Georgia's landmarks, memorials and legends, Volume II, Part 3

Author: Knight, Lucian Lamar, 1868-1933
Publication date: 1913
Publisher: Atlanta, Ga. : Byrd Printing Co.
Number of Pages: 1274

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Judge Tait attached no importance to this affidavit, for the deponent's character was such that he could not be trusted; and while he was none too friendly with Gen. Clark, he was above listening to a slanderous story in the mouth of a low criminal; so he informed Glass that the matter would not be prosecuted and need not be made public.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

But Glass nevertheless took a copy of the affidavit which, in some mysterious way, fell into the hands of Gen. Clark. The latter on ascertaining that the affidavit was taken at night, immediately jumped to the conclusion that a foul conspiracy was on foot to wreck him and that, back of this dark proceeding, was his arch-enemy, William H. Crawford.

Passion often beclouds the truth. As a matter of fact, Clary was an unprincipled fellow who, knowing the differences between Clark and Crawford, sought to help his own case, while under arrest, by trumping up a charge against Gen. Clark; but Judge Tait was too just a man to give ear to what was manifestly a mali- cious fabrication.

Clark Appeals to Contrary to the General's past record, the Legislature. and at variance with his well-known fiery disposition, instead of inviting Judge Tait to meet him on the field of honor, he strangely enough presented a memorial to the State Legislature, asking for Judge Tait's impeachment. At this time, Mr. Crawford was a member of the House from Oglethorpe, and naturally he espoused Judge Tait's cause. As chair- man of the special investigating committee, he submitted a report to the House, in which Judge Tait's good name was upheld, with the further statement that no evidence could be found on which to base an impeachment. This report was supported by Mr. Crawford in an eloquent speech upon the floor. His powers of logic, of sarcasm, and of invective, were never heard to better advantage; and, when a call of the roll was taken, on the adoption of the committee's report, there were only three votes cast in opposition, to fifty-seven in favor of exonerating Judge Tait.

Thus the matter ended. Gen. Clark was willing to let Judge Tait escape now that larger game was in sight; and, taking offence at Mr. Crawford's partisan activities in Judge Tait's behalf, and especially at his speech be-

UNDER THE CODE DUELLO

fore the House, he sent him a challenge through his friend, John Forsyth. Mr. Crawford yielded compliance to this demand for satisfaction and selected George Moore to arrange the details for the meeting. On account of engagements in the Federal Court, John Forsyth was prevented from acting as Gen. Clark's second, whereupon the latter chose Gilbert Hay, of Washington, Ga., to fill this post.

Duelling Ground at High Shoals. High Shoals, on the Appalachee River, in what was then Indian Territory, was the site selected for the proposed en- counter. Near the scene of this hostile meeting, three counties to-day converge, viz., Walton, Morgan and Oco- nee. Before the duel took place, a code of rules was agreed upon by the seconds; and, on account of the light which these rules will serve to throw upon the history of the times, especially in showing how affairs of honor were conducted after the arrival of the combatants upon the scene of action, they are herewith reproduced in full, for the better information of those interested :

Art. 1. The pistols are to be smooth bore, and loaded with a single ball by the seconds of the parties, in the presence of each other and of the principals.

Art. 2. The distance shall be ten yards, the parties facing.

Art. 3. The seconds of each party shall place the pistol in the right hand of his friend, cocked, with the barrel as nearly perpendicular as pos- sible, pointing up or down, and neither of the principals shall alter the position of the pistol until the word of command is given.

Art. 4. The signal for a discharge shall be: "Make ready; fire!" At the word "fire," each party shall discharge his pistol as near as possible after receiving the word; and should either party withhold his fire it shall be lost. Art. 5. A snap or a flash will be considered the same as a shot.

Art. 6. Whenever the challenger shall express himself satisfied or shall receive a wound, judged by the survivors mortal, or whenever the chal- lenged shall have received a wound and expresses himself satisfied, then the contest shall cease.

Art. 7. No conversation between the parties direct.

Art. S. To prevent the possibility of suspicion, relative to improper wearing apparel, each party shall submit to an examination by the second of his opponent immediately before taking positions.

Art. 9. Choice of ground and the word to be decided by lot.

Art. 10. The seconds shall be properly armed to prevent a transgression of these rules and the interposition of any other person.

Art. 11. If either of the principals deviate from the foregoing rules, or attempt to take any undue advantage, either or both of the seconds are at liberty to fire at him.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

Art. 12. If either party falls, no person except the surgeon shall be admitted until the opposite party leaves the ground .*

*Shipp: Life of Crawford, p. 73.

