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 36
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It is due, however, to truth, to say that during this transition period of pure bayonet rule, the Federal officers generally sought to admin- ister justice and conserve the public interest. They had a hard time between the rapacity of the black and the unrest of the whites. They were obliged to repress the delusion of the negroes that they were to own the property of their old masters, or indeed any property they did not buy, and it was a difficult task.
In looking at this stupendous black problem, out of the blinding in- terest of those rancorous days, it presented an overwhelming difficulty for solution. The emancipation of four millions of slaves, worth two thousand billions of dollars, was a vast economie question. The regula- tion of this huge body of unlettered labor and hereditary ignorance,
341
THE BLACK DELUGE.
and the establishment of proper relations for it to the body .politic un- der an order of things antipodal to its entire previous existence and government, was the largest question of our vital century. It is not to be wondered that the matter was frightfully blundered and botched. For forty years the republic had been throbbing convulsively over the slave issue. The Union had split upon it. The greatest war of history had ended in its overthrow. And as before the crash, so this dominant black question, in the dubious day of national rehabilitation, clutched the country to the exclusion of everything else. In the hazy chaotic air just following the revolution, the abolition sentiment was wild over the stupendous achievement of African emancipation, and it kept up such a clatter as drowned for the time all other themes. Said one of the Western papers, the Chicago Times, of July 7, 1865, vividly de- scribing this black craze :
"The African inundates us. Inky floods pour over the nation and threaten us with another and a worse than Noachie cataclysm. The black deluge ploughs through our streets, pours'along the national avenues, and encircles the altars of religion."
This same paper concluded with this eloquent wail of grim satire :
" There is a chance in this country for philanthropy. There is a good opening for abolitions. It is to relieve twenty-eight millions of whites held in a cruel bondage by four millions blacks. It is a bondage worse than that of Helotism. It is one which re- tards our growth, directs our thoughts and absorbs our efforts. It drives us to war, it ruptures our government, it disturbs our tranquillity and threatens direfully our future. There never was another such a race of slaves as we; there never was another people ground so complete in the dust as this nation. Our negro masters crack their whips over our legislators and our religion. They have established a tyranny over us worse than that of the Pisistradids.
. " It is time there was something done for these twenty-eight millions of white slaves held in fetters by four millions of greasy, flat-footed Africans. Having labored and argued and legislated aud fought for these our masters, for many years, it is time that we should be emancipated and enjoy the fruits of our labor. We see no hope, and the future of the country is as black as the subject of this article."
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CHAPTER XXXIII.
THE ORGANIZATION OF THE STATE GOVERNMENT UNDER PRESIDENT JOHNSON'S PLAN.
Some Ludicrous Incidents of Bayonet Despotism .- The Macon Journal Suppressed because its Editor "Smiled " on taking the Oath .- Judge Erskine .- Mrs. Toombs. -Pardon of Gov. Brown .- Springing his Name for Governor .- The Convention of 1865, Typifying the Resurrection of Dead Sovereignty .- Its Personelle .- Judge C. J. Jenkins its Leader .- Gov. James Johnson's Biting Message .- Abolition of Slavery. -Repudiation of War Debt .- Thaddeus G. Holt .- Fine Appeal for Disfranchised Citizens .-- Gov. Brown and the State's Cotton .- Investigation and Strong Tribute to Gov. Brown and his Subordinates .- Gov. Brown to Judge Jenkins .- Judge Jenkins Elected Governor .- Congressmen .- The Legislature .- Its Personelle .- Gov. Jen- kins not allowed to be Inaugurated Immediately .- His Final Installation .- His Superb Inaugural .- State House Officers .- Frightful Condition of the State .- Gov. James Johnson's Retirement .-- The Black Code .- Gov. Brown's Advice Against it. -Gov. Jenkins' Message .- Inconsistency of Reconstruction .- Both in and out of the Union .- Judges Elected .- Important Legislation.
TIHs epoch of genuine sword rule in Georgia was marked by some characteristic incidents of an arbitrary despotism. One in particular, while unspeakably ludicrous, and at this distance silly, illustrates alike the seriousness of that day and the fatuous drift of a capricious bayonet tyranny. The editor of the Macon Journal and Messenger, Mr. Augustus P. Burr, took the amnesty oath, and published in his issue of July 20, 1865, the oath with the editorial statement, that he had to " fortify himself for the occasion with an extra amount of 'Dutch courage,'" and that after " the performance we 'smiled' and we were fortified in rear and front."
