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 25
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The third letter of Mr. Davis, dated July 10, 1862, disclaimed any sentiment that "Congress is the final judge of the constitutionality of a contested power." He adds that "the right of each state to judge in the last resort whether its reserved powers had been usurped by the general government is too familiar and well-settled a principle to admit of discussion." Mr. Davis concludes thus:
" As I cannot see, however, after the most respectful consideration of all that you have said, anything to change my conviction that Congress has exercised only a plainly- granted specific power in raising its armies by conscription, I cannot share the alarm and concern about state rights which you so evidently feel, but which to me seem quite unfounded."
July 22, 1862, Gov. Brown wrote his fourth letter, which concluded this memorable correspondence between the President of the Confed- eracy and the Governor of the leading Southern state upon the most important act of Confederate legislation. In this letter Gov. Brown struck Mr. Davis a center stroke and turned his own fire upon him. He insisted that in all regiments organized in the State, and turned over as organized bodies to the Confederate government, they should be per- mitted to elect their own officers to fill vacancies. He made this demand with the greater confidence because in the Mexican war, when President Polk tendered Mr. Davis (then colonel of a gallant Mississippi regiment) · a commission as brigadier general for heroic services, Mr. Davis declined the appointment on the ground that the President had no right under
233
THE STATE TROOPS TURNED OVER TO MR. DAVIS.
the Constitution to appoint a brigadier general to command the State volunteers then employel in the service of the United States Govern- ment, but that the State alone could make such appointments. If such was the constitutional difficulty then, certainly, under the same pro- visions, the Confederate Government could not appoint not only the brigadier generals but the field and company officers of State troops. The profound interest created by this controversy pervaded the whole Confederacy. The importance of the subject, the high position of the gentlemen and the ability and dignity of the letters make the discussion one of the mile-stones of the revolution.
Mr. Davis in his " Rise and Fall of the Confederacy," recently pub- lished, prints his own letter of the 29th of May, 1862, as his presentation of his own side of the question, except that he omits the paragraphs complimenting Gov. Brown and the State of Georgia. He also fails to extend to Gov. Brown the justice of publishing his side of the question. The discussion was so important, able and exhaustive on both sides, that it is deemed a matter of sufficient historic interest and value to print in " Appendix B" of this work the letters in full of Mr. Davis of the 29th of May, 1862, and of Gov. Brown of June 21st, 1862, as embodying the full argument of each distinguished gentleman for and against the great subject of Conscription. The reader can for himself contrast the elaborate pleas.
But notwithstanding his effort to preserve the sanctity of constitu- tional principle, Gov. Brown gave a practical and instantaneous obedience to the Confederate law. Hon. G. W. Randolph, the Con- federate Secretary of War, telegraphed Gov. Brown on the 15th of April, 1862, of the passage of the Conscription Aet, which placed in the Confederate service all men between 18 and 35 years of age, not legally exempt. Gov. Brown the same day responded by telegraph, " I pro- pose to turn over the troops who yet remain in service with the respon- sibility to you, immediately, in such manner as may be most agreeable to the President." This unhesitating and unconditional co-operation with the Confederate authorities should satisfy all fair-minded men that Gov. Brown in defending the principle for which he was fighting was governed by a high and commendable sense of duty, and was entirely consistent with a devotion to the cause and an energy in its mainte- nance, that were not surpassed in the whole vast extent of the struggle.
Mr. Randolph telegraphed to Gov. Brown to keep his troops together, and employ his State enrolling officers. Gov. Brown telegraphed on the 16th to Maj. Gen. Henry R. Jackson the expiration of his command,
239
FAREWELL ORDERS OF GEN. JACKSON AND GOV. BROWN.
and directing that the Brigade commanders under him with their com- mands report to Brig. Gen. Lawton. He tendered his thanks to the officers and men for their patriotic conduct, and justly stated that " the works around the city of Savannah will relate to posterity the skill, in- telligence, energy and patriotism of the State troops of 1861-62." Gen. Jackson, on the 16th, issued his order bidding farewell to his Division, in which he used these words:
" While he confesses to a keen disappointment in the disorganization of his command before it had encountered the enemy in battle, he feels strengthened by the conviction that whenever, or under whomsoever, its elements may be called into action, they will exhibit not only the heroism of Georgian's fighting for their liberties, but the force and efficiency of drilled and disciplined soldiers."
