CHAPTER VII.

WITS AND FIRE-EATERS.

JUDGE DOOLY--LAWYERS AND BLACKSMITHS--JOHN FORSYTH--HOW JURIES WERE

DRAWN--GUM-TREE _vs._ WOODEN-LEG--PREACHER-POLITICIANS--COLONEL

CUMMING--GEORGE McDUFFIE.

John M. Dooly was a native of Lincoln County, Georgia, where he

continued to reside until his death, and where he now lies in an

undistinguished grave. He was the son of a distinguished Revolutionary

soldier, whose name, in consideration of his services in that struggle,

has been given to a county in the State. In early life he united

himself to the Federal party, and from honest convictions continued a

Federalist in principle through life. But for his political principles,

his name in the nation to-day would have been a household word,

familiar as the proudest upon her scroll of fame. In very early life he

gave evidence of extraordinary powers of mind. With a limited

education, he commenced the study of the law when quite young. But

despite this serious defect, which was coupled with poverty and many

other disadvantages incident to a new country impoverished by war, and

wanting in almost everything to aid the enterprise of talent in a

learned profession, soon after his admission to the Bar he attracted

the attention of the community, and especially the older members of the

Bar, as a man of extraordinary capacity, and already trained in the

law. So tenacious was his memory of all that he read or heard, that he

not only retained the law, but the author and page where it was to be

found. His mind was eminently logical and delighted in analytical

investigation. In truth, the law suited the idiosyncrasy of his mind,

and it was most fortunate for his future life, that he adopted it as a

lifetime pursuit. Nature, it seems, gives to every mind a peculiar

proclivity, as to every individual a peculiar mind: to pursue this

proclivity is a pleasure; it makes work a delight, and this secures

success. Hence it is fortunate to learn this peculiarity, and to

cultivate it from the beginning. When the mind is strong and vigorous,

this peculiar proclivity is generally well-marked to the inquiring

observer in very early life.

It is related of Benjamin West, the great painter, that at five years

of age he was continually soiling the floor of his good and sensible

mother with charcoal sketches of the faces of the different members of

the family; and of Napoleon, that in early childhood his favorite

amusement was to build forts and array his playmates into column, and

charge these, and assault and enter them. Stevenson, the great

engineer, spent all his idle time, when a boy, in attempts at

constructing machinery and bridges.

In these great minds this natural trait was so strongly marked, and so

controlling in its influence, as to defy and overleap every obstacle,

and develop its wonderful energy and capacity in the most stupendous

manner. In such as these, this manifestation is early and palpable. Yet

the same peculiarity exists wherever there is mind sufficient to

connect cause and effect; but it is proportionate with the strength of

the mind, and in ordinary or feeble minds it is less conspicuous, and

requires close observation to discern it in early life.

The folly and ambition of parents and adverse circumstances too often

disappoint the intentions of nature, and compel their offspring, or the

victims of circumstance, to follow a pursuit for which they have a

natural aversion, and absolutely no capacity: hence we see thousands

struggling painfully through life in a hated avocation, and witness

many a miserable lawyer whom nature designed to be a happy blacksmith.

His toil of life is always up hill, without the possibility of ever

attaining the summit. Sometimes the rebellion of nature is successful,

and the misdirected will shake off the erroneously imposed vocation,

and dash away in the pursuit for which the mind is capacitated; and

immediate success attests the good sense and propriety of the act.

Fortunately, John M. Dooly, selected, under the guidance of natural

inclination, the profession of law. His eminence was early in life, and

the public eye was directed to him as one worthy any public trust. He

was frequently chosen a member of the Legislature from his native

county, and was distinguished for extraordinary ability in the capacity

of a legislator. His conspicuous position and commanding talents

pointed him out as one to take a foremost rank with the first of the

nation; and his friends urged his name as a fit representative in

Congress for the State. At this time the acrimony of party was intense;

the Republican, or Jeffersonian party, was largely in the ascendant in

the State, and would accept no compromise. It was willing to receive

new converts and prefer them according to merit, but would accord no

favor to an unrepentant enemy. At this time there were many young,

talented men rising to distinction in the State, who were Federalists.

With some of them ambition was superior to principle; they recanted

their principles, and, in the ranks of their former opponents, reaped a

harvest of political distinction. Prominent among these was John

Forsyth. He had delivered a Fourth of July oration at Augusta,

distinguished for great ability and high Federal doctrines. Abraham

Baldwin, who, with the astuteness of the Yankee--which he was--had

renounced Federalism, and was now a prominent leader of the Republican

party, spoke of this effort of Forsyth as transcendently great, and

always, when doing so, would add: "What a pity such abilities should be

lost to the country through the influence of mistaken political

principle!" Whether this had any effect upon the views of Forsyth or

not, certain it is that very soon after he repudiated Federalism, and

published a formal renunciation of the party and its principles. From

that time forward his march was onward, and now his name and fame are

embalmed as national wealth.

Dooly was less facile: his convictions were honest and strong, and he

clung to them. He won the confidence not only of his party, but of the

people, for high integrity; but this was all. Out of his county he was

intrusted with no political position, and those who most prized his

talents and integrity could never be persuaded to aid in giving these

to the country. He was more than once beaten for the Senate of the

United States; and once by Forsyth, who was not announced as a

candidate, and who was at the time minister plenipotentiary of the

nation at the Spanish Court. His great legal abilities were, however,

complimented by the Republican Legislature, by placing him upon the

bench of the highest judicial tribunal of the State, where his

usefulness was transcendent, and where most of his life was spent.

