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 3
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" Forbidden to pay money out of the treasury except upon warrant of the Governor and sanction of the Comptroller General, and having entered into heavy bonds for the faithful performance of the duties so prescribed." .
Gen. Pope took no action upon the matter, but left it for Gen. Meade's attention. On the 7th of January, 1868, Gen. Meade addressed a letter to Gov. Jenkins as Provisional Governor, and requested him to draw his warrant on the Treasury for the $40,000. He urged, that this was . " an appropriation made by law," and Gov. Jenkins could therefore do it, and attention was called to the precedent of the Constitutional conven- tion of 1865. Requesting Gov. Jenkins to show the letter to the Comp- troller General, Gen. Meade thus concluded:
" Hoping that in the performance of the difficult and embarrassing duties now devolved upon me, I may have the co-operation and assistance of the Executive Depart- ment of Georgia, I am most respectfully, &c."
Gov. Jenkins' response was a model of classic heroism. Through its high-bred courtesy ran a veiled vein of sharp satire and unflinching defiance. There was no concession in it. The convention, he argued, was called under a Federal law that prescribed tax to raise funds to pay the body. This fund did not come under the purview of the constitu- tions of Georgia or of the United States, which he had sworn to obey, and he added with a flavorous sarcasm:
"I have a serene consciousness that in declining to obey the behest of the convention, and to comply with your courteous request, I but pay a dutiful homage to both constitutions."
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379
GOVERNOR JENKINS REMOVED FROM HIS OFFICE.
Gov. Jenkins discussed the Reconstruction acts with reference to this point, and put his view with another whiff of subtle irony thus:
" I can find nothing which, in the remotest degree, authorizes the construction that they intend to saddle the Treasury of Georgia with the cost of their novel enterprise."
Continuing in the same satirical humor Gov. Jenkins said, that he was unable to find any duty devolved upon him in the " multiplied recon- struction acts " except "not to obstruct " them, which was a negative duty, and he grimly added:
"Believe me, General, in my official position, compliance with your request would involve a tremendous activity, nay, even the abandonment of previously imposed duty."
With the statement that the State's money could not pay the conven- tion and at the same time the regular burdens of government, Gov. Jenkins respectfully declined Gen. Meade's request. The letter of Gov. Jenkins bore date the 10th of December, 1867. On the 13th, Gen. Meade, in a short but polite note, informed Gov. Jenkins that he removed him from his office, viewing his refusal to pay this money, and also, his refusal to pay the salary of M. S. Bigby, Solicitor General of the Tallapoosa circuit, appointed by Gen. Pope, as obstructions of the reconstruction laws. Treasurer Jones was also removed.
Brev. Brig. Gen. Thomas H. Ruger was " detailed for duty" as Gov- ernor of Georgia, and Brev. Capt. Charles F. Rockwell, Treasurer of Georgia. On the 17th of January, 1868, the Comptroller General, John T. Burns, was removed and Capt. Charles Wheaton " detailed for duty " in his place. These are the words used to fill these great offices. The order in regard to the Executive is given in full, as a document that will read in the far distant future, when the memory of the war is a dim tradition, as a rare curiosity of military politics:
" HEADQUARTERS THIRD MILITARY DISTRICT, Dept. of Ga., Ala. and Fla. ATLANTA, Ga., Jan. 13, 1868. )
" General Order No. 8 :
"I. Charles J. Jenkins, Provisional Governor, and John Jones, Provisional Treasurer of the State of Georgia, having declined to respect the instructions of, and failed to co-operate with the Major General commanding the Third Military District, are hereby removed from office.
"II. By virtue of the authority granted by the Supplementary Reconstruction Act of Congress, passed July 19th, 1867, the following named officers are detailed for duty in the District of Georgia : Brevet Brigadier General Thomas H. Ruger, Colonel 33d Infantry, to be Governor of the State of Georgia ; Brevet Captain Charles F. Rock- well, Ordnance Corps, U. S. Army, to be Treasurer of the State of Georgia.
"III. The above named officers will proceed without delay to Milledgeville, Georgia, and enter upon the discharge of the duties devolving upon them, subject to instructions from these Head-quarters. By order of GENERAL MEADE. [Official :]
R. C. DRUM, Assistant Adjutant General " GEORGE K. SANDERSON, Capt. and Act. Asst. Adjt. Gen."
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380
THE MODERATION OF OUR MILITARY RULERS.