Gov. Brown issued an order, which, like the farewell order of Gen. Jackson, is a touching and graceful expression of feeling. In it he used this remarkable language-remarkable in connection with the Con- script Act, in illustrating the conscientious purity of his position in re- gard to that measure.
" The country is now in great peril, and the city of Savannah threatened with an early attack. Under these circumstances whaterer may be your opinion or mine of the the wisdom or propriety of the Conscription Act, it behooves us all as Georgians and patriots, to sacrifice our personal interests, feelings and aspirations upon the altar of our common country. I therefore admonish each and every one of yon, to perform in the future, as you have done in the past, all your duties as soldiers, with promptness and cheerfulness, and to remain in the service without regard to the expiration of your re- spective terms, till Savannah is safe, and the invaders driven from the soil of our be- loved State."
Taking it all in all the episode of this gallant division of state troops was a right romantic one, and of striking interest, and its transfer was full of touching features. Called into existence under a doubtful authority, yet through a masterly prescience of the future in Gov. Brown, it was vindicated by the very emergency that he foresaw and that it remedied, and it was a crowning tribute to his daring readiness to assume responsibility for the public good. It was this quality in Gov. Brown that made him so valuable, so famons and so popular dur- ing the war. Signally clear-sighted and absolutely fearless, he uner- ringly divined future necessities, and fearlessly acted while other men deliberated. He did whatever he believed for the best, leaving con- sequences to take care of themselves. Nor was there any vacillation or looking back after he had acted. He shrank from no opposition or criticism, but confronted the logic of his deeds with unflinching intre- pidity.
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240 INJUSTICE AND BLUNDERING OF THE CONFEDERATE AUTHORITIES.
The legislative battle over the State troops was a highly colored act of this lively drama. And it tested Gov. Brown's supreme nerve in adhering to his will. It looked as if the legislature would crush Kim out. It raised the black flag against him, nearly, and in its collective majesty thundered his destruction, its august aggregate of condemna- tion striking him in his single-handed isolation. But he stood like a rock, defied their arguments, recriminated their denunciation, and boldly appealed to the people. They sullenly yielded the victory, which he firmly clutched from their unwilling hands. But when the treasured fortification of Pulaski fell and the sea-board was beleaguered with fleets and armies, and the brave troops he had so long before called into service on his own audacious and questionably authorized volition stood the safe-guard and protection of Georgia's liberty, then did he receive the full meed of praise and gratitude due to what was heroic personal and official sense and courage.
Perhaps the most interesting matter connected with this superb divis- ion of state forces, this noble little Georgia army was the generous self- sacrifice of its officers, who so promptly laid down their cherished commissions and with them the opportunity of that exalted ambition, which so largely enters into both the patriotism and military glory of the soldier's career. Can it be wondered that a directing administra- tion should finally fail that so wofully blundered as to throw over the superb officers who led this division, who had organized and dis- ciplined it, and who could point to a proud piece of handiwork, renounced in a lofty spirit of self-abnegation, that deserved recogni- tion. There was not in the comprehension of both armies a brighter galaxy of military spirits than the division and brigade commanders of this rare little foree, and yet not one of them was retained by the Con- federate government, the command being received by regiments and battalions. It was a cruel injustice and a fatal folly. And the aggre- gate of such blunders helped the ultimate defeat.
The injustice was especially reprehensible in connection with the heroic and capable commander of this superb division, Gen. Henry R. Jackson. In the Mexican war he had served with Mr. Davis, and there had been some intercourse not entirely smooth. Mr. Davis has been noted for carrying with him the memory of resentments. There would be no severe stretch of probabilities to read in the treatment of Gen. Jackson the invisible stimulus of an unforgotten prejudice. He had, in order to take this state command at the call of his native common- wealth, been forced to lay down his brigadiership, a leave of absence
241
MAJOR GENERAL HENRY R. JACKSON.
for that purpose having been refused him by the Confederate govern- ment. He had wrought his division to superb organization antl effi- ciency. In the hour of proud consummation he unmurmuringly yielded it up to the Confederate authorities to avoid embarrassment created by his rank, and retired to the ranks, even offering himself as a private in the company he had taken to Mexico. The people of Florida, through a committee, called for him to command there, but another was assigned to that duty.
