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. 2 > Part 20
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Gov. Colquitt gazed aghast at the situation, and realized, though not fully, for no man could anticipate it, the storm that was brewing. It was an extraordinary time. The hunger for place was exaggerated by long deprivation and men's really stern needs. With Gov. Colquitt's election by such an unheard-of majority, it looked as if the political millenium had come to his necessitous supporters. Men seemed to
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539
GOVERNOR COLQUITT AND THE DISAPPOINTED,
think that the offices were ample for any demand. Hundreds applied, designating no office, but asking for some place, and leaving it to the Governor's discrimination to select one that would suit their respective qualities. There can be no more pathetic and suggestive reading than this vast collection of letters filed in the Executive Department, and a hundred years from now the curious delver of that day into the official records of this time, will read in the plaintive story of these multitudi- nous applications, the most eloquent portrayal of a State's impoverish- ment, and of the cruel visitation of implacable enmity that came upon the Executive, whose offending was that he did not have an office for every worthy applicant.
Gov. Colquitt was inaugurated on the 12th day of January, 1877. His chaste and eloquent inaugural concluded in these exquisite words:
"Our work is before us, gentlemen, and a grand achievement is within our grasp. That work is the restoration of a vast heritage, which a sad fortune has sorely wasted and damaged. It is to evoke a thousand splendid resources, now unutilized. It is to maintain the proudest and noblest traditions-an honor unsullied-the status of as worthy and respectable a constituency as exists, and its position by the side of the most advanced of commonwealths. This labor, vast as it is, exacts no impossible thing at our hands. With the blessings of Heaven, and the agencies of clear heads and pure hearts, it may be accomplished.
" Again solemnly invoking the Divine aid upon our efforts to serve our beloved State, I now take the oath of office."
Ile immediately made his appointments, and the mutterings of the public thunder began. There was no delay in the gathering of the storm. No human power could parallel the miracle of the loaves and fishes, and make thirty offices embrace 3,000 people. There were 2,970 disappointed men; they were scattered over the State; they were the best citizens, influential and active, and they made a nucleus of hostility that from that day to this has growled at and battered the Executive, heading an implacable opposition to Gov. Colquitt, and making his ad- ministration, perhaps, the most turbulent of the century. No Executive in the annals of the State has had such an unremitting and virulent crusade of assault as Gov. Colquitt.
He differed from Gov. Brown, and from his great father, Walter T. Colquitt, in this, that while they made aggressive battle, he fought with an invincible defensiveness. In all the fierce warfare kept up incessantly against Gov. Colquitt and his administration, with his assailants striking fiercely not only his public acts, but malignantly seeking to besmirch his personal honor and honesty, to the eternal credit of his resolute religious firmness be it said, that he never
540
THE NORTHI-EASTERN BOND CALUMNY.
attempted to retaliate a slander or inflict an injury. Unyielding, and set immovably against his foes, he never touched them to wound, but with a heroism of patience, as unusual as it was lofty, he was satisfied to win the triumph of his reputation from the overwhelming verdict of the people, leaving his enemies to public opinion, and unscathed by the malice they deserved.
It will be a noble figure in Georgia history, this comely Christian Governor striking down the hot calumnies against his private and public fame, without having sullied his victory by the indulgence of even a justifiable resentment against his slanderers. The figure will grow brighter with time. A more unsparing temper, and a campaign of recrimination, might have saved him from many an attack provoked by his moderation, but it could not have added one particle to his com- plete victory.
The act of Gov. Colquitt's administration that was most unscrupu- lously used against him, was the endorsement of the bonds of the North-eastern Railroad for $260,000, or $6,500 per mile for forty miles. The matter was investigated fully in every possible light for weeks by a legislative committee, and not only sworn legal evidence taken, but even rumors sifted under oath. It constitutes one of the most extraor- dinary episodes of either individual or public record. That so flimsy a pretext should be made the basis of so grave a calumny and so extended an official inquiry, is something anomalous, and savors of the farcical. The occurrence illustrates how an unreal thing can be exag- gerated and falsified by a whispering malice into such proportions that honest human character totters in the balance, and a great State becomes the grand inquest to puncture the aspersion. It shows further, how an act done under the purest considerations of private conscience and public duty can be perverted into wrong under an ingenious hostility.