Reverting to those unhinged times, one wonders at the moderation of tyranny that accompanied the unlimited despotism in the grasp of these lucky soldiers, invested as if by enchantment with supreme power. To their credit be it said that generally they wielded their authority with respect for old usages and established rights. And where they broke over the conventional forms, they did so under the soldiers' spirit of obedience to orders. They were directed to enforce the Reconstruction measures and they did it to the letter. General Hancock was the ex- ception in one splendid respect. He had ideas of civil law and liberty and a rare conception of constitutional principles and of the spirit of true republican government. In the coming future his renown as a soldier, great as that is, will pale before the resplendent radiance of his fame as the champion of regulated civil right.
CHAPTER XXXVI.
THE FEVERISH MARCH OF EVENTS IN 1868.
Startling Incidents .- Officers Removed .-- Gov. Jenkins' Suit .- Relief .- The Union League .- The Ku Klux Klan .- Twin Excrescences of Reconstruction .- R. B. Bul- lock Nominated .- Democratic Committee .- Judge A. Reese .- Judge D. Irwin .-- Gen. J. B. Gordon .- Gov. Brown's Frightful Ostracism .- E. Hulburt .-- Sharp and Quick .- Bullock counted in Governor .- Gov. Brown at Chicago .- The Killing of Ashburn .- The Trial of the Columbus Prisoners .- Gov. Brown's Connection with the Case Fairly Stated .- A Bitter Legacy of Censure .- The Champion of Civil Supremacy .- Gov. Brown's Speech at Atlanta .-- The Charge of Inciting the Negroes to Incendiarism .- The Language Used .- An Admonition against Trouble. -The State Democratic Convention .- Its Personelle .- The Electoral Ticket .- Gen. Gordon .- Judge J. T. Clarke .- A. O. Bacon .- J. B. Cumming .- W. O. Tug- gle .- Democratie Mass Meeting .- Splendid Invective of Toombs, Cobb, Hill and Moses .- The Famous Bush Arbor Speeches .- The Fury and the Virtue of that Day .- Tempests of Human Passion.
STARTLING and revolutionary events succeeded each other swiftly. Men ceased to be surprised at anything, and continued to blaze with an increasing indignation. No attempt was made to conciliate our masters. Exasperated and defiant, the South growled and fought like a wounded and unconquerable lion. The soldiers were denounced, the convention lampooned, the Federal authorities defied, and reconstruc- tion and its advocates spurned, insulted and hated. The people boldly resisted reconstruction, and Gen. Meade firmly enforced it. Col. N. C. Barnett, the Secretary of State, was removed, and Capt. Charles Wheaton detailed in his stead. Comptroller-General J. T. Burns was arrested and confined in jail a day or two, under a ludicrous mistake, for a man named Barnes. James J. McGowan, Tax Collector of Chatham county, was arrested for refusing to pay the taxes collected to the Mili- tary Treasurer. Judge John T. Clarke, of the Pataula Circuit, was removed because he adjourned his court on the ground of Gen. Meade's " illegal, unconstitutional, oppressive and dangerous orders !"
Gov. Jenkins went to Washington, carrying the Great Seal of State, and about four hundred thousand dollars of money, which was placed in New York to pay the public debt. He filed a bill complaining that Ulysses S. Grant of Illinois, George G. Meade of Pennsylvania, Thos. H. Ruger of Wisconsin, and C. F. Rockwell of Vermont, had illegally
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382
THE UNION LEAGUE AND THE KU KLUX KLAN.
. seized the State's property and imprisoned the State Treasurer, and asked an injunction of said parties from further spoliation. The con- vention adjourned, cursed by the people. It had witnessed some lively scenes. A. Alpeoria Bradley, an incendiary negro, was the irrepressi- ble orator of the body, tackling with venomous and voluble impartiality the Republican and Democratic leaders, until it was shown that he had been in the penitentiary in some northern state for seduction, when he was expelled. One of the leading measures was relief from old debts, and a large homestead law, and it was expected that these popular matters . would sugar-coat the constitution, and make the people swallow it. Mr. Akerman, an advanced reconstructionist, opposed it. The extreme Radicals tried hard to direct legislation in a bitter channel. Gov. Brown fought this, and declared that if they exceeded the requirements of the reconstruction measures he would oppose their constitution. Some eloquent speeches were made by such members as L. N. Trammell, J. D. Waddell and Dr. H. V. M. Miller, against the extreme acts.