As a wit, Dooly never had an equal in the State, and there might now be

written a volume of his social and judicial wit. Its compass was

illimitable--from the most refined and delicately pungent to the

coarsest and most vulgarly broad; but always pointed and telling.

Nature had given him a peculiarity of look and voice which gave edge to

his wit and point to his humor.

The judicial system of Georgia at this time was peculiar. The State was

subdivided into districts, or circuits, as they were denominated; and

one judge appointed to preside over each. These were elected by the

Legislature, on joint ballot, for a term of three years; and until

faction claimed the spoils of victory, the judge who had proven himself

capable and honest was rarely removed, so long as he chose to remain.

Dooly was one of these. Party never touched him, and both factions

concurred in retaining him, because it was the universal wish of the

people of his circuit. The law of the country was the common law of

England and the statutes of the State. In the expounding of these, the

judges frequently differed, and the consequence was that each circuit

had, in many particulars, its own peculiar law, antagonistic to that

which was received as law in the adjoining circuit. The uniformity of

law, so essential to the quiet and harmony of a people, and so

necessary in defining the title and securing the tenure of property, by

this system was so greatly disturbed, that it led to the informal

assembling of the judges at irregular periods, and upon their own

responsibility, to reconcile these discrepancies. This in some degree

obviated the necessity of a supreme court for the correction of errors;

but was very unsatisfactory to the Bar, who were almost universal in

their desire for the establishment of a tribunal for this purpose. But

there was another feature peculiar to the judicial system of the State,

to which her people were greatly attached: that of special juries. They

feared the creation of a supreme court would abolish this, and for many

years resisted it. This system of special juries, in the organization

of her judiciary, was intended to obviate the necessity of a court of

chancery. The conception was a new one, and in Georgia, with her

peculiar population, its effects were admirable. It was an honest,

common-sense adjudication of equity cases, and rendered cheap and

speedy justice to litigants. It was unknown in the judiciary system of

any other State, and I will be excused by the reader, who may not be a

Georgian, for a brief description of it here.

By direction of the law of 1798, the justices of the Inferior Court

took the tax list, which contained the name of every white man of

twenty-one years and upwards in the county, and, from this list,

selected a certain number of names, and placed them in a box marked

"The grand-jury box." The remaining names were placed in another box

marked "The petit-jury box." Those selected as grand jurors were chosen

because of their superior intelligence, wealth, and purity of

character. These selections were made at certain stated periods; and

the jurors thus chosen from the mass never served on the petit jury,

nor were they liable even as talesmen to serve on that jury. The same

act made it the duty of the presiding judge of each circuit to draw, at

the termination of each term of his court, and in open court, a certain

number of names from each box, which were entered as drawn upon the

minutes of the court, to serve as grand and petit jurors at the ensuing

term of the court. The special juries, for the trial of cases in

equity, and appeals from the verdicts of petit juries, were formed from

the grand juries, and after the manner following: A list was furnished

by the clerk of the court to the appellant and respondent. From this

list each had the right to strike a name alternately--the appellant

having the first stroke--until there remained twelve names only. These

constituted a special Jury, and the oath prescribed by law far these

jurors was as follows; "You shall well and truly try the issue between

the parties, and a true verdict give, according to law and equity, and

the opinion you entertain of the testimony." Under the pleadings, the

entire history of the case went before this jury, and their verdict was

final. It was this method of trial which prevented so long that great

desideratum in all judicial systems--a court for the correction of

errors and final adjudication of cases.

Dishonest litigants feared this special jury. Their characters, as that

of their witnesses, passed in review before this jury, whose oaths

allowed a latitude, enabling them frequently to render a verdict,

ostensibly at variance with the testimony, but almost always in aid of

the ends of equitable justice.

The system was eminently promotive of honesty and good morals, as well

as the ends of justice; for men's rights before it were not

unfrequently determined by the reputation they bore in the community in

which they lived. This fact stimulated uprightness of conduct, and

often deterred the wrong-doer. It has passed away; but I doubt if what

has replaced it has benefited the interests or morals of the people of

the State.

Like Mr. Crawford, Judge Dooly relied more upon the practical good

sense of the people as jurors, for justice between man and man, than

upon the technicalities of the law; and especially upon that of special

juries. Dooly had great contempt for petit juries, and evinced it upon

one occasion by declaring in open court that he thought, if there was

anything not known to the prescience of the Almighty, it was what the

verdict of a petit jury would be, when they left the box for the

jury-room. Dooly was an opponent of Crawford through life--a friend and

intimate of John Clark, Crawford's greatest enemy. But his character

was devoid of that bitterness and persistent hatred characteristic of

these two. Crawford and Judge Tate were intimate friends, and between

these and Clark there was continual strife. Tate and Clark were

brothers-in-law; but this only served to whet and give edge to their

animosity. Dooly, in some manner, became entangled with Tate in this

feud; and an amusing story is told of the final settlement of the

difficulty between these men.

Tate, it seems, challenged Dooly to mortal combat. Mr. Crawford was

Tate's friend. Dooly, contrary to all expectation, accepted, and named

General Clark as his friend, and appointed a day of meeting. Tate had

lost a leg, and, as was usual in that day, had substituted a wooden,

one. On the appointed day, Tate, with his friend, repaired to the place

of meeting, where Dooly had preceded them, and was alone, sitting upon

a stump. Crawford approached him, and asked for his friend, General

Clark.

"He is in the woods, sir."

"And will soon be present, I presume?" asked Crawford.

"Yes; as soon as he can find a gum."