On December 12, 1806, according to agreement, the parties met at the place appointed; but due to some little dispute between the seconds as to details of arrange- ment, an hour elapsed beyond the time set for the affair at high noon and it was one o'clock before the belliger- ents were brought face to face. In the meantime, Mr. Crawford, keyed for combat, became restless and impa- tient. To quote his biographer, "he was temperament- ally unfitted for a duellist," while Clark, on the other hand, "was a practiced fighter, thoroughly skilled in the use of weapons, and equally courageous." Quoting still further, from this same authority, "The result was what might have been anticipated. Crawford swaggered to the peg with the same degree of carelessness that he was wont to exhibit when addressing a jury in Ogle- thorpe. His left arm was forgotten and heedlessly held unprotected by his body in a way to catch the ball of the rawest duellist. At the first fire, Clark was un- touched and Crawford's left wrist was shattered and the bones crushed in a way to cause him many weeks of ex- cruciating pain. Clark was not satisfied and insisted that the shots be continued; but George Moore declined to allow his principal to proceed further, the terms of the agreement having been fully met."*

Humor of With this decision the affair ended. But

an Irishman. Gen. Clark was not appeased. He still hungered for satisfaction; and no sooner was Mr. Crawford well enough to resume professional activities than he received from Gen. Clark a second challenge to mortal combat, without any fresh grievance to warrant a renewal of hostilities. Mr. Crawford could now decline to meet him, without incurring adverse crit- icism or hazarding his reputation as a man of courage.

*Shipp: Life of Crawford, p. 73.

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But the partisan warfare still continued between the loyal followers of the two men and, as time went on, the feudal inheritance was transmitted from sire to son, with solemn abjuration. Georgia was divided into two hostile camps; and even churches, while preaching a gospel of forgiveness, insisted upon a sharp line of di- vision. Perhaps an amusing anecdote will illustrate the temper of the times :

"To introduce the subject of politics in any promis- cuous gathering was to promote a quarrel. A son of Erin, lately from Limerick, opened a bar-room in a vil- lage in Greene County, Ga. He endeavored by strenu- ous neutrality, to catch the trade of both parties. After a week's trial, he gave it up in disgust. When describing this experience he said: 'As soon as a Crawford man would come in, he would at once inquire if this was a Crawford bar; and, faith, when I told him it was nai- ther, he cursed me for a Clarkite and refused to drink. When a Clark man came in and I told him I was naither, lie cursed me for a Crawfordite, and I sold not a gill to anyone. Faith, it pays to be a politician in Georgia.' "*

After Judge Tait Though Gen. Clark did not call Judge With a Cow-Hide. Tait to the field of honor, as a result of the alleged conspiracy for which he sought his impeachment by the Legislature, he did visit him in a most spectacular manner and in a most literal sense, with the marks of his displeasure. The story is thus told :

One day, in the summer of 1807, when Judge Tait, then an occupant of the Superior Court Bench, was driving along Jefferson Street, in Milledgeville, Gen. Clark came up, gracefully cantering on a handsome sorrel. The Gen- eral always rode a fine horse, with best accoutrements, and rarely failed to make an impression. Whatever else might be said of him, John Clark was a born soldier,

*Shipp: Life of Crawford, p. 67.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

and he appeared to special advantage on horse-back. Riding up to Judge Tait, he engaged him in a brief con- versation :

"This is the first time I have seen you, sir," began Gen. Clark, "at least since your hasty departure from Louisville."

"Yes," replied the Judge, "I have not seen you since then."

"Tait," resumed the General, after a moment's pause, "under the cloak of judicial authority, you have sought to destroy my reputation, and for your infamous attempt to do so I shall give you the lash."

Thereupon, before any reply could be made, General Clark came down with his riding whip upon the shoul- ders of the jurist, inflicting severe blows upon him with the aid of powerful muscles. On account of his wooden leg, Judge Tait was no match for his irate antagonist. While the interview was in progress, Tait's horse took fright, but Clark kept along side of him until his wrath was appeased.

For this attack upon a Judge of the Superior Court, Gen. Clark was duly prosecuted and, on conviction, was sentenced by Judge Early to pay a fine of $2,000 and to give security for his good behavior for a period of five years. However, this sentence was never put into effect. Governor Jared Irwin, an old comrade-in-arms, feeling that Gen. Clark was an injured man, afterwards issued an executive order remitting the fine imposed upon him by Judge Early and furthermore releasing the old soldier from any and all other legal consequences attached to his rash conduct. As for Judge Tait, he af- terwards became a United States Senator, but eventu- ally removed to Alabama where he spent his last days.

