USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 30
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The largest number of suits he ever brought to one term was in the spring of 1820, of Twiggs Superior Court. Of the five hun- dred placed on docket by all the members of the bar, two hundred were returned by Mr. Crocker, and the dockets show that he was concerned in the defence of about two hundred more, making four
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hundred cases requiring his personal attention at the same term of the court. Besides his commissions for collecting, and the stipu- lated fees for defending, the tax-fee of four dollars in each case where he prevailed was quite an object,-of which the profession is now deprived.
In future the title of major will be applied, as he was known by that distinction when the author first became acquainted with Major Crocker, in November, 1824. He had formerly belonged to the staff of Major-General Ezekiel Wimberly as judge-advocate, with the privilege of wearing a rich uniform equal to that of his chief, except the two stars on the golden epaulettes of the latter. This office was next held by the eldest son* of Major Crocker, who removing out of the division, it was conferred upon the author by the same noble-hearted patron. This privity of rank will excuse the introduction of matter here which is connected with the sword worn by the judge-advocate, and which veritable sword is now to be followed a while in a curious direction.
In March, 1825, while General Lafayette was making his trium- phal tour through the Southern States, a company was formed, called the "Lafayette Volunteers," of which John G. Slappey was elected captain, Theophilus M. Chamberlain first, Hamilton R. Dupree second, and Francis W. Jobson third lieutenant, and the author was appointed orderly-sergeant. The other subordinates he does not recollect, as the muster-roll is not at liand to refresh his memory. This corps adopted a cheap uniform, and, with drum and fife, and a beautifully-painted white silk flag, presented by the ladies, it took up the line of march for Milledgeville, having as a much-venerated charge three Revolutionary soldiers, Fathers Wil- liam Duffel, John Shine, and Charles Raley, in a conveyance pro- vided for the occasion. When the troops reached Marion from Tarversville they halted an hour or two, in which time the orderly- sergeant availed himself of the courtesy of a friendt to obtain a sword to render him more worthy of respect in his official charac- ter. That sword belonged to Major William Crocker, and was soon destined to figure in a scene fully as romantic, in a military point of view, as any that this poor world ever afforded. Some .particulars touching the reception of Gen. Lafayette, the public dinner on Capitol Square, and a few other incidents, will be first given.
* Elijah E. Crocker, Esq.
t John L. Jones, Esq., now of the city of Macon.
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The Lafayette Volunteers had reached a hill near Fishing Creek, within sight of Milledgeville, when the roar of cannon announced the arrival of Gen. Lafayette. An express was sent to tender our command to the marshal in the ceremonies of reception. The reply was that the great reception and review would be the next day, at 10 o'clock, when our presence would be very acceptable. This was in the afternoon. Wishing to show ourselves, and to get a glimpse of the "Nation's Guest," we marched into the town and halted opposite the Government House, where General Lafayette was quartered. Our captain went in and was introduced by Gov. Troup ; then the captain introduced the three Revolutionary vete- rans to Gen. Lafayette, whe, on seeing Father Duffel, cordially embraced him, saying, "I remember you,-I remember you well. You were one of my body-guard, and helped carry me from the field when I was wounded at Brandywine. I am happy to see you,-very glad to see you," or words to that effect. (Father Duffel had previously told us of this service he rendered the "marquis," as he called him.) The grateful meeting over, the company returned to camp, first conducting our aged friends to the boarding-house of Captain Solomon Betton, where they and the officers took lodging.
Early the next morning all was life and motion. Before the appointed hour, some eight or ten military companies, from Wilkin- son, Hancock, Jones, and the adjoining counties, were to be seen marching to the review-ground. The Lafayette Volunteers, from Twiggs, had paraded two or three principal streets with music and banner, when the intendant, Peter F. Jaillett, Esq., came out of his house and saluted our flag. We halted and returned the proper civilities. He expressed his admiration of our beautiful flag and bade us welcome to the city.
In a short time the marshals of the day, John S. Thomas, Reva- reus L. Buchanan, and one or two others, mounted on elegant chargers, with sword and sash and rosettes gracing their persons, and with baton in hand, dashing in all directions, made known the order of the day. The several companies took the positions as- signed them, all under the chief command of Major-General Daniel Newnan, who, with his military boots and rich uniform, made quite a splendid appearance. Captain Scott, of the Baldwin Cavalry, was the next figure that attracted special notice.
