USA > Georgia > The history of the State of Georgia from 1850 to 1881, embracing the three important epochs: the decade before the war of 1861-5; the war; the period of Reconstruction, v. 1 > Part 24
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Gen. Jackson received orders direct from Gov. Brown. His Adjutant General was Lt. Col. Charlton H. Way. During the brief campaign of a little over three months in which the state troops were in service, there was a vast deal accomplished. Gen. Jackson was very zealous, and between himself and Gen. A. R. Lawton, commanding the Confed- erate troops, there existed an admirable accord. The official corres- pondence of Gen. Jackson's division shows many interesting, as well as some lively episodes. Gov. Brown gave a close supervision to every detail of the service. The Governor entertained a cordial re- gard and admiration for this capable and distinguished officer. In his message to the General Assembly in the following November, in referring to the state troops Gov. Brown used this language about Gen. Jackson:
" It is but justice to Major General Jackson, that it be remarked that he had, with untiring energy and consummate ability, pressed forward the preparation of the defenses and the training of the army, and that the people of Georgia owe much of gratitude to him for the safety of the city of Savannah and its present freedom from the tyrannical rule of the enemy. There is not probably an intelligent, impartial man in the state who does not regret that the services of this distinguished son of Georgia should not have been properly appreciated by the Confederate authorities, and that he should not, after the Georgia army was transferred, have been invited by the President to a command equal to his well-known ability and merit. This was requested by the Executive of this state, which request was presented to the President by her entire del- egation in Congress."
Col. E. W. Chastain, who commanded the 8th regiment of Gen. Walker's Brigade, was arrested by Gen. Walker for using severe lan- guage to Major O. C. Myers, the Assistant Adjutant General of the Brigade. The Governor knew the value of the volunteers and their spirit too well to disgrace officers on account of a hasty ebullition of profanity, and insisted that Col. Chastain should not be punished beyond arrest. Capt. Henry Cleveland, in charge of the Savannah arsenal, had been the editor of the Augusta Constitutionalist, and was a writer of genius. In his position in the Ordnance Department he appears not to have had very harmonious relations with Major Lachlan MeIntosh,
229
FIGHTING THE FEDERALS WITH TURPENTINE.
the Chief of Ordnance for the state. Writing in January to Gen. Jackson, Major McIntosh thus discoursed:
" It is but right for me to say that I fully appreciate Captain Cleveland's eccentricity, and deeply regret that there is not some other field open to that gentleman wherein to exercise his wondrous administrative abilities."
A lady signing herself " P. M. L.," made the following unique sug- gestion for the defense of the city of Savannah, stating that she had been trying to think up a plan to "expel the Yankees " from the coast and had hit upon this plan.
" To put on board of boats about 500 or 1,000 barrels of turpentine (first having made a calculation of the speed of the water of the Savannah river, so as to allow the proper time to elapse), and go to within a mile of the fleet (during the night) and at different distances have the turpentine turned out along across the water, having allowed the proper time to elapse from the turning out of the turpentine, for it to reach the fleet, as it will not mix with the water. Then set fire to the turpentine poured upon the water, and it will do them much damage, if not entirely ront them. Now if you will head the expedition to see that all is done at the proper time, and in order and no failure, I think somebody will be hurt. It at least will be worth trying. I only give the initials of my name below, as I do not wish you for a moment to think that I, a lone female, should dictate to one of your experience and judgment what should be done."
This feminine invention is solemnly filed among the patriotic archives of that exciting period. Gen. Lee was transferred to another depart- ment, and Maj. Gen. Pemberton assigned to the command of this de- partment. The enemy inaugurated the series of movements that resulted in the loss to the Southern cause, and to Georgia, of Fort Pu- laski. Tybee and Warsaw Islands were covered with Federal troops. The inlets of our coast swarmed with Federal vessels. Skidaway and Green Islands were abandoned by Gen. Pemberton. The line of defense was confined to the main land. By the 22d of February, the Federals succeeded in a complete isolation of Fort Pulaski, by removing the ob- structions in Walls Cut and thus entering the Savannah river in the rear of the Fort. Commodore Tattnall succeeded in effecting a passage to the Fort in the very teeth of the Federal gunboats, and supplied the garrison with six months' provisions. Eleven batteries were thrown up on Tybee Island.
