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 UNITED STATES OF AMEKIOA. 
 
THE LIFE AND SERVICES 
 
 ,T^.*' 
 
 Ex-GovERNOR Charles Jones Jenkins, 
 
 AMEI 
 
 CHARLES COLCOCK JONES, Jr., LL.D. 
 
 ATLANTA. GA.: 
 Ja8. p. Harrison & Co., Printkks and Binders. 
 
 IK"-']. 
 
THE LIFE AND SERVICES 
 
 EX-GovERNOR Charles Jones Jenkins. 
 
 A MEMORIAL ADDRESS 
 
 Delivered before the General Assembly of Georgia, 
 in the Hall of the House of Representa- 
 tives, at the Capitol, in Atlanta, 
 on the 23d of July, 1883: 
 
 BY 
 
 CHARLES C. JONES, Jr., LL.D. 
 II 
 
 IN ARDUIS FI DELIS. 
 
 ATLANTA, GEORGIA : 
 
 Jas. p. Harrisjx & Co., Printers and Publishers. 
 
 1884. 
 
 ^fflI^■ 
 
3^^ 
 
Resolved by the Senate, the House of Rejpresentatives concurring, 
 that the thanks of the General Assembly be tendered to the Hon. C. 
 C. Jones, Jr., for the learned, able, and eloquent address delivered 
 before the General Assembly on the occasion of the ^Memorial Exer- 
 cises in honor of Ex-Govenror Charles J. Jenkins. 
 
 Resolved, further, that five hundred copies of the address be printed 
 for distri1>ution among the members. 
 
 JA3IES S. BOYNTON, 
 
 President of the Senate. 
 
 Wm. AUGUSTUS HARRIS, 
 
 Secretary of the Senate. 
 
 AV. R. RAXKIX, 
 
 Pro.iem. Speaker of the House of Representatives. 
 M. A. HARDIN, 
 
 Clerk of the House of Representatives. 
 
MEMORIAL ADDRESS. 
 
 Mr. President, Gentlemen of the General Assembly of 
 Georgia, Ladies, and Fellow-citizens : 
 
 The characters and acts of those who influenced the cur- 
 rent of public events, were complimented with positions of 
 trust and honor, maintained an exalted standard of excel- 
 lence in the community in which tjiey resided, and promot- 
 ed the mental, moral, and material development of their age 
 and State, are eminently worthy of narration. Meet it 
 is that exhibitions of superior virtue, marked intelligence, 
 and unusual endowments should not be forgotten, A live- 
 ly remembrance and a faithful record of them will be 
 deemed a matter of simple justice to those whose sphere of 
 life was embellished by their display, will be regarded as a 
 loyal acknowledgment from contemporaries who shared 
 their confidence, were elevated by their companionship, and 
 were witnesses of their nobleness, and will constitute an 
 abiding ensample for the guidance and the emulation of 
 the coming generations. Great men are the glory of the 
 nation. Purity, honesty, courage, fidelity and patriotism 
 are cardinal traits, and that life is precious which was dig- 
 nified by a constant and illustrious manifestation of them. 
 
 I*eculiarly grateful is the retrospect, most pleasing the 
 recollection, when the virtues of which we speak were ap- 
 parent in our own times; when the exalted manhood and 
 the excellences we register appertain to our immediate 
 annals. 
 
6 Life and Services of Hon. C. J. Jenliins. 
 
 And now, in the beautiful language of another, we 
 " hardly know what measure to observe in our praises of 
 him who was singula) ly averse to over-statement, who never 
 listened approvingly to flattery when living, and whose 
 memory asks only the white roses of truth for its funeral 
 garlands."* 
 
 The Hon. Chakles Jones Jenkins was born upon the 
 paternal plantation known as the " Grimhall Bill Placed' 
 in Beaufort District, South Carolina, on the 0th of January, 
 1805. His father, whose full name he bore, at the time of 
 the birth of the subject of thi^ memorial, was the Ordinary 
 of Beaufort District. To that office had he been elected by 
 the General Assembly of the State. Prior to this, he had 
 for some years filled the ofiice of Clerk of the Court of 
 Common Pleas. In 1816 he removed to Jetferfon county, 
 Georgia, where he purchased a tract of land and led the 
 quiet life of a planter. 
 
 A year or two previous to this change of residence, young 
 Jenkins 'liad been put to school in Savannah, where the ad- 
 vantages for acquiring an education were deemed most 
 favorable. Being an only child, and of a thoughtful, 
 studious habit, his parents were solicitous that he t-hould 
 enjoy instruction at the hands of the best teachers within 
 convenient reach. To that end he was at one time a pupil 
 of the Rev. Mr. Sweet in Bryan county ; at another, of Mr. 
 Beman at Mount Zion, in Hancock county ; and finally, of 
 Dr. Moses Waddell. When Mr. Jenkins entered the Will- 
 ington Academy, in Abbeville District, South Carolina, Dr. 
 Waddell had in large measure entrusted its conduct to his 
 son, reserving to himself only a general supervision over it. 
 This was and had been a noted institution of learning. 
 John C. Calhoun, McDuflie, Pettigru, Longstreet, and 
 others scarcely less distinguished, had sat upon its benches, 
 and there acquired that preliminary education which con- 
 
 *Dr. 0. W. Holmes' eulogy upon Emerson, May 11, 855 
 
Life and Services of Hon. C. J. Jenkins. 
 
 duced so surely to their intellectual development and 
 professional success in after years. 
 
 While Mr. Jenkins was a pupil at this academy, Dr. 
 Waddell received and accepted a call to the presidency of 
 Franklin College, at Athens, Georgia. Accompanying Dr. 
 Waddell, he repaired to that town and, in 1819, entered the 
 grammar school for the completion of his preparatory 
 studies. The following year he matriculated as a Freshman 
 half advanced. Until February, 1822, he continued to pur- 
 sue his studies as a member of Franklin College. He then 
 took his dismission and entered Union College, at Schenec- 
 tady, New York. Dr. Eliphalet Nott was then the president 
 of this institution, which enjoyed an enviable reputation. 
 Graduating third on the merit roll of his class, Mr. Jenkins 
 received his diploma from that college in 1824-. He was a 
 member of the Phi Beta Kappa Society ; and, just fifty years 
 after graduation, responding to an invitation, he delivered 
 the anniversary address before that society within the walls 
 of his alma mater. Senator Ira Harris, a classmate, who 
 had borne off the first honors a half century agone, was 
 present on this interesting occasion and introduced Gov. 
 Jenkins to the vast audience there assembled. Intermtdi- 
 ately he had been complimented by Union College with 
 the degree of LL. D., and he stood before that multitude 
 crowned with honors and full of years. 
 
 His collegiate course ended, Mr. Jenkins returned to 
 Georgia and became a student of law in the otifice of the Hon. 
 J. McPherson Berrien, in Savannah. Judge Berrien had re- 
 tired from the bench of the Superior Courts of the Eastern 
 Circuit, and was then in the enjoyment of a lucrative and 
 influential practice. Warmly did he welcome Mr. Jenkins, 
 and careful was the attention bestowed by this distinguished 
 juiist upon the legal training of hisyoung friend, who spent 
 most of his time in the private study and law office at the 
 residence of the Judge. Under such favoring circumstances, 
 the progress made in mastering the principles of the learned 
 
8 Life and Services of Hon. C. J. Jenkins. 
 
 profession to which he had given his allegiance was rapid 
 and satisfactory. Within the entire circle of the profession 
 no more capable instructor could have been found. The 
 pupil, too, was loyal to the last degree. 
 
 While Mr. Jenkins was thus pursuing his law studies in 
 Savannah, Judge Berrien was elected to a seat in the Sen- 
 ate of the United States and departed for Washington. 
 Having completed the prescribed course of reading, Mr. 
 Jenkins was called to the Bar in Screven county, Georgia, 
 in April, 1826. His examination was had before Judge 
 William Schley. A month afterwards he opened a law- 
 office in Sandersville, Washington county, where he con- 
 tinued to reside and to practice his profession until his 
 removal to Augusta in April, 1829. 
 
 Washington county was then a fine agricultural region. 
 Many wealthy planters there abode. In association with 
 the adjacent territory, Sandersville afforded an excellent 
 field for a young lawyer. Improving his opportunities Mr. 
 Jenkins soon acquired honorable fame at the bar, and se- 
 cured a valuable clientage in his circuit. In this he was 
 materially assisted by his friend, the Hon. Absalom H. 
 Chappell, who, having built up an extensive practice at San- 
 dersville, was about changing his residence to Forsyth. He 
 very kindly turned over to Mr. Jenkins his pending causes 
 and unfinished business, and recommended his clients, when- 
 ever in need of legal aid, to secure the services of his young 
 friend. 
 
 State politics, to use a common expression, were then run- 
 ning high, and the Troup and Clarke parties were vigorously 
 arrayed against each other, Mr. Jenkins allied himself 
 with the Troup party and manifested a lively interest in 
 the issues of the day. 
 
 Much given to calm reflociion, with a maturity of judg- 
 ment beyond his }ears, — a careful and conscientious stu. 
 dent, — scrupulous in the discharge of the obligations devolv- 
 ing upon him, — possessing a liberal education and an ever 
 
Life and Services of Hon. C. J. Jenkins. 9 
 
 present thirst for knowledge, — bold and intelligent in the 
 expression of his convictions, and yet tolerant of the opin- 
 ions of others, — public spirited, courteous and affable in 
 his intercourse, — a ready and effective speaker, persuasive, 
 logical, and eloquent, — and with a character pure and deci- 
 ded in all the elements which unite in the formation of 
 true Christian manhood, Mr. Jenkins, upon the threshold 
 of his professional and public life, commanded the respect 
 and esteem of the community in which he dwelt, and ex- 
 hibited those exalted traits which in after years remained 
 unchanged, winning for him the confidence, the regard, and 
 the honor of his fellow men. 
 
 With a view to enlarging the sphere of his professional 
 employment, Mr. Jenkins removed to the city of Augusta 
 in April, 1&29, and there established his law-office. He 
 continued, however, to ride his old circuit and retained, in 
 the main, the clients he had gained during his residence in 
 Sandersville. At the very first election at which, under the 
 laws of Georgia, he was entitled to vote, upon this change 
 of county abode, he was elected a member of the Legislature 
 from Richmond county ; a compliment all the more grat- 
 ifying because the nomination for the office was on his part 
 wholly unsolicited. Mr. Charles Carter was the opposing 
 candidate. 
 
 In 1831 he was elected Attorney General of the State of 
 Georgia and Solicitor of the Middle Circuit. The discharge 
 of the duties appertaining to this responsible position 
 brought hi.n prominently into public notice, and the fidelity 
 and the ability with which he met the obligations incident 
 to his station confirmed and widened the reputation for 
 probity, courage, legal acumen and eloquence which had 
 already been so freely accorded. 
 
 Before the expiration of his term of office Attorney 
 General Jenkins resigned and became a candidate for the 
 Legislature. He was defeated. The following year he again 
 offered for the same position, and failed of an election at 
 
10 Life and Services of Hon. C. J. Jenkins. 
 
 the hands of the voters of Richmond county. Parties had 
 now become national in their character, and the Democrats 
 were in tlio majority. Mr. Jenkins was in active sympathy 
 with the Whigs. The tide turning in 1836, he was in that 
 year elected a member from Richmond county of the Lower 
 House of the General Assembly. For each of the five 
 following years was he returned ; but, in 1842, he suffered 
 defeat on account of his connection with, And support of, 
 what, was termed the Algerine Law. 
 
 In 1841 a memorial, signed by many large tax-payers and 
 influential citizens, was presented to the General Assembly 
 praying the creation of an additional Board of Aldermen 
 for the city of Angusta who should be charged with the 
 administration of the finances of the city. Upon all ques- 
 tions involving the raising and disbursement of municipal 
 moneys that Board was authorized to exercise a veto power. 
 In the conduct of the ordinary affairs of the city its mem- 
 bers could utter no voice and exercise no control. They 
 were to be elected by the owners of real estate situated 
 within the corporate limits of Augusta, upon whom the 
 burden of taxation chiefly devolved. There being no op- 
 position, a bill carrying into effect the prayer of the petition 
 readily received legislative sanction. The Hon, Andrew J. 
 Miller was then the Senator from Richmond, and Mr. Jen- 
 kins a member of the Lower House. 
 