Such badinage should have only elicited laughter or derision. Brig. Gen. C. H. Grosvenor, commanding the post at Macon, took it seriously, and in an order, unparalleled for its travesty of sense and its ridiculous folly, declared Burr's article " a high crime against the United States goverment," and an " open violation of the oath taken by the editor." This extraordinary order proceeded to declare solemnly " the editor is necessarily a bad man-incendiary in his character. His word is worth- less, and his oath not to be trusted." Mr. Burr for his harmless pleas- antry was arrested, his office seized and his paper suppressed. A similar incident occurred in Columbus. A man by the name of Betts, a sports-
316
JUDGE JOHN ERSKINE.
man, jocularly insisted, when taking the oath, that his dog should do the same thing. For this he was arrested and imprisoned in jail some time.
Arrests were made upon the statement of a commissioned officer over his official signature. Judges were appointed by the Generals com- manding districts, by Gen. Steadman at Augusta, and Gen. Washburn at Savannah. It was at this time that Judge John Erskine was appointed, by President Johnson, Judge of the United States district court, an appointment that he has held up to the present time, filling the bench with ability, kindness and dignity. With a large power to oppress the people, having questions to handle full of grave responsi- bility and bearing directly upon our prejudices, oftentimes burdened with duties odious to the people and disagreeable to our citizens, Judge Erskine has so deported himself as to win the respect and the confi- dence of men opposed to his political views in a long period of unprece- dented political rancor and personal proscription.
An incident that attracted much attention at the time was an order from Brig. Gen. Wilde, assistant commissioner of the Freedmen's Bureau, to Mrs. Gen. Robert Toombs to vacate her home with only two weeks' provisions, as the premises were "abandoned property," to be taken and applied to the uses of the Freedmen's Bureau. Gen. Stead- man, a humane and gentlemanly officer, revoked the cruel order and reinstated Mrs. Toombs. Thus were the liberties and property of the people made the shuttlecocks of men's caprices, and law and right quivered upon the shifting will of petty, irresponsible military despots in every county. It is little to be wondered, that a man so sagacious and practical as Gov. Brown, should have seen in the prompt acceptance of disagrecable stipulations, that could not be resisted, the escape from a condition of things abhorrent to every lover of law and liberty.
On the 7th day of August, 1865, Gov. James Johnson issued his proclamation that Ordinaries could administer the oath of amnesty, and that civil officers who had taken the amnesty, and were not excepted, could resume their official functions. Gov. Brown received his pardon in the middle of September, 1865. The " Federal Union," commenting upon the matter, used this prophetic language:
"Gov. Brown is now at liberty to devote his great mind and unsurpassed energies to the restoration of his beloved State to the rights and dignity of a sovereign State of the Union, and we feel well assured he will do all in his power to make her pathway smooth and her passage expeditions. Gov. Brown accepts the terms of reconstruction, and will take hold of the situation in downright earnest. He is not the man to stand idly by
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347
THE CONSTITUTIONAL CONVENTION OF 1865.
while there is such important work to do. We expect, therefore, to see him among the foremost in shaping our new destiny as a commonwealth."
It was a striking demonstration of Gov. Brown's popularity, that as soon as his pardon was announced, the papers began to teem with articles urging his candidacy for Governor again. He was resolved, however, not to permit the use of his name. His houses on his farm in Cherokee county had been burned down, so that he could not go there to live. In December, 1865, he moved to Atlanta, where he has resided since, and where he was to experience the most dramatic episodes of a life that had already been startling in its eventfulness.
The convention ordered by Gov. James Johnson, assembled on the 25th day of October, 1865. It was called to order by Gov. Johnson. Judge Iverson L. Harris administered the amnesty oath. A number of delegates were excepted from amnesty, but President Johnson had gen- erously pardoned them that they might serve. There was a peculiar solemnity and import in the convening of this body. By the rude hand of war the State had been remitted to chaos and disorganization. Ordinarily the momentous autonomy of governments grow from incon- siderable beginnings by steps of organized accretion, until they swell to the full-fledged dignity of august sovereign States. Here we had a great commonwealth of a million of people with a long and illustrious history, resolved by the crushing and brutal force of war into a tyran- nous anarchy, and seeking the rehabilitation of its bloody and shattered nationality. It was an impressive and grave spectacle, and a tragic experience for the proud State. It was the regeneration of a grand republic. It was more-it was the imperial resurrection of the dead spirit of august popular sovereignty. The reconstruction of no State of the Confederacy was looked to with the same interest that invested Georgia. More instrumental in the inception of the storm, more pow- erful in its conduct, more devastated by its ravages, Georgia, in the res- toration period, was regarded with a deeper interest, and filled a more influential and exalted role than any of her sister States.