The line being formed two deep, stretching several hundred yards, the cannon at the arsenal began to thunder, when a fine barouche, drawn by four horses, was seen advancing up the line in
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front, with Governor Troup, and Gen. Lafayette seated on his right. The major-general and other officers entitled to the privi- lege presented swords in salutation of the "Nation's Guest." The author has a very distinct recollection of the physiognomy, the beaming smile, of Gen. Lafayette, as he sat in the barouche with his hat off, bowing as he passed the different companies and as the standards waved a salute. That was a proud demonstration of gratitude, and the illustrious man to whom it was given felt it, as his glistening eye and rapt countenance clearly revealed. What other movements, if any, took place, the author cannot, after a lapse of more than thirty years, undertake to say. He believes nothing else was done after the review closed until dinner.
Two tables, about one hundred yards long each, with cross-tables of fifty feet at the ends, were covered with barbecue, roast-beef, bread, and other edibles for the military. At the upper end, in the centre, Gen. Lafayette was placed, with Gov. Troup on one side, and his aid, Col. Scaborn Jones, (the master of ceremonies,) on the other side of the "Nation's Guest." Gov. Troup's staff, including Col. Henry G. Lamar, Col. Samuel A. Bailey, Col. Yelverton P. King, Col. John W. A. Sanford, Col. Samuel T. Bailey, and per- haps others, were arranged at the same end of the table, all taking part in the administration of order, in the observance of proper etiquette, and some of them in reading the regular toasts prepared by the committee of arrangements. The band of music was a few steps in the oblong square formed by the tables. It played when- ever Col. Jones waved his hand as a signal. The author was some thirty paces from Gen. Lafayette, but within good sceing and hearing distance. George Washington Lafayette, the son of the general, was pointed out. His bald head and the wig of his father gave the latter the advantage in youthful appearance. Col. Lavou- sier, the private secretary of the general, who was also present, the author could not identify. There was quite an array of public characters, of men known in the history of Georgia,-among them Gen. John Clark, formerly Governor and again a candidate.
The appetite being satisfied with strong meat, next came the wine, bottles of which, with wineglasses, were distributed on the tables so that every one could have a share. Then proclamation was made by Col. Jones :- " Gentlemen, fill your glasses for a toast from Gen. Lafayette." The obedience was prompt. Not a growl was heard, not a frown was seen, at the command : like good soldiers, every man did his duty. The " Apostle of Liberty," the companion and bosom-friend of Washington, rose to his feet, and,
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in broken English which all heard with delight, he gave, " The Georgia Volunteers: the worthy sons of my Revolutionary breth- ren." Cheer after cheer resounded, the music struck "Hail to the Chief," the cannon uttered its loud rejoicing, and soon all was again quiet. "Prepare for a toast from Gov. Troup," was the next order. With solemn and distinct enunciation, that Julius Cæsar of a chief-magistrate gave forth, "A union of all hearts to honor the Nation's Guest,-a union of all heads for our country's good." Again the air was rent with cheers, the band executed a national march, and the cannon fairly jarred the square .. The next order was to prepare for a toast from Gen. Clark. Until then the author had never seen this celebrated leader of a party. A tall, bony man, with an open, honest face, rose at table, and, with a shrill voice, gave "Count Pulaski : the gallant Frenchman who fell at Savannah." We all emptied our glasses in honor of Gen. Clark and his French count as though history had not been contradicted by the sentiment. Gen. Lafayette must have esteemed it a special compliment to himself for such renown to be transferred to his own country in presence of such a multitude of witnesses. Whether the mistake was accidental or otherwise, it did not detract in the smallest degree from the valor or integrity of Gen. Clark. At most it only signified that his youth was spent in fighting the battles of his country instead of being enervated within the walls of a college.
