milledgeville, Macon and Augusta. Not a few of these en route to secure places of shelter were murdered. But throughout the entire Creek Indian war Columbus was the storm center of operations due to its importance as a frontier town and to its exposed position on the edge of the wilderness. It soon began to bristle with bayonets and to swarm with gay and brilliant uniforms.
General Winfield Scott established headquarters in Columbus. He was at this time in command of the American Army and, with the single exception of General Jackson, was the foremost soldier of his day. The people of Columbus also became familiar at this time with the tall mili- tary figure of General Jessup, who remained in active command in Geor- gia for some time after his superior officer left. Governor Schley, tak- ing the field in person, also made his headquarters in Columbus. Volun-
* Benton 's "Thirty Years' View," Vol. I, p. 625; Royce's "The Cherokee Nation, " p. 282.
t Gilmer's "Georgians, " pp. 240 and 538.
.
577
GEORGIA AND GEORGIANS
teer companies were formed in all parts of the state, but these were employed chiefly in protecting the border. General Scott, with his army of regulars, marched into the interior of the Creek Nation, then wholly within the bounds of Alabama, and, after several skirmishies forced the Creeks to sue for quarter.
Georgia suffered severely in consequence of these border hostilities. On the night of May 15, 1836, a party of Indians-300 strong-made an attack upon Roanoke, a small village on the Chattahoochee, located in what is now Stewart, then Lee County, Georgia. Due to the lateness of the hour, all had retired for the night. The inhabitants, therefore, were taken completely unawares; and the first intimation of danger came to them in the fiendish yells of the savages who were even then upon them, some with weapons, others with blazing pine-knots ready to con- vert the village into a mass of seething flames. Resistance was useless, though a brave effort was made to stay the savage onslaught. Nine whites and three blacks were killed, in the brief struggle which ensued ; the rest fled only to look back in horror upon a reddening scene of de- struction.
These same Indians also burned a boat, the Georgian, lying at anchor near Roanoke, not a soul on board of which escaped except the engineer. They also attacked a boat, the Hyperion, while ascending the river. Some of the passengers, leaping into the water, swam to shore under cover of darkness, but many were killed.
On June 9, 1836, a small body of troops under command of Captain Garmany came suddenly upon these savage fiends and engaged them in one of the bloodiest struggles of the war. Captain Garmany, in a hand to hand encounter laid three Indians upon the ground, but he fell severely wounded in the right thigh. The Indian who inflicted this wound then approached him with a drawn knife but the brave captain firing at an opportune moment killed the savage just in time to prevent the knife from piercing his own breast. Major Jernigan, with a small detachment of men, not exceeding thirty in number came to the assistance of Captain Garmany but the whites were still greatly outnumbered and in the end were forced to retreat.
En route to join the Seminoles in Florida, these Indians marched into Baker County, murdered several families, and afterwards, to the num- ber of 300, hid themselves on an island in the center of a swamp; but here the militia of Baker County, surrounding the island, held them in a cordon from which, in a final effort to escape many were killed leading behind them a number of riderless horses, besides numerous articles plundered from the whites. This defeat prevented a junction of the Creeks with the Seminoles in Florida .*
During the month of July, at Echo-wa-notch-away, Major Jernigan's command again encountered a body of Indians, and, after a severe en- gagement, routed the savages with much slaughter. The following ac- count of the battle has been preserved by Doctor White. Says he : + "On the 25th of July, 1836, at the Echowanotechaway Swamp, Major Jernigan had a sharp contest with the Indians. The enemy having the
* "History of Georgia," Lawton B. Evans, p. 230.
+ White's "Collections of Georgia, " pp. 591-592.
Vol. I-37
578
GEORGIA AND GEORGIANS
advantage of ground, and being superior in numbers, Major Jernigan ordered a retreat of one hundred and fifty yards, bearing his wounded before him, expecting that the Indians would renew the attack, which, however, they did not. The wounded were carried to Captain Staple- ton's house. The loss in the skirmish was three killed, and seven wounded. The battle lasted fifty minutes. The number of the enemy was estimated to be from two to three hundred.
"On the 26th, Major Jernigan pursued them until sunset when he was reinforced by a company from Lanahassee, commanded by Captain Galba Matthews, by Guilford's Company, a part of Captain Snellgrove's Company, Colonel Wood, Major Wills, and Captain Smith together with others, making his force amount to three hundred men. A council of officers was called, who requested Major Jernigan to take the whole command, to which he consented.
"On the 27th, at sunrise, the line was formed, and the troops quickly put in motion. The trail was soon discovered, and about three miles below the camp, Major Jernigan's advance-guard, under Captain Moye, heard the savages crossing Turkey Creek, at its confluence with the main branch of the Echowanotchaway. The troops were marched to this spot, and preparations made for battle. The advance-guard was ordered to procced, and in crossing Turkey Creek, the Indians fired several scatter- ing guns from thick cane-brakes, and appeared to be moving forward. The commands of Captains Matthews, Guilford, and Snellgrove were detached to a place on the eastern side of the main creek, and below Chumba and Turkey Creeks. Captain Clifton's Company was stationed on the trail which entered the swamp. The companies of Captain Still and Ball were marched across the creek.
"Major Jernigan having thus arranged his force, and knowing that the Indians were below him, dispatched Captain Ball to inform the troops in the eastern side of the main creek that they would be required to approach the swamp; and as it was not probable that the Indians would attempt to escape at the point covered by Captain Ball's com- pany, he was directed to blow the horn before he countermarched, to induce the enemy to believe that a station was kept there. In the mean- time, the companies of Captain Ball and Clifton were united, and from each a guard was detailed. Captain Ball returned, and gave information of the arrival of General William Wellborn, of Irwinton. The General, on his march to join Major Jernigan's eastern division, was hooted at by the Indians in the cane-brake. Hc, however, reached the station with- out being fired on, and by consent and request of the captains, com- manded and led that division. As the time for action approached, sig- nals were given to enter the swamp, which was accordingly done by a part of Captains Ball and Clifton's company. Precisely at eleven o'clock, signal-guns were fired for the whole body to be put in motion, and the march was immediately commenced. It was evident that the Indians were well prepared for battle, and would vigilantly guard their trail; and it being considered more than probable, from what had passed between them and General Wellborn, that spies would be placed on the eastern force, it was determined, if possible, to take the enemy by sur- prise. The troops marched through Turkey and Chumba creeks, leaving the Indian trail on their right. After marching about three hundred
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.