Ex-Gov. Herschell V. Johnson was elected president, and James D. Waddell secretary, of this important convention. Among the leading delegates was Augustus H. Kenan, J. R. Parrott, afterwards president of the convention of 1867-8; Judge C. B. Cole, T. G. Holt, now Judge of the City Court of Macon; Thomas E. Lloyd, E. C. Anderson, Solomon Cohen, W. F. Wright, John C. Nichols, a Congressman since; David Irwin, Gen. A. J. Hansell, John H. Christy, a noted editor; M. A. Candler, a Congressman since; Morgan Rawls, a Congressman since; N.
348
GOVERNOR JAMES JOHNSON'S SEVERE MESSAGE.
J. Hammond, now a Congressman; J. I. Whittaker, G. W. Adair, Niles W. Lewis, Gen. Eli Warren, C. T. Goode, J. H. Blount, now a Congress- man; Wier Boyd, Phil Cook, now in Congress; E. G. Cabaniss, Joshua Hill, T. P. Saffold, William Luffman, Hines Holt, A. H. Chappell, J. J. Floyd, P. Reynolds, J. D. Matthews, J. A. Blance, J. L. Warren, Chas. J. Jenkins, John P. King, ex-president of the Georgia railroad; George R. Black, now in Congress; J. L. Wimberly, recently Judge of the Supe- rior Court; Gen. M. Bethune, James L. Seward, A. T. McIntire, since in Congress; H. D. MeDaniel, since a State Senator; Judge J. S. Hook, William M. Reese, since Judge; and William A. Harris.
The body was an able one, and patriotic, and conservative. The un- questioned leader of the convention was Judge Charles J. Jenkins, upon whose clear judgment and crystal honesty, the members reposed with an unreserved trust. Gov. James Johnson sent in a message to the conven- tion, a cold, brief document, stating the condition of the commonwealth, and urging certain measures. He said that the cotton purchased by the state had been captured or burned, and the assets held abroad were drawn against, to their full value. The state road was rebuilt by the United States, and turned over to the state, on the 25th of September. The public debt was $20,813,535, of which $2,666, 750 was ante-war se- curities, and $18,135,115 incurred during the war. He advocated the repudiation of the latter, in language harshly condemnatory of the war. He declared all who participated in the effort to sever the country, vio- lators of law, and the overthrow of the Confederate cause an extinction of the unconstitutional debt. His words were very acrimonious, and the temper of this curt message, so unsympathetic and biting, as to have placed him unpopularly with the people.
The convention continued in session until the Sth day of November, 1865. It repealed the ordinance of secession, repudiated the war debt, and abolished slavery. A new constitution was adopted. The state was divided into seven Congressional, and forty-four Senatorial Dis- tricts. Perhaps no action of the convention excited a deeper feeling than the repudiation of the war debt. The matter had been animatedly discussed long before the convention, and the people were against it. But when both Mr. Seward and President Johnson telegraphed that the extinction of the debt was necessary to the restoration to the Union, the repudiation was reluctantly done, and eighteen millions of liability was wiped out at one stroke, upon the behest of Federal power. It is a valuable historie fact, in connection with this unwilling and com- pulsory repudiation, and an honorable tribute to the Convention, that
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1
349
THADDEUS G. HOLT, JR.
Gov. James Johnson telegraphed to President Johnson these significant words, " We need some aid to reject the war debt." Two members of the convention, Col. A. T. MeIntire of Thomas, and one other, voted against the measure anyhow.
Among the more notable acts of the convention was the passage of an address, asking amnesty for our disfranchised citizens. Hon. Thad- deus G. Holt, of Macon, was the author, he being the chairman of the committee appointed for the purpose, consisting of T. G. Holt, Jr., M. A. Candler, C. T. Goode, J. I. Whitaker and G. R. Black. This ex- quisite memorial deserves reproduction, alike for the beauty of its sen- timent and diction as for the tribute it paid to our people.
" HIS EXCELLENCY, ANDREW JOHNSON, PRESIDENT UNITED STATES :
"The people of Georgia, through her delegates in Convention assembled, respectfully and earnestly invoke the exercise of the Executive clemency in behalf of those of our fellow-citizens embraced within the exceptions to the late Amnesty Proclamation, who may as yet remain unpardoned.