 No sooner, however, was this legislation generally known 
 and discussed at home, than there arose an adverse clamor 
 which originated with and was principally maintained by 
 the masses who practically had but trifling pecuniary inter- 
 est in the measure. The main objection urged was that a 
 restriction had been placed upon the freedom of the ballot 
 box. A mechanic, by the name of Walker, denounced the 
 act in emphatic terms and led the popular oppo.-ition to its 
 enforcement. It was he who gave to it the name of the 
 Algerine I^aiv^ which really possessed neither significance 
 nor relevancy, i-ave that the epithet was supposed to carry 
 
Life and Services of Hon. C. J. Jenkins. 11 
 
 with it a suggestion of all that was abhorrent, without war- 
 rant, and distasteful. The act was repealed at tlie next 
 session of the Legislature. Believing the .'aw to be whole- 
 some in its provisions, Mr. Jenkins refused to bend before 
 the popular will. lie was leturned to the General Assem- 
 bly in 1813, and was re-elected to the Lower House in ISIS, 
 in 1817, and again In 1819. The elections which hitlierto 
 had occurred annually were now biennial. 
 
 In illustration of the esteem in which he was' held, and 
 as an £,cknowledgment of his influence in the' legislative 
 assemblies of the State, it will be remembered that he was 
 elected Speaker of the House of Representatives in 1810, 
 again in 1813, and a third lime in 1815. That he presided 
 with impartiality, dignity, courtesy, and ability, was uni- 
 versally conceded. It would not be an exaggeration to 
 affirm that among the law-makers of Georgia none may be 
 named more conservative in his views, more; jealous of the 
 public good, more liberal in the support of all measures 
 conducive to the general welfare, or more uncompromising 
 in his opposition to any legislation of questionable repute, 
 than the 6ul)ject of this Memorial. Instant in season and 
 out of season in his cordial advocacy of educational, indus- 
 trial, moral, and political reforms, the records of the period 
 abound with the proofs of his constant and intelligent de- 
 votion to the best interests of his State and constituents. 
 
 With an extensive acquaintance, surrounded by warm 
 friende and admirers, with a well-earned reputation for all 
 that was honest in purpose, chivalrous in conduct, manly 
 in utterance, trustworthy in conception, and attractive in 
 demeanor — clear in his apprehension of the right, and 
 potent in his ad /ocacy of the true and the beautiful — he 
 was now a central figure in the convocations of the people, 
 alike in social gatherings, i.j deliberative assemblies, in occa- 
 sional concourses, and at the Bar. The association of his 
 name with the affirmative of any proposed measure was an 
 earnest of its genuine merit and an augury of its success. 
 
12 Life and Services of Hon. C. J. Jenkins. 
 
 In 1836, when the construction of the Western and At- 
 lantic Raih-oad was under discussion, Mr. Jenkins was num- 
 bered among the warmest supporters of tlie bill which gave 
 to the State of Georgia this valuable internal improve- 
 ment. 
 
 During the session of 1849-50, the Democratic party 
 was in the majority in the Legislature. Two bills were in- 
 troduced, one suggesting changes in tlie Congressional, and 
 the other modifying the Senatorial Districts. Tliese were 
 Democratic measures conceived with a view to strengthen- 
 ing the party. As the time approached for their passage, 
 it so chanced that many of the Democratic members were 
 absent from Milledgeville. When the first bill was up for 
 final consideration a scheme was devised by some of the 
 Whig members to withdraw from the House and thus leave 
 it without a quorum. Mr. Jenkins was requestea to par- 
 ticipate in this movement, inaugurated in the interest of 
 his own party and supported by some of his warmest po- 
 litical friends. He responded that in his judgment such 
 action was revolutionary and unjustifiable. He declined to 
 countenance the affair, and, through his influence, the con- 
 tem plated action was frustrated. 
 
 When the Senatorial bill was reached, however, the 
 Whig members did withdraw, with the exception of Mr. 
 Jenkins, who, adhering to his convictions, remained in his 
 seat, despite the earnest entreaties of his friends that he 
 would adopt the course pursued by them. The withdrawal 
 of the Whig members robbed the House of a quorum for 
 the transaction of business, and a dead lock ensued which 
 was broken only after the lapse of several days bj the re- 
 turn of absent Democratic members. During this time 
 Mr. Jenkins was the only Whig member of the House in 
 his seat. We recall this incident in illustration of the 
 moral heroism and conscientious adherence to duty dis- 
 played by him, not only on this occasion, but at other times 
 and in ways even more emphatic. With him friendships 
 
Life and Services of Hon. C. J. Jenkins. 13 
 
 were strong and party aftiliations not without their admit- 
 ted claims upon his sympathy ; but, above and beyond 
 them all, he recognized his obligations to conscience and 
 duty, and followed, irrespective of consequences, the dic- 
 tates of his calm, unbiased, enlightened judgment. 
 
 Before the close of this session of the Legislature Mr. 
 Jenkins resigned his seat and returned home. 
 
 The year eighteen hundred and fifty was filled with po- 
 litical excitement and apprehension. Then were heard the 
 mutterings of that storm which, ten years afterwards, 
 descended like night upon a war-con vulted land. Georgia, 
 in common with her sister Southern States, was greatly 
 agitated upon the question of the acceptance or rejection of 
 the pending Compromise measures. A State Convention 
 was called to consider the emergency and to suggest a 
 remedy for existing grievances. In the election of mem- 
 bers of that Convention Union men were returned by a con- 
 siderable majority. Among that number was Mr. Jenkins, 
 and he it was who reported the resolutions, adopted by the 
 Convention, which have passed into history as the "Geor- 
 gia Platform of 1850." 
 
 Important as that document is, and memoraijle as it was 
 in its influence at the time of its adoption, we make no 
 apology for reproducing it now in illustration of the style 
 of composition, thought, and statesmanship of Mr. Jenkins 
 at an epoch of unusual political excitement and peril, 
 
 " To the end that the position of this State may be clearly 
 apprehended by her Confederates of the South and of the 
 North, and that she may be blameless of all future conse- 
 quences, 
 
 " Be it resolved by the People of Georgia in Convention 
 assembled, 
 
 "First: That we hold the American Union secondary in 
 importance only to the rights and principles it was designed 
 to perpetuate. That past associations, present fruition, and 
 
14 Life and Services of Hon. C. J. Jenkins. 
 
 future prospects will bind as to it so long as it continues to 
 be the safeguard of those rights and principles. 
 
 "Second : That if the Thirteen Original Parties to the 
 compact, bordering the Atlantic in a narrow belt while their 
 separate interests were in embrj^o, their peculiar tendencies 
 scarcely developed, their revolutionary trials and triumphs 
 still green in memory, found Union impossible without com- 
 promise, the Thirty-one of this day may well j'ield somewhat, 
 in the conflict of opinion and policy, to preserve that Union 
 which has extended the sway of Republican Government 
 over a vast wilderness to another ocean, and proportion- 
 ality-advanced their civilization and national greatness. 
 
 "Third : That in this spirit tiie State of Georgia has ma- 
 turely considered the action of Congress, embracing a series 
 of measures for the admission of California into the Union, 
 the organization of Territorial Governments for Utah and 
 New Mexico, the establishment of a boundary between the 
 latter and the State of Texas, the suppression of the slave- 
 trade in the District of Columbia, and the extradition of 
 fugitive slaves, and (connected with them) the rejection of 
 propositions to exclude slavery from the Mexican Territories 
 and to abolish it in the District of Columbia; and, whilst 
 she does not wholly approve, will abide by it as a perma- 
 nent adjustment of this sectional controversy. 
 
 "Four'h: That the State of Georgia, in the judgment of 
 this Convention, will and ought to resist even (as a last re- 
 sort) to a disruption of every tie which binds her to the 
 Union, any future act of Congress abolishing slavery in the 
 District of Columbia without the consent and petition of 
 the slave-holders thereof, or any Act abolishing slavery in 
 places, within the slaveholding States, purchased by the 
 United States for the erection of forts, magazines, arsenals, 
 dock-yards, navy -yards, and other like purposes; or any Act 
 suppressing the slavetrade between slaveholding States ; 
 or any refusal to admit as a State any Territory applying, 
 because of the existence of slavery therein ; or any Act pro- 
 
Life and Services of Hon. C. J. Jenkins. 15 
 
 hibiting the introduction of slaves into the Territories of 
 Utah and New Mexico ; or any Act repealing or materially 
 modifying the laws now in force for the recovery of fugi- 
 tive slaves. 
 
 "Fifth : That it is the deliberate opinion of this Conven- 
 tion that upon the faithful execution of the Fugitive Slave 
 Bill by the proper authorities depends the preservation of 
 our much loved Union." 
 
 The summer of 1851 was passed by Mr. Jenkins at the 
 North in quest of health and relaxation. While in Charles- 
 ton, South Carolina, on his journey homeward, he was ad- 
 vised by a daily paper that nominations of candidates for 
 the Legislature had been made in Kichmond county and 
 that his name did not appear upon the ticket. This an- 
 nouncement caused no little surprise, because, prior to his 
 departure from Augusta, he had been assured that he would 
 be returned to the House. Arriving at home he sought an 
 early interview with his intimate fiiend, Colonel Henry H. 
 Cumming, who informed him that his name was left off the 
 ticket at the request of his friends because they desiied to 
 press his claiins upon the next General Assembly to a seat 
 in the Senate of the United States. Judge Berrien's term 
 of service was drawing to a close. He had rendered him- 
 self unpopular in Georgia, and the prospect of his re elec- 
 tion seemed more than doubtful. Under the circumstances 
 Mr. Jenkins, in all candor, counseled Judge Berrien to re- 
 tire from the contest ; but, refusing to be thus persuaded, 
 he declared his intention to maintain his candidacy to the 
 bitter end. This determination was embarrassing to Mr. 
 Jenkins. For Judge Berrien there was no hope of success, 
 and such were the relatione existing between these gentle- 
 men that so long as he remained in the field Mr. Jenkins 
 felt constrained not only to withhold the use of his name 
 in connection with the otHce of United States Senator from 
 Georgia, but also to exert his active influence in furthering 
 
16 Life and Services of Hon. C. J. Jenkins. 
 
 the re-election of Senator Berrien. He accordingly went 
 to Milledgeville upon the assembling of the Legislature 
 that he might communicate personally witii the members 
 and ascertain what could be accomplished in advancing the 
 interests of Judge Berrien, Immediately upon his arrival 
 he was waited upon by the Hon. Edward Y. Hill, and the 
 Hon. nines Holt, both classmates and warm friends of 
 Mr. Jenkins. They were avowed candidates for the office 
 of Senator of the United States, and were then engaged in 
 pressing their respective claims upon the favorable notice 
 of the members of the General Assembly. With a frank- 
 ness, cordiality, and generosity quite remarkable, they stated 
 to Mr. Jenkins that hearing his name connected with the 
 Senatorship they sought the earliest opportunity of assuring 
 him that if he was a candidate for that position they would 
 not only at once and cheerfully withdraw in his favor, but 
 unite in promoting his success. At the same time they re- 
 quested an immediate answer, as any delay would prove 
 prejudicial. Thanking them for their great kindness, and 
 explaining to them the situation in which he found himself 
 with regard to the candidacy of Judge Berrien, who still 
 refused to retire from the contest, Mr. JenkinsTesponded 
 that so long as Senator Berrien remained in the field he 
 could not permit the use of his name in association with the 
 office of Senator. He therefore, under existing circum- 
 stances, felt constrained to say to them he was not and 
 could not be a candidate before the present General Assem- 
 bly for the senatorial office. The Hon. Robert Toombs was 
 also a candidate, but it was intimated and pretty generally 
 understood that he would not have antagonized Mr. Jenkins. 
 The next morning came a letter from Judge Berrien an- 
 nouncing his withdrawal from the contest. Had this intelli- 
 gence been received on the previous day, there is little doubt 
 but that arrangements would have been made which would 
 surely have resulted in the election of Mr. Jenkins to a seat 
 13 the Senate of the United States. 
 
Life and Services of Hon. C. J. Jenkins. 17 
 
 In organizirg his Cabinet in 1850, President Fillmore 
 tendered to Mr. Jenkins the portfolio of Secretary of the 
 Interior. In consequence, however, of important profes- 
 sional engagements (among them five retainers for the 
 accused in capital casee) he felt compelled to decline the 
 compliment. 
 
 In 1853, Mr. Jenkins was a candidate for the gubernato- 
 rial chair. His opponent in the race was that distinguished 
 and potent Georgian, the Hon. Herschel Y. Johnson. The 
 contest, although sharp, was conducted upon a dignified and 
 elevated plane and resulted in the election of Governor 
 Johnson by a majority of only a few hundred. In this can- 
 vass the question of union or disunion formed one of the 
 issues, and was freely discussed ; Mr. Jenkins espousing the 
 tenets and being the representative of the Union Party. 
 