"May I inquire, Colonel Dooly, what use you have for a gum in the

matter we have met to settle?"

"I want it to put my leg in, sir. Do you suppose I can afford to risk

my leg of flesh and bone against Tate's wooden one? If I hit his leg,

why, he will have another to-morrow, and be pegging about as well as

usual. If he hits mine, I may lose my life by it; but almost certainly

my leg, and be compelled, like Tate, to stump it the balance of my

life. I cannot risk this; and must have a gum to put my leg in: then I

am as much wood as he is, and on equal terms with him."

"I understand you, Colonel Dooly; you do not intend to fight."

"Well, really, Mr. Crawford, I thought everybody knew that."

"Very well, sir," said Crawford; "but remember, colonel, your name, in

no enviable light, shall fill a column of a newspaper."

"Mr. Crawford, I assure you," replied Colonel Dooly, "I would rather

fill every newspaper in Georgia than one coffin."

It is scarcely necessary to say, that Tate and Crawford left the field

discomfited, and here the matter ended.

Dooly never pretended to belligerency. When Judge Gresham threatened to

chastise him, he coolly replied he could do it; but that it would be no

credit to him, for anybody could do it. And when he introduced his

friend to another as the inferior judge of the Inferior Court of the

inferior County of Lincoln, and was knocked down for the insult, he

intreated the bystanders not to suffer him to be injured. When released

from the grasp of his antagonist, he rubbed his head, and facetiously

said: "This is the forty-second fight I have had, and if I ever got the

best of one, I do not now recollect it."

Judge Dooly was much beloved by the younger members of the Bar, to whom

he was ever kind and indulgent, associating with them upon his circuit,

and joining in all their amusements. His wit spared no one, and yet no

one was offended at it. His humor was the life of the company wherever

he was, and he was never so burdened with official dignity as to

restrain it on the bench. Unbiassed by party considerations or personal

prejudices, and only influenced by a sense of duty and wish to do

right, it was impossible he could be otherwise than popular. This

popularity, however, was personal, not political, and could never

secure to him any political distinction. He was ambitious of a seat in

the United States Senate, a distinction to which he more than once

aspired; but here the grinning ghost of Federalism always met him,

frightening from his support even the nearest of his social friends.

Mr. Crawford's wishes controlled the State, through the instrumentality

of those he had distinguished with his countenance. None doubted the

patriotism or capacity of Dooly for the position; but he was a

Federalist, and the friend of many of the prime movers of the Yazoo

fraud; and these were unpardonable sins with Crawford and his friends.

No one ever charged upon Dooly the sin of a participation in this

speculation, or the frauds through which it became a fixed fact, as a

law of the State, by legislative act. But it was, for a very long time,

fatal to the political aspirations of every one known to be personally

friendly to any man in any way concerned in the matter. They were

pariahs in the land, without friends or caste.

Of all the men prominent in his day, George M. Troup was the most

uncompromising in his hostility to those engaged in this speculation.

It certainly was the work of a few persons only, and did not embrace

one out of fifty of the Georgia Company. All, or nearly all of these,

honestly embarked in the speculation, not doubting but that the State

had the power to sell, and knowing her pecuniary condition required

that she should have money. Had they known that it required bribery to

pass the measure, they would have scorned to become parties to such

corruption; nevertheless they were inculpated, and had to share the

infamy of the guilty few who thus accomplished the purchase, as they

shared the profits arising therefrom. But it did not stop with the

participants. Their personal friends suffered, and no one individual so

fatally as Dooly. He asserted the power of the Legislature to sell--he

was sustained by the decision of the Supreme Court--he was not a

stockholder--he afforded no aid with his personal influence; yet the

public clamor made him a Yazoo-man, and Troup was foremost in his

denunciation of him. On this account it was that, upon a memorable

occasion, Dooly declared that Troup's mouth was formed by nature to

pronounce the word Yazoo. It had been proposed to Dooly, at the time

Forsyth abandoned the Federal party, to follow his example; but he

refused to part with his first love, and clung to her, and shaded,

without a murmur, her fortunes and her fate, which condemned him to a

comparative obscurity for all the future.

It was long years after, and when Mr. Forsyth was in the zenith of his

popularity, that the friends of Dooly proposed his name for the Senate

of the United States. His was the only name announced as a candidate to

the Legislature, but, on counting the ballots, it was found Forsyth had

been elected. Dooly was present, and remarked to a friend that he was

the only man he ever knew to be beaten who ran without opposition. He

saw the aspiring companions of his youth favorites of the people, and

thrust forward into public places, winning fame, and rising from one

position to another of higher distinction. He witnessed the advance of

men whom he had known as children in his manhood, preferred over him;

and, in the consciousness of his own superiority to most or all of

these, rather despised than regretted the prejudices of the

public--influenced by men designing and selfish--which consigned him to

obscurity because of an honest difference of opinion upon a point of

policy which ninety out of every hundred knew nothing about. While the

companions of his early youth were filling missions abroad, executive

offices at home, and Cabinet appointments, he was wearing out his life

in a position where, whatever his abilities, there was little fame to

be won. Still he would make no compromise of principle. In faith he was

sincere, and too honest to pretend a faith he had not, though honors

and proud distinction waited to reward the deceit. As true to his

friends as his principles, he would not desert either, and surrender

his virtue to the seductions of office and honors. Toward the close of

his life, his friends got into office and power. His friend, John

Clarke, was elected Governor, upon the demise of Governor Rabun; but

his day had passed, and other and younger men thrust him aside. Parties

were growing more and more corrupt, and to subserve the uses of

corruption, more tractable and pliant tools were required than could be

made of Dooly.