" Including, as the vast roll of her disfranchised citizens does, many of her finest intellects and purest patriots, and involving much of her available wealth, the Conven- tion of our State respectfully recommend these men to your magnanimous clemency, as our needed coadjutors in the mighty task of re-organization, and as worthy subjects of your most generous kindness.
"The Convention pledges their future fidelity to the government of the United States. The very tenacity of their devotion to the South in the late struggle, the very heroism and magnitude of their efforts in an unsuccessful cause, and the very chiv- alry of their characters, as evinced in the trying vicissitudes of a gigantic war, will be your best guarantee of the virtue of their resignation to the result, and of the sincerity of their allegiance to a government which disarms them by its magnanimity, enchains their gratitude by its kindness, and punishes them only with its clement pardon.
" Believe us, sir, there is no looking back. The State of Georgia is prepared to do her whole duty in and to the government, and she now asks for the restitution to her control and use of her entire citizens, for whose integrity and loyalty she gives yon her most solemn pledge, in order that they may assist her to work out from her travail and desolation the high destiny she still trusts is in store for her and them, under a government that has just emerged unharmed from the most desperate convulsion of the world's history, and whose tremendous power will be infinitely strengthened by its immeasurable benignity."
Captain, now Judge Holt, the author of this fine paper, had been one of our most gallant cavalry officers, and was the scion of that large family of Holts whose name is an honored and powerful one in Georgia annals.
The convention provided for an election of state officers and congress- men on the 15th of November, 1865. It changed the appointment of judicial officers by the Governor, with the consent of the Senate, to the election of Supreme Court Judges by the Legislature, and of Superior
350
WHAT BECAME OF GEORGIA'S WAR COTTON.
Court Judges by the people of their respective districts. An important matter investigated was the disposition of the cotton bought by Gov. Brown for the state during the war. There has at various times been some attempt to reflect upon Gov. Brown in connection with this cotton by those unacquainted with the facts. The records of this con- vention and of the Legislature of 1865-6 show every bale of cotton and every dollar of money realized from the sale of cotton properly accounted for. A committee consisting of Thomas P. Saffold, Chas. S. Jordan, Sr., and O. A. Lochrane, investigated the subject of the state's financial transactions during the war, for three months, advertis- ing for and exhausting every source of information. This committee fully exonerated every one of the state officials from any suspicion of wrong doing.
Gov. Brown bought 6,432 bales of cotton for the state under act of 1864, for $1,500,000. Of this 382 bales were Sea Island cotton. The disposition of this cotton was as follows:
Exported safely Upland, .
1,556}
Lost at sea,
58
Sold to Confederate Government,
282}
Used to pay freight on imports,
361
Sold to Mr. Brigham,
926
Burnt,
2,642
Captured, .
223
Sea Island, bnrut,
202
Sea Island, captured,
82
Exchanged and lost by owner, .
96
6,432
There was also bought 215 boxes of tobacco, which was shipped to Wilmington, and taken possession of by Gen. Johnston's army at Tim- monsville. Vouchers, receipts and drafts covering every dollar of the money in Europe and Nassau were shown by Gov. Brown, and the com- mittee make this sweeping and unanimous statement:
" Our conclusion is, after the most rigid serntiny into the public and private affairs of these officers, from Gov. Brown down, that not one of these rumors has been sustained by the slightest proof. Instead of fortunes having been made by them, we have found them generally poorer than when they went into office."
This is the solemn official record upon this matter, that has stood from that day to this unrefuted and irrefutable, demonstrating a matchless integrity in vast transactions where the control was almost unlimited. The enormous sum of eighteen millions of dollars was disbursed during the four years by the same set of officers, under the distractions aud
HON. THOMAS HARDEMAN,
SPEAKER OF THE GEORGIA HOUSE OF REPRESENTATIVES.
CHARLES J. JENKINS ELECTED GOVERNOR. 351
temptations of the changeful drama of war and subjugation, yet so per- fectly had the accounts been kept, and so methodically had the huge business been managed, that after three months searching examination, a committee of able and unimpeachable gentlemen were able to say, after tracing every dollar, that these great duties had been discharged "in times of great public trouble with singular ability and official integrity." This is a grand tribute to Gov. Brown's administration, and a fitting climax of Georgia's resplendent war record.
