USA > Georgia > Stories of Georgia > Part 14
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
237
The person claiming to be Jesse L. Bunkley reached Jones County some time afterwards. His case, in the nature of things, excited great public interest. Hun- dreds of people who had known Jesse recognized him in this claimant. On the other hand, hundreds who had also known Bunkley when a boy failed to recog- nize him in the claimant. Meanwhile those who had charge of the Bunkley property took prompt action. They went before the grand jury, and had the claimant indicted for cheating and swindling; and thus began the celebrated case of the State against Elijah Barber, alias Jesse L. Bunkley.
The claimant came to Jones County in 1836, was indicted in that year, and his case was brought to trial in the Superior Court in April, 1837. A great deal of time was taken up in the investigation. More than one hundred and thirty witnesses were examined. Ninety- eight, the majority of these being disinterested persons, declared that they believed the claimant to be an im- postor. More than forty disinterested persons declared under oath that they believed the claimant to be Jesse L. Bunkley, and the majority of these last witnesses had known Bunkley long and intimately.
The efforts of the prosecution were directed to show- ing that the man claiming to be Jesse Bunkley was in reality Elijah Barber, who in 1824-25 was a wagoner who hauled lumber from Grace's Mill near Macon, who was also known in Upson County, and who had served in the Florida war. Some of the witnesses who had never known Bunkley recognized the claimant as a man who had called himself Barber. Some of the witnesses
-
-
----
238
239
who had known Jesse from his boyhood testified that they recognized the claimant as Bunkley on sight. Bunkley had various scars on his face, neck, and body. The claimant exhibited all these to the jury. One of the witnesses remembered that Bunkley bore the marks of a snake bite on one of his legs. The claimant imme- diately showed these marks. Hundreds of questions had been put to the claimant to test his memory. A great many he answered correctly, a great many others he failed to answer; but his replies to all vital questions were wonderfully clear and satisfactory. The jury was out but a short time before it returned, bringing in a verdict of guilty ; and the claimant was sentenced to the penitentiary, where he served out his term.
This verdict and sentence settled the case in law, but it remained as unsettled as ever in the public mind. The writer of this has heard it discussed on more than one occasion among old ladies and gentlemen who knew Bunkley, and who saw the claimant; and, without exception, they declared that the verdict of the jury was cruelly unjust.
And yet, if any wrong was done, Bunkley himself was to blame for it. Being a young man of fortune and of the fairest prospects, he owed it to himself, his family, his friends, and to society at large, to become a good citizen, so that his ample means might be properly employed. Instead of that, he became a rowdy and a rioter, spending his days and his nights in evil company and in dissipation. If the claimant in this mysterious case was really Jesse Bunkley, it may be said of him that his sins had found him out.
GEORGIA WIT AND HUMOR.
T HE wit and humor of Georgia stand by themselves. They have no counterpart in any other section of the country. Many attempts have been made to imitate them, but there is always something lacking. The flavor, the "bouquet," the aroma, is gone. The sun, the soil, the air, and even the spring water, seem to have something to do with it. Just what, nobody knows. Wit and humor are elusive, - they are unsub-
stantial. On the other hand, the Georgia watermelon is something solid. It may be handled and felt. It may be "thumped " and " plugged " and tested. Those who know what a watermelon is and should be, know that there is none to compare with the melons that are grown in Georgia, no matter what the variety. The same may be said of the wit and humor that belong to Georgia. An old man - Uncle Tom Norris he was called, on account of his gray hairs - was once heard to say (speaking professionally), "Let me clap a drop of the low-wines to my tongue, and I'll tell you what branch the fire was kindled on." He was a dis- tiller, and knew his business. One need not be an expert to say the same of Georgia humor. It is almost possible to tell the very militia district in which it originated. It carries not only the flavor, but the color.