 During the session of the convention of 1850, a split had 
 occurred in the Democratic Party in Georgia, and the Hon. 
 Howell Cobb was, in 1851, elected Governor by the Union 
 Party. In the nominating convention of that year Mr. 
 Jenkins was urged to allow the use of his name, but he de- 
 ■clined in favor of Mr. Cobb, whom he supported with great 
 €nergy and cordiality. In their joint canvass of the State 
 Governor Johnson was charged with being an avowed 
 secessionist and an advocate of prompt and decided action 
 on the part of Georgia and her sister Southern States, while 
 Mr. Jenkins, on the contrary, was recognized as espousing 
 the sentiments held by the Union Party, and as counseling 
 moderation and further delay. His chances before the 
 people were then somewhat affected and prejudiced by the 
 absurd changes which were rung upon his connection with 
 what was called the Algerine Law, and by the fact that, in 
 1852, he had been named as a candidate for Yice-President 
 of the Uuited States upon a ticket led by Daniel Webster. 
 In his political views Mr. Jenkins sympathized with the 
 Whig Party, and remained a member of it until it allied 
 itself with the Abolitionist Party of the North. 
 2 
 
18 Life and Services of Hon. C. J. Jenki^is. 
 
 The uext office to which Mr. Jenkinig was elected was 
 that of State Senator to^fiU the vacancy caused, in January, 
 1856, by the lamented death of the Hon. Andrew J, Miller. 
 
 In 1860, he was appointed by Governor Joseph E. Brown 
 an associate Justice of the Supreme Court of Georgia in 
 the stead of Judge Linton Stephens, resigned. In due 
 course the General Assembly ratified this selection, and he 
 remained upon the Bench of the Supreme Court during the 
 entire period covered by the war between the States. The 
 other members of the Court were Chief Justice Joseph 
 Henry Lumpkin, and Justice Kichard F. Lyon. 
 
 In an eminent degree was Judge Jenkins qualified for 
 the discharge of the duties involved in the exercise of this 
 important office. The opinions pronounced by him during 
 a term of rather more than five years of judicial service are 
 scholarly, erudite, and carefully considered. It so chanced, 
 in the distribution of the bufiness of the court, that it fell 
 to his lot to frame and deliver the judgment of that tribunal 
 upon some of the most important questions springing out 
 of the war and the abnormal condition of affairs thereby 
 engendered. In support of this assertion we need only 
 refer to the exhaustive and admirable opinions handed 
 down by him in the cases of Jeffers vs. Fair [33d Georgia 
 Reports, page 347] and Jones vs. Warren [34th Georgia 
 Reports, page 28], in which the constitutionality of the Con- 
 federate Conscript Acts is affirmed, and the validity of the 
 Enrolling Acts of the Confederate Congress is upheld. 
 
 President Jefferson Davis stated that he would gladly 
 have offered Judge Jenkins a seat in his Cabinet, but he 
 realized the fact that he could not be spared from the bench 
 of the Supreme Court of Georgia. His labors there were 
 invaluable to the Confederacy at crucial epochs. 
 
 Judge Jenkins always maintained the right of secession 
 from the Union on the part of a State, for substantial cause, 
 but he was clearly of opinion, when Georgia did secede^ 
 that no fit occasion had arisen for the exercise of that right. 
 
Life and Services of Hon. C. J. Jenkins. 19 
 
 lie believed that the Southern States, before withdrawing 
 from the Confederation, should have waited for some overt 
 act committed by the Lincoln administration. When, 
 however, Georgia passed her ordinance of secession, he re- 
 cognized the fact that hia supreme allegiance was due to 
 her; and, during the long and pain'ul struggle which en- 
 sued, he wavered not in his devotion to State and Confed- 
 eracy. 
 
 The disastrous close of the Confederate war for inde- 
 pendence found Judge Jenkins still upon the bench of the 
 Supreme Court. In 1865 he was elected a member of the 
 convention called to restore this Commonwealth to her 
 Federal relations which had been sundered by the ordinance 
 of secession and negatived by a protracted and bloody ap- 
 peal to arms. When nominated for the presidency of that 
 convention he declined the honor, preferring a place upon 
 the floor. As chairman of the committee which originated 
 business he rendered important service and bore a leading 
 part in the debates. The proposition to repudiate the State 
 debt, contracted during the progress of the war, met with his 
 unqualified condemnation. That this should be done, how- 
 ever, came as a mandate from the Federal Government, 
 communicated through the Provisional Governor. An 
 ordinance annulling that obligation finally received the 
 sanction of the Convention. So great was the pressure 
 hom. Washington that it could not at the moment be suc- 
 cessfully resisted ; and so the Convention became an instru- 
 ment in the hands of Federal authorities for the perpetra- 
 tion of this grievous wrong. 
 
 While still a Justice of the Supreme Court, Judge Jen- 
 kins was, without opposition, elected Governor of Georgia. 
 It was a noble expression of the confidence of the Common- 
 wealth in the loyalty and worth of one of her most dis- 
 tinguished sons — a testimony most exalted to his ability to 
 preside over public affairs at an epoch of uncommon diffi- 
 culty and perplexity. Never was trust more judiciously 
 
20 Life and Services of Hon. C. J. Jenkins. 
 
 reposed. Never was the responsibility of high office more 
 conscientiously or intelligently recognized. The honorable 
 James Johnson was then acting as Provisional Govemor, 
 his warrant derived from the Federal authorities, and Geor- 
 gia, as one of the States lately in arms, occupied a proba- 
 tionary attitude. The question of her preparedness for 
 restoration to full fellowship with the Northern sisterhood 
 was to be answered from a Federal standpoint. The pos- 
 ture of affairs was novel. The situation was encompassed 
 by embarrassmants most serious and perplexities beyond 
 enumeration. 
 
 As the season appro^iched for his inauguration, Governor 
 Jenkins was informed by Provisional Governor Johnson 
 that he had been instructed by the President to remain at 
 his post and to communicate from time to time to the 
 authorities at Was^hington whatever of moment should 
 transpire within the limits of the State. To this intima- 
 tion Governor Jenkins responded courteously but resolute- 
 ly. Affirming that he would not consent to share the 
 honor or the responsiblity of the cffice of Governor of 
 Georgia with any one, he declined to be inaugurated until 
 the question should be definitely settled. Here is his manly 
 letter : 
 
 "MiLLEDGEVILLE, ISl'H DECEMBER, 1^65. 
 
 His Excellency., James Johnson., Provisional Governor of 
 Georgia : 
 
 '' Dear Sir : — I have received your note of this morning 
 conveying to me the assent of his Excellency, the Presi- 
 dent of the United States, to my inauguration as Governor 
 of Georgia. I have also been waited upon by a Joint 
 Committee of the Senate and House of Representatives, 
 who have communicated to me your message of this morn- 
 ing and the accompanying telegram from his Excellency, 
 the President. In that his Excellency says : ' The Governor 
 elect will be inaugurated, which will not interfere with you 
 
Life and Services of Hon. C. J. Jenkins. 21 
 
 as Provisional Governor. You will receive instructions in 
 a few days in regard to being relieved as Provisional Gov- 
 ernor.' In conclusioi, after a very emphatic approval of 
 your official conduct, he adds: 'You will be sustained by 
 the Government.' 
 
 "Our condition is anomalous, and there are no prece- 
 dents in historv^ to which we can turn for light. I am ig- 
 norant of the extent of your powers as Provisional Gov- 
 ernor. I know that since your appointment you have done 
 many acts usually performed by the Governor elected and 
 installed under and by virtue of the Constitution of Geor- 
 gia, and have thereby promoted the convenience and inter- 
 est of our people. To what extent in contemplation of the 
 President, as understood by you, your powers will be cur- 
 tailed by my inauguration I am not informed. How far 
 the prerogatives exercised by you since the organization of 
 the General Assembly will be abandoned, I am ignorant. 
 Should I be inaugurated to-morrow, and should you receive 
 no further communication from the Pi-esident within a 
 month, it is evident that during that time there will be two 
 Governors of Georgia. It may be that as Provisional 
 Governor of Georgiayou have duties to discharge which do 
 not come within the purview of any constitutional duties. 
 
 "You, Sir, area Georgian, and knowing the powers that 
 will be conferred and the duties that will be devolved upon 
 me, when inauguratec'., by the constitution and laws of the 
 State, I most respectfully inquire whether those then re- 
 maining to you will lie to any extent within those limits? 
 If you reply affirmatively, it is manifest that there will be 
 danger of conflict, which I most earnestly desire to avoid. 
 I would then prefer that my inauguration should be post- 
 poned until it be the pleasure of the President to relieve 
 you. If you answer negatively, I shall indulge no prurient 
 curiosity as to your position, and will askj to be installed. 
 
 "I beg to assi re you, sir, that I stand upon no point of 
 ceremony, indulge no jealous suspicions of probable inter- 
 
22 Life and Services of Hon. C. J- Jenkins. 
 
 ference. I simply desire a better understanding of a novel 
 situation ; and fully appreciating the kindness that induced 
 his Excellency, the President, to yield his assent to my 
 inauguration, propose to adopt the course which will most 
 surely avoid all conflict. 
 
 "With many thanks for the courtesy and kindness you 
 have extended in ofiBcial intercourse with me, I am very 
 respectfully your obedient servant, 
 
 Charles J. Jenkins." 
 
 Some delay occurred. It was finally determined, how- 
 ever, by the General Government to interpose no obstacle 
 to the inauguration of Governor Jenkins, and Governor 
 Johnson was instructed, upon his induction into office, to 
 turn over to the Chief Executive of the people all public 
 papers and property appertaining to the State, and to retire 
 from hi3 position as Provisional Gcvernor. Pending the 
 settlement of this question the intercourse between the 
 Governor elect and the Provisional Governor was charac- 
 terized by the utmost courtesy, and all conflict of authority 
 was wisely and happily avoided. 
 
 The General Assembly, which had protracted its session 
 to compass the inauguration of Governor Jenkins, ad- 
 journed almost immediately after the solemnization of this 
 important event. 
 
 The Convention of 1865 had authorized the issue of bonds 
 to the amount of five hundred .thousand dollars to meet the 
 pressing wants of the State. These had been negotiated 
 with different banks and the sums thence realized had been 
 wholly expended. The treasury was empty. No taxes had 
 been collected for the current year, and the machinery of 
 the Commonwealth was sadly out of joint. The restoration 
 of Georgia to good order, repose, and prosperity rested 
 largely upon the shoulders of the Executive, and Governor 
 Jenkins applied himself to the task with a loyalty,.z-3al, and 
 ability worthy of all admiration. 
 
Life and Services of Hon. C. J. Jenkins. 23 
 
 Immense were the losses sustained by the State during 
 the Confederate Revolution. The graves of her sons hal- 
 lowed every battle-field where brave men had followed the 
 Red Cross to the death. Her slaves had been emancipated. 
 Her railways had been mutilated and well nigh annihilated. 
 Her plantations had been sacked, and penury and ashes 
 were everywhere. Of domestic animals and agricultural 
 implements the supply was most meagre. Labor was de- 
 moralized and the chariots of war, which had so ruthlessly 
 swept over the land, had left in their track only ruin and 
 desolation. The past was disappointment. The present 
 was confused by the wreck of institutions overturned, by 
 the uncertainties of the new order of affaire, and by appre- 
 hensions of continued disaster. The future was enshrouded 
 in commingled gloom, doubt, and mistrust. Painful was 
 the period and abnormal were the circumstances. To re- 
 create the State, to avoid further complications with the 
 Federal Government, to heal the wounds engendered by 
 the civil strife, to recall peace and comfort and prosperity, 
 and so to govern that whatever of hope and happiness and 
 welfare remained might be husbanded and augmented in 
 the interest of the sorely smitten Commonwealth, de- 
 manded the highest exertions of the statesman, the patriot, 
 and the philanthropist. 
 
 The address delivered by Governor Jenkins upon taking 
 the oath of office will long be remembered and treasured as 
 an utterance most sage and elevated. 
 
 " In the recent remodeling of their constitution," said he, 
 ■"the people of Georgia have acknowledged the Constitu- 
 tion, Laws, and Treaties of the United States as the supreme 
 law. This means something more than yielding of the 
 contest or an overture for restoration. It implies fidelity 
 to the supreme law in all future legislative, executive, and 
 judicial action, and in all future movements of the people 
 en masse. It implies a recognition of duty to and interest 
 in the whole country, as well as to and in the State of 
 
24 L^fe (ii'^d Services of Hon. C. J. Jenkins. 
 
 Georgia. It is of course predicated upon a reciprocal obli- 
 gation on tlie part of those to whom this pledge is renewed. 
 