The garrison of Fort Pulaski consisted of 365 men and 24 officers, under command of Col. Charles H. Olmstead, a gallant and capable of- ficer. He was a graduate of the State Military University at Marietta, and combined in a striking degree the graces and culture of the true gentleman with the intrepidity and skill of the soldier. Gen. David Hunter commanding the Federal forces, demanded the surrender of the
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230
THE SPIRIT OF GEORGIANS TRUE.
Fort on the morning of the 10th of April, 1861, and Col. Olmstead re- plied briefly that he was there "to defend the fort, not to surrender it." The bombardment began and continued for two days. The main fire of the foe was directed on the south-east angle of the fort. The guns in it were all dismounted, and a large breach made through which the shot . and shell went directly to the magazine. Retreat was impossible, and further defense impracticable. The Fort was surrendered, at half past two o'clock, the 11th day of April, 1862, honorable terms having been granted the garrison. Col. C. C. Jones in his well-written sketch of the Chatham Artillery, relates an incident of personal daring that oc- curred during this siege that deserves preservation. In the second day's bombardment, in a storm of shot and shell the flag was shot down. Lt. Christopher Hussey, of the Montgomery Guards (Capt. Guilmartin), and private John Latham, of the Washington Volunteers (Capt. MeMahon), leaped upon the parapet, upon which the fatal hail of battle was raining an unbroken torrent, disentangled the fallen symbol of defiance, coolly carried it to the north-eastern angle of the fort and floated it gayly to the ball and breeze on a temporary staff, erected for the occasion on a gun carriage. It was an intrepid act of personal heroism.
The loss of Fort Pulaski stimulated the preparation for the defense of the land. The term of enlistment of the troops was expiring in many cases. The hot fever of the early days of the war had very much quieted down. The effervescence had dissolved. Men were not so eager to fight. A year of actual service had dissipated the poetry of soldiering. Men had come to a recognition of the cold realities of a desperate con- flict. There was a decided toning down of that buoyant eagerness for enlistment that so marked the inception of the struggle, but it was still true that the men of Georgia came forward willingly to the serious work in store for us and not to be avoided. The loss of Fort Pulaski stirred every patriotic heart in Georgia. It nerved every man and woman to resistance, and to cordially persevering in the duty of the hour.
Gov. Brown issued a Proclamation for a complete organization of the militia with a view to a draft if there were not voluntary enlistments. The State troops had almost unanimously voted against a transfer to the Confederate war authorities. In recognition of the grave crisis the ith day of March was appointed as a day of Fasting, Humiliation and Praver. The use of corn in the distillation of spirits was prohibited by proclamation to prevent the consumption in that way of grain needed for food. A reward of $5,000 was offered for the discovery of any salt
2
231
THE BAD POLICY OF PLANTING COTTON.
springs or wells that would afford 300 bushels of salt a day, the Gov- ernor taking the responsibility of proclaiming such reward without authority. Gov. Brown paid a visit to the coast early in April, and reviewed and addressed the State troops. In this speech he compli- mented their defense of the sea-board, and urged them to re-enlist, mak- ing an earnest appeal to their patriotism.
A vital subject at that time was the policy of the farmers of planting provision crops instead of cotton. Judge Linton Stephens in behalf of a number of citizens addressed a note to Gov. Brown asking his views on this matter. The reply was an able discussion of the subject. He said that we had more to fear from the production of cotton than any other disadvantage. The ordinary sources of provision supply were very much diminished. We would have to rely upon ourselves for food. The reply ended with an appeal to the farmers to do their duty in this crisis. Hon. Alex. H. Stephens came to Georgia and made a strong speech, urging the people to continued energy and sacrifices in the prosecution of the war, and in this speech he pressed the paramount necessity of raising ample food crop. Gen. Toombs incurred much odium by his course on this matter, he boldly insisting upon raising upon his own plantation nearly full crops of cotton. And the following dispatch from Gen. Toombs brought him considerable animadversion.
" RICHMOND, June 11, 1862.
" To Messrs. Geo. IIill, A. F. Newsom and Wm. Carter, Committee.