240
-
241
For a hundred years Georgia has remained the most democratic part of the country. The sons of the richest men were put in the fields to work side by side with the negroes, and were thus taught to understand the impor- tance of individual effort that leads to personal inde- pendence. It thus happened that there was a cordial, and even an affectionate, understanding between the slaves and their owners, that perhaps had no parallel elsewhere. The poorer whites had no reason to hold their heads down because they had to work for their living. The richest slave owners did not feel them- selves above those who had few negroes or none. When a man called his neighbor "Colonel," or " Judge," it was to show his respect, nothing more. For the rest, the humblest held their heads as high as the richest, and were as quick, perhaps quicker, in a quarrel.
The Virginians and North Carolinians who settled in the Broad River region intermarried, and spread out over middle Georgia. Those who were not akin were bound to each other by ties of long acquaintanceship ; but the homogeneousness of the people, complete and thorough as it was, was not marked by any monotony. On the contrary, character and individuality ran riot, appearing in such strange and attractive shapes as to puzzle and bewilder even those who were familiar with the queer manifestations. Every settlement had its peculiarities, and every neighborhood boasted of its humorist, - its clown, whose pranks and jests were lim- ited by no license. Out of this has grown a literature which, in some of its characteristics, is not matched else- where on the globe; but that which has been preserved
STO. OF GA .- 16
242
by printing is not comparable, either in volume or merit, with the great body of humor that has perished because of the lack of some one industrious enough to chronicle it.
One of the most perfect types of the Georgia humor- ist was the late John M. Dooly. Judge Dooly was a remarkable man in other respects, but it is his wonder- ful fund of humor that has made his name famous in Georgia and throughout the country. It has been told in these pages how Colonel John Dooly was dragged from his bed by the Tories and murdered. This Colo- nel Dooly was the father of John M., who was hid under the bed when the Tories dragged his father out and murdered him. It might be supposed that such an event would have a tendency to give a boy a very serious view of life. Judge Dooly's views were no doubt serious enough ; but they were overwhelmed and overpowered by a temperament which found cause for laughter in almost every person and passing event, and was the cause of innocent mirth in others.
Judge Dooly was born in what he called the " Dark Corner " of Lincoln County, which had not then been cut off from Wilkes. After the murder of his father, the family was left in poverty. When he went to Washington, the county seat of Wilkes County, to read law with Mr. Matthews, the clothes he wore were in such a condition that he was compelled to confine him- self to the office in the daytime. He was very poor and very bright. Old people who knew him when a boy, described him to Judge Garnett Andrews as “a sallow, piney-woods-looking lad." " Piney-woods peo-
243
ple " was the local name for the tackies, the clay eaters, the no-accounts, that had settled about on the poorer lands in that section of Georgia, and given themselves over to thriftlessness for good and all. But young Dooly had that within him which made him superior to the conditions and limitations of poverty. Apart
from his remarkable gift of humor, he had a native brilliancy of mind that gave him an easy mastery over the principles of law that he found in the books. He was admitted to the bar in 1798, and was immediately successful as a lawyer. His education had been limited to that which he found in the " old field schools," and in that day they were not of the best; but such a mind as his needed only the rudi- ments, the rest came as by instinct.
Judge Dooly was not a student while practicing at the bar. He had thoroughly mastered the principles, the groundwork, of the law ; and his mind, as logical as it was brilliant, fitted these principles to every case he had charge of. His love of humor, and his fondness for the society of those who preferred fun and frolic, placed many temptations in his way, and some of these he did not always resist; but the faults he had were the faults of the time in which he lived, the
244
faults of the society in which he was brought up and by which he was surrounded. Judge Dooly has been described by a contemporary as having a large head, with a bold, high forehead, heavy eyebrows, prominent nose, a small compressed mouth, and large, vivid, spar- kling eyes, which, when the spirit of humor had posses- sion of him, illuminated his countenance as if an electric battery were in play.