The election of Clarke was a triumph over the friends of Crawford, who

was then a member of Mr. Monroe's Cabinet, and had long been absent

from the State. It revived anew the flame of discord, which had

smouldered under the ashes of time. The embers lived, and the division

into parties of the people of the United States, consequent upon the

disruption of the Federal and Republican parties, and the candidacy of

Mr. Crawford for the Presidency, caused a division of the old

Republican party in Georgia. Clarke immediately headed the opposition

to Crawford, and his election was hailed as an evidence of Mr.

Crawford's unpopularity at home. This election startled the old friends

of this distinguished son of Georgia, and revived the old feeling.

Clarke was a man of strong will, without much mind, brave, and

vindictive, and nursed the most intense hatred of Crawford constantly

in his heart. The long absence of Crawford from the State, and the

secluded retirement of Clarke, had caused to cool in the public mind

much of the former bitterness of the two factions in the State, but now

it was rekindled. There were very many young men, who had been too

young to take any part in these factions, but who were now the active

and ambitious element in the State. Many persons, too, had immigrated

into the new-settled parts of the State, who were strangers to the

feuds which had once divided her people, and which now began to do so

anew. Each party sought to win and secure this element. Every newspaper

in the State, every judge upon the bench, every member of Congress was

in the interest of Crawford; and yet there was a majority of the people

of the State attached to the Clarke faction. He and his friends had

long been proscribed, and they pleaded persecution. The natural

sympathies of the heart were touched by these appeals, and it was

feared the State would be lost to Crawford in the coming Presidential

election. Every effort was now to be made to defeat this faction

against him, headed by Clarke. The election of Governor at this time

was by the Legislature; and it was not anticipated that there would be

any difficulty in the re-election of Rabun, and, consequently, there

had been no agitation of the question before the people at the recent

election of members of the Legislature. Scarcely a tithe of the people

had even heard of the candidacy of Clarke when his election was

announced; and, at the time, so little interest was felt on the

subject, that very few objected to his election. Clarke was a man of

violent passions, and had been, to some extent, irregular and

dissipated in his habits. When excited by any means, he was fierce; but

when with drink, he was boisterous, abusive, and destructive. Many

stories were related of terrible acts of his commission--riding into

houses, smashing furniture, glass, and crockery--of persecutions of his

family and weak persons he disliked. This had aroused in the pious and

orderly members of society strong opposition to him, and at this time

all his sins and irregularities were widely and loudly heralded to the

public. The preachers, with few exceptions, denounced him, and those

who did not were very soon with him denounced. Very soon after his

inauguration, the celebrated Jesse Mercer--the great gun of the Baptist

denomination in Georgia--was invited to preach the funeral sermon of

Governor Rabun. Mercer was an especial friend of Mr. Crawford, and a

more especial enemy of Clarke. In many respects he was a remarkable

man--a zealous and intolerant sectarian, and quite as uncompromising

and bitter in his political feelings. His zeal knew no bounds in

propagating his religious faith, and it was quite as ardent in

persecuting his political opponents. It was doubtful which he most

hated--the Devil or John Clarke. Rabun had been his neighbor, his

friend, and, above all, a member and elder in his church. It was quite

fitting under the circumstances that he should be selected to officiate

in the funeral services in honor of the late Governor. From respect,

Clarke and the Legislature were present. The moment Mercer's eye, from

the pulpit, descried Clarke, he threw open his Bible violently, and for

many minutes was busy searching from page to page some desired text. At

last he smiled. And such a smile! It was malignant as that of a

catamount. Turning down the leaf--as was the custom of his church--he

rose and gave out to be sung, line by line, his hymn. This concluded,

he made a short and hurried prayer--contrary to his custom--and, rising

from his prayerful position, opened his Bible, and fixing his eye upon

Clarke, he directed his audience to his text, and read:

"When the wicked rule, the land mourns."

The expression of his countenance, the twinkling of his eye, all

pointed so clearly to Clarke as to direct the attention of every one

present to the Governor. This was followed by a sermon half made up of

the irregularities of Clarke's life. This was the tocsin to the church,

and it came down in force with the opposition to the Governor elect. It

was, too, the slogan of the Crawford party to rally for a new conflict.

Mr. Crawford's conduct as a representative of the State in Congress,

and the representative of her people in his foreign mission, had been

eminently satisfactory; and his present elevated position as Secretary

of the Treasury of the United States was exceedingly gratifying to

their pride. When it was determined by his friends to present his name

to the nation as a candidate for the Presidency, it was supposed his

support would be unanimous in Georgia. Time had given opportunity for

the prejudices and hatreds of youth to wear out with the passions of

youth. Those, however, who knew John Clarke, were not deceived when he

successfully rallied a party in opposition. So little interest had been

felt in the personal difficulty formerly existing between Clarke and

Crawford, that even those who remembered it attached to it no

importance, and they did not suppose Clarke's election was to be the

commencement of an organized opposition to Crawford's election, and of

the bitterness which was to follow.

There was scarcely the show of opposition to the election of Clarke.