A Georgia delegation from the army of Tennessee applied for Gen. Jackson, but the President received the application in silence. When Gen. Cobb was ordered to the command of a military geographical division, embracing Florida and a part of Georgia, he wrote to Gen. Jackson to ascertain whether he would desire the command of a district under General Cobb, should a plan which he had submitted, dividing his command into two districts, be adopted. Gen. Jackson replied that he would be thankful for any position in the field, and wrote to Gen. Cooper, the Confederate Adjutant General, soliciting the appointment. Gen. Cooper replied in a brief note that, as the President did not approve of Gen. Cobb's plan, Gen. Jackson's "services were not needed." It was, a strange purpose that withheld service from an eager, gallant, skilled and experienced officer of such consummate ability, who so urgently and variedly sought military duty.
Gen. Jackson was finally restored tardily to his Brigadier's rank in the Confederate army when the ill-fated struggle was drawing to its close, and with a noble brigade skillfully handled, he accompanied Hood to Tennessee. He shone in every battle, and finally in the lines before Nashville he held his place until both flanks were driven back, and was captured by overwhelming numbers. He was retained as a prisoner of war until the surrender of the armies of the Confederacy, which occurred a few months afterwards, and thus honorably termi- nated the military career of this brave, accomplished and patriotic officer.
Several incidents occurred that demonstrate Gov. Brown's quality of decision. Upon the issuance of Gov. Brown's order stopping the dis- tillation of whiskey, Col. Laughridge, the commanding colonel of the Murray county militia, not only denied the right of the Governor to issue the order, but himself disobeyed it by running a still. The Gov- ernor immediately ordered the arrest of Col. Laughridge, and he was court-martialed, convicted, and fined $500. When the Governor ordered the seizure of salt, he took one thousand bushels belonging to A. K.
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242
MRS. MARY A. WILLIAMS, AUTHOR OF DECORATION DAY.
Seago of Atlanta. Mr. Seago was paid for his salt and receipted for the money. The salt was placed in charge of William Watkins, one of the military store-keepers of the State. Mr. Seago filed an action of Trover against Mr. Watkins, and made the necessary affidavit to put him under $32,000 bail. Gov. Brown promptly ordered the sheriff to release Mr. Watkins from arrest and abstain from any further proceedings, declar- ing that in time of war, with the enemy on our soil, he could not per- mit military operations to be hindered by civil authority. Learning that there was some talk of the sheriff refusing to obey the order, the Governor issued an additional instruction to Gen. W. P. Howard, com- manding the 1st Brigade of the 11th Division of the militia, to use any force necessary to prevent Watkins' incarceration in prison, or if im- prisoned, to release him and arrest the sheriff. This settled the matter and quieted the sheriff.
During the early part of 1862, two very valuable Georgians died, Col. C. J. Williams of Columbus, colonel of the 1st Georgia Regulars, and Col. Walter Ector of the 13th Georgia Infantry, both gentlemen dying from disease incurred in the service in Virginia. Col. Williams stood very high in the State, and had been prominent in our politics. He had been Speaker of the House of Representatives. He had in a high degree, the confidence and esteem of Gov. Brown. His widow, Mrs. Mary A. Williams, originated the beautiful " Decoration Day" that has become an established custom of the country, North and South. since the war. And she also conceived and started into actual opera- tion, from Georgia to Virginia, the beneficent system of " Wayside Homes" for soldiers, that did so much good during the war. She was the daughter of Major John H. Howard, a noted politician and railroad president. In 1846, she presented a flag to the 1st Georgia regiment, commanded by Col. Henry R. Jackson, her prospective husband, C. J. Williams, being Major, whom she married after the Mexican war. She died in Columbus, at the house of her son, on the 15th of April, 18:4. and was buried with military honors. Her grave is decorated every memorial day. She sent her only son to the war at fourteen years of age. In Appendix "C" will be found the original communication. written to the Columbus Times, suggesting the " Memorial Day" custom. A son of hers, C. H. Williams, is one of the leading journalists of the State, now publishing the Atlanta Gazette.
Upon the refusal of Mr. Toombs to accept the election as Confederate States Senator, the Hon. Alfred Iverson, ex-United States Senator,. pub- lished a letter declaring that he would not accept the appointment from
Mary and Williams
MRS. MARY A. WILLIAMS, AUTHOR OF THE DECORATION DAY CUSTOM.
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243
THE AMUSING MISTAKE OF THE TYPES.