Judge Dooly's When Peter Van Allen fell at Fort Char- Bee-Gum. lotte, before Mr. Crawford's fire, the so- licitorship of the Western Circuit, made vacant by his death, was conferred by appointment upon

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a gentleman noted in the annals of Georgia for his Attic salt : Hon. John M. Dooly. Judge Dooly was afterwards elevated to the Bench, from which circumstance arose the title by which he was universally known. He was easily the greatest wit of his day in Georgia, a master of satire and as quick at repartee as chained lightning. Public speakers seldom, if ever, engaged with him in joint debate, for prudential reasons. Crowds thronged his court-room whenever he appeared on the circuit; and if Charles Dickens could only have met this unique char- acter, he might have improved upon the drolleries of Pickwick.

On a certain occasion, when this same feud between Clark and Crawford was still alive, Judge Dooly became involved in a controversy with his predecessor upon the Bench: Judge Charles Tait. As a result Judge Tait challenged him to mortal combat. There are several ver- sions to this story, but, according to one of them, Judge Dooly accepted the challenge and actually appeared upon the scene of encounter, though he was notoriously op- posed to shedding blood, especially from his own veins.

Gen. Clark was Judge Dooly's second, while Mr. Craw- ford, in a like capacity, served Judge Tait; and the af- fair was probably planned with the utmost seriousness by the friends of both parties. Now, it happened that one of Judge Tait's bodily infirmities was a wooden leg, and it was a knowledge of this fact which inspired Judge Dooly's singular feat of valor. At the appointed time, Judge Tait, with his second, Mr. Crawford, appeared upon the scene of action, where he discovered Judge Dooly sitting patiently alone upon a stump. In reply to an inquiry from Mr. Crawford, concerning the where- abouts of Gen. Clark, with whom he wished to confer in advance of the duel, Judge Dooly replied :

"Gen. Clark is in the woods looking for a bee-gum."

"May I inquire," asked Mr. Crawford, "what use he intends to make of a bee-gum?"

"I want to put my leg in it," replied Judge Dooly.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

"Do you suppose for a minute that I am going to risk a good leg of flesh and blood against Tait's wooden stump? If I hit his leg, he can get him another one before temor- row morning; but if he hits mine I may lose my life, cer- tainly my leg; and to put myself on equal footing with Tait, I must have a bee-gum for protection. I can then fight him on equal terms."

"Then am I to understand that you do not intend to fight Judge Tait?", inquired Mr. Crawford.

"Well," responded Judge Dooly, "I thought every one knew that."

"Perhaps so," replied Mr. Crawford, "but you will fill a newspaper column in consequence of this day's business."

"So be it," replied the Judge, with an arch smile, "I would rather fill a dozen newspapers than one coffin."

There was nothing more to be said. Judge Tait was, of course, chagrined at this unexpected turn of affairs. He expected to humiliate Judge Dooly, even if he could not force him to fight ; but Judge Dooly had cleverly man- aged the situation and, without putting his good legs in jeopardy, had come off the victor. Gallant Jack Falstaff himself could not have managed the affair with keener strategy or with cooler discretion.

Duelling Forbidden Prior to December 12, 1809, there was By Statute. no law on the statute books of Geor- gia forbidding the practice of duel- ling, though it was customary for belligerents to cross the State lines, to avoid indictment on the general charge of murder, in the event of fatal consequences. But the frequency of such affairs, involving men of the highest intellectual type and of the greatest public usefulness, eventually produced a revulsion of sentiment. The kill- ing of Alexander Hamilton by Aaron Burr, perhaps more than any other event, served to call nation-wide atten- tion to the imperative need of reform in this direction.

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It is hardly an exaggeration to say that not less than a thousand duels were fought in Georgia in consequence of this feudal enmity between Clark and Crawford; and there were few households in the State which were not bereaved, either directly or indirectly, by the countless sacrifices which were made during this period to ap- pease the demands of this bloody Moloch.

Consequently, on December 12, 1809, Gov. David B. Mitchell signed a measure, passed by the General Assem- bly of Georgia, making it unlawful either to extend or to accept a challenge, or to be concerned in any way therein, either as principals or as seconds; and on con- viction the offender was to be excluded from the right to hold any office of trust, honor, or emolument in this State .* Gov. David B. Mitchell, whose signature as Chief-Magistrate was attached to this measure, him- self figured on one occasion in an affair of honor.

It was well enough to have such a law upon the stat- ute-books, in deference to humane public opinion. But for years it was practically a dead-letter; and, to procure an acquittal from an average jury it was only necessary to show that the duel was fought in a decorous manner, according to the strict ethics of the Code of Honor. Here the law stopped. It required something more than a leg- islative enactment to uproot the traditions of chivalry in a land of Cavaliers.