Those who remembered the old feud, and how completely it had pressed

down all the ambitious hopes and aspirations of Clarke, were willing to

forget the past, and, though warm friends of Mr. Crawford, to vote for

Clarke, and honor him with the first office in the State. Some felt his

treatment had been too harsh, and that for his father's Yazoo

antecedents he had been made to pay quite too severe a penalty, and

were desirous to manifest their feelings in their votes. Besides, his

family connections were most respectable. Griffin Campbell and Dr. Bird

were his brothers-in-law, and were men of high character and great

influence. The friends of these gentlemen united in his support. And

there was still another, whose influence, to the writer's knowledge,

carried four young, talented members of the House to the support of her

father--Ann Clarke, the only daughter of John Clarke, who had no

superior among her sex in talent, beauty, and accomplishments, in the

State. During the incumbency of her father she did the honors of the

executive mansion with a dignity, grace, and affability which won all

hearts, and added greatly to the popularity of the Governor. She

married Colonel John W. Campbell, and all her after-life has justified

the promise of her girlhood. Left a widow with many children, she has

reared and educated them to be an honor to their mother, and, as she

was, an ornament to society. She is now an aged woman, and resides in

Texas, honored and beloved by all who know her.

The election of Clarke was illy received by the old and tried friends

of Crawford throughout the State. They knew him. His stern, inflexible

character and indomitable will were sure to rally about him a party;

and his personal bravery and devotion to his friends would greatly aid

in keeping and inspiring these. His position now was one of strength,

with the capacity to increase it, and the material was abundant; yet

there were formidable difficulties in his way. All, or very nearly all

of the leading families of the State--the Lamars, Cobbs, McIntoshes,

Waynes, Telfairs, Cummings, Tatnals, Dawsons, Abercrombies, Holts,

Blackshears, and many others--were Republicans, and active in the

support of Crawford for the Presidency. These apparently insurmountable

difficulties were to be overcome in the organization of new parties.

The complete breaking up of the Republican party of the nation was

favorable; and there was another element which the sagacity of Campbell

soon discovered and laid hold upon. There were many ambitious and

disappointed men and families in the State beside Clarke and his

family.

The overwhelming popularity of Crawford as the head of the Republican

party in the State had enabled his friends to monopolize all the

offices, and give direction to every political movement and fix the

destiny of every political aspirant. Under this _régime_ many had been

summarily set aside, and were soured. The talents of Troup, Forsyth,

Cobb, Berrien, Tatnal, and some others, pointed them out as men to be

honored, because they honored the State. They seemed to hold a

possessory right to the distinguished positions, and to dictate who

should be elected to the minor ones. Young ambition submitted, but, was

restless and impatient to break away from this dominion. Party

stringency had enforced it, but this was loosened, and all that was now

wanting was a head to rally them into a new and formidable party. Every

old Federalist in the State who had clung to his principles attached

himself to Clarke. There were many strong families, wielding a potent

influence in their neighborhoods, attached to Federal principles. The

Watkins, Hills, Walkers, Glasscocks, and Adamses all soon sided with

the new party. A press in its support was greatly needed, and was soon

established, and given in charge of Cosein E. Bartlett, than whom no

man was better calculated for such a service as was demanded of him.

There were not at this time a dozen newspapers in the State. With all

of them had Bartlett to do battle for the cause in which he had

enlisted, and right valiantly did he do it. He was a fluent and most

caustic writer, and was always ready, not only to write, but to fight

for his party, and would with his blood sustain anything he might say

or write. Like most party editors, he only saw the interest of his

party in what he would write, and would write anything he supposed

would further the ends of his party. Almost immediately after the

election of Clarke, the opposition presented the name of George M.

Troup, who had been voted for as an opposing candidate at the time of

Clarke's election. It was but a little while before the State trembled

with the agitation which seemed to disturb every breast. None could be

neutral. All were compelled to take sides or be crushed between the

contending parties or factions; for this division of the people was

only factious. There was no great principle upon which they divided; it

was men only. Clarke and his friends favored the pretensions of Mr.

Calhoun to the Presidency solely because he was the enemy of Crawford,

and they were subsequently transferred to the support of Jackson as

readily as cattle in the market.

For two years was this agitation increasing in intensity, and so bitter

had it made animosities arising out of it, that reason seemed to reel,

and justice to forget her duty. Men were chosen indiscriminately to

office because of party proclivities. Intelligence and moral worth were

entirely disregarded--families divided--husbands and wives

quarrelled--father and sons were estranged, and brothers were at deadly

strife. There was no argument in the matter; for there was nothing upon

which to predicate an argument. To introduce the subject was to promote

a quarrel. Churches were distracted and at discord, and the pulpit, for

the first time in Georgia, desecrated by political philippics. Pierce

then, as now, was the leading minister of the Methodist Church in the

State, and abstained in the pulpit, but made no secret of his

preferences upon the street. Duffie travelled everywhere. He had by

unkindness driven from him his wife with her infant child, and, in her

helpless and desperate condition, she had taken refuge with the Shaking

Quakers in the West, and remained with them until her death. His son

came to him after maturity, and was established by him on a plantation

with a number of slaves; but, having inherited all the brutal ferocity

of his father, it was not long before he murdered one or two of them.

Incarcerated in the county jail, his father invoked party aid to

release him, openly declaring it was due to him for party services in

opposing that son of the Devil--John Clarke. Whether his party or his

money did the work I know not; but the miserable wretch escaped from

jail, and was never brought to trial.

Peter Gautier was another prominent preacher-politician, and exercised

his talents in the service of Clarke. He was by birth an American, but

his parents were French. He was a bad man, but of eminent abilities,

and exercised great influence in the western portion of the State.