The aid of the State was pledged to this road in 1870. In 1874, State aid generally was repealed except where vested. The same legislature of 1874, by resolution, excepted this road from the general repeal. Gov. Smith appointed J. H. Powers, J. A. Grant and C. B. Wallace to inspect the road for State aid, and they reported favorably January 9, 1877, a few days before Gov. Colquitt's inauguration. Gov. Colquitt treated the matter very carefully. He advised its submission to the courts. The Supreme Court decided that it had no jurisdiction in the case, and referred the matter back to the Governor.
The Governor finally granted the aid to save the road from being sold
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THE LEGISLATURE OF 1878.
under an indebtedness of some $237,632.97, incurred upon the faith of the State, that the State's endorsement would be given when the condi- tions of the law were complied with. The Atlanta Rolling mill and Citi- zen's Bank had large interest in the decision, the Rolling mill having furnished iron for the road, and the bank backing the mill. Mr. J. W. Murphy, the Treasurer's clerk, was employed by the Rolling mill to get up the statements of leading members of the legislature of 1874 to show that the intention was to except the North Eastern railroad from the operation of State aid. Hon. B. H. Hill was also employed by the Rolling mill to secure the endorsement. The subject created a pro- found interest. Of the legislature of 1874, A. O. Bacon, Speaker, L. N. Trammell, President, T. J. Simmons, Chairman Finance Committee, Geo. A. Mercer, Geo. F. Pierce, Jr., Chairman Judiciary Committee, H. D. McDaniel, and also Gen. Toombs, Gen. A. R. Lawton and ex- Gov. Jos. E. Brown favored the endorsement.
Mr. Goodnow, general manager of the Schofield rolling mill, wrote a private letter expressing the intimation that Gov. Colquitt had yielded to improper considerations in granting the aid, and the air became filled with the painful rumors that the Executive had participated in Mr. Murphy's fee. That so incredible a calumny should find a lodgment in the public mind was indeed a shock to Gov. Colquitt, and he met it with indignant spirit.
. The legislature of 1878 met November 6, 1878. It proved to be a session of extraordinary work that this body held. Hon. R. E. Lester was elected President of the Senate, and Hon. A. O. Bacon, Speaker of the House. Among the Senators were D. A. Russell, E. C. Bower, John T. Clark, Wm. Harrison, J. M. Hudson, J. C. Clements, Jos. B. Cumming, J. A. Stephens, C. W. Du Bose, T. B. Cabaniss, T. W. Grimes, H. D. McDaniel, J. A. Speer, J. W. Preston, H. R. Casey, S. W. Lumpkin, A. D. Candler, E. P. Howell, A. W. Holcombe, S. Grant- land, C. J. Wellborn, J. C. Fain, Saml. Hawkins. This Senate was a very strong one, and had in it some gentlemen of superior ability and decision.
Mr. McDaniel is in the present Senate. A sound thinker, a clear speaker, having a well-balanced temper and judgment, direct and honest, winning universal respect by his dignity and sincerity, Mr. McDaniel has been a most potential member of the legislature, always carrying great weight. It has been a striking evidence of the large influence he has exercised, that a considerable impediment in his speech has been no barrier to the exalted appreciation of him entertained by the General
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342
THE HOUSE OF REPRESENTATIVES OF 1878.
Assembly and the public. Men in listening to his strong, sensible views so clearly expressed, forget entirely the manner of their utterance. Mr. J. W. Preston was a marked Senator in this body. A very ready, extemporaneous speaker, earnest and faithful to his convictions, Mr. Preston was a recognized leader. Perhaps, the most polished debater in the Senate was Major J. B. Cumming. There is a peculiarly musical tone in his delivery, and he has a diction chaste and ornate. Mr. A. I). Candler was a forcible debater, always speaking with an emphasis and directness that insured attention and gave him weight. Mr. Clements is now a member of Congress, and was a modest, solid Senator then, a practical, clear-headed, positive legislator, who enjoyed universal respect. Mr. T. B. Cabaniss held an excellent position and spoke well. A fine debater was Judge John T. Clarke, a model of logical argument. T. W. Grimes was a young Senator, blending singularly a fine courtesy with an uncommon decisiveness of character and independence of con- viction. Col. J. C. Fain is now judge of the Cherokee circuit, and had an exceptional power of management. Capt. E. P. Howell was the very essence of a practical, common sense, animated by an exceedingly rich humor, and grappling all questions and measures with force and an unvarying success. All of these men will impress themselves on the future of the State.