General Floyd's Duel Perhaps the most famous of Geor-

With Three Weapons gia's Indian fighters was General John Floyd, who won renown on the frontier during the war of 1812. Skilled in the exercise of arms, there was scarcely any sort of weapon, from a shot-gun to a bowie-knife, with whose effective use he was not familiar; nor was it solely with Indian warriors that this seasoned old regular engaged in hand-to-hand encounters. Down in Camden County, Ga., where Gen.

*Clayton's Compilation, p. 529.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

Floyd spent most of his life and where he lies buried on one of his plantations, tradition credits him with having fought what in some respects was the most extraordinary duel of which there is any record in the bloody chronicles of the Code.

His antagonist, a Mr. Hopkins, was equally skilled in the use of weapons, and equally fearless. It was Greek against Greek. As the challenged party, Mr. Hopkins claimed the right to choose weapons; but, instead of sat- isfying himself with one kind, he chose three-a most radical departure from the venerated traditions. To settle the grievance between them it was agreed to fire a round with shot-guns, at a certain specified distance. In the event neither was killed or disabled in this ex- change of shots, they were to approach several feet near- er with drawn pistols, and if both remained on foot after this second fire, they were to end the affair in a hand-to- hand grapple with bowie-knives, fighting till one or both should fall mortally wounded.

On both sides, this program was commenced in deadly earnest. But Gen. Floyd's antagonist, in either the first or second round was so effectually disabled by loss of blood that resort to bowie-knives as a finality was aban- doned. The incident suffices to show Gen. Floyd's grim hardihood as a fighter. His characteristics in this re- spect were transmitted to his son, Gen. Charles L. Floyd, and to his grandson, Capt. Richard S. Floyd, both of whom are credited with affairs of honor. Hon. Wm. G. McAdoo, the present distinguished Secretary of the Treasury in President Wilson's Cabinet, and the latter's son-in-law, is a lineal descendant of Gen. Floyd; and, while he has not emulated the prowess of his ancestor as a duellist, he has turned the fighting spirit of his family into industrial channels, with the result that he is to-day credited with one of the greatest achievements of modern times : the construction of the Hudson River tunnels.

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Grim Relic Owned Hon. Eb. T. Williams, of Atlanta, a by Col. Williams. distinguished member of the Georgia Bar, owns a duelling-pistol which fig- ured in one of the most dramatic episodes of Georgia's history prior to the Civil War. It is an old flint-and-steel weapon, made by Manton and Son, of London, famous in an earlier day for the manufacture of fire-arms used on the field of honor. The barrel is one of very large bore, inlaid with platinum and encircled by silver bands. The device for sighting is also of silver, while the powder pan is covered with a layer of platinum. From end to end, the pistol measures some eighteen inches in length. It is handsomely engraved, and when fresh from the lab- oratory of Manton and Son, must have been a work of art. The pistol was purchased by Col. Williams years ago from an old locksmith of Augusta, by the name of Rogers .*

Duel Between According to legendary accounts, this Cumming grim relic of duelling days in Georgia fig- and McDuffie. ured in more than one tragic encounter ; but the affair of honor to which its rust- covered cylinder unmistakably points, after a lapse of nearly one hundred years, was a duel which occurred at Sister's Ferry, on June 8, 1822, between Col. William Cumming, of Augusta, and Hon. George McDuffie, of South Carolina, the latter of whom afterwards became Governor of the Palmetto State and United States Sen- ator. Colonel Cumming was a distinguished soldier of the United States in the war of 1812. He held the rank of Colonel in the regular army, but was Adjutant-Gen- eral of the army operating on the Canadian frontier and was severely wounded in one of the battles of that cam- paign. Having resigned from the army, after the war, he was subsequently offered a Brigadier-General's com-

*This information obtained from Col. Eb. T. Williams in a personal interview.

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

mission by President Jackson, but declined the appoint- ment. At the outbreak of the Mexican War, in 1846, he was appointed a Major-General in the U. S. Army, by President Polk, but declined this appointment also, main- ly, no doubt, on account of his age, which was then about sixty.

It is difficult to vouch for the circumstances at this late day; but as gleaned from newspaper accounts the duel originated in this wise :* An article, without signa- ture, appeared in one of the Augusta papers, supporting the claims of Mr. Crawford against those of Mr. Calhoun for President of the United States. This article provoked a salty reply from a gentleman of South Carolina, whose name was likewise undisclosed. The Georgia writer re- joined on the assumption that the South Carolina writer was Mr. McDuffie, which gentleman nettled by the strict- ures therein contained replied in the belief that his op- ponent was Col. Cumming, a gentleman whose pen was famous in the controversies of his time.