 " The institution of slavery — the principal source of dis- 
 cord in the past — has been effectually eradicated from our 
 social and political systems. It can never again disturb the 
 harmony of our national deliberations without which th& 
 Federal Union must be a curse instead of a blessing. If 
 the whole people, repressing all promptings of sectional 
 feelings and interest, will faithfully observe and obey the 
 Federal Constitution, coming events will lift the veil which 
 now covers recent demonstrations of Providence, and dis- 
 close to their rectified vision, in striking contrast, ruin 
 caused by human folly and renovation wrought by Divine 
 wisdom. 
 
 " Let not our people yield to discouragement in view of 
 the tardy progress of reconstruction or of the suspicion and 
 distrust so palpably manifested towards them. Sustained 
 by conscious rectitude, let them maintain with calm and 
 resolute d'Ignity the position they have taken, and await the 
 result. A tempest of unsurpassed fury has swept over the 
 land. The elements do not subside into their normal quiet 
 instantaneously with the lull of the wind, the sleep of the 
 lightning, and the hush of the thunder. The smoke of an 
 hundred battles does not vanish in a moment. But the 
 atmosphere will clear ere long. Those who cannot now 
 see how men who recently fought with such desperation 
 against the United States can so soon become its real citi- 
 zens, will then look at us through a rectified medium. It 
 will occur to them that valor and truth are twin sisters, 
 born of magnanimity, whose womb never did nor never 
 will conceive treachery. They will then remember and 
 appreciate the historical fact that the States now returning 
 never confederated against the United States until each for 
 herself had, in open day and in the hearing of all mankind, 
 declared herself separate from that power. And although 
 they will still hold the act wrong in principle and void in 
 
Life and Services of Hon. C. J. Jenkins. 25 
 
 fact, they will find in it no taint of duplicity. They will 
 look in vain through all the sanguinary traces of war for 
 the trail of the serpent. In due time consistency will com 
 mand confidence ; and sincerity, like the diamond of the 
 first water, will assuredly win its own recognition. Then 
 our too suspicious judges will marvel less at our approved 
 fealty than at their own tardiness in discerning it. 
 
 " Be the process of reconstruction long or short, when con- 
 summated, our attitude will and must be that of strict 
 fidelity to the Union, of equality with our associates, and 
 of dignity sustained by our inner sense of unviolated in- 
 tegrity." 
 
 Referring to the status of the freed man, the Governor 
 continued: "It is undoubtedly true that during all the 
 years of his enslavement he has been marvelously kind> 
 profoundly content with his condition. And what shall be 
 said of his deportment during the last half decade of sad 
 memories? While you strong men were in the tented 
 field, far away from unprotected wives and children, he 
 cultivated their lands, tended their households, and re - 
 dered all servile observances as when surrounded by the 
 usual controlling agencies. And since the fiat of emanci- 
 pation, which he neither forced nor implored, although 
 sometimes unsettled in his purpose, and inconstant in his 
 service by contract, (the natural results of a transition so 
 sudden and so thorough), I take you all to witness that in 
 the main his conduct has been praiseworthy beyond all 
 rational expectation. Tell me not of instances of insub- 
 ordination as a slave, and of indecorum as a freedman, that 
 have transpired in certain localities or characterized partic- 
 ular individuals. These are exceptional cases, the general 
 rule being quit) otherwise. Dj our own race render unva- 
 rying obedience to the mandates of the law? Are our own 
 offspring through the years of minority always subordinate 
 to parental authority ? Shall then the less cultivated Afri- 
 can be held to a stricter accountability or bo judged by a 
 
26 Life and Services of Hon. C. J. Jenkins. 
 
 higher standard of moral rectitude? Tell me not the race 
 is ungrateful. The assertion is against the truth of tradi- 
 tion and experience. 1 here declare that, in my judgment, 
 their fidelity in the past, and their decorum under the dis- 
 tressing influences of the present are without a parallel in 
 history, and establish for them a claim upon our favoring 
 patronage. As the governing class, individually and col- 
 lectively we owe them unbounded kindness, thorough pro- 
 tection, incentives by moral suasion, by appeals to their 
 interest, and by just legal restraint, to do right that they 
 may do well. Their rights of person and property should 
 be made perfectly secure — so secure that they may realize 
 their freedom and its benefits — and of it they should be 
 encouraged and stimulated to make benefit. To this end 
 the courts must be opened to them, and they must be ah 
 lowed, in the assertion and defense therein of their rights 
 in civil and criminal cases, the testimony of their own race. 
 As essential to their well being, they should be guarded on 
 the one hand against the crafty machinations of the design- 
 ing, and on the other, against the fatal delusion of social 
 and political equality, 
 
 "God is merciful. God is mighty. God in his abounding 
 mercy and in the plenitude of his might so dispose our 
 fortunes and theirs that each class shall be to the other a 
 blessing and not a curse." 
 
 We give one more extract from this noble utterance : 
 
 "Peace restored — the machinery of government once 
 more put in operation — public and private enterprises 
 aroused from their long slumber — educational institutions 
 re-opened — our sacred temples aid our altars with their 
 holy ministrations frequented as of yore, and the blessing 
 of Almighty God overspreading and vivifying all earnest 
 effort, Georgia will illustrate the teachings of adversity by 
 speedily achieving an enlarged prosperity." 
 
 After a month's recess the Legislature reassembled. An 
 appropriation of $200,000 was made to purchase corn for 
 
Li^e and Services of Hon. C. J. Jenkins. 27 
 
 the poor of the State. A stay-law was enacted which Gov- 
 ernor Jenkins vetoed on the ground that it impaired the 
 obligation of contracts. Acting upon the suggestion con- 
 tained in this inaugural address, the General As3emblj 
 passed an act empowering persona of color to make and 
 enforce contracts, to sue and be sued, to give testimony in 
 the State courts, to inherit, purchase, lease, sell, hold and 
 convey property both real and personal, and to enjoy the 
 full and equal benefit of all laws and proceedings requisite 
 and customary for the security of person and estate. This 
 legislation exerted a beneficial influence. It evoked from 
 the General, commanding the Department in which Georgia 
 was included, an order securing to the State a partial resto- 
 ration of her civil rights and conceding jurisdiction to her 
 courts. 
 
 So complicated was this military machinery conceived 
 and operated for the government of the States lately associ- 
 ated in the Confederate Revolution — so numerous were the 
 interferences experienced at the hands of the Freedman's 
 Bureau — so annoying was the intervention of military com- 
 missions and treasury agents, nominally in quest of captured 
 and abandoned property, but really, in many instances, 
 intent upon plunder — and so oppressive the menace of mar- 
 tial law, that Governor Jenkins took occasion by public 
 proclamation to advise the citizens of Georgia of the pre- 
 cise status of affairs, that they might, in seasons of doubt, 
 annoyance, and distress, be the batter able to govern them- 
 selves promptly and intelligently. 
 
 Within five years almost four-fifths of the entire wealth 
 of Georgia had been either destroyed or rendered unpro- 
 ductive. Under the wise counsels and energetic measures 
 suggested by the Governor and sanctioned by the General 
 Assembly, much was accomplished in repairing the ravages 
 of war and in the restoration of law, order, and prosperity. 
 
 After a short session, during which the attention of the 
 members was chiefly directed to the consideration of local 
 
28 Life and Services of Hon. C. J. Jenkins. 
 
 matters, the Legislature adjourned to reassemble on the first 
 of November, 1866. 
 
 It was proposed by the Congress of the United States to 
 add a Fourteenth Article to the Constitution, Analyzing 
 the features of the suggested amendment, Governor Jen- 
 kins, in his message to the General Assembly, said : 
 
 " I ask yon to consider, however, why it is that you are 
 called upon to vote upon its adoption whilst your State had 
 no voice in its preparation ? The Constitution secures to 
 the States the one right as distinctly and as positively as 
 the other. Had your repreeentatives and those of other 
 States similarly situated been present, aiding in giving sub- 
 stance and form to it, possibly it might have come before 
 you a less odious thing. The policy seems to have been 
 first to push it, without their participation, beyond the stage 
 of amendment, and then say to them accept our bantling 
 or take the consequences. The omission of any material 
 part of the process of amendment makes the amendment 
 itself unconstitutional, null, and void. 
 
 " Should the States especially to be affected by this amend- 
 ment refuse their assent to it, it cannot be adopted without 
 excluding them from the count and placing its ratification 
 upon the votes of three-fourths of the now dominant States. 
 
 " It is said, however, that unless this concession be made, 
 the now excluded S'ates will be kept out of the halls of 
 Congress indefinitely. Were the amendment presented 
 with such a menace distinctly expressed, a higher motive 
 (if possible) than any hitherto suggested would prompt its 
 rejection. 
 
 " At the termination of hostilities it was right and proper 
 that the previously resisting States should, in the most 
 unequivocal and formal manner, abandon such resistance ; 
 should rescind all they had done in antagonism to, and do 
 whatever was necessary and proper to place themselves in 
 constitutional relation with, that government. All this, we 
 believe, Georgia has done. Beyond this, in acting upon 
 
Life and Services of Hon. C. J. Jenkins. 29 
 
 any proposed change in the fundamental law, even in this 
 critical juncture, my advice is that her legislators act with 
 the same intelligent judgment and the same unflinching 
 firmness that they would have exercised in the past or would 
 exercise in the future when in full connection and unam- 
 biguous position. Any other rule of action may involve 
 sacrifices of interest and of principle which magnanimity 
 would not exact, and self-respect could not make." 
 
 Moved by his brave counsels and sage views, the General 
 Assembly, after careful deliberation, declined to ratify the 
 proposed amendment. 
 
 During the entire period of his gubernatorial career 
 Governor Jenkins was harassed and embarrassed by the 
 reconstruction measures of Congress, by the arrogance and 
 annoying interference of the Military Commander assigned 
 to the almost autocratic control of the department embrac- 
 ing the States of Georgia, Alabama, and Florida, and by the 
 constant and pronounced intervention by the Federal 
 authorities in matters which appertained legitimately to the 
 province of home rule and the ordering of them by the 
 ■duly elected officers of the State. Opposed upon principle 
 to the Congressional plan of reconstruction, and persuaded 
 that both the laws promulgated and the acts perpetrated 
 under cover of them were oppressive and unconstitutional. 
 Governor Jenkins, on the 10th of April, 1867, filed, in 
 behalf of the State of Georgia, an original bill in the 
 Supreme Court of the United States, praying relief by a 
 temporary injunction restraining all proceedings under the 
 Reconstruction Acts until the final adjudication of the case, 
 and then asking a perpetual injunction against their enforce- 
 ment in the event that they should be shown to be null 
 and void as violating the fundamental law. 
 
 The scheme of this bill originated exclusively with the 
 Governor. In its elaboration and attempted enforcement 
 he enlisted the sympathies and secured the professional 
 services of eminent counsel led by the Hon. Jeremiah S. 
 
30 Z//e and Services of Hon. C. J. Jenkins. 
 
 Black and Mr. Charles O'Conor. Upon the hearing the 
 court was of opinion that inasmuch as there had been no 
 encroachment upon or violation of any property right of 
 the State of Georgia, no jurisdiction attached ; conse- 
 quently the bill was dismissed. 
 
 Subsequently however, when, under the operation of the 
 Reconstruction measures, Governor Jenkins was removed 
 by order of General Meade, and the usurping Military 
 Governor, General Ruger, took possession of the State 
 treasury, the public buildiugs, and the Western and Atlan- 
 tic Railroad, Governor Jenkins filed a second bill in behalf 
 of the State, bringing the complainant directly within the 
 purview of the decision rendered by the Supreme Court 
 upon the dismissal of the first bill. 
 
 The petitioner was met, however, by so many unexpected, 
 and in most instances provoking obstacles at the hands of 
 the Court, that before this second bill could be heard upon 
 its merits the Bulloch Legislature came into power and 
 ordered its discontinuance. 
 
 The truth is, the Supreme Court of the United States in 
 both cases avoided a frank and fair consideration of the 
 issue presented ; and postponed, by every conceivable 
 device, a decision of the questions raised by each bill. 
 
 It was truly mortifying and pitiable to behold the shifts 
 to which that august tribunal resorted. In more than one 
 instance the partisan was enveloped in the ermine of the 
 judge. 
 