The House, also, had some notable and promising characters. Among these were A. O. Bacon, T. W. Milner, R. A. Nisbet, H. G. Turner, A: H. Gray, A. P. Adams, W. HI. Hulsey, P. L. Mynatt, W. R. Rankin, Allen Fort, N. L. Hutchins, J. E. Redwine, W. J. Northern, R. L. Mc Whorter, A. L. Miller, J. H. Polhill, H. C. Roney, Reese Crawford, L. F. Garrard, L. F. Anderson, James M. Smith, H. G. Wright, John I. Hall, J. C. Maund, Wm. M. Hammond, A. H. Cox, J. F. Awtry, J. A. R. Hanks and F. H. Colley. Col. II. G. Turner is now a member of Con- gress, and was the leader of the House. His utterances commanded a remarkable attention. Having little oratorical grace, speaking without fervor and very plainly, and often too low for hearing, yet members always showed an undisguised eagerness to hear what he had to say, and his position on any measure generally decided its fate. His legis- lative career was a singular demonstration of personal influence. He was rather under-sized, stoutish, with a large, expansive forehead run- ning to baldness, lit up by dark eyes, and he was very quiet, grave and , polite in his simple manners.
W. M. Hammond ranked very high. His fine face denoted intelli- gence and culture. A Carolinian by birth, and a member of the gifted
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343
THE PERSONELLE OF THE GENERAL ASSEMBLY OF 1878.
Hammond blood of that State, he has, in Georgia, taken the high posi- tion due to his strong and cultured intellect, graceful courtesy and eloquent speaking power. Mr. J. H. Polhill was a recognized leader, a lawyer of ability, and a person of integrity and convictions. One of the most marked men in the body, and possessing some exceptional qualities, was A. L. Miller. A slender, clear-faced gentleman, with searching, coal-black eyes, he had as much power on the floor as any member in the House. There was no more successful debater. His talks could hardly be called speeches, but were rather keen thrusts and incisive statements, cutting to the quick the weak points of the opposi- tion, and presenting plainly the practical ones of his own side. He was inimitable in defending an assaulted report of the finance committee, of which he generally took the lead. Mr. Miller made a hobby of economy, and rather ran it to extremes. A ready parliamentarian, he shrewdly anticipated defeat by some adroit concession that secured him a modi- fied victory. Mr. L. F. Garrard was one of the brightest and most active members, generally uniting his energies with Mr. Miller. He originated several large public financial measures, and he had an unwearied zeal and tact in getting them through. Bold, combative and ready, Mr. Garrard took an unusual stand for a new and young legislator.
A marked young member also was Arthur H. Gray, whose frankness is a refreshing and uncommon quality in a day of political hypocrisy. H. G. Wright was witty and popular. Perhaps the most original char- acter in the House was John C. Maund, a man of peculiar jest and quaintly practical. His hard sense was flavored with an unctuous and perennial humor. One of the brilliant young members was A. H. Cox, a natural orator and legislator. His ringing voice penetrated the House more resonantly than any one, and his clear tones never carried a weak utterance. No man commanded a more attentive hearing than Mr. Cox. Col. P. L. Mynatt was a most useful and influential legislator. A very gifted young representative was A. P. Adams, eloquent, argu- mentative, the master of a compact logic. James M. Smith of Ogle- thorpe county, was a progressive, successful farmer of large operations, . entirely at home on the legislative floor. W. H. Hulsey was a gallant officer in the war, was made Mayor of Atlanta soon after, and was a bright, pleasant, promising young fellow.
The action of this legislature will ever be a memorable chapter of Georgia history. It settled the North Eastern railroad bond calumny upon the Governor. Shocked and indignant at the aspersion, Gov.
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GOVERNOR COLQUITT'S RINGING MESSAGE.
Colquitt met it with the high spirit that belonged to the man, and he sent into the General Assembly the following matchless message, as eloquent, fitting, and sententious a paper as was ever penned:
" EXECUTIVE DEPARTMENT, 1 ATLANTA, GA., November 6, 1878. 5
"To THE GENERAL ASSEMBLY :
" A grievous necessity has been imposed upon me to demand at your hands a thorough investigation of my motives and conduct, as the Executive of Georgia, in placing the State's endorsement upon the bonds of the North-eastern railroad. This necessity has been created by widely circulated slanders and innuendoes, vile and malignant, and so mendacious and wicked as to make all comment and paraphrase upon them utterly futile. Nothing but a thorough sifting of my every motive and act in regard to these bonds, as far as human insight and judgment can reach these, can satisfy aggrieved honor, or give such entire assurance to the people of Georgia, as they have a right to demand in the premises. To a man who values his good name far more than life, it would be an act of supremest injustice to deny the most plenary vindication rendered in the most august and authoritative form known to the laws, or to public opinion. To the people of this great Commonwealth, it is of the last consequence that they should know beyond all peradventure, that the man who fills, at their call, the chief seat of authority, is above reproach or suspicion.