Both men were mistaken. The affair proved to be a comedy of errors. But no explanation was made on either side and subsequent developments led to a chal- lenge, which was promptly accepted. It is understood that a proposition to which Mr. McDuffie gave assent but to which Col. Cumming demurred was made by mutual friends in the hope of a satisfactory adjustment; and, this effort failing, the details of the meeting were ar- ranged by seconds after the usual custom.

According to newspaper accounts, Col. Cumming wished to fight in round-jackets or shirt-sleeves; but his antagonist suggested the conventional frock coat. This dress was accepted. At the appointed hour, Col. Cum- ming appeared upon the field in a suit of cotton; Mr. Mc- Duffie came attired in silk. The combatants, facing each other at a distance of ten paces, exchanged shots. Me- Duffie's ball struck the ground about four paces from his own feet, while the bullet of his antagonist entered the

*Dr. R. J. Massey: Scrap-book.

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former's back obliquely just below the short ribs and de- flected. Only one round was fired, the surgeons agreeing that Mr. McDuffie was too severely wounded to continue the hostile interview.

This wound eventually caused the great orator's death. As a reason why the bullet did not penetrate deeper, the Augusta Chronicle, some time afterwards, in giving a purported authentic account of the affair, made this statement: "Cumming's bullet was loaded for the side, not for the back; and for the resistance of common drapery, not for several folds of strong silk."* On the authority of Judge John B. O'Neill, in his "Bench and Bar of South Carolina," the wound received by Mr. Mc- Duffie in this duel changed his entire disposition, embit- tered his life, and sent him a wreck to his tomb.

Mr. Forsyth John Forsyth was one of the ablest men

Wounded by a of his day in the arena of national politics. Sword Thrust. While United State Minister to Spain, he negotiated with Ferdinand VII for the purchase of Florida. He represented Georgia in both wings of the Federal Congress and succeeded the daunt- less Troup in the chair of Governor. Mr. Forsyth round- ed his career in public life as Secretary of War, holding his portfolio under two Presidents: Jackson and Van Buren. As an orator, he was superior, in the judgment of many, even to Judge Berrien, our American Cicero, with whom, in the famous Tariff Convention of 1833, he engaged in a grapple of argument lasting for three days. From this contest he bore off the laurels.

But Mr. Forsyth, when a young man, came near los- ing his life in a duel which he fought with a Mr. Williams, an affair in which the weapons used were small swords. Mr. Forsyth received a severe wound in the neck. When Gen. John Clark invited William H. Crawford to mortal

*Sabine: Notes on Duelling, p. 242. Dr. R. J. Massey: Article in the "Sunny South."

GEORGIA'S LANDMARKS, MEMORIALS AND LEGENDS

combat, on the eve of the famous duel at High Shoals, it was Mr. Forsyth who, as the former's second, bore the challenge to Mr. Crawford; but the duties in the Federal Court prevented him from serving in this role when the duel occurred. The father of Mr. Forsyth, while holding the office of United States Marshal for Georgia, was instantly killed in a difficulty with the noted Beverly Allen, whom he sought to arrest. His grave in the church-yard of old St. Paul's at Augusta, is marked by a tombstone, on which an account of the affair is in- scribed. Allen succeeded in making his escape.

Dr. Ambrose Baber. One of the most distinguished of Georgia's ante-bellum physicians was Dr. Ambrose Baber; and there were few men in the State before the war who possessed a wider circle of friends or left a profounder impress upon public affairs. Dr. Baber was long a resident of Macon. Though an active practitioner of medicine, the fascinations of pub- lic life became a charm too powerful to be resisted, es- pecially by one whose intellect and information fitted him to adorn any station .* He represented this country at one time as Minister to Sardinia. He also sat re- peatedly in the State Senate of Georgia, and for some time prior to his death held the office of Grand Master of the Grand Lodge of Georgia Masons. He was a power in politics. But among the other distinguishing marks of this accomplished gentleman was his deadly aim with a pistol and his expert use of the sword.

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Georgia's landmarks, memorials and legends, Volume II, Part 3

Author: Knight, Lucian Lamar, 1868-1933 Publication date: 1913 Publisher: Atlanta, Ga. : Byrd Printing Co. Number of Pages: 1274

Author: Knight, Lucian Lamar, 1868-1933
Publication date: 1913
Publisher: Atlanta, Ga. : Byrd Printing Co.
Number of Pages: 1274