While the exercises at table were going on merrily, two occur- rences near by created considerable excitement. One was the sudden swooning of Major James Smith, of Clinton, on discovering that he had been robbed of his pocket-book, containing between four and five thousand dollars in money : the other was more dreadful, because human life was the sacrifice. It appears that the man who loaded the cannon had got his shirt-sleeve on fire without knowing it, and, when he put his hand into the large box among the cartridges for another round, fire was communicated, and the whole lump-not less than twenty or thirty pounds of powder-instantly exploded, blowing him several feet up into the air and severely wounding two others connected with the cannon. There was a general rush of people to the spot. Never can the author forget the appearance of the poor man most injured. His face, breast, and arms were burnt into a black cinder. His agony was inexpressible. In a day or two he died. The others recovered after much suffering. This melancholy affair created a painful sen- sation in the crowd, and perhaps hastened the close of the festivities.
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It should be remembered that before the military companies retired from the square they were formed into line, when Gen. Lafayette, leaning on the arm of Gov. Troup, walked along (a little lame) and shook hands with every man,-officer and private,- Col. Jones officiating in the introduction. The author was men- tioned to him as Sergeant M-, and the response was, "Sergeant M-, I am very glad to see you." This joy was expressed to all, and was more than reciprocated by all the volunteers. The hand of Gen. Lafayette had been grasped : that was glory enough then. It is still pleasant to remember ; but thirty years of hard- ship in the camp of life have rather tended to prove, to the author at least, that glory is not communicated in so easy and simple a manner.
The main incident is now approaching. A splendid military ball was given in the Capitol that night, in honor of Gen. La- fayette. The author attended, duly equipped with sword: it looked official. The Representative and Senate Chambers were stripped of all furniture and formed into dancing-saloons. The company was indeed gorgeous. Epaulettes, swords, sashes, and other war-trappings looked terribly beautiful. And then the matchless array of ladies, skimming in the dance like fairies,- many of them. There was a full band of music in the gallery of each hall. Every thing had a classic air, particularly the generals and sergeants,-the latter claiming equality, at least for a few hours, in the republic of amusement formed by a junction of France and the United States for a limited period. That republic of social enjoyment was plain enough to interest great minds, and yet so magnificent that the feeble were astonished,-not excepting the orderly-sergeant of the Lafayette Volunteers. Now to the finale.
Capt. Slappey, accosting the orderly in the ball-room, despatched him to head-quarters with a polite request to the first lieutenant to send the flag of the company, to be displayed as the Committee of Arrangements might direct, they having expressed a desire to have it for the occasion. But, before the plot thickens beyond explana- tion, let it be here said that the flag was of pure white silk, very ample in its dimensions, with an eagle tastefully painted on one side, with the arrows and olive-branch in his talons, like . other patriotic cagles, and a scroll in his beak inscribed " The Nation's Guest," and below this bird of Jove, "Welcome Lafayette." On the reverse side was a pile of cannon-balls, guarded by a large rattlesnake in coil, with uplifted head, flaming eyes, and darting tongue. The picture looked dangerous indeed. But, to relieve the
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mind of the beholder, the word "Liberty" appeared in blazing characters above the snake. With such protection, all knew that " liberty" was safe. And then, to make it doubly secure, the name of the company was painted below the balls and the serpent :- " Lafayette Volunteers, Twiggs county, 1825." Such was the flag ; and now the following :-
The sergeant, with a touch of his hat, delivered the captain's message to the lieutenant. To account for the rigid punctilio of the latter, be it known that he was an Englishman, formerly purser in the British navy, and had great fondness for rank and cere- mony. Instead of ordering Ensign Walton to bear the flag, or intrusting it to the supposed fidelity of the sergeant, to be conveyed to the captain, the lieutenant declared that, as he was second in command, and the flag an emblem of honor which especially devolved on him, he would carry it in person to the ball-room. He took the standard in his hands, neatly folded the silk and secured it by the cords pendent, and then rushed out with the sergeant as an armed escort. Arriving at the door, he attempted to pass in, when he was stopped by the doorkeeper and his ticket demanded. "Ticket, sir? No ticket, sir, on public duty," shouted the lieutenant, in a voice of command. The doorkeeper mildly replied, " I have orders to admit no person whatever without a ticket. From the major-general down, all have to present tickets to be admitted." " Well, sir, we'll see about that," sternly rejoined the lieutenant. Then turning to the sergeant, he said, sharply, " Do you allow this, Sergeant M -? Where is your sword ? what do you wear it for but to protect the honor of your flag ? Cut down this insolent doorkeeper at once and proceed to your captain. Never let it be said that your flag was insulted and you did not protect it at all hazards." The poor sergeant protested, "I respect your authority, Lieutenant Chamberlain, and know that it is my duty to obey orders ; but you should reflect that the doorkeeper also has orders which it would be wrong in us to force him to violate. We should rather commend than blame him for his firm- ness. I must decline using my sword against him." The retort was, "No argument, sir, no argument: there is principle in this matter above your conception, and I will maintain it to the last." Leaving the lieutenant with the flag at the door, the sergeant passed in and stated the difficulty to the captain, who sought Col. Trip- lett, one of the managers. They came to the door, and, after soothing explanations were made, the flag was committed to the custody of the captain, and by him transferred to the managers.