No picture of that day will be complete that omits that truly "loyal" organism, the "Union League," founded and run in secret deliberations in the interest of the Republican party. Its chiefs were William Markham and Henry P. Farrow. It united its members in a compact, oath-bound organization of wonderful cohesiveness and disci- pline. Its hidden partisan efficiency was remarkable, and it ruled consummately its unlettered legionaries from Africa. Perhaps the most pernicious damage done by this order was the utter loathsome disrepute into which it brought the sacred idea of loyalty to govern- ment. All dissent from the sanctity of oppression and the virtue of tyranny was " disloyal; " all abject approval of every hideous abortion of relentless despotism was "loyal." The line of loyalty was ignomini- ous subservience to power.
: But there was a companion to this abominable dynasty in the dan- gerous order of the Ku Klux. The one caused the other. The Ku Klux Klan was the perilous effect of which the odious League was the unhealthy cause. The Klan was a veritable body, founded in a holy object and often prostituted to violence under great provocation. The writer knew all about it, and shared in its legitimate work. It com- bined the best men of the State, old, virtuous, settled, cautious citizens. Its object was the preservation of order and the protection of society. It used mystery as its weapon. It was intended to aid the law and pre- vent crime. In the license of the cra it was a matter of self-defence
383
THE GOVERNOR'S RACE BETWEEN GORDON AND BULLOCK.
against plunder, assassination and rape. Both the League and the Klan were excrescences of reconstruction, the natural outcome of abnormal politics and abortive government.
The convention provided for an election on the 20th of April, 1868, for the ratification and rejection of the constitution framed by that body, and for the election of a Governor and General Assembly. Henry P. Farrow was the choice of his party for Governor, He went into recon- struction with a ripping energy. He was badly crowded by the Demo- crats. But he was a game person, and unlike the mass of his colleagues, ready to meet personal responsibility. He was denounced as a coward by Col. M. A. Nevin of Rome. A correspondence ensued. Col. Nevin was crippled. Farrow refused to fight him, but went out and exchanged shots with Capt. Thomas O'Connor, the second of Nevin, who then manfully withdrew the charge of cowardice. The Republican members of the convention organized themselves into a nominating body, ignored Farrow, and upon motion of Foster Blodgett, nominated Rufus B. Bullock for Governor. It was as good as a play to see the way of Republican politics at that time.
The Democratic executive committee was composed of E. G. Caba- ness, chairman; E. A. Nisbet, J. J. Gresham, James Jackson, G. W. Adams, L. N. Whittle, J. R. Snead, A. W. Reese, Ambrose R. Wright, J. Hartridge, N. Tift, P. W. Alexander, J. I. Whitaker, J. A. W. Johnson, S. J. Smith. The committee on the 13th of March, 1868, nominated for Governor, Judge Augustus Reese, and for delegates to the Democratic Presidential nominating convention, J. B. Gordon, A. H. Chappell, 'B. H. Hill, H. S. Fitch; and alternates, W. Akin, E. Starnes, A. H. Colquitt and C. J. Munnerlyn.
Judge David Irwin announced himself a candidate for Governor. On the 24th of March, Judge Reese, who had on the 15th accepted the Democratic nomination, declined on the ground that he was not eligible, and recommended Judge Irwin. The committee thereupon nom- inated Judge Irwin, who accepted. The Republicans sprung the point upon him that he had been a Confederate presidential elector, and Gen. Meade deciding this to disqualify him, he dropped out. The committee, baffled in two trials for eligible material, consulted Gen. Meade as to the eligibility of John B. Gordon, and receiving the opinion of the polite autocrat that the gallant Gordon was all right, put him out as the Democratic standard-bearer, against Bullock. The campaign that followed was rancorous and much mixed. The Democratic policy was to defeat the Constitution and elect Gordon, which would have made
384
R. B. BULLOCK COUNTED IN AS GOVERNOR.
Gordon's triumph a nullity. The Republicans pressed both the Consti- tution and Bullock. A considerable number, led by Dr. H. V. M. Miller, advocated the Constitution and Gordon. Varney Gaskill, that wonderful piece of political versatility, ran this schedule.
Rufus B. Bullock was a large, handsome, social specimen of a man, pleasant-mannered, and well liked. He had been in Georgia nine years, and occupied the place of head of the express company in the State, and president of the Macon and Augusta R. R. He had been somewhat of a savage reconstructionist in the convention. The Democrats were for defeating the reconstruction measures. Gov. Brown, therefore, had no alternative but to cooperate with the side that, if elected, would enforce his views, and he took the field for Bullock. All of his sympa- thies and innate convictions were with the Democrats and Gordon. But his sense of the needs of his State and people was for taking promptly the offered chance of restoration, and at one stroke end a military gov- ernment becoming daily more intolerable. The people battered their old idol fearfully. Many would not listen to his speeches; others insulted; all denounced and ostracized him. It was in some degree a question of personal safety. Few men would have stood to the rack. Gov. Brown was never one of the yielding kind. Opposition but intensified, abuse but strengthened, and ostracism fired his combativeness. It must ever stand an unsurpassed example of human endurance and pluck, that he never flinched or wavered in this pitiless ordeal.