 While in Washington in attendance upon the Supreme 
 Court and engaged in an earnest effort to evoke protection 
 for his oppressed Georgia, Governor Jenkins took occasion 
 to publish an address to the people of the State, in which 
 he counseled non-action under the military laws until the 
 question of their legality could be decided. 
 
 Upon his return home he was served with a communica- 
 tion from Major General John Pope, the military satrap, 
 calling his attention to the general order issued by him 
 
 i 
 
Life and Services of Hon. C. J. Jenkins. 31 
 
 when he assumed command of the District, informing him 
 • that State officers must confine themselves strictly to the 
 performance of their official duties, and "refrain from 
 using any influence whatever to deter or dissuade the people 
 from taking an active part in reconstructing their State 
 Governments under the act of Congress to provide for the 
 more efficient government of the Rebel States, and the 
 act supplementary thereto," and requesting to be ad- 
 vised whether Governor Jenkins, when he issued his 
 address to the people of Georgia, dated Washington, D. C, 
 April 10th, 1867, had seen or acquired knowledge of the 
 General Order alluded to. 
 
 In his response, while admitting that he had not, at the 
 time his address to the people of Georgia was prepared and 
 published, seen the order referred to, the Governor uses this 
 dignified and courageous language: " 1 supposed I was ex- 
 ercising such freedom in the public expression of opinion 
 relative to public matters as seems still to be accorded to 
 the citizens of this Republic, not imagining that it was 
 abridged by the accident of the speaker or writer holding 
 office. 
 
 " So much for the past, General, and I will only add that 
 in future I will do and say what I believe is required of 
 me by the duty to which my oath of office binds me ; and 
 this, I trust, will not involve either conflict or controversy 
 between us in the execution of our respective trusts ; as I 
 think it need not. Everything of this character I certainly 
 desire to avoid." 
 
 The conduct of General Pope each day becime more an- 
 noying, aggressive, and arbitrary. He intervened without 
 sufficient cause in the ordinary details of the civil adminis- 
 tration of the State. The Governor elected by the free 
 votes of citizens he styled pi^ovisional, and constantly al- 
 luded to his tenure of office as a mere matter of his military 
 and overruling pleasure. He interfered, even to the extent 
 of removing the incumbents from office, with the functions 
 
32 Life and Serv,ices of Hon. C. J. Jenlins. 
 
 of civil officers. Odious and unequal did he render the 
 operation of the Registration Laws. He attempted to 
 throttle the public press ; and, by published order, essayed 
 to con pel an expression of opinion alien to the sentiments 
 of the community. He even endeavored to influence the 
 mind of Judges ; and, from his military throne, sought to 
 play the role of a dictator. 
 
 In fine, he rendered himself so pronounced and obnoxious 
 in his zealous and partisan enforcement of the Reconstruc- 
 tion measures of a Radical Congress, that his rule became 
 intolerable to the peoples over whom he domineered, and 
 objectionable to the better mind of the Federal Adminis- 
 tration. Governor Jenkins, looking to the welfare and the 
 peace of the State, had long sought his removal. On sev- 
 eral occasions he had urged such a step upon the attention 
 of the President. To his praise be it spoken, President 
 Johnson, while admitting the advisability of the suggested 
 action, freely confessed his doubt whether, in the present 
 temper of the country and its prominent officers, a more 
 tolerable military ruler for the Department could be found. 
 He did yield, however, in the end, and substituted Major 
 General George G. Meade in the stead of the doughty war- 
 rior who, hello flagrante^ boastfully located his headquarters 
 in the saddle, and asserted that he had never looked except 
 upon the backs of his retreating enemies. It may not be 
 questioned that in this whole matter of reconstruction Pres- 
 ident Johnson sympathized with the Southern States in 
 their agony, and did what he could to lighten the miseries 
 and the burdens of their grievous situation. 
 
 It will never be doubted that Governor Jenkins during 
 his entire term of offic 3 exhibited on all occasions a Roman 
 virtue — a solicitude for the welfare of the State — an ener^v 
 and persistency in advocating, in the face of the greatest 
 difficulties, such measures as, in his wise and patriotic judg- 
 ment, were most expedient for the public good — an honesty 
 of purpose, — a fidelity, and a moral heroism than which 
 
Life and Services of Hon. C. J. Jenkins. 33 
 
 nothing higher, nobler, or purer could have been mani- 
 fested. Spotlees in character, blameless in life, faithful 
 in adversity, loyal to the traditions and the honor of his 
 people, he lives in the respect, the gratitude, and tlie affec- 
 tion of us all. In the annals of this State he will stand side 
 by side with the high-strung, the patriotic, and the invinci- 
 ble George M. Troup. 
 
 One of the earliest difficulties encountered by Governor 
 Jenkins in administering the crippled finances of the State 
 arose in the effort to provide for the payment of a debt 
 which had been contracted with the United States Govern- 
 ment during the administration of Provisional Governor 
 James Johnson. Upon the conclusion of the Confederate 
 war the Western and Atlantic Railroad — the property of 
 the State — was in a deplorable condition. Bereft, to a large 
 extent, of rolling stock, it was incapable of furnishing needed 
 transportation. The State treasury was bankrupt. Just 
 then the United States Government offered for sale a large 
 amount of rolling stock concentrated in Tennessee. Gov- 
 ernor Johnson sent an agent thither who effected a purchase 
 in behalf of Georgia, and upon a credit of two years, of some 
 four hundred thousand dollars' worth of cars and railway 
 supplies. 
 
 Shortly after Governor Jenkins' inauguration a demand 
 was made upon the State of Georgia, by the Federal officer 
 specially charged with the sale of this railway property, for 
 the immediate payment of one twenty-fourth part of the 
 purchase moneys, and interest on the balance. Similar 
 payment was to be exacted each month until the entire debt 
 should be discharged. An alternative proposition was sub- 
 mitted on the part of the creditor. Should bond and 
 security be given, the purchaser might enjoy a credit of two 
 years from date of purchase. 
 
 The treasury of Georgia, as we have seen, was then in an 
 empty condition, and time was requisite for the collection 
 of taxes. Governor Jenkins was under the impression that 
 3 
 
34 Life and Services of Hon. C. J. Jenkins. 
 
 the original contract of purchase extended to the State of 
 Georgia a credit of two years upon the purchase, and that 
 nu security, beyond the faith of the State, had been either 
 contemplated or asked. 
 
 Under the pressure of the demand he communicated with 
 Mr. Stanton, the Secretary of War, who curtly responded 
 that if the Agent of the Government was seeking to exact 
 anything outside the terms of the contract, he would inter- 
 vene ; but .if, on the contrary, he was simply adopting 
 measures for the enforcement of the contract, he could do 
 nothing in the premises. 
 
 Governor Jenkins thereupon wrote to General George 
 H. Thomas, who was then in command of Tennessee where 
 the purchase had been made, stating to him what he under- 
 stood the contract of purchase to be, as gathered from rep- 
 re-entations made by the Agent of ihe Provisional Governor 
 of Georgia who had been charged with the negotiation, and 
 inquirinsr, if the General Assembly of Georgia should 
 authorize the Governor of the State to execute a bond in 
 behalf of the Commonwealth conditioned for the payment 
 of the purchase money at the expiration of two years from 
 the date of the contract, whether such an arrangement would 
 be satisfactory to the Federal authorities. 
 
 General Thomas responded in the affirmative. The Gen- 
 eral Assembly being in session, Governor Jenkins laid the 
 matter before it and an act was quickly passed empowering 
 the Governor to execute and deliver the bond. A certified 
 copy of the Act, and the bond in proper form, were duly 
 forwarded to General Thomas, and Governor Jenkins sup- 
 posed that the affair was accommodated. 
 
 Soon, however, there camj a demand for the payment of 
 another twenty-fourth part of the indebtedness, and 
 interest to date on the balance. Surprised, Governor 
 Jenkins lost no time in communicating with General 
 Thomas, wlio replied that he regarded the bond simply 
 as a formal acknowledgment on the part of the State 
 
Lije and Services of Hon. C. J. Jenkins. 35 
 
 of the exi-ting debt, and that inasmuch as no security 
 had been given for its payment, collection must be enforced 
 in equal monthly payments until the obligation was dis- 
 charged. Having occasion to visit the North upon a mat- 
 ter coimected with the finances of the State, Governor Jen- 
 kins stopped in Washington and had a personal interview 
 with Secretary Stanton. We received from the Governor's 
 lips the following narrative of what then transpired : "Af- 
 ter I had niade my statement, to which the Secretary lis- 
 tened attentively, Mr. Stanton said he could recognize no 
 distinction between a State and a private individual in the 
 matter of the purchase, and affirmed that he could do noth- 
 ing for the relief of Georgi'-i. I responded : Well, Mr. 
 Secretary, with your permission, I take issue withyou right 
 here. When I was a law student I was taught that there 
 existed a courtesy between governments or nations, and that 
 credits between them stood upon a footing different from 
 that applicable to the transactions arising between private 
 individuals. He had made no suggestion that Georgia was 
 not a State. After arguing the point at some length, 1 said. 
 'Mr. Secretary, I did nut think I should live to see the day 
 when the Government of the United States would propose 
 to send the Governor of one of the States out into the com- 
 munity to seek for personal security to a money contract of 
 the commonwealth. I cannot so far lower the dignity of 
 Georgia.' While I was speaking, Mr. Stanton sat gazing 
 into the fire-place. Asl naade the remark he turned quickly 
 upon me, and, looking me full in the eye, said : 'Governor, 
 will you be good enough to present in writing the views 
 you have just expressed in regard to the courtesy due to a 
 State under the circumstances of this case, and send them 
 tome? I will consider them.' I replied : 'I will do so, 
 with pleasure, Mr. Secretary.' 1 did commit my views to 
 paper, and I sent them to him the same day. When next 
 I called upon him he remarked: ' Governor, the views you 
 have submitted grow upon me, I must confess, the more I 
 
36 Life and Services of Hon. C. J. Jenkins. 
 
 consider them, but I cannot take the responsibility of acting 
 without first consulting the i'resident. Indeed, I think 1 
 ^hall bring the question before the Cabinet at its next meet- 
 ing. Call at such a time [naming it] and I will confer 
 further with you.' I waited upon him at the time 
 designated, and he informed me that he had submitted 
 the subject to the consideration of the Cabinet, and that it 
 had been referred to the Attorney General (Mr. Stanbery) 
 and himself, with power to act. ' Do you know Mr. Stan- 
 bery ?' he inquired. * 1 am not personally acquainted with 
 him,' I replied. • Then walk with me to his oflSce,' re- 
 joined Mr. Stanton, 'and I will introduce you to him and 
 leave you with him to present the question fully, and I will 
 see you afterwards.' We went to the office of the Attorney 
 General, and there Mr. Slanton left me. While explaining 
 the case to Mr. Stanbery, when I mentioned the fact that 
 this was a purchase from the United States by an agent of 
 the State of Georgia, and. that the present question was 
 whether the United States Government should exact secu- 
 rity from the State for the payment of the purchase moneys 
 agreed upon, he interrupted me with the remark : ' Gov- 
 ernor, do you know that the proposition revolts me ?' I 
 responded : ' I am very glad to hear you say so, Mr. Attor- 
 ney General. That was its effect upon me, and I gave the 
 Secretary of War so to understand.' 'Oh,' said he, 'that will 
 never do. Stanton must give that up. He shall give it 
 up.' ' Well,' said I, ' Mr. Stanbery, I need not trouble 
 you any further. I am happy to find your views so entirely 
 in accord with my own.' In my next interview with the 
 Secretary of War he did give it up. He ordered the terms 
 of the bond, as delivered, to be observed, and entirely 
 waived the demand for security." 
 
 Matters remained in statu quo until the fall of 1867, 
 when the bond matured. Governor Jenkins had, by pre- 
 liminary negotiations, accumulated funds sufiicient for its 
 payment. Georgia held, however, a claim against the Gen- 
 
Lij-e and Services of Hon. C. J. Jenkins. 37 
 
 eral Government for its use of certain rolling-stock owned 
 by the Western and Atlantic Railroad, and for the transpor- 
 tation of soldiers and supplies over that road. Major Camp- 
 bell Wallace, the Superintendent, was engaged in preparing 
 the proofs requisite for the support of that claim which the 
 Governor desired, in all fairness, to utilize in part payment 
 of the amount due upon the bond. Mr. Stanton had mean- 
 while been displaced, and General Grant was then acting as 
 Secretary of War. Governor Jenkins advised General 
 Thomas that he was prepared to liquidate the indebtedness 
 arising under the bond, but suggested that the payment of 
 a part of it (equal in amount to Georgia's probable claim) 
 should be postponed. The General responded that while he 
 could not pass upon the proposition, he would refer the 
 matter to the Secretary of War. He further agreed, if the 
 State would pay up the balance, to recommend that a sum 
 sufficient to answer the counter-claim should be reserved, 
 subject to future adjudication. 
 