" GENTLEMEN :-- Your telegram has been received. I refuse a single hand. My prop- erty, as long as I live, shall never be subject to the orders of those cowardly miscreants, the Committees of Public Safety of Randolph County, Ga., and Eufaula. Yon may rob me in my absence, but you cannot intimidate me.
"ROBERT TOOMBS."
County meetings were held in which the farmers pledged themselves to drop cotton and raise provisions.
CHAPTER XXV.
BROWN AND DAVIS IN THEIR GREAT TUSSLE OVER CONSCRIPTION.
The Conscription Act .- Not Needed in Georgia .- Col. A. H. Kenan and Gov. Brown .- A Cabinet Place in Brown's Grasp .- The Correspondence between Gov. Brown and President Davis .- A Model of Statesmanlike Controversy -The Discussion .- A Mile-stone of the Revolution .- Mr. Davis' Treatment of the Controversy in his " Rise and Fall of the Confederacy."-A One Sided Presentation .- Both Sides Fairly Given in this Volume .- Gov. Brown Obeys the Act .- The State Troops Turned Over -The Officers Refused .- Gen. H. R. Jackson's Farewell Order .- Gov. Brown's Order .- This State Force Episode Romantic .- The Folly of the Confed- erate Administration .- The Arrest of Col. Ben. Laugbridge .- Col. C. J. Williams. -Col. Walter Ector .- Mrs. C. J. Williams .- Hon. Alfred Iverson .- Unverified Prophecy .- The Funny Blunder of the Types. - " Stripped Wives."-The Audacious Attempt to Seize the State Road.
THE Conscription Act passed the Confederate Congress in April, 1862. Its passage was the result of the military stress. Mr. Davis recommended the measure in a special message, and the Confederate Congress promptly passed it, under decided and considerable opposition. It was not needed in Georgia. For every requisition there was more than ample volunteering. Under the last call for twelve regiments, Gov. Brown furnished eighteen. And he expressed the belief that he could have raised fifty regiments if Mr. Davis had called for so many. The spirit was still rife for volunteering, and it continued to be a difficult matter to reconcile captains of companies who were left out of regi- ments. From the time the Conscript Act was enforced in Georgia, there was a greater reluctance to go to the field than had ever before been shown. Even after that, however, there was no difficulty in furnish- ing troops promptly and in larger numbers than called for, if they had the right to form their regiments at home, and elect their own officers. It was the practice at the North at the same time that Mr. Lincoln made requisition upon the Governors of States for troops, to furnish them organized into regiments. And there was no difficulty in Georgia about getting plenty of troops when they were allowed the privilege of organizing and electing their own regimental officers. That practice would have given regiments in our State as long as there were men out
233
GOV. BROWN TENDERED A CABINET PLACE.
of which to make them. This right of organization they considered the Constitution clearly guaranteed to them, and they set great store by it.
It must ever remain a mooted point, whether the Conscript Law was a benefit or an injury to the Southern cause. It was claimed a neces- sity, and therefore enacted and enforced for this reason. Its opponents bitterly disputed its necessity, while as urgently arguing its uncon- stitutionality. It may well be doubted when people have been dragged by law to the forced support of a cause, and when they will not vol- untarily rally to such cause, whether success can be achieved. Be this as it may, conscription was never necesssary in Georgia. The most determined opposition to the Conscript Law came from this State. And the controversies that ensued between Gov. Brown and Mr. Davis and his Secretary of War were matters of intense and universal Southern interest, and the antagonism resulting became as bitter as it was historic.
There is a curious and interesting incident connected with this act of conscription. The Act awakened a general and lively interest and provoked a warm public discussion. The people were prepared for it before it came. Every effort was made to harmonize popular sentiment upon it that it might go off well. Among the special friends of Mr. Davis was Col. Augustus H. Kenan, one of our Georgia Confederate congressmen, representing the district in which Milledgeville lies. He was well known over the State, of imperious force of character, a large, handsome, imposing person, rather haughty and aristocratie, but possess- ing ability and honor. . He was known to be a friend of Gov. Brown, and was probably for this reason selected for the mission of which we are speaking. It was known that Gov. Brown was not favorable to the Conscript Act. Col. Kenan came to Georgia, and seeking an inter- view with Gov. Brown, he tried in a long and earnest talk to recon- cile him to the support of conscription, or at least. to induce him to make no opposition. The conversation became very animated, and at times stormy. Both were positive men, both combative, both unyield- ing, both of a dominating temper. Col. Kenan plied every argument and persuasion to the placid but determined anti-conscriptionist, but in vain. Gov. Brown would not yield to logic or entreaty. He was firm and immovable. In the course of the interview, Col. Kenan intimated to Gov. Brown that a place in the Cabinet of Mr. Davis would be at his command if matters went harmoniously. But Gov. Brown would not yield his place as Governor of the great State of Georgia for any
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23-4
THE FIRST LETTER OF GOV. BROWN ON CONSCRIPTION.