After Pierce, he was the superior of all of his denomination as a

pulpit orator; and in will and energy unequalled by any other. Bold,

unscrupulous, and passionate, he, regardless of his profession, mingled

freely, at county musters and political barbecues, with the lowest and

vilest of the community, using every art his genius suggested to

inflame the mad passions of men already excited to frenzy. In after

life the viciousness and unscrupulousness of his nature overmastered

his hypocrisy and burst out in acts of dishonesty and profanity, which

disgraced and drove him from the State. He sought security from public

scorn in the wilds of Florida; but all restraint had given way, and

very soon the innate perfidy of his nature manifested itself in all his

conduct, and he was obliged to retire from Florida. At that time Texas

was the outlet for all such characters, and thither went Gautier, where

he died.

Every means which talent and ingenuity could devise was put into

requisition by both parties to secure their ascendency. The men of

abilities greatly preponderated in the Troup faction; and the pens of

Cobb, Gumming, Wild, Grantland, Gilmer, and Foster were active in

promoting the election of Troup, and thereby regaining the lost power

of the old Crawford or Republican party. Many young men of talent had

espoused the Clarke faction, and, under the guidance of Dooly,

Campbell, and Clarke, were doing yeomen's work for the cause. Among

these was Charles J. McDonald, whose fine character and family

influence rendered him conspicuously popular. This popularity he

retained to the end of his life. It elevated him to the Gubernatorial

chair, after serving in the United States Congress and for years upon

the bench of the Superior Court. His talents were not of the first

order, but his honesty, sincerity, and goodness made him beloved.

Bartlett was struggling with all his energies to write up the

administration and to defend the Governor against the fierce and

reiterated attacks of the opposition. About this period there appeared

some articles in a paper in Augusta, Georgia, reflecting upon Mr.

Crawford, in reply to several papers signed "C.," which were written by

Richard H. Wild, then a member of Congress from Georgia. These articles

were attributed to Colonel William Gumming, of Augusta, and "C.," in

reply, attacked him severely. He was not a man to be badgered by an

anonymous writer in a newspaper. He demanded immediately of the editor

the name of his correspondent, and that of George McDuffie, of South

Carolina, was given. A challenge ensued--a meeting followed, in which

McDuffie was seriously wounded, and which ultimately caused his death.

This affair increased the hatred between the Georgians and Carolinians,

as it did not cease with a single meeting. Gumming renewed his

challenge in consequence of a statement made by McDuffie in a paper to

the public, narrating offensively--as Cumming felt--the particulars of

the affair. A second meeting was the consequence, at which a difficulty

arose between the seconds, and it was adjourned to another day and

another place. At this third meeting, in an exchange of shots,

McDuffie's arm was broken, and this terminated the difficulty; but it

did not appease the animosity of the friends of the parties.

These combatants were both men of remarkable abilities. Colonel William

Cumming was a native of Augusta, Georgia. Born to the inheritance of

fortune, he received a liberal education and selected the law as a

profession. He read with the celebrated Judges Reeve and Gould, at

Litchfield, Connecticut. At the period of his study this was the only

law-school in the United States. Many anecdotes of his peculiarities

during his residence at the school were related by his preceptors to

the young gentlemen from Georgia who followed him in the office in

after years. A moot court was a part of the system of instruction, in

which questions of law, propounded by one of the professors, were

argued by students appointed for the purpose. On one occasion, Cumming

was replying to the argument of a competitor, and was so caustic as to

be offensive. This was resented by insulting words. Turning to the

gentleman, and without speaking, Cumming knocked him down. Immediately,

and without the slightest appearance of excitement, addressing the

presiding professor, he remarked: "Having thus summarily disposed of

the gentleman, I will proceed to treat his argument in like manner."

Upon his return to Georgia, the war with England having broken out, he

procured the commission of a captain and entered the army. He was

transferred to the northern frontier--then the seat of active

operations--and soon distinguished himself amid that immortal band, all

of whom now sleep with their fathers--Miller, Brook, Jessup, McCrea,

Appling, Gaines, and Twiggs. Cumming, Appling, and Twiggs were

Georgians. At the battle of Lundy's Lane he was severely wounded and

borne from the field. He was placed in an adjoining room to General

Preston, who was also suffering from a wound. Cumming was a favorite of

Preston's, and both were full of prejudice toward the men of the North.

Late at night, Preston was aroused by a boisterous laugh in Cumming's

apartment. Such a laugh was so unusual with him that the general

supposed he had become delirious from pain. He was unable to go to him,

but called and inquired the cause of his mirth.

"I can't sleep," was the reply, "and I was thinking over the incidents

of the day, and just remembered that there had not in the conflict been

an officer wounded whose home was north of Mason and Dixon's line.

Those fellows know well how to take care of their bacon."

He was soon promoted to a colonelcy, and was fast rising to the next

grade when the war terminated. In the reduction of the army he was

retained--a compliment to his merits as a man and an officer. He was

satisfied with this, and, in declining to remain in the army, wrote to

the Secretary of War:

"There are many whose services have been greater, and whose merits are

superior to mine, who have no other means of a livelihood. I am

independent, and desire some other may be retained in my stead."

He was unambitious of political distinction, though intensely

solicitous to promote that of his friends. His high qualities of soul

and mind endeared him to the people of the State, who desired and

sought every occasion which they deemed worthy of him, to tender him

the first positions within their gift; but upon every one of these he

remained firm to his purpose, refusing always the proffered preferment.

Upon one occasion, when written to by a majority of the members of the

Legislature, entreating him to permit them to send him to the Senate of

the United States, he declined, adding: "I am a plain, military man.

Should my country, in that capacity, require my services, I shall be

ready to render them; but in no other." He continued to reside in

Augusta in extreme seclusion. Upon the breaking out of the war with

Mexico he was tendered, by Mr. Polk, the command of the army, but

declined on account of his age and declining health, deeming himself

physically incapable of encountering the fatigue the position would

involve.