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In the mean time the lieutenant declared his intention of watch- ing that flag all night, if necessary, until it was restored to his hands ; and, to enable him to do so, the sergeant procured a ticket for his superior, who had placed ten dollars in his hand for the purpose,-that being the price of each ticket to the ball-room. When it was presented by the furious lieutenant, the doorkeeper, with a look of triumph and respect, said, "Now, sir, you may pass in." The lieutenant immediately hunted up his flag, and saw it streaming proudly from the gallery of the Representative-Chamber, a hundred eyes gazing with admiration on the rich material and the expressive devices upon it,-even Gen. Lafayette smiling as he looked upon it, saying handsome words to Captain Slappey. The lieutenant soon made his way to the gallery, where he sat hour after hour at the end of the flag-staff, guarding his treasure. He did not appear at the supper-table, nor was he seen in the dance or among the spectators below. The sergeant left the scene at twelve o'clock, his parting glance resting on his gallant superior whose peremp- tory order he had ventured to disobey at the door. An hour before day the lieutenant returned to Captain Betton's with the flag safc and sound, muttering about "Stupid set," "We'll see who is right," and other short phrases which the half-awake sleepers did not com- prehend. No court-martial arraigned the sergeant for disobedience of orders. He took the responsibility for once,-whether from want of nerve to execute the command, or from good sense to evade it, does not become the author to say. The lieutenant died within two years afterward, a rigid disciplinarian,-intelligent, fearless, but unhappy, to the last. The adventure has been poorly related, and must take its chances for favor or contempt.
Before the sword which has led to all this digression is returned to its rightful owner, a few words more of the expedition will be pardoned.
While at Captain Betton's, enjoying his kind attentions and those of his refined lady, (a sister of General Charles F. Mercer, of Virginia,) the author saw Col. H. G. Lamar ride up in the uni- form of an aide-de-camp, and heard him request Captain Betton to make out his bill for the board of the Revolutionary soldiers whom he had entertained and send it to the Governor for payment by the State. The good old veterans were deeply sensible of this liberality; and their trip to Milledgeville, with so many pleasant things to remember, was among the few green spots in their pil- grimage to the tomb.
On marching homeward, the company was supplied with refresh-
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ments as they passed Dr. Williamson's splendid mansion (formerly Robert Rutherford's) within a mile or two of Milledgeville; and again, a few miles farther, when opposite Gen. Clark's residence, another favor of the same kind was experienced : Gen. Clark him- self came to the road and conversed familiarly with the officers and men, (about eighty in all,) most of whom received a personal intro- duction to him. This was the last time the author saw Governor John Clark,-a man so conspicuous in the political history of Georgia.