 At this stage of the affair Governor Jenkins visited Wash- 
 ington and submitted the facts to General Giant, who, after 
 considering them, replied : " If General Thomas recom- 
 mends the adoption of this course, and you will pay up the 
 excess, I will instruct him to let the balance lie over." 
 Upon this basis was a settlement effected. The sum nomi- 
 nated in the bond, over and beyond Georgia's claim, was at 
 once paid and an amount was reserved which was regarded 
 as the equivalent of that counter-claim. It was understood 
 that the Governor, if so required, should at any time, upon 
 a month's notice, pay over th's balance. This accommoda- 
 tion occurred in October, 1867, and nothing further was 
 said about it until a few days before the removal of Gov- 
 ernor Jenkins, when he received a communication from 
 General Grant's Secretary stating that if his object in seek- 
 ing indulgence on a part of the debt as nominated in the 
 bond was to gain time so as to enable him to make up a 
 claim in favor of Georgia against the United States, it was 
 
38 Z{/e and Services of Hon. C. J. Jenkins. 
 
 wholly inadmissible, and Georgia must forthwith pay np 
 the balance. 
 
 Anticipating some such complication, Governor Jenkins 
 had instructed Major Campbell Wallace to retain in hand 
 funds sufficient to discharge the balance of the debt irre- 
 spective of Georgia's claim. Upon receipt, tlierefore, of 
 this coirmunication from the Secretary of War, he tele- 
 graphed Major Wallace to end the matter by paying the 
 balance due according to the letter of the bond, and this 
 was imriediately done. 
 
 In 1866 an attempt was made on the part of the United 
 States Government to levy and collect a tax upon the 
 Western and Atlantic Railroad, which was the exclusive 
 property of the State of Georgia. 
 
 The Collector of Revenues for the Atlanta District noti- 
 fied Major Wallace, the Superintendent of the State Road, 
 that he must at once pay a tax of two and a half per cent, 
 upon the gross earnings of the road for the preceding year, 
 and thereafter submit monthly returns. Persuaded that 
 the proposed tax was utterly without warrant of law, Gov- 
 ernor Jenkins immediately communicated with Mr. Mc- 
 Culloch, the Secretary of the Treasury, and protested 
 against the proceeding. In due course he was advised by 
 that official that he had referred the question to the Solic- 
 itor of the Treasury and that upon the incoming of his re- 
 port he would respond definitely. Subsequently he did 
 reply to the effect that the Solicitor yf the Treasury was of 
 opinion that the road was liable to taxation, and conse- 
 quently, that the Department could afford Georgia no 
 relief in the premises. Confident that this decision was 
 erroneous, Governor Jenkins caused a bill to be filed in 
 the District Court of the United States asking relief, and 
 praying an injunction against the United States Internal 
 Revenue Collector. The bill was exhibited to Judge 
 Erskine, who, after some hesitation, granted an order to 
 show cause why the injunction should not be allowed. 
 
Life and Services of Hon. C. J. Jenkins. 39 
 
 Argument was had upon the return of the Rule, and the 
 Court reserved its decision. It was distinctly understood, 
 however, that no further action should be taken by the 
 Collector pending the rendition of the judgment. 
 
 Judge Erskine departed for a vacation at the Nortli and, 
 after some time, Major Wallace was notified by the Collec- 
 tor that unless the tax was paid within ten days he would 
 issue an execution, levy it upon the rolling stock of the 
 Western and Atlantic Railroad, and in this summary man- 
 ner enforce payment. Informed of this unexpected and 
 unjustifiable procedure, Governor Jenkins directed Major 
 Wallace to pay the tax under protest. This was done. 
 
 As this demand would be renewed each month, and as it 
 was very important that a stop should be put to the exac- 
 tion, Governor Jenkins proceeded to Washington, and, 
 after an interview with the Secretary of the Treasury, in- 
 duced him to send instructions to the Collector stavino- 
 further aciion until the rendition of a decision by the Dis- 
 trict Judge. Secretary McCulloch declined, however, to 
 refund the amount of the tax which had been paid under 
 protest. This amounted to some twenty thousand dollars. 
 Upon his return to Georgia Judge Erskine did grant an in- 
 junction pendente lite. In due course, the defendant not 
 appearing, the injunction was made perpetual and a decree 
 was entered ordering tlie tax already paid to be refunded. 
 Even after this the Secretary of the Treasury refused to 
 return the amount collected until He had invoked and re- 
 ceived the opinion of the Attorney General sustaining the 
 decision of Judge Erskine. When the sum was tinally re- 
 funded, no interest was allowed on the part of the Govern- 
 ment, although more than a year had elapsed since the date 
 of its illegal receipt. 
 
 During Governor Jenkins' administration gubern itorial 
 intervention \\ as not infrequently invoked to settle disputes 
 in connection with the Freedman's Bureau — in regard to 
 branded horses found upon the premi&es of planters — and 
 
40 Life and Services qf Hon. C. J. Jenkins. 
 
 respecting what was claimed by Treasury Agents to be 
 either Confederate cotton or captured and abandoned prop- 
 erty. In all instances the Governor patiently and manfully 
 rendered every available assistance. He also labored faith 
 fully and successfully in restoring the credit of the State to 
 a sound financial basis. It was during his administration 
 that the Western and Atlantic Railroad was mortgaged to 
 support a line of bonds issued by the State. When first 
 placed upon the market, through the personal exertions of 
 the Governor they were made to bring ninety cents in the 
 dollar. Their value being thus admitted, he refused to sell 
 many of them at that figure, and advanced the price to 
 ninety five cents. Shortly afterwards they were eagerly 
 sought after and regarded as a safe and desirable security. 
 Georgia's credit had been wisely re-established. 
 
 The Congressional Reconstruction Convention of Geor 
 gia assembled in Atlanta on the 9th of December, 1867, and 
 remained in session until the 23d of the month. It met 
 again on the 8th of the following January. General George 
 G. Meade, newly arrived, had supplanted General Pope in 
 the command of the Military Department. The members 
 of this Convention, after a rather protracted absence from 
 home, found themselves, in many instances, with empty 
 pockets. They grew hungry and clamored for pay. 
 Having appointed Dr. Angier their financial agent, they 
 passed a resolution requiring the State Treasurer to turn 
 over to him, from the State's moneys, forty thousand dol- 
 lars for the use and support of the Convention. Armed 
 with a copy of that resolution, signed by the President of 
 the Convention, certified by its Secretary, and indorsed by 
 General Pope who had not then been removed, Dr. Angier 
 repaiied to Milledgeville and, exhibiting it to Mr. John 
 Jones, the Treasurer of the State, demanded payment of 
 the amount named. Mr. Jones d clined to accede to the 
 request un'ess it was fortified by an Executive warrant. 
 Dr. Angier remained but a few hours in Milledgeville and 
 
Life and Sermces of Hon, C. J. Jenkins. 41 
 
 then returned to Atlanta without applying to the Governor 
 for an Executive warrant. The Convention soon took a 
 recess for the Christmas holidays, and its members returned 
 home having received no pay for their services. Meanwhile 
 the efforts made by Governor Jenkins and others to secure 
 the removal of General Pope eventuated in success, and 
 General Meade was appointed by President Johnson in his 
 place. And now, in presenting the facts connected with 
 the removal of Governor Jenkins from his gubernatorial 
 office, we record the circumstances as they were narrated to 
 us by him. It was our privilege to have conversed fre- 
 quently and unreservedly with him on this interesting topic, 
 and in regard to other incidents in his noble life. We re- 
 call his precise language. 
 
 " It had been intimated to me," said he, " that General 
 Meade was a Democrat, and that he was frank and manly 
 in character. I therefore, in person, paid my respects to 
 him soon after he reached Atlanta to assume command of 
 the Department. The Reverend Dr. Brantley, who was 
 personally acquainted with him, accompanied me and intro- 
 duced me to him. The General received me courteously, 
 thanked me for this early visit, and said he had proposed 
 calling upon me as soon as he had become fairly domiciled 
 in his new quarters. During the course of our conversa- 
 tion he introduced the subject of Dr. Angler's recent visit 
 to Milledgeville, and inquired whether he had called upon 
 me at that time ? I replied that he had not done so. Well, 
 he rejoined, that was a mistake. It was a blunder on Pope's 
 part. Angier should have been instructed to have waited 
 upon you for an Executive warrant. 
 
 " But, continued he inquiringly, 1 do not know, Gover- 
 nor, whether or not that would have caused any difference 
 in the result ! Not the least, General, I answered. What, 
 Governor, said he, do you mean to say you would not have 
 responded to an order for an Executive warrant.? Certainly, 
 not, General, I replied. Well, said he, I am very sorry to 
 
42 Life and Sermces of Hon. C. J. Jenkins. 
 
 hear yon say so. Will you be kind enough to give me the 
 reasons which would Iiave influenced you in refusing? Yes, 
 General, X answered. I will do so very cheerfully and very 
 briefly. When I was inaugurated as the Governor of 
 Georgia I took an oath to support and defend the constitu- 
 tion of the State. That con.-titution provides that no 
 money shall be dravn from the Treasury except by Execu- 
 ive warrant upon appropriation made by law. That 
 means of course, as you will concede, General, appropria- 
 tion authorized by some law of the State of Georgia. Yes, 
 certainly, he responded. I continued : The Legislature of 
 Georgia had made no appropriation which authorized me to 
 issue an Executive warrant in the case presented. Had I 
 then drawn such a warrant upon the State Treasurer I would 
 have violated my uath of office. Of this there can be no ques- 
 tion. Upon this ground alone, had there been no other, I 
 would have taken my stand. Bat there is another view 
 which, it appears to me, should exert a controlling influence. 
 The Congress of the United States, in inaugurating this 
 policy which is without precedent, and in putting this 
 anomalous machinery in oi)eration, foresaw the trouble 
 which has come upon this Convention. While Congress 
 did not provide funds for the support of the Convention, 
 by the act which called the Convention into being it author- 
 ized that body to levy a tax to defray its own expenses. 
 This clearly shows that the Congress of the United States 
 did not contemplate empowering either the Convention or 
 the military commander to draw funds from the treasury 
 of Georgia for that purpose. After hesitating a little 
 General Meade replied : Governor, if you and I, as citizens, 
 were discus&ing this subject, there would perhaps arise no 
 special difference of opinion between us, but you must con- 
 sider my position. I am sent here to carry out in Georgia 
 these reconstruction measures. This Convention is an in- 
 dispensable instrumentality in the accomplishment of that 
 end, and, while in attendance upon it, its members must be 
 
Life and Services of Hon. C. J. Jenkins. 43 
 
 fed and supported 1 liave no money for them. They 
 have endeavored to borrow money but they cannot secure 
 a dollar. They have no credit. Just here I interrupted 
 him with the remark: I am not at all surprised at it, Gen- 
 eral. Well, said he, it is so. They cannot borrow any 
 money and, as to levying a tax, that is altogether too slow 
 a business. That will not answer, and unless you furnish 
 the money from the ti-easnry of the State the whole thing 
 will come to a dead lock. My answer was : In truth, Gen- 
 eral, I do not see that either you or I would be to blame for 
 that. The corclnsion will be that Congress has set the 
 machinery in motion and has provided no oil with which 
 to grease the wheels. 
 
 " After a pause General Meade said : Governor, I came 
 here with a most earnest desire to move on harmoniously 
 and not to interfere with your functions. General, I in- 
 terposed, such is my hope, and I think I have evinced it by 
 this early call upon you. Yes, he replied, and I have 
 thanked you for your courtesy, but this is a terrible diffi- 
 culty which is interposed upon the occasion of our tirst in- 
 terview. I most earnestly request you to reconsider the 
 matter, for I must say to you, in all candor, that if you per- 
 sist in this determination I see no alternative left me but to 
 remove you from office. This I would be very reluctant to 
 do. I replied : I will not be so discourteous. General, as to 
 say to you that I will not reconsider, but I have maturely 
 reflected upon this matter, having, after the answer given 
 by the State Treasurer to the Financial Agent of the Con- 
 vention, anticipated that a call, such as that which you now 
 8ugge4, would be made upon me. I cannot see how any 
 reconsideration could lead me to a different conclusion with 
 regard to my manifest duty in the premises. At any rate, 
 he responded, I will give you time to reflect. Here our in- 
 terview ended. 
 