The habits of Colonel Cumming were peculiar. His intercourse with his

fellow men was confined to a very few tried friends. He never married,

and was rarely known to hold any familiar intercourse with females. So

secluded did he live, that for many years he was a stranger to almost

every one in his native city. He was strictly truthful, punctual to his

engagements in business matters, and honest in all things. In person,

he was very commanding. In his walk the whole man was seen--erect,

dignified, and impetuous. Energy and command flashed from his great,

gray eyes. His large head and square chin, with lips compressed,

indicated the talent and firmness which were the great characteristics

of his nature. Impatient of folly, he cultivated no intercourse with

silly persons, nor brooked for a moment the forward impertinence of

little pretenders. To those whose qualities of mind and whose habits

were congenial to his own, and whom he permitted familiarly to approach

him, he was exceedingly affable, and with such he frequently jested,

and hilariously enjoyed the piquant story in mirthful humor; but this

was for the few. He was a proud man, and was at no pains to conceal his

contempt for pert folly or intrusive ignorance, wherever and in

whomsoever he met it.

In early life he was the close intimate of Richard Henry Wild, and was

a great admirer of his genius, and especially his great and interesting

conversational powers. Unexceptionable in his morals, he was severe

upon those whose lives were deformed by the petty vices which society

condemns yet practises in so many instances and universally tolerates.

It is greatly to be regretted that the talents and learning of such a

man should not be given to mankind. Every one capable of appreciating

these great attributes in man, and who knew Colonel Cumming, will, with

the writer, regret that he persistently refused every persuasion of his

friends to allow them to place him in such a position before the

country as would bring his great qualities prominently forward in the

service, and for the benefit of his fellow-men. His proud nature

scorned the petty arts of the politician; and he doubtless felt place

could only be had or retained by the use of these arts; he was of too

high principle to descend to them, and held in great contempt those

whose confidence and favor could only be had by chicanery. He was not a

people's man, and had in his nature very little in common with the

masses; and, like Coriolanus, scorned and shunned the great unwashed.

He lived out his threescore years and ten, hiding the jewel God had

given him, and appropriating it only to the use of his own happiness in

the solitude he loved.

George McDuffie was a very different man. Born of humble parentage in

one of the eastern counties of Georgia, he enjoyed but few advantages.

His early education was limited: a fortuitous circumstance brought him

to the knowledge of Mr. Calhoun, who saw at once in the boy the promise

of the man. Proposing to educate him and fit him for a destiny which he

believed an eminent one, he invited him to his home, and furnished him

with the means of accomplishing this end. His ambition had often

whispered to his young mind a proud future, and he commenced the

acquisition of the education which was, as he felt, essential as a

means of its attainment. In this he made rapid progress, and at the age

of twenty-five graduated at the university of South Carolina. It was

not long after graduating before he was admitted to the Bar, and

commenced the practice of law in company with Eldridge Simpkins, at

Edgefield Court House, who was, if I mistake not, at the time, a member

of Congress.

The rise of McDuffie at the Bar was rapid; he had not practised three

years before his position was by the side of the first minds of the

State, and his name in the mouth of every one--the coming man of the

South. It was probably owing to the defence made by him of William

Taylor for the killing of Dr. Cheesboro, that he became famous as it

were in a day. This case excited the people of the whole State of South

Carolina. The parties were, so far as position was concerned, the first

in the State. William Taylor was the brother of John Taylor, who at the

time of the killing was Governor of the State. John Taylor, his

grandfather, was a distinguished officer in the army of the Revolution:

the family was wealthy, and extensively connected with the first

families of the State. Cheesboro was a young physician of great promise

and extensive practice. Jealousy was the cause of the killing, and was

evidently groundless. The deed was done in the house of Taylor, in the

city of Columbia, and was premeditated murder. Mrs. Taylor was a lovely

woman and highly connected. In her manners she was affable and cordial;

she was a great favorite in society, and her universal popularity

attracted to her the host of friends who so much admired her. Dr.

Cheesboro was one of these, and the green-eyed monster made him, in the

convictions of Taylor, the especial favorite of his wife. McDuffie was

employed in his defence, and he made a most triumphant success against

evidence, law, and justice. His speech to the jury was most effective.

The trial had called to Columbia many persons connected with the

family; and all were interested to save from an ignominious death their

relative. This, it was thought, could only be done by the sacrifice of

the wife's reputation. This would not only ruin forever this estimable

lady, but reflect a stain upon her extensive and respectable

connections. She was appealed to, to save her husband's life with the

sacrifice of her fame. In the consciousness of innocence, she refused

with Spartan firmness to slander her reputation by staining her

conscience with a lie. Her friends stood by her; and when hope had

withered into despair, and the possibility gone forever of saving him

by this means, the eloquence of McDuffie and the influence of family

were invoked, and successfully.

In the examination of the witnesses he showed great tact, and

successfully kept from the jury facts which would have left them no

excuse for a verdict of acquittal. But it was in his address that his

great powers made themselves manifest. The opening was impassioned and

powerful. Scarcely had he spoken ten minutes before the Bench, the Bar,

the jury, and the audience were in tears, and, during the entire

speech, so entirely did he control the feelings of every one who heard

him, that the sobs from every part of the courtroom were audible above

the sounds of his voice. When he had concluded, the jury went weeping

from the box to the room of their deliberations, and soon returned a

verdict of acquittal.