On one occasion, Judge Dooly had been challenged by Judge Tait, -the same Judge Tait who had made himself so obnoxious to General John Clarke. Judge Tait had a wooden leg; and Judge Dooly, in replying to the challenge, referred to this fact, and said he did not think they could fight on equal terms. He hoped his refusal would not be interpreted as a reflection on the misfortunes of Judge Tait. This reply made Judge Tait more indignant than ever. He wrote a severe reply, suggesting to Judge Dooly that his refusal to fight was the result of cowardice rather than a desire not to shed the blood of an unfortunate cripple. In answer to this insinuation, Judge Dooly declared boldly that he was ready to fight his adversary on any- thing like equal terms. He announced that he would meet Judge Tait anywhere, on any day, and exchange a shot with him, provided he (Judge Dooly) was allowed to stand on the field of honor with one leg in a bee- gum ! The bee-gums of that day were made of sections of hollow trees. Naturally this remarkable proposition made Judge Tait madder than ever, and he wrote to Judge Dooly that he intended to publish him as a coward. judge Dooly calmly informed Judge Tait by
245
letter that he had no sort of objection to the publication, provided it was at Tait's expense. He declared, that, for his part, he would rather fill a dozen newspapers than one coffin. These unexpected strokes of humor disarmed the anger of Judge Tait, and set the whole State in a roar. They did more : they cleared the politi- cal atmosphere, and took the edge off of party rancor, which was at that time very fierce and keen.
Once, when dining at a public table, Dooly said something or did something to irritate Major Freeman Walker. The latter, remarking that he had borne with the liberties taken by Judge Dooly quite long enough, said he proposed to resent them then and there. The attack on his feelings had been made in public, and he proposed to resent it in public. Seizing a chair, he advanced on Judge Dooly. The judge seized a carving knife, and braced himself for defense. Several gentlemen caught hold of the judge to prevent him from using the knife, while only one held Major Walker. Surveying the scene, Judge Dooly calmly remarked, " Gentlemen, one of you will be sufficient to prevent me from doing any mischief. The rest of you had better hold Walker." The explosion that this re- mark created put even Major Walker in good humor, and he and the judge settled their differences in the most amiable and rational manner.
When the Legislature passed severe laws against gaming, Judge Dooly enforced them rigidly. Some of the gamblers were brought to trial and fined, and others were only saved from arrest by the fact that they kept out of the way when court was in session.
246
But one night in Washington, Wilkes County, after the judge had been holding court all the week and had closed the term, he went to his room in the hotel and made all preparations to retire. He had barely settled himself in bed, when he heard a noise in an adjoining room, and soon discovered that a game of faro was going on. The noise disturbed him so, that he dressed himself, went to the room, and told the players, that, having tried all legal methods to break them up, and failed, he was now determined to try another plan. He thereupon seated himself at the table, and before the night was spent broke the bank. He then told the gamblers to clear out, and be more careful in future how they interfered with the court.
Once when sitting up late at night, trying a very complicated case, the sheriff voluntarily placed on the bench beside the judge a small pitcher half filled with toddy. When he had finished the toddy, the judge called to the officer, "Mr. Sheriff, fetch in some more water out of the same spring." A murder case was once tried before him. The point in the case was whether the prisoner had shot in self-defense. There was a good deal said by the lawyers about the right to shoot. The jury, intending to justify the prisoner, brought in this verdict: "The prisoner has a right to shoot." When this verdict was read to the court, the judge held up his hands in pretended alarm, and cried out, "Mr. Sheriff, don't let him shoot this way !"
A story is told of Judge Dooly and Tom Peter Carnes, another rare humorist, that fairly illustrates the statement made in the beginning of this chapter
247
in regard to the plain and democratic character of the people who settled Middle Georgia. Dooly and his friend Carnes were traveling to court, having gone without breakfast in order to be up and on their way at an early hour. At last they reached the place where they were to get breakfast, and called for it with some show of impatience. The lady of the house, however, was in no hurry. She said that they should have break- fast the moment Charles came. So she called for Charles; blew the horn for Charles, and finally sent for Charles. When Charles put in an appearance, the two travelers found that he was a big negro, so black and fat that he fairly glistened when the sun shone on him. Naturally Dooly and Carnes were surprised. They were still more surprised when the negro's mis- tress said in a coaxing tone, "Now, Charles, I do wish you would sit down and let the gentlemen eat, as they are in a hurry to go to court." Charles didn't like so much company ; but he finally sat down to the table, on which there was a big bowl of clabber, three "hunks" of corn bread, and three pewter spoons. "Now, Charles," said the woman, "do eat, and then the gentlemen will begin." Making the best of the situation, and somewhat enjoying the humor of it, Dooly and Carnes sat down at the table and began to eat. Carnes shook his big spoon at the negro, and cried out, "Now, Charles, you must spoony on your own side; " and he kept on warning him, "Spoony on your own side, Charles, spoony on your own side." The two lawyers ate until Charles's spoon began to make raids on their side of the bowl, and then
248
they abandoned the feast to him and went on their way.