Gov. Brown, the legislature having defeated him for the office. He took occasion to refer to his famous Griffin speech, to which reference has been made in this volume, and which elicited so much hostile com- mentary, and was declared to have buried him politically. In that speech he had declared for disunion on the ground that the abolitionists meant to destroy slavery, and separation alone would save slavery. He had been discarded for that speech, but called attention to the verifica- tion of his views, and the fact that the people now stood with him." The concluding sentences of this letter of the distinguished ex-Senator are a striking expression of the confident spirit of the times, and like many other prophecies of that day, read incongruously in the light of the final result. In complacent review of his disunion efforts, Mr. Iverson thus spoke:
" Our liberties will be won ; our government will be maintained; our independence achieved and acknowledged by all nations. The blasts of 'wild war' will subside and gentle peace return to bless and smile upon our beloved Southern homes. Having con- tributed all in my power to bring about these glorious results, I ask no more than to enjoy in peace and quiet the blessings of freedom under a government for which my heart has yearned for years."
An amusing mistake occurred in connection with the patriotic spirit of the people as shown in the willingness expressed to strip their roofs to furnish material to mould into cannon. The matter was generally discussed. In the over-mastering desire to aid the cause, the people were ready to make any sacrifice and give up any property that could be used. The Adjutant General of the State, Gen. Henry C. Wayne, wrote to a Savannah lady in reply to an inquiry about utilizing brass and copper for manufacturing cannon. The letter was published in the Savannah News, and contained this expression: "I mention this that we may not have our wires stripped to no purpose." The letter was widely copied and evoked a volley of comment and speculation as well as raillery. The Atlanta Commonwealth solemnly declared that " an official announcement of the fact was uncalled for." It seems that the General's letter should have been printed with the word "roof's" in- stead of wives, which would have made the expression read, " I mention this that we may not have our roofs stripped to no purpose." The At- lanta Intelligencer stopped the very ridiculous agitation with an expla- nation of the matter, and trusted that the good wives of the country would be satisfied and pardon that printer's blunder.
In April of this year, 1862, occurred a most audacious attempt of some Federal spies on the State road. The leader in it was a man by
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244
BOLD ATTEMPT TO DESTROY THE STATE ROAD.
the name of Andrews, who was at the head of a band of twenty-two men. He was a tall, black-bearded man, wearing a military black over- coat with a large cape. The object of the men was the destruction of the thirteen bridges on the Western and Atlantic railroad, besides general damage to the road. The project was more daring than feasible, or of any practical utility, as it contemplated injury that could so soon be remedied. But it illustrates the spirit of adventurous hazard that prompts bold men in war titnes. These men got on the train at Marietta and at Big Shanty, some twenty-five miles from Atlanta, uncoupled the engine and three cars from the passenger train while the passengers were in at breakfast, and made for Chattanooga. Mr. W. A. Fuller, the conductor, with Mr. Anthony Murphy, the superintendent of the road shops, and the engineer Jeff Cain, started on foot in pursuit. They soon reached a hand-car, and gathering reinforcements as they went along they pushed vigorously for the audacious depredators. It was a long and an exciting chase. At Acworth the track was blocked with forty or fifty cross-ties, and the telegraph wires were torn down for a quarter of a mile. Reinforced by another hand-car and ten more men, they swept on, to be tumbled in a ditch near Etowah by the torn-up track at a short curve. Here an engine was obtained belonging to Hon. Mark A. Cooper, and also a coal car. At Kingston the artful spies had made up a story about carrying ammunition to Beauregard, and duped the switch keys from the agent. Here the Rome engine was obtained and they dashed on twenty-five minutes behind the bridge burners.
Near Adairsville they came upon a torn track. Fuller and Murphy took it afoot and met the down train at Adairsville and turned its engine back, having to stop every short while to remove cross ties from the track. A mile and a half beyond Calhoun they came in sight of the flying fugitives, who dropped a car to stop the way. Near Resaca another car was detached. The indomitable Fuller switched these two cars on a sideling at Resaca and dashed on. The spies had loaded their remaining car with cross ties, and dumped them out at intervals to block the way. The trouble with the ready-witted fellows was that their steam was giving out. The oil-cans and everything else inflammable were hurled into the diminishing fire. In sight at Dalton and also at the Tunnel, they drove their engine to the last. At Dalton they piled up cross ties. At Ringgold the engine began to flag, and several miles beyond the race was over, though they ven- omously reversed their engine to collide with ours, and then they took · to the woods. The pursuit through the country was as vigorously
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245
THE SPIES PUNISHED.