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" Mv denunciations of an awful and stupendous slander, forged and uttered to dishonor me, will not be enough. The General Assembly of this State-a co-ordinate power-is appealed to for that justice which, while it will, I know full well, exonerate me as a man, will also vindicate the fair fame of Georgia, assailed by eruel slanders on her Chief Executive.
ALFRED H. COLQUITT."
This ringing document went over the State carrying like an electric spell the inspiration of its resenting innocence and stern defiance. There was never a more stirring or exquisite expression of a wounded spirit of honor. A joint committee was appointed in conformity with the request of the Governor, to investigate the matter, consisting of A. H. Cox, W. M. Hammond, R. C. Humber, H. G. Wright, John I. Hall, W. J. Northern, Allen Fort and A. H. Gray of the House, and J. W. Preston, J. F. Troutman, HI. R. Casey, J. P. Tison and Saml. Hawkins of the Senate.
The investigation continued, and the committee reported on the 12th day of December, 1878. During the inquiry there were many inci- dents, to keep the public sense excited. A personal difficulty nearly occurred between Maj. J. W. Murphy and Hon. B. W. Hill, and a suit was started between them about the fee paid by the Rolling mill. It was a painful ordeal for a proud man like Gov. Colquitt, to thus have his private integrity and official honor under investigation. But such is the disagreeable accompaniment of public trust. Gov. Colquitt's conduct in this unspeakable trial was perfect. He stood serene,
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545
THE NORTH-EASTERN BOND SLANDER.
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patient, unirritated, acting with a noble christian dignity that endeared him to the public esteem. The majority of the committee thus re- ported:
" In the opinion of this committee, the reports and rumors that connect the name of the Governor with any improper conduct in the matter of the endorsement of the bonds of the North eastern Railroad Company, are vile and malignant slanders."
The minority of the committee, Wm. M. Hammond and R. C. Hum- ber, thus reported:
" We brand as a libel the insinuation that the determination of Governor Colquitt to endorse the bonds was induced by any sinister influence or unworthy motive."
The committee was unanimous and emphatic in vindicating the Gov- ernor, but divided upon the question of approving the action of Maj. J. W. Murphy in taking a fee in the matter. The majority of the com- mittee exonerated Mr. Murphy. The minority declared it an abuse for any government employés to receive rewards in consideration of in- fluencing or attempting to influence the official conduct of any officers of the government.
The reports being made on the 12th of December, 1878, and the legislature adjourning on the 13th, there was not time for an examina- tion by the body of the voluminous evidence. The action on the re- ports was therefore deferred until the summer session. Mr. MeDaniel of the Senate, offered this resolution.
" Resolved, That this General Assembly cannot adjourn, in justice to a co-ordinate branch of the Government, to themselves, and to the State, without placing upon the record an avowal of our undiminished confidence in the integrity and purity of the Gov- ernor of our State."
Mr. Cumming offered the following amendment, which was added, and the resolution passed both branches:
"Resolved, That the postponement by the General Assembly of action on the report of the Investigating Committee, is not to be construed as an expression that its confidence in the character of the Governor, a character exalted by his civil, military and private career, is at all shaken, but such postponement by the General Assembly is simply due to its own appreciation of the proprieties of judicial proceedings, which forbid judgment in any and all cases, before the cases have been heard."
The legislature reassembled July 2d, 1879, and during this session the committee united upon the following, which was adopted by the body as the final conclusive action upon this matter, entirely and formally relieving Gov. Colquitt.
" Your committee, from the want of any evidence sustaining such charges, and from the mass of evidence disproving such charges, report this conclusion : That his Excel- lency deserves, at the hands of the General Assembly, complete vindication on the issues 35
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546
THE INVESTIGATION OF THE COMPTROLLER GENERAL.
made by him, and specified above. Your committee have unanimously concluded that his Excellency did not, in any way, shape or form, participate in the fee received by Mr. John W. Murphy ; that no offer of any such thing was made by any one to his Excel lency ; that said fee did not control his conduct in said endorsement, and that, whether the act of endorsement was legal or illegal, the motives of the Governor were pure."