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The election continued for four days. Hulburt, as fine a master of political opportunities as the world ever saw, had the handling of regis- tration and the election returns. It was a strategie novelty in elections, to run them for several days. The watch of the run of things, and the transfer of the unidentifiable colored voter to weak points, enabled a " sharp and quick " manager, like this unequaled strategist, to produce any required result. The constitution was first declared ratified by a majority of 17,690 votes. The election of R. B. Bullock was then pro- mulgated. The Columbus Sun and Times published the following unique and significant document :
" OFFICE SUPERINTENDENT REGISTRATION, { ATLANTA, GA., May 8, 1868.
" JOHN M. DUER, Esq., Columbus :
" Dear Sir :- Yours of 6th at hand. We want affidavits proving force, fraud, intimi- dation, in violation of general orders. We must have them and plenty of them. Go to work and get them up at once.
" The names of the parties making the affidavits will not be known to any person except yourself and the Board. They need have no fears on that score. You can swear
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GOVERNOR BROWN'S COURSE. 383
them before Capt. Hill. Please go to work "sharp and quick." Get Chapman and other friends to assist you.
" The election in your county will be contested. Defend yourselves by attacking the enemy.
" Respectfully, &c.,
" E. HULBURT."
It was generally understood, in spite of this " sharp and quick " sort of practice, that the Legislature was Democratic. The National Demo- cratic convention met in New York, and nominated Seymour and Blair upon the bold platform that the new reconstruction amendments .were revolutionary, unconstitutional and void. This was the issue, and a momentous one it was. It had been foreshadowed for some time, and the South rallied to it with a joyful exhilaration, looking to the Demo- cratic party to undo Radical reconstruction and restore the governments framed by Andrew Johnson. A Democratic President elected upon this issue would refuse to execute the Reconstruction Acts, and thus the Southern states could overthrow the reconstruction governments. Gov. Brown believed first, that the Democrats could not succeed on this plat- form, and second, that if they did succeed it would be resisted to blood- shed by the Northern Republicans, and bring continued suffering on the South. So believing, and regarding Gen. Grant as favorably disposed to the South, he thought he foresaw the only solution of our troubles in the support of Gen. Grant and the Republican party.
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Gov. Brown went to the Chicago Convention that nominated General Grant and participated as a delegate. His presence there created stormy commentary at home and attracted general attention in the North. He made a characteristic speech in the convention, bold and pronounced, that elicited a wide variety of criticism. He was in favor of acceptance of the terms of reconstruction. For this he was applauded roundly. But when he announced that he could not support any policy that would put the negroes of the South over his own race, he raised a storm, and was denounced as a rebel. It was a daring utterance under all the circumstances. Reviewing Gov. Brown's course out of the pas- sions of that time, and in the light of events that followed, seeing how he antagonized the extreme men of both sides, how the odious measures he advised to be accepted were swallowed whole after ineffect- ual resistance, how he pursued the unflinching tenor of his way through a pitiless current of scalding execration, his perception and nerve were crowningly demonstrated. It took simply unlimited courage to support Grant and reconstruction in that day, and the man who dared do it, who was an honest man as Gov. Brown was and is, did harder work than fighting battles and storming batteries.
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386
THE ASHBURN MURDER.
It has been a peculiarity of Gov. Brown, from the beginning of his public career, that he has had the firmness to lay down a course that was unpopular, and adhere to it against every opposition until its result has been tested. His course on reconstruction was a striking example of this. The universal opposition to his policy by the good people of Georgia did not abate one jot of his resolution. His position in favor of Grant was one of popular abhorrence, yet he never wavered in it. But when Grant was elected, and developed a harsh spirit to the South not expected, Gov. Brown openly opposed his course. The philosophy of Gov. Brown's conduct was, that he approved of no measure oppres- sive to the South, but acquiesced in, or accepted, all measures that he deemed certain of imposition upon us. His theory was, that if we could lay down our arms conquered, abolish slavery forever, and repu- diate our war debts, we should swallow other bitter pills that we must take if we would get our freedom and local self-government. And believing that the sooner we took the terms offered by the conqueror, and the less useless resistance we made, the speedier would be our polit- ical rehabilitation, he conscientiously and under unparalleled opposition, and with superhuman courage advocated such a course.