pressed, mounted men having started out from Catoosa. Andrews when captured, offered $10,000 to be released. He had several thou- sand dollars on his person. The whole number of the spies, twenty- two, was caught and carried to Knoxville, where they were tried by a court martial convened by Gen. Ledbetter, commanding the post. Col. Leander W. Crook was President of the Court Martial. The prisoners were defended by Hon. John Baxter and Judge Galt. The man Andrews proposed the scheme to Gen. Mitchell at Shelbyville, and was to be paid $60,000 in gold if successful. Seven men of the 2nd Ohio regiment volunteered, and fourteen of the 21st Ohio Regiment were detailed on this duty. Andrews and the seven volunteers, named Wm. Campbell, Geo. D. Wilson, M. A. Ross, P. G. Shadrack, Samuel Slavens, S. Robinson, and John Scott were convicted, and hung near Atlanta. Andrews was executed in June, 1862, near Walton Spring, and the others south-east of the Atlanta cemetery. The 14 detailed men were not tried, and afterwards were regularly exchanged. The father of M. A. Ross, who lives in Christianburg, Ohio, came for his son's body after the war. Col. W. J. Lawton was commanding the Post of Atlanta at the time, and O. Winningham was the officer of the day.
CHAPTER XXVI.
A GLOOMY CHAPTER OF WAR'S RAVAGE.
Georgia had Done her Whole Duty .- Negroes for Coast Fortifications .- Gov. Brown's Strong Message on Conscription .- Sentiment Conflicting -Conscription Tested Judicially .- A Warm Time in the Legislature .- Linton Stephens' Great Speech - Calumny by the Governor upon the Supreme Court Charged by Judge Cabaniss .- C. S. Senators Elected .- Called Session of the General Assembly .- The Stupendous Measure of the State assuming the Confederate War Debt .- Gov. Brown against it. -Appalling Figures of Indigence .- Desperate War Stress .- A Beautiful Incident of Gov. Brown .- He gives his surplus Corn to the Poor .- Large Loss of Georgians .- Gen. T. R. R. Cobb Killed -Gen. Lee's Exquisite and Touching Letter .- Ben. Hill the Prop of Davis' Administration .- The Curious Interweaving of the Lives of Hill and Brown .- Gov. Brown's Rare Joke .- The Militia Officers put in the Ranks .- Tory Troubles
THE Legislature held its second annual session, beginning Novem- ber 6th, 1862, under much brighter auspices than its session of 1861. The Confederate cause was in the ascendant. We had achieved some great victories in Virginia, Lee defeating Mcclellan, Pope and Burnside in swift succession. Stonewall Jackson had dazzled the continent by his marvelous triumphs. Shiloh in Tennessee and Elkhorn in Missouri had adorned Southern valor. Bragg had made his brilliant Kentucky incursion. Confederate prowess had been illustrated by success in grand battles against great odds. William L. Yancey, who had been sent as a Commissioner to Europe to induce intervention if possible. returned stating that the people of that continent were against us on account of slavery. This enunciation, publicly made, had satisfied the South that we must depend upon ourselves for independence. And the splendid successes of our arms had inspired us with buoyant con- fidence in our ability to triumph.
Georgia had done her whole duty. She had sent 45,000 men to the field. We had sixty-one infantry regiments, five cavalry regiments, six- teen infantry battalions, three cavalry battalions, two legions and four ranger battalions, besides scattering companies and large numbers of individual soldiers sent under the conscription act to fill up existing companies. Our cavalry regiments were:
1st Georgia Cavalry, Colonel J. J. Morrison. 2nd 46
W. J. Lawton.
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247
GEORGIA REGIMENTS.
3d Georgia Cavalry, Colonel M. J. Crawford.
4th
I. W. Avery.
5th Partisan Rangers, " S. J. Smith.
The cavalry battalions were commanded by Lieut. Colonel Charles Spalding, Major M. Cumming and Major D. L. Clinch. The Fourth Georgia Cavalry was organized under Confederate authority. The germ of it was the Georgia Mountain Dragoons, raised by Capt. I. W. Avery, in Whitfield county. It was increased by Capt. Avery, first to the 23d Battalion of Georgia cavalry, and then to the 4th Georgia cavalry regiment. The Dragoons participated in the campaign of Gen. Albert Sidney Johnson, including the battle of Shiloh. Girardey's Georgia Battery also fought in that battle. The Dragoons were an independent scouting company connected with Gen. Hardee, and was once compli- mented by Gen. Beauregard, commanding the army, for penetrating the Federal army lines and bringing out important information at a critical time. The following infantry regiments we had in addition to those reported at the opening of the session last year:
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