Cabinet office. The mission was unsuccessful, and towards the close, the interview became very warm, both gentlemen getting emphatic and somewhat plain spoken. And they parted in spirited disagreement, and under considerable display of feeling against each other; but in their next meeting, having cooled, their temporary misunderstanding was laid aside and they resumed their wonted friendliness of intercourse, based upon a hearty respect and reciprocal regard.
The first important correspondence was between Gov. Brown and Mr. Davis, and was on the constitutionality of the Conscript Act, and was conducted with great ability and dignity on both sides. It was a model of statesmanlike controversy, lofty, courteous, argumentative and pow- erful. Both showed themselves masters of the subject-each present- ing his side with striking force. The first letter of Governor Brown was dated April 22, 1862, and notified Mr. Davis of Ins receiving a copy of the Conscription Act and of his turning over the state forces in compliance therewith to the Confederate command. He went on to state that Georgia had seceded from the Union because the Federal government had disregarded the rights of the states. He contended that the Conscription Act puts it in the power of the Confederate Executive to disorganize all state troops and destroy Georgia's state government by disbanding her law-making power. Under the Con- script Act every officer of the state goverments, the state employés, the mechanics, railroad operatives and state military officials, etc., can be forced into the Confederate service. It was unconstitutional for the Confederate Executive to have such power. He argued that the act was in conflict with the Constitution, which reserves to the states the right to appoint the officers of and train the militia. He declined to have anything to do with the enrollment of conscripts, leaving the execution of the conscript law to the Confederate authorities, reserv- ing any test of the constitutionality of the act for consideration when it may less seriously embarrass the Confederacy in the prosecution of the war. He desired to know what exemptions would be made. Mr. Davis replied briefly on the 28th of April, 1862, inelosing copies of various acts exempting certain classes from military service. The wager of battle was thrown down in the following condensed utter- ance: " The constitutionality of the act you refer to as the 'conserip- tion-bill,' is clearly not derivable from the power to call out the militia, but from that to raise armies."
Governor Brown's second letter, dated May 9, 1862, started out with the assurances that while as an individual or Executive he proposed to
LETTERS OF GOV. BROWN AND MR. DAVIS. 235
give Mr. Davis all aid possible in the war, he did not propose to commit the state 'to a policy subversive of her sovereignty and at war with the principles for which Georgia entered the revolution. The Conscription Act could not aid in getting more arms, but more men, and as more men could be enlisted than could be armed, the act was not necessary. As to the constitutional point he argued that all the grants of power given by the Constitution to Congress must be construed together and be subject to that paragraph which reserves to the states the right to appoint officers. The grant to raise armies refers to regular armies, and not those composed of the whole militia of all the states; and if under such grant all of the militia of the states could be used by Congress, with the power of appointment of officers, then the constitutional pro- vision securing the states the reserved rights over militia was a nullity. The debate on the Federal Constitution shows how sacredly this right of the states was regarded and preserved. This letter wound up with this strong paragraph:
" Should you at any time need additional troops from Georgia to fill up her just quota in proportion to the number furnished by the other states, you have only to call on the Executive for the number required, to be organized and officered as the Constitution directs, and your call will, as it has ever done, meet a prompt response from her noble and patriotic people, who, while they will watch with a jealous eye, even in the midst of revolution, every attempt to undermine their constitutional rights, will never be content to be behind the foremost in the discharge of their whole duty."