The support of Grant and the prosecution of the Columbus prisoners charged with the murder of G. W. Ashburn, were the two acts of Gov. Brown at this time, that concentrated upon him the public obloquy of Georgians. The latter stood against him, however, when the former was forgotten and explained. The late campaign for Governor that resulted in the re-election of Gov. Colquitt to the gubernatorial chair, and the popular ratification of Gov. Brown's appointment as United States Senator, has settled this matter satisfactorily to a large majority of the unprejudiced people of the State.
G. W. Ashburn was a member of the Constitutional Convention, a native of North Carolina, and had been in Georgia for fully thirty years. He had offered in the convention resolutions asking Congress to relieve our people of disabilities. He was, however, a pronounced Rad- ical and an unlettered man, and he lived with some negroes in Colum- bus. He was killed at night by unknown parties. The murder created much excitement in the state. The military took the matter in hand, and arrested Elisha J. Kirkscey, C. C. Bedell, James W. Barber, W. A. Duke, R. Hudson, W. D. Chipley, A. C. Roper, J. S. Wiggins and R. A. Wood. A military court was organized to try them, which convened at Atlanta on the 29th of June, 1868. The counsel for the prisoners were A. H. Stephens, M. J. Crawford, J. M. Smith, J. M. Ramsay, L. J.
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387
GOV. BROWN'S CONNECTION WITH THE ASHBURN TRIAL.
Gartrell, H. L. Benning and R. J. Moses. The prosecuting officers were Gen. Dunn, Judge Advocate, assisted by ex-Gov. Jos. E. Brown and Major Wm. M. Smythe.
While in confinement the prisoners were treated badly and subjected to indignities. Inhuman means were used to extort confessions from them, and to suborn evidence from colored witnesses. The sweat boxes were resorted to at Fort Pulaski, where the prisoners were con- fined, to compel admissions of guilt. These cruelties occurred before Gov. Brown's employment by Gen. Meade in the case. Yet in spite of this fact the odium of this bad treatment was thrown unjustly upon him. It shows the morbid spirit of those days, that a lawyer in pro- fessionally accepting employment in the prosecution of a murder case, should be acrimoniously abused.
Weighing the evidence in the matter fairly and dispassionately, Gov. Brown shows very conclusively that in taking part in this prosecution he was governed by proper motives, and did a service to the public and the prisoners. He alleges that Gen. Meade employed him on the con- dition required by him, that he should control the case, and that upon the restoration of civil law the case should be given up by the military authorities. His employment prevented the retention of very extreme men. The corroboration of Gov. Brown in this statement, of his agency in this matter, has been very striking. It has been argued against its credibility that during Gen. Meade's life, no revelation of the explana- tion was made by Gov. Brown when that officer could have verified or denied it. Major A. Leyden of Atlanta talked with Gen. Meade several times, and says that he was assured by Gen. Meade that his fears for the prisoners would not be realized. Mr. John C. Whitner of Atlanta states that Detective Whiteley, who worked up the evidence for the prosecution, told him that the understanding when Brown was employed was that the military trial was to be run over into the organ- ization of the new State government, and the military court dissolved. Gen. William Phillips testifies that Gov. Brown consulted with him at the time upon the subject, and explained to him his object. Maj. Campbell Wallace had an interview at the time with Gen. Meade, and that interview confirms Gov. Brown's statement. Many years ago Gov. Brown gave to Hon. A. H. Stephens and Dr. J. S. Lawton his version of this matter.
A part of the charge against Gov. Brown, in this connection, was that he first sought to be employed by the prisoners for $10,000, and failing in this, took a fee from the government. Mr. W. A. Bedell explodes
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388
COLONEL R. J. MOSES.
this aspersion, stating that he endeavored to employ Gov. Brown for the prisoners, who replied that he was already retained by the Government. The Legislature adopted the Fourteenth Amendment on the 21st of July. Gov. Bullock was inaugurated as civil Governor of the State on the 22d of July, 1868, and on that very day Gen. Meade suspended the proceedings of the military court till further orders. And on the 24th of July, Gen. Meade issued a general order, reciting the welcome fact that military power had ceased under the Reconstruction Acts in the State, and that the military commission for the trial of the prisoners charged with assassinating G. W. Ashburn being adjourned sine die, the prisoners should be transferred to the custody of Capt. Mills, with instructions to release them on bond. The object was accomplished, and the service rendered. The innocent men escaped and returned to their families and homes, after a fearful experience of the mockery of military government.
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