A landlord of a hotel, having heard some of the lawyers, among them Judge Dooly, bragging about the toothsomeness of a baked pig they had tasted, probably at Milledgeville during the session of the Legislature, concluded that he would surprise and please them by having something in that line himself. He was either ignorant or ill- advised; for, instead of bak- ing a suckling pig, he roasted a half-grown pig,
stuffed him, put an apple in his mouth, and stood him upon his stumps in a dish. In those days the seat of honor at the head of the hotel table was reserved for the judge of the court. At the head of the table Mr. Pig was placed, facing Judge Dooly's seat. The judge and the lawyers came in, sat down, and ate dinner in comparative silence. They were overawed by Mr. Pig. Though the carving knife lay handy, and the landlord and his wife were watching with impa- tience and uneasiness to see what the lawyers would say when they had tasted this particular roast pig, no one dared to touch it. At supper Mr. Pig was still standing defiantly in his place. He presided at
249
every meal during the day following. On the morn- ing of the second day, when Judge Dooly came to the table, Mr. Pig was in his old position. There- upon the judge bowed to him gravely. " Good- morning, sir!" he said. "I am afraid you have lost your appetite, seeing you have not eaten that apple yet. I presume you are tired attending court. - Mr. Sheriff, you may discharge him on his own recogni- zance, until court in course, seeing we shall have no further use for him at this session, and return him the thanks of the court for his prompt and faithful attend- ance."
Judge Dooly was a member of the Clarke party ; but on one occasion, when he was a candidate for reëlection to the judgeship of the northern circuit, some of the Clarke men declared that Governor Troup's warlike message was an evidence that he was mad. Judge Dooly made the comment, " If he is mad, I wish the same mad dog that bit him would bite me." This happy remark came to the ears of the Troup men in the Legislature, and it so pleased them that they put an end to all opposition to the judge in the election.
Judge Dooly was one of the most charitable of men. He once refused to give alms to an unfortunate woman in Savannah, and the refusal haunted him all his life He declared that it taught him never to let Satan cheat him out of another opportunity to help the unfortunate; that he had determined to err on the safe side ever after.
Just before he died, a friend called to ask after his condition, His reply was that he had a bad cold with-
250
out any cough to suit it. And so, humor bubbling from his lips to the last, there passed away, on the 26th of May, 1827, the rarest humorist that Georgia, the espe- cial mother of humorists, has ever produced. Judge Dooly had a humor that was as illuminating as it was enlivening. It stirred to laughter or it moved to tears, according as this wonderful man chose to direct it.
A great deal of the humor that originated in Georgia has been printed in books. We find it in Judge Long- street's "Georgia Scenes," in Major Jones's "Travels," in Colonel Richard Malcolm Johnston's "Stories of Georgia Life," and in other volumes that have attracted public attention. But the best of it has been lost. It originated when the lawyers were riding about on horse- back or in buggies from court to court, and tradition has only preserved a small part of it.
SLAVERY AND SECESSION.
T HE dispute over slavery, which had been going on for many years, grew furious in 1850; and its fury increased until, in 1860-61, it culminated in the secession of the Southern States from the Union. Some of those who have written the history of the secession movement contend that slavery had little or nothing to do with the matter; that the South seceded because the North had refused to grant her people their rights guaranteed under the Constitution. This is true as far as it goes; but the fact remains, that secession and the war grew out of the efforts of the abolitionists of the North, and those who sympathized with them, to keep slavery out of the Territories, and to prevent the new States then forming from becoming slave States. . There is no doubt that these efforts were illegal and unconstitutional; and yet, in the minds of those who made them, constitutionality was not a suffi- cient excuse for slavery, which, whatever might be its political status, was morally wrong : that is to say, they believed that such a wrong as slavery could not be justi- fied by paper constitutions and the like. Some of the more extreme abolitionists of the North were just as ready to secede from the Union that recognized slavery as the Southerners were to break up a Union whose constitutional guaranties meant nothing.