 " Prior to this conference I passed and published an Execu- 
 tive order suspending the collection of taxes, I also in- 
 
44 Life and Services of Hon. C. J. Jenkins. 
 
 structed the State Treasurer to reiuove the funds of the 
 State to some secure depository, and to keep his own 
 counsels, 
 
 " Several days elapsed and I heard nothing from the mili- 
 tary commander. 
 
 " On the 7th of January 1868, General Meade addressed a 
 communication to n\e enclosing a copy of the ordinance 
 passed by the Convention, referring to the refusal of the 
 State Treasurer to pay over the sum named to the Financial 
 Agent of the Convention, and concluding with a demand 
 upon me for an Executive warrant on the State Treasurer 
 for the payment of the amount specified. I responded, in 
 due course, declining to give the warrant ; and, in my reply, 
 briefly recapitulated the reasons, previously explained to 
 him in person, which influenced me in refusing to comply 
 with his demand. The receipt of my letter was quickly 
 followed by this communication from General Meade : 
 
 * Headquarters Third Military Division, 
 
 (Georgia, Alabama, and Florida). 
 Atlanta, Ga., January 13, 1868. 
 
 Charles J. Jenkins, Milledgeville, Ga. : 
 
 Sir — I have received with profound regret your communi- 
 cation of the 10th inst. in which you decline to accede to 
 the request made in mine of the 7th instant. As I cannot 
 but consider your action as a failure to co-operate with me 
 in executing the laws known as the Reconstruction Laws of 
 Congress, and as I am further advised you have declined 
 to pay the salary of M. S. Bigby, Solicitor-General of the 
 Tallapoosa Circuit, on the ground that said officer having 
 been appointed by the military commander of the Third 
 District you cannot recognize the validity of his appoint- 
 ment, I am forced, most reluctantly, to view your actions 
 as obstructions to the execution of the Reconstruction Laws, 
 and have no alternative bat to remove you from your office, 
 
Life and Services of Hon. C. J. Je7iki,ns. 45 
 
 as you will see I have done by the enclosed order. I do 
 not deem myself called upon to answer the arojaments of 
 your letter. The issue is very plain between us. I must 
 require the acknowledgement of the validity of the Recon- 
 struction Laws, and you plainly deny them as having any 
 binding force on your actions. Both of us are acting from 
 a conscientious sense of duty, but the issue is so plain and 
 direct that all hope of harmonious co-operation must be 
 abandoned. 
 
 With feelings of high personal respect, and with sincere 
 regret for the course I feel myself compelled to take, I re- 
 main, 
 
 Most respectfully your obedient servant, 
 
 George G. Meade, 
 Major General Commanding.' 
 
 " Shortly after my receipt of this communication by post. 
 General Thomas H. Ruger presented himself to me at 
 Milledgeville and stated he supposed I was aware of the 
 object of his visit. ' Yes,' I replied, ' I have received a com- 
 munication from General Meade informing me that he had 
 removed me from oflSce and appointed you, as Provitiional 
 Governor of Georgia, in my place, and I presume you have 
 come to assume the duties of the ofiice.' ' That,' he re- 
 sponded, ' is my business here, and I hope, Governor, you 
 will offer no resistance.' ' Before answering you,' I replied, 
 'permit me to ask you a question. Are you instructed, if 
 necessary, to use force to disposeess me of this office V He 
 responded, ' I am, sir, and I will show you my orders,' which 
 he proceeded to do. ' Well, sir,' I rejoined, 'you have the 
 army of the United States at your back, and I can summon 
 not even a respectable police force. I therefore elect to 
 bow out to you, ratiier than to a file of soldiers with mus- 
 kets and bayonets, but 1 denounce this proceeding as an 
 outrage upon the rights of the State ; and, had I adequate 
 force, I would resist you to the last extremity.' After 
 
46 Life and Services of Hon. C. J. Jenkins. 
 
 eome fnrtlier conversation General Ruger remarked: 'I 
 eee, Governor, yon have promulgated an executive order 
 suspending, for the present, the collection of taxes. Will 
 you be good enough to give me your reasons for so doing ?' 
 T answered : ' Sir, you probably remember that the Conven- 
 tion, now in session in Atlanta, passed a resolution request- 
 ing me to do just that thing, but I scorn to rest that official 
 act upon any such authority ; and, while I disclaim any in- 
 tended discourtesy to you, I must decline rendering 3'ou 
 any account of my official acts.' Here onr interview ter- 
 minated.'' 
 
 This call was made upon the Governor at the Executive 
 mansion in Milledgeville, where he was confined to the 
 house, being at the time very lame from the effects of a 
 severe fall encountered at Washington, D. C, and barely 
 able to move about with the aid of crutches. From the 
 executive mansion General Ruger proceeded to the office 
 of the Slate Treasurer where, to his dismay and manifest 
 displeasure, lie found only an empty vault and a lot of old 
 books. The Treasurer refused to inform him where the 
 funds of the State were deposited, or to surrender the cur- 
 rent books appertaining to his conduct of rhe public finances. 
 His interview with Treasurer Jones ended by his ordering 
 him under arrest. General Ruger at once revoked the ex- 
 isting order suspending the collection of taxes, and directed 
 the Superintendent of the Western and Atlantic Raih-oad 
 to pay over its earnings to his newly appointed Treasurer. 
 
 He courteously placed the executive mansion at the dis- 
 posal of Governor Jenkins, but the Governor remained 
 there only a few days to arrange his affairs, and then de- 
 parted for his home in Augusta. The night before he left 
 Milledgeville the citizens, in torch-light procession, waited 
 upon him to testify their respect, love, and admiration, and 
 to proclaim their detestation of the military usurpation 
 which had forcibly deprived the State of Georgia of her 
 chosen and honored chief magistrate. Governor Jenkins 
 
Life and Services of Hon. C. J. Jenkins. 47 
 
 responded in a farewell address replete with diojnity, emo- 
 tion, affection, and eloquence. 
 
 It was a mournful occasion for Georgia. In this arbitrary 
 act of the Federal commander all her good citizens realized 
 the hopeless, impotent condition in which the common- 
 wealth had been plunged. Tiiey comprehended and la- 
 mented the fact that the guardian of the rights, the proper- 
 ty, and the manhood of the State had been taken from 
 them. The future they could contemplate only with fear 
 and apprehension. Abnormal as were the circumstances 
 and perplexing the difficulties which surrounded his admin- 
 istration of the affairs of State, they were persuaded that 
 while Governor Jenkins remained in office nothing would be 
 omitted which could conduce to the general welfare. 
 Hence, even in the midst of abounding penury and uncer- 
 tainty, there existed reasonable expectation of security in 
 the present and of returning prosperity in the near future. 
 The mailed hand of the conqueror struck down the trusted 
 guide and counselor, the chosen friend and beloved magis- 
 trate, and substituted in his stead an instrument alien and 
 unsympathetic, an emotionless locum tenens whose imposed 
 duty it was to execute a scheme of reconstruction devised 
 by a Republican Congress, inaugurated without judgment 
 or the sanction of law, and enforced in opposition to the 
 will of a coerced and protesting population. 
 
 Before quitting the Executive mansion where, for some 
 time, because of his lameness. Governor Jenkins had trans- 
 acted the business of the State, he instructed one of his 
 secretaries to detach the seal of the Executive Department. 
 This he placed in the hands of a trusted friend, with 
 injunctions of secrecy, and the request that it be preserved 
 until such time as he should call for it. He also removed 
 the Executive documents appertaining to his term of ser- 
 vice as Governor. These and the seal, as well as the State's 
 moneys, were safely kept and never passed into the posses- 
 sion ol the military usurper. Full and just account of the 
 
48 Life and Services of Hon. C. J. Jenkins. 
 
 public funds was rendered when Georgia was in condition 
 to administer her own ajBPairs, and the executive seal and 
 books were, by Governor Jenkins, returned and surrendered 
 to Governor Smith with a complete, manly, and patriotic 
 statement of the reasons which influenced him in Dfuardinsr 
 them and the public treasure from the alien touch of the 
 stranger and the plunderer. 
 
 It has been worthily said that there is no document in the 
 archives of Georgia which surpasses in lofty sentiment and 
 noble dignity the letter of Governor Jenkins accompanying 
 the return of the seal of the Executive Department. It con- 
 cludes thus: " The removal of the books and papers was 
 simply a cautionary measure for my own protection. Not 
 so with the seal. That was a symbol of the Executive 
 authority, and although devoid of intrinsic, material value, 
 was hallowed by a sentiment which forbade its surrender to 
 unauthorized hands. Afterwards, whilst I was in Wash- 
 ington vainly seeking the interposition of the Supreme 
 Court, a formal written demand was made upon me by 
 General Ruger for a return of these articles, with which I 
 declined to comply. 
 
 " The books and papers 1 herewith transmit to your 
 Excellency that they may resume their places among the 
 archives of the State. With them I also deliver to you the 
 seal of the Executive Department. I derive high satisfac- 
 tion from the reflection that it has never been desecrated 
 by the grasp of a military usurper's hand, never been pros- 
 tituted to authenticate official misdeeds of an upstart 
 pretender. Unpolluted as it came to me, I gladly place it 
 in the hands of a worthy son of Georgia, her freely chosen 
 Executive, my first legitimate successor." 
 
 In acknowledgment of his noble conduct during this 
 trying period, in recognition of the distinguished services 
 he had rendered the Commonwealth, and in token of the 
 profound gratitude, love, and honor of the people of Geor- 
 gia, the following Preamble and Resolutions, framed and 
 
Life and Services of Hon. C. J. Jenkins. 49 
 
 introduced by the honorable Joseph B. Gumming, of Kich- 
 mond County, were enthusiastically adopted by the General 
 Assembly : 
 
 " Whereas, The Honorable Charles J. Jenkins, when 
 expelled by usurpers from the office of Governor of this 
 State, had the firmness and the courage to save the public 
 treasure from the plunderers, and applied it to the obliga- 
 tions of the State, and also removed the archives of the 
 State Treasury, and saved from desecration the Seal of the 
 Executive Department; 
 
 " And Whereas, his efforts to save the people of Georgia 
 from oppression relaxed not with his hold upon the Execu- 
 tive office, but in the midst of discouragement were con- 
 tinned before the Supreme Court of the United States so 
 long as there was any hope of success ; 
 
 " And Whereas, preserving the archives and the seal until, 
 in better times, he might restore them to his first rightful 
 successor, he has delivered them to his Excellency the 
 Governor ; 
 
 "And Whereas, gratitude to a great and good man, defer- 
 ence to the feelings of the people of Georgia, and the 
 encouragement of patriotism and virtue in the generations 
 to come alike render it good that we should make and put 
 in imperishable form a recognition of his fidelity to his 
 trust ; 
 
 " Therefore be it Resolved by the General Assembly of 
 the State of Georgia : That his Excellency, the Governor, 
 be authorized and instructed to have prepared, and in the 
 name of the people of Georgia to present to the Honorable 
 Charles J. Jenkins, a seal to be the fac simile of the one 
 preserved and restored by him, except that in addition to 
 the other devices it shall have this inscription : Pkesented 
 TO Chakles J. Jenkins by the State of Georgia ; and 
 this legend : In arduis fidelis.'' 
 
 In due season, a jac simile of the seal of the Executive 
 Department — wrought of gold and of excellent workman- 
 
50 Life and Services of Hon. C. J. Jenkins. 
 
 ship, bearing the prescribed inscription and legend, and 
 accompanied by a properly authenticated copy of the pre- 
 amble and resolutions of the General Assembly — was, in 
 the name of Georgia, presented to Governor Jenkins ; a 
 memento worthy alike of a grateful and happy Common- 
 wealth, after much tribulation, restored to the protection 
 and guidance of her own sons, and of the fidelity and Spar- 
 tan virtue of him who, with a fortitude, sagacity, and 
 dignity never excelled, maintained inviolate his high trust, 
 and preserved the honor of his people amid circumstances 
 without parallel, and in the face of difficulties the most 
 perplexing. 
 
 Nineteen centuries ago did Flaccus sing of the 
 
 " Justum. et tenacem propositi virum, 
 Non civium ardor prava jubentium, 
 Non vultus instantis tyranni, 
 Mente quatit solida :" 
 
 and the dignified conduct of Governor Jenkins on this 
 epochal occasion, and the moral heroism and tenacity of 
 exalted purpose displayed by him, afford abundant proof 
 that in his person and character the race of noble conserva- 
 tors of the rights of the people and of principles dearer 
 than life or position had suffered no degeneration. 
 