This effort established the fame of McDuffie as an orator and man of

great mental powers. Fortunately at that time it was the pride of South

Carolina to call to her service the best talent in all the public

offices, State and national, and with one acclaim the people demanded

his services in Congress. Mr. Simpkins, the incumbent from the

Edgefield district, declined a re-election, that his legal partner, Mr.

McDuffie, might succeed him, and he was chosen by acclamation. He came

in at a time when talent abounded in Congress, and when the country was

deeply agitated with the approaching election for President. Almost

immediately upon his entering Congress an altercation occurred upon the

floor of the House between him and Mr. Randolph, which resulted in the

discomfiture of Mr. Randolph, causing him to leave the House in a rage,

with the determination to challenge McDuffie. This, however, when he

cooled, he declined to do. This rencontre of wit and bitter words gave

rise to an amusing incident during its progress.

Jack Baker, the wag and wit of Virginia, was an auditor in the gallery

of the House. Randolph, as usual, was the assailant, and was very

severe. McDuffie replied, and was equally caustic, and this to the

astonishment of every one; for all supposed the young member was

annihilated--as so many before had been by Randolph--and would not

reply. His antagonist was completely taken aback, and evidently felt,

with Sir Andrew Ague-cheek: "Had I known he was so cunning of fence, I

had seen him damned ere I had fought him." But he was in for it, and

must reply. His rejoinder was angry, and wanting in his usual biting

sarcasm. McDuffie rose to reply, and, pausing, seemed to hesitate, when

Baker from the gallery audibly exclaimed: "Lay on, McDuff, and damned

be he who first cries hold, enough!" The silence which pervaded the

chamber was broken by a general laugh, greatly disconcerting Randolph,

but seeming to inspire McDuffie, who went on in a strain of

vituperation witheringly pungent, in the midst of which Mr. Randolph

left his seat and the House. Here was a triumph few had enjoyed. Not

even Bayard, in his famous attack upon Randolph, when the latter first

came into Congress, had won so much. Every one seemed delighted. The

newspapers heralded it to the country, and McDuffie had a national

reputation. Everything seemed propitious for his fame, and every friend

of Mr. Calhoun felt that he had a champion in his _protégé_, who, in

good service, would return him fourfold for his noble generosity to the

boy.

The contest with Cumming whetted more sharply the edge of the animosity

between Georgia and South Carolina. The two were considered the

champions of their respective States, as also the chosen knights of

their respective friends--Crawford and Calhoun. The States and the

friends of the parties in this quarrel very soon arrayed themselves in

antagonism, which was made personal on many occasions, and between many

parties. The young were especially prominent in their demonstrations of

hostile feeling, not excepting the belles of the respective States.

Between them, I believe, it never went beyond words; but they were

frequent in conflict, and sometimes very bitter and very witty ones

escaped from lovely lips, attesting that the face of beauty was

underlaid with passion's deformity. With the young gallants it went to

blows, and, on a few occasions, to more deadly strife; and always

marred the harmony of the association where there were young

representatives of both States. On one occasion of social meeting at a

public dinner-party in Georgia, a young South Carolinian gave as a

sentiment: "George McDuffie--the pride of South Carolina." This was

immediately responded to by Mirabeau B. Lamar, the late President of

Texas, who was then young, and a great pet of his friends, with

another: "Colonel William Cumming--

"The man who England's arms defied,

A bar to base designers;

Who checked alike old Britain's pride

And noisy South Carolina's."

The wit of the impromptu was so fine and the company so appreciative,

that, as if by common consent, all enjoyed it, and good feeling was not

disturbed.

McDuffie was not above the middle size. His features were large and

striking, especially his eyes, forehead, and nose. The latter was

prominent and aquiline. His eyes were very brilliant, blue, and deeply

set under a massive brow--his mouth large, with finely chiselled lips,

which, in meeting, always wore the appearance of being compressed. In

manners he was retiring without being awkward. His temperament was

nervous and ardent, and his feelings strong. His manner when speaking

was nervous and impassioned, and at times fiercely vehement, and again

persuasive and tenderly pathetic, and in every mood he was deeply

eloquent.

In the after period of life these antagonists were, through the

instrumentality of a noble-hearted Hibernian, reconciled, and sincerely

so--both regretting the past, and willing to bury its memory in social

intimacy. McDuffie married Miss Singleton, of South Carolina, one of

the loveliest and most accomplished ladies of the State.

Owing to the wound received in the duel with Cumming, his nervous

system suffered, and finally his brain. The ball remained imbedded in

the spine, and pressed upon the spinal chord. An attempt to remove it,

the surgeons determined, would be more hazardous to life than to permit

it to remain. There was no remedy. From its effects his mind began to

decay, and finally perished, leaving him, long before his death, a

melancholy imbecile. In all the relations of life this great man was

faithful to his duties--a devoted husband, a sincere friend, a kind

neighbor, and a considerate and indulgent master to his slaves. He was

one of those rare creations for which there is no accounting. None of

his family evinced more than very ordinary minds; nor can there be

traced in his ancestry one after whom his nature and abilities were

marked. His morals were as pure and elevated as his intellect was grand

and comprehensive, and his soul was as lofty and chivalrous as the

Chevalier Bayard's. His fame is too broad to be claimed alone by South

Carolina. Georgia is proud of giving him birth, and the nation

cherishes his glory.

The Memories of Fifty Years Containing Brief Biographical Notices of Distinguished Americans, and Anecdotes of Remarkable Men; Interspersed with Scenes and Incidents Occurring during a Long Life of Observation Chiefly Spent in the Southwest · 第 7 / 33 章