251
252
It must be borne in mind that the antislavery move- ment began in the South. While slavery was in full blast both North and South, Thomas Jefferson, the greatest political leader the South has ever produced, was at the head of an emancipation movement, and in all parts of the South there were men whose minds revolted at the possibilities that swarmed about human slavery. Georgia was the only one of the Original Thirteen Colonies in which slavery was prohibited, and we have seen how this prohibition was repealed at the demand of the planters. Seven Northern States, find- ing slavery unprofitable, abolished the system, and a majority of the slaves were sold to the Southern States. But the emancipation movement went on in the South. There were more than fifty thousand free negroes in Virginia in 1856, and there were a great many in Georgia. A number of planters in Georgia, the most prominent among them being Alfred Cuthbert, eman- cipated their slaves, and arranged to send them to Liberia.
Nevertheless the invention of the cotton gin did more to strengthen the cause of slavery than all other events combined. It became more profitable than ever to own slaves; and in this way, and on this account, all the cotton-growing States became interested in the system. They had the excuse not only that slavery was profit- able, but that self-interest combined with feelings of humanity to make it a patriarchal institution. And such, in fact, it was. It is to the glory of the American character and name, that never before in the history of the world was human slavery marked by such mildness,
253
such humanity, as that which characterized it in the United States.
But all such considerations as these, as well as the moral objections to slavery of any sort, humane or cruel, were lost sight of in the great controversy that grew so furious in 1850. In that controversy some of Georgia's ablest men took part, - men who were famous as states- men all over the country. There were Alexander H. Stephens, who afterwards became the Vice-President of the Confederacy ; Robert Toombs, whose fiery and impetuous character and wonderful eloquence made him a man of mark; Howell Cobb, who was speaker of the House of Representatives ; Herschel V. Johnson, who was a candidate for Vice-President on the ticket with Stephen A. Douglas in 1860; Benjamin H. Hill, who was just then coming into prominence ; and Joseph E. Brown, whose influence on the political history of the State has been more marked than that of any other individual.
The controversy growing out of the slavery question became so warm that it led to the breaking-up of par- ties in 1850. Stephens and Toombs, who had been Whigs, united with Howell Cobb, who was a Democrat. Other Southern Whigs united under the name of the American party. At the North the Whigs either joined the Republican party or united with the American party. The spirit of disunion was rampant in all parts of the South. In Georgia the Legislature had called a State convention, and a great effort was made by some of the politicians to commit the State to secession. Both Toombs and Stephens were strong Union men,
254
and they opposed the spirit and purpose of the call for the convention. The speeches that Toombs had made in Congress were garbled by the newspapers, and he was made to appear as favoring immediate secession. He made short work of that scheme, however. He returned to Georgia in the fall of 1850, and immediately began one of the most extraordinary campaigns that has ever taken place in the State. He was in the prime of life. His fiery energy, his boldness, his independence, and his dauntless courage, were in full flower. He took issue with what seemed to be the unanimous sentiment of the State. He declared that the call for the conven- tion had dishonored the State. He sent out a ringing address to the people, urging the South to stand by the Constitution and the laws in good faith.
By the time the convention was held, the efforts of Toombs, supplemented by those of Stephens and other conservative men, had turned the tide of disunion. Whigs united with Democrats. When the returns of the election were made known, it was found that a large majority of the members were for the Union. "With no memory of past differences," said Toombs, " careless
of the future, I am ready to unite with any portion or all of my countrymen in defense of the integrity of the Republic." So it was that the convention met, and adopted what is known in our political history as "The Georgia Platform." This platform said that Georgia held the American Union secondary in importance to the rights and principles it was bound to perpetuate; that, as the Thirteen Colonies found union impossible without compromise, the thirty-one of that day would
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.