 After remaining a few days in Augusta, Governor Jen- 
 kins proceded to Washington City where he learned that a 
 demand, made by General Ruger, for his arrest and return 
 to the State of Georgia, was in the hands of Secretary 
 Stanton. The morning after this information had been 
 communicated. Governor Jenkins received a letter from 
 General Ruger stating he found upon examination that the 
 seal of the Executive Department, and the books apper- 
 taining to that department during Governor Jenkins' 
 administration, had been removed, and requiring their 
 instant return. To that communication Governor Jenkins 
 promptly responded acknowledging its receipt and saying 
 
Life and Services of Hon. C. J. Jenkins. 51 
 
 he had been credibly advised that General Ruger had made 
 a formal demand upon the Secretary of War for his imme- 
 diate arrest and return to the State of Georgia, if to be 
 found within the limits of the District of Columbia. This 
 being so, Governor Jenkins admonished General Ruger that 
 all correspondence between them, epistolary or otherwise, 
 must be considered at an end. Nothing further was heard 
 from the Military Governor of Georgia, and no attempt was 
 made to arrest Governor Jenkins. 
 
 After remaining some weeks in Washington, he went to 
 New York, and thence returned to Baltimore that he might 
 give such attention to the second bill filed in behalf of the 
 State of Georgia to test the constitutionality of the Recon- 
 struction Acts, to which allusion has already been made, as 
 the nature of the case demanded. That bill was still pend- 
 ing when the Bulloch Legislature came into power and 
 ordered its dismissal. 
 
 The winter of 1867-'68, memorable for the impeachment 
 of President Johnson, was quietly and pleasantly passed in 
 the city of Baltimore where the Governor was the recipient 
 of marked attention and many courtesies. During the 
 summer of 1868 he fixed his abode in Halifax, Nova Scotia, 
 and in the fall returned to Baltimore for the winter. 
 
 The spring of 1869 found him again in Georgia, whence, 
 after a short sojourn among friends, he departed for Europe. 
 Some eighteen months were delightfull}^ spent abroad. To- 
 ward the close of 1870 he returned to his home in the village 
 of Summerville, near Augusta, where he continued to re- 
 side until his lamented death, leading a retired, gentle life, 
 free from care, and happy in the universal esteem, confi- 
 dence, and love of this Commonwealth. 
 
 His last public service was rendered as President of the 
 Constitutional Convention of 1877. For many years, and 
 until a short time prior to his demise, was he President of 
 the Board of Trustees of the University of Georgia. In the 
 welfare of that institution he ever manifested the liveliest 
 interest. 
 
 But twice after his return from Europe was he persuaded 
 
52 Life and Services q/ Hon. C. J. Jenkins. 
 
 to enter upon employment — once as the President of the 
 Merchants' and Planters' National Bank, and again as the 
 temporary President of the Augusta factory. Both these 
 positions he held only for a short time. Advancing years 
 and physical infirmities inclined him to a dignified repose. 
 For several years was Mr. Jenkins a law-partner of Judge 
 A. B. Longstreet, author of the Georgia Scenes, and, in 
 after years, famous as a clergyman and as an educator of 
 young men. While in the active practice of his profession, 
 the bar of Middle Georgia was remarkable for the number 
 and ability of its leading members. It was then his hon- 
 orable lot to meet, either in association or in opposition, 
 such lawyers as Freeman Walker, Richard Henry Wilde, 
 Thomas Flournoy, Robert R. Reid, Henry H. Gumming, 
 John P. King, George W. Crawford, Robert Toombs, 
 Francis H. Cone, Alexander H. Stephens, William T. 
 Gould, A, B. Longstreet, Herschel V. Johnson, Joseph 
 Henry Lumpkin, Andrew J. Miller, Ebenezer Starnes, the 
 brothers Cobb, and others whose legal acumen, erudition, 
 and forensic ability linger as approved traditions and well 
 established memories. Not infrequently Mr. Pettigru, 
 Judge Berrien, Judge Law, Judge Charlton, Mr. McAllis- 
 ter and Mr. Ward entered this legal arena as competitors 
 for its richest prizes. To affirm that Mr. Jenkins was the 
 peer of the knightliest of them would be to assert what no 
 one conversant with the period will deny. Earnest and 
 honest in the assertion of the rights of his client, careful in 
 the preparation of his cases, well- versed in the principles of 
 his profession, discriminating in the application of prece- 
 dents and in the citation of authorities, skillful in the con- 
 duct of his causes, quick, observant, apt in the examination 
 of witnesses, potent in the grouping and presentation of 
 testimony, courteous to bench and bar, eloquent and per- 
 suasive in his appeals to the jury, and yet stooping not to 
 wrest a verdict upon grounds unwarrantable, or even ques- 
 tionable, in Governor Jenkins were combined those mental, 
 
Life and Services of Hon. C. J. Jenkins. 53 
 
 moral, and legal qualifications requisite for an accomplished 
 and successful advocate and counsellor. No safer adviser, 
 no firmer friend could be found in the fraternity ; and, 
 when the occasion demanded and the emergency called for 
 the exercise of his highest powers, so sonorous was his 
 voice, so impassioned his utterance, so impressive his ac- 
 tion, so convincing his argument, so fearless his attitude, so 
 fine his rhetoric, so masterful his oratory, and so abundant 
 were his resources, that he towered in the court-room as if 
 
 " The whole Law's thunder bom to wield." 
 
 Underlying all were present an honesty of purpose, a con- 
 scientious recognition of duty, an elevated plane of thought 
 and conduct, a purity of life and character, and a might of 
 moral force and reputation, the want of which no intellect- 
 ual gifts can supply or studied art long conceal. Confining 
 himself to no special department of the law. Governor 
 Jenkins' practice was general, embracing whatever ofiered 
 on the common law, criminal, and equity sides of the court. 
 While filling the office of Attorney-General, his criminal 
 business was extensive, but after his resignation he uni- 
 formly declined to appear for the prosecution. Numerous, 
 however, were his retainers for the accused in capital cases, 
 and the ability, sagacity, eloquence and success displayed 
 by him in the conduct of such causes were conspicuous. 
 During a large part of his professional career his voice was 
 heard in evoking the weightiest judgments of the court, in 
 discussing the most intricate questions of civil, constitu- 
 tional, and criminal law, and in displays of intellectual 
 rivalry and effective eloquence worthy of all admiration. 
 
 As a Judge upon a bench of last resort, he was patient, 
 courteous, discriminating, just, and capable. In careful 
 consideration, scholarly composition, lucidity of argument, 
 and thorough interpretation of the law, his opinions, handed 
 down while he was an associate Justice of the Supreme 
 Court of Georgia, are excelled by none in the whole range 
 of the Georgia decisions. 
 
 Although the political reputation of Governor Jenkins is 
 
54 Z//e and Services of Hon. C. J. Jenkins. 
 
 almost exclusively associated with acts done within the 
 confines of Georgia and measures connected with her gov- 
 ernance and welfare, he was, as a statesman and legislator, 
 ever loyal in his devotion to the highest principles of right 
 and justice, broad in his views of public policy, alert in his 
 advocacy of the value of internal improvements, solicitous 
 for the moral and intellectual elevation of the masses, and 
 entirely above and beyond the machinations and shifts 
 of the time-server, the demagogue, and the modern pol- 
 itician. At an early period, recognizing the wisdom of 
 his views, the reliability of his judgment, his fidelity to 
 trust reposed, and the worth of his services, the commu- 
 nity in which he dwelt summoned him from the retirement 
 of private life and kept him for a long time in public place. 
 We have seen that on more than one occasion he just missed 
 of stations that would have introduced him to the public 
 gaze of the nation, and widened the sphere of his influ- 
 ence. Whatever their potentialities may have proven, we 
 are justified in the belief that Governor Jenkins there, as 
 elsewhere, would have compassed and enjoyed the full meas- 
 ure of honor, usefulness, confidence and power appertaining 
 to them. 
 
 To his exalted and heroic administration of the guberna- 
 torial office we have already alluded, and we can only add 
 that his acts in this connection have become part and parcel 
 of one of the bravest chapters in the political history of 
 this Commonwealth. He certainly was 
 
 " So clear in his great office that his virtues 
 Will plead like angels, trumpet- tongued, against 
 The deep damnation of his taking off." 
 
 We are credibly informed that General Meade, in review- 
 ing his conduct of affairs in Georgia under the Reconstruc- 
 tion measures of Congress, expressed sincere regret that 
 he had removed Governor Jenkins from the gubernatorial 
 chair. 
 
 As a public speaker Governor Jenkins was persuasive, 
 magnetic, convincing and eloquent. He possessed the fine 
 
Life and Services of Hon. C. J. Jenkins. 55 
 
 presence, the luminous eye, the emotional countenance, the 
 impressive thought, the pathetic, soul-stirring utterance, 
 the admirable action which move the understanding, capti- 
 vate the will, and command the homage and the emotions 
 of the multitude. On the stump he was always a favor- 
 ite orator. At the bar it was ever deemed a pleasure to hear 
 him. In his more studied efforts there was a happy combi- 
 nation of excellent rhetoric, chaste imagination, mature re- 
 flectit)n, and thoughtful study. 
 
 As a writer and speaker of the English language he had 
 no superior among his companions and associates. 
 
 Public spirited — never an indifferent spectator of the 
 causes and incidents which formed the history of the 
 period ; ready, b}'' counsel and act, to promote the genuine 
 welfare of the community in which he resided and give 
 proper shape and tone to the general thought ; jealous of 
 the good name of his people and State ; earnestly encourag- 
 ing and maintaining an elevated standard among the legal 
 fraternity, and sympathizing with all movements which 
 sought to compass the intellectual, moral, and material 
 growth of the population, Governor Jenkins on all occa- 
 sions exerted his influence in support and advancement of 
 law, order, and civilization. 
 
 Genial in his disposition, frank in his intercourse, and 
 dignified in deportment, possessing fine conversational 
 powers, a fund of anecdote, and a wealth of personal rem- 
 iniscences of men and events most entertaining, his society 
 was at all times engaging and his d scourse instructive. 
 He was verily a noble type of that well-approved manhood 
 in which courtesy, kindness, dignity, cultivation, honor, and 
 charity were happily blended. 
 
 To all these excellences were added unswerving integrity 
 honesty of purpose, purity of thought and act, and those 
 crowning virtues born of an ever present and controlling 
 religious sentiment. 
 
 We fear not the reproach of contradiction when we sug- 
 gest that within the wide borders of this Commonwealth 
 there was perhaps no one who enjoyed in such an eminent 
 
56 Ufe and Services of Hon. C. J. Jenkins. 
 
 degree the confidence, the love, the admiration and the 
 veneration of his fellow citizens. 
 As the years roll on his memory will not be forgotten. 
 
 " His life was gentle ; and the elements 
 
 So mix'd in him that Nature might stand up, 
 
 And say to all the world, * This was a Man ! ' " 
 
 Would to God that his pure thought, love of virtue, 
 patriotism, devotion to truth and duty, and clear conception 
 of all that constitutes and dignifies exalted manhood and 
 stimulates civilization, could wholly possess our souls and 
 abide with us as a living heritage. 
 
 Sadly of late has Georgia been afllicted in the loss of her 
 distinguished sons. In quick succession have Ex-Governor 
 Herschel V. Johnson, Senator Benjamin H. Hill, and Gov- 
 ernor Alexander H. Stephens followed each other to the 
 tomb. And now the grass is not yet green above the new- 
 made grave of him who, in the hearts of many, was and is 
 esteemed as the "noblest Roman of them all." 
 
 Bereft of wife and child, and smitten by disease, this 
 grand old man lay for long weeks and months hovering 
 betwixt two worlds. In this extremity his patience and 
 fortitude were wonderful ; his Christian faith and resigna- 
 tion sublime. Never did a murmur escape his lips. When 
 overborne by physical weakness his mind at times wan- 
 dered and his memory ceased to dwell upon the present, 
 visions of coming glory dispelled the gathering shadows, 
 and his latest thoughts were of the Church and the Com- 
 monwealth. The bravest and holiest images of the past 
 were near him, and his thoughts were intent upon all that 
 was blessed and sublimated. 
 
 And so, when the light went out in this noble dwelling, 
 the immortal lamp, trimmed anew by angel hands, as we 
 believe, was borne upward and placed among the stars of 
 Heaven. 
 
LIBRARY OF 
 
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