While this inquiry so signally exonerated the Governor, it seemed as if its effect was to stimulate an epidemic of legislative investigation. A series of inquests was inaugurated. Committees were appointed to look into the Comptroller General's office, the Treasury, the Department of Agriculture, the State School Commissioner's office, the penitentiary system, the public printer and the Secretary-of-State's office. It was a general nosing for wrong. The Legislature put itself upon a prowling recognizance for dark deeds in the various departments. In the wild land office of the comptroller's department there had been for a year or two public mutterings of mismanagement and dissatisfaction. And a committee had spent weeks looking into the trouble. It found much cause of complaint, and a majority of the committee, D. A. Russell, P. D. Davis, L. Strickland and J. C. Maund, recommended that all sales of wild land under transferred fi. fas., be declared null and void. Mr. A. D. Candler made a minority report dissenting from this recommendation. Upon the heels of these reports, Mr. P. D. Davis and. L. Strickland startled the Legislature by the declaration, that Mr. H. P. Wright had sought to induce them by bribery to sign a paper prepared by the Comptroller General, making some modifications in their reports.
It would be difficult to convey the excitement created by this dis- closure. The wild land committee made a supplemental report, recom- mending that articles of impeachment be preferred against Col. W. I .. Goldsmith, the comptroller. A committee of thirteen, C. D. Phillips, R. L. Mc Whorter, B. M. Davis, G. R. Sibley, R. A. Cannon, W. J. Pike, A. C. Westbrook, W. T. Irvine, J. A. R. Hanks, A. M. Du Dose and F. H. Colley, was appointed to investigate the facts, and recommend action. The first eight reported articles of impeachment, and the last four dis- sented from the recommendation. Resolutions for impeachment were passed. A committee of C. D. Phillips, R. L. Me Whorter, B. M. Davis, G. R. Sibley, R. H. Cannon, A. C. Westbrook and W. T. Irvine was appointed to notify the Senate. An election for managers of the impeachment was held on the 6th day of August, 1879, and the follow- ing gentlemen were elected: H. G. Turner, W. M. Hammond, C. D. Phillips, B. M. Davis, J. H. Polhill, W. J. Pike and A. P. Adams.
On the 16th of August, 1879, the managers presented articles of
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547
THE IMPEACHMENT OF J. W. GOLDSMITH.
impeachment before the Senate, the Hon. II. G. Turner having been chosen the chief manager. Mr. Goldsmith was charged with illegally receiving $4,582.50 as costs on tax executions; illegally issuing eight tax executions; extorting illegal costs; illegally refusing to receive tax : illegally issuing and transferring 228 wild land executions; illegally paying out §8,179.43 of the public money without authority; illegally ordering sheriff's to pay tax money in excess to owners; illegally retain- ing $11,193.17 of public money; making false returns of $2,363.61 of public money; illegally retaining $9,720.40 of insurance taxes and fees; . fraudulently altering the wild land records; making false returns of . $6,134.45 of insurance tax; attempting bribery; and for lucre establishing a disgraceful precedent.
On the 21st day of August, 1879, the Senate organized as a High Court of Impeachment, with Hiram Warner, Chief Justice of the Supreme Bench, as the presiding officer of the court. The Senate cham- ber and galleries were packed with people to witness these novel procced- ings. Several Senators asked ,to be excused from voting, Mr. Mc- Daniel on account of relationship; D. A. Russell and A. D. Candler because they had been on the committee of investigation; Mr. Speer on account of ill health; and J. P. Turner because he had transferred some of the wild lands fi. fas. But the Senate did not excuse them. Mr. Goldsmith was allowed until September 1st, 1879, to prepare his answer, which denied the jurisdiction of the Senate, alleged that the matters charged did not constitute an offence, and declared his innocence. The counsel of Mr. Goldsmith were Judge J. L. Hopkins, Col. Milton A. Candler, Capt. Harry Jackson, and W. S. Thompson.
It was generally regarded that the defense made a mistake in filing pleas to the jurisdiction, and to the sufficiency of the articles. All tech- nical resistance should have been foregone and the issue met squarely upon its merits. The argument on these dilatory pleas was made by Col. Candler and Judge Hopkins, for Mr. Goldsmith, and W. M. Ham- mond and A. P. Adams, for the prosecution, and was very able and exhaustive. The pleas were unanimously over-ruled. The defense made another mistake in objecting to testimony covering conduct during Mr. Goldsmith's first term, on the ground that the articles of impeach- ment failed to designate him as a former comptroller. This objection was over-ruled, and had an injurious effect in showing a disposition to cut off the examination of charges on their merits. Nearly a week was consumed in this profitless sort of skirmishing. The vote had to be taken by ballot separately on each article, and consumed a deal of time.
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