Nothing special occurred until the company reached Meriwether's store, within four miles of Marion. There they saw a large col- lection of persons, many of whom were intoxicated and disposed to quarrel. Robert L. Perryman, the lawyer, had just been seriously stabbed in the abdomen, and was lying in a room near the store. While Ensign Walton was in the act of mounting his horse, with the standard of colors in his hand, the horse took fright; and, holding on to the standard, the 'ensign became entangled in it, was thrown, and had his under lip and chin severely gashed. Dr. Slappey, (our captain,) an excellent surgeon, sewed up the wound, put on straps of adhesive plaster, and we continued our march, the ensign along with us. As we passed the house of Archibald McIntyre, Esq., (the old clerk of the Superior Court,) a signal-gun was fired from his piazza, and soon he was in our midst, talking in his lively Scotch style, praising our soldierly appearance, and treating us to very substantial refreshments. A mile farther, the sword was returned to Major Crocker, with many thanks. And, if the incidents grouped in this narrative touching the Lafayette campaign possess any interest, that sword is entitled to the praise, whilst the orderly-sergeant bids the reader farewell.
There were two resident members of the bar, at one time part- ners in the practice, with whom Major Crocker came frequently in contact,-Col. Moses Fort and Robert A. Evans, Esq. Col. Fort had been many years elected to the Legislature from Twiggs county,-was a man of extensive reading, of strong, discriminating mind, and quite an agreeable speaker. IIe was by no means fond of office-labor, and much preferred fishing and hunting to drudgery of any kind. IIe also had a decided propensity to his bottle; and that was the only objection to him. He was a kind-hearted man and always ready to aid persons in distress. Still, owing to his habits of intemperance, he wielded no great influence in his profes- sion. In 1825, he was again elected to the Legislature but, ascer- taining that the Clark party, to which he belonged, had a majority
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on joint-ballot, he resigned his seat within twenty days from the election, so as to become a candidate, and was elected Judge of the Superior Court of the Southern circuit. His old habits still clung to him, and he was often seen intoxicated on the bench. For some decisions he made in the great case of A. B. Ridley and wife against Joseph Blackshear, executor of Elijah Blackshear, de- ceased, in Laurens, Col. Blackshear preferred articles of impeach- ment against him at the session of the Legislature in 1827. A committee heard evidence, made a report, and recommended his removal from office by an address to the Governor. A majority of two-thirds in the House of Representatives sustained the report; but, the Constitution also requiring two-thirds in the Senate, the measure was lost in that body, although having an actual majority.
Judge Fort served out his term of office in a somewhat improved manner after his escape from the Legislature. He was highly gifted, had nice sensibilities, and threw a flood of light upon any subject of conversation. In the language of a gentleman* well qualified to form an opinion, "Judge Fort in his best days was not even the shadow of what he might have been." Several years after his judicial term expired, he removed to Midway, where he died. He was a brother of Dr. Owen C. Fort, who died in 1829, and also of Dr. Tomlinson Fort, of Milledgeville. Their father, Arthur Fort, was a signer of the Constitution of Georgia in 1798.
The other individual, Robert Addis Evans, was a rare curiosity. He was a native of South Carolina. His education was fair, and his mind of a subtle, penetrating order, capable of mastering the first principles of any science ; and yet he applied himself to nothing useful or permanent. He read Tom Jones and the Bible with the same desire of truth, played the fiddle, and then talked profoundly about the decrees of fate, abused all mankind one day as a worth- less pack, and the next day would give his last coat to a beggar. His mental and moral organization varied from that of other men. For a few hours he would take up a treatise on mental philosophy, and discourse on the wonders of the human intellect, upon the goodness of the Almighty in adapting it to all conditions and pur- suits. Again he would declare that all matter came by chance : there was no Supreme Agent to form or control it ; that man would perish as the brute, and it was ridiculous to say that he had a soul, a principle or substance within him that could never die; an existence after death was nothing less than self-contradiction, and
* Dr. Ira E. Dupree.
VOL. I .- 17
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was fit only to soothe weak people. At another time, man was a noble being, full of the divine nature, immortal, and bound by every obligation to love and reverence his Creator. Life was a state of trial to develop faith, to inspire virtue by constant tempta- tions and the peace self-conquest afforded.
And in the social relations he was equally capricious,-to-day unfolding a happy scheme for the future of a young friend, advising kindly, throwing business in his way, guarding him with a parent's solicitude, and pledging eternal fidelity ; the next week all was changed : bitterness and disgust filled his soul and gushed from his lips whenever that young friend was mentioned : he was a simple- ton, had not a ray of intellect, was wanting in courage, and would soon be given up by his relations in despair.
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