Gov. Brown, having unconditionally declined to allow the use of his name for Governor, the universal thought turned to Judge Jenkins. Gov. Brown, on the 30th of October, 1865, voicing the public desire, ad- dressed Judge Jenkins requesting him to permit the presentation of his name to the people for. Executive responsibility. Messrs J. P. King, A. H. Kenan, R. A. T. Ridley, Wilson Lumpkin, Asbury Hull, E. A. Nisbet, Washington Poe, Wm. C. Redding and others urged the can- didacy. Judge Jenkins replied on the 2d of November, 1865, in a let- ter that is a model of good taste, elegant rhetoric and high sentiment. The following expressions deserve preservation:
" An honest and intelligent review of our past half century convicts us of two egregious errors ; too great proneness to agitation, and too much division among our- selves. If my fellow-citizens detect in me aught of vindictiveness for past divisions, or of proscription for honest opinion's sake, let them all proscribe me."
There was no opposition, and Judge Jenkins was elected Governor by the unanimous vote of the people, receiving 32,200 votes, a proud and crowning tribute to this distinguished Georgian. The following gen- tlemen were elected to Congress, but were never seated. 1st District, Solomon Cohen; 2d District, Phil Cook; 3d District, Hugh Buchanan; 4th District, E. G. Cabaniss; 5th District, James D. Mathews; 6th Dis- trict, J. H. Christy; 7th District, W. T. Wofford.
The legislature assembled on the 4th day of December, 1865. Wil- liam Gibson was elected President of the Senate, and Thomas Harde- man, Jr., Speaker of the House. Among the leading Senators were George S. Owens of Savannah, David E. Butler, Dr. H. R. Casey, and J. A. W. Johnson, of Dalton, an eloquent criminal lawyer of North Georgia. Mr. Butler and Col. Johnson are both living, and are among the most effective publie speakers we have in Georgia. Among the leading representatives were Jenks Jones, ex-Congressman, Gen. G. P. Harrison, Philip M. Russell, R. L. MeWhorter, C. W. DaBose, T. B. Cabaniss, J. M. Russell, Thos. G. Lawson, now Judge, George Barnes, now Georgia member of the National Democratie Executive Committee,
ยท
352
GOVERNOR CHARLES J. JENKINS INAUGURATED.
C. Snead, now Judge of the Augusta Circuit, J. D. Stewart, now Judge Flint Circuit, E. H. Pottle, Judge Northern Circuit, Hon. Thomas O. Wicker, and Col. R. J. Moses.
Gov. Johnson's message was a plain, brief document, mainly urging the ratification of the 14th amendment to the United States Constitu- tion abolishing slavery. On the 6th of December, 1865, a legislative committee notified Gov. Jenkins of his election, and asked him to ap- point a time to be inaugurated. Gov. Jenkins replied, stating that he had received the following communication:
" EXECUTIVE OFFICE, MILLEDGEVILLE, Dec. 4, 1865. " HON. C. J. JENKINS :
" Dear Sir: In the discharge of an official duty I beg leave to inform you that I have been directed by the President of the United States to continue to aet as Provisional Governor of the State of Georgia, until relieved, and my successor recognized by the Government. Your obedient servant, J. JOHNSON,
Prov. Gov. of Georgia."
Gov. Jenkins designated the 16th of January, 1866, for his inaugura- tion, provided by that time he should be recognized by the United States government. The legislature immediately ratified the thirteenth amendment abolishing slavery. A law was also passed allowing Freed- men to testify in the courts. This was advanced action of Georgia on the negro question, and was an indication of the liberal spirit that gov- erned our people. On the 11th of December, 1865, President Johnson telegraphed to Gov. Johnson:
" The Governor elect will be inaugurated, which will not interfere with you as Pro- visional Governor. You will receive instructions in a few days in regard to being re- lieved as Provisional Governor. Why can't you be elected as Senator ?"
On the 14th of December, 1865, the variegated drama of reconstruc- tion furnished the gladdening act of the inauguration of our noble Jenkins as Governor. It was a grateful spectacle for the State, and yet it was marked by most unpropitions surroundings. The day was cold, raw and rainy, and there was lacking the usual display of beauty. It seemed as if nature was giving token that the episode was a temporary and ineffectual part of the tragic comedy of reconstruction. Gov. Jenkins' inaugural was a very fine paper, eloquent, ornate, stately, carn- est, statesmanlike. There was a singular felicity of language and idea in its strong and polished sentences. It breathed a spirit that every patriot could endorse. It contains some striking paragraphs. Said this masterly address:
" Five years since reason abandoned and the sword assumed the arbitrament. We open not that record of violence ; would that we coul I stamp it with the seal of oblivion.
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