Mr. Davis wrote his second letter on the 29th of May, 1862. ITis Cabinet, Attorney General and a majority of Congress believe the con- scription constitutional.' The power of Congress to raise armies under the Constitution was broad and unqualified. It could raise armies without limitation as to method or material, and to any extent neces- sary. The necessity in this case was urgent, to prevent the disbandment of twelve-months' troops whose times were out. The militia of a state are only militia when called out and organized, and are not the citizens taken singly. The power of Congress to call out state militia is differ- ent from the power to raise armies. The grant of exclusive power to raise armies is not restricted by a grant of divided power over militia. They are two distinct subjects. The armies and the militia are necessa- rily raised out of the same material. The power to enlist must be co-extensive with the exigencies of the occasion, and the extent of the exigeney must be determined by Congress. The existence of the Con- federaey being threatened by vast armies, the Congress had in its power called for, not militia, but men to compose armies. Mr. Davis
236
PRESIDENT DAVIS COMPLIMENTS GEORGIA.
wound up his letter with these sentences, the first remarkable in the light of the final result:
" At some future day, after our independence shall have been established, it is no improbable supposition that our present enemy may be tempted to abuse his naval power by depredation on our commerce, and that we may be compelled to assert our rights by offensive war. How is it to be carried on? Of what is the army to be composed? this government cannot call on its arms-bearing population otherwise than as militia, and if the militia can only be called forth to repel invasion, we should be utterly helpless to vindicate our honor or protect our rights. War has been well styled 'the terrible liti- gation of nations.' Have we so formed our government that in this litigation we may never be plaintiff ? Surely this cannot have been the intention of the framers of our compact.
"In conclusion, I take great pleasure in recognizing that the history of the past year affords the amplest justification for your assertion that if the question had been whether the conscription law was necessary to raise men in Georgia, the answer must have been in the negative. Your noble State has promptly responded to every call that it has been my duty to make on her ; and to you personally, as her Executive, I acknowledge my indebtedness for the prompt, cordial and effective cooperation you have afforded me in the effort to defend our common country against the common enemy."
Gov. Brown's third letter was dated June 21, 1862. It expresses the conviction with great diffidence that Mr. Davis has failed to sustain the constitutionality of the Conscription Act. He calls attention to the omission of Mr. Davis to answer that part of his argument which established that the contemporaneous construction of the Federal Con- stitution nor the earlier practice of the Federal Government sustained the constitutionality of conscription. This letter is a very lengthy and exhaustive one. He takes Mr. Davis to task for assuming such a strong Federalist position, as that Congress is the judge of its own powers. He says that he had for years regarded Mr. Davis as one of the ablest and boldest defenders of the States' Rights school. Gov. Brown quotes liberally from the utterances of Madison and Calhoun and from the Virginia resolutions. He follows the exercise of the power claimed for Congress to its full extent, alleging it would make Congress supreme over the states, placing the very existence of the State governments subject to the will of Congress. It can compel the Governors of States, Judges of State courts, State militia officers to go into service as privates in the Confederate armies, and thus practically disband the State govern- ments whenever Congress shall judge that it is necessary. The very exemption acts of Congress are assertions of the unconstitutional and dangerous power that Congress claimed and that Gov. Brown opposed.
Gov. Brown argued at very considerable length the sound policy of allowing the State troops to organize themselves and choose their own
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237
THE CONSCRIPTION CORRESPONDENCE CONCLUDED.
officers. The right to select their own officers was one dearly cherished by the troops, and they did better service when allowed the privilege. The volunteers clung to the right tenaciously. The Conscription Act embraced so large a proportion of the militia officers in Georgia that it would absolutely disband the organized militia left at home, and leave the women and children helpless against negro insurrection. Gov. Brown wound up with these very kind words:
" If I have used strong language in any part of this letter, I beg you to attribute it only to my zeal in the advocacy of principles and a cause which I consider no less than the cause of constitutional liberty, imperiled by the erroneous views and practice of those placed upon the watch tower as its constant guardians.
" In conclusion, I beg to assure you that I fully appreciate your expressions of personal kindness, and reciprocate them in my feelings toward you to the fullest extent. I knew the vast responsibilities resting upon you, and would never willingly add unnecessarily to their weight, or in any way embarrass you in the discharge of your important duties. While I cannot agree with you in opinion upon the grave question under discussion, I beg you to command me at all times when I can do you a personal service, or when I can, without a violation of the constitutional obligations resting upon me, do any service to the great cause in which we are so vitally interested."
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