Robert Toombs, Statesman, speaker, soldier, sage : his career in Congress and on the Hustings, his work in the courts, his record with the army, his life at home / by Pleasant A. Stovall

TOOMJJS, AT TJiiS AGE OF 75 YBAES.

ROBERT TOOMBS
STATESMAN, SPEAKER, SOLDIER, SAGE

HIS

CAEETKE IN COKGKESS A^rt Cm THE HUSTINGS ---- IIIS "WORK TK TIIT^ COURTS ---- HIS RKCORT) AVITH THK AKMY---- HIS TjIPU AT HOME

PLEASANT A. STOVALL

NEW YORE CASSEIJj PUBMSIIINCf COMPANY
104 & 106 FOURTH AVENUE .,

(3ASSELL PTIBI.ISS1N& COMPANY, THE MERSHON COMPANY F

'' There are courageous and honest men enough in both sections to fight. There is no question of courage involved. The people of both sections of this Union have illustrated their courage on too many battlefields to be questioned. They have shown their fighting- qualities shoulder to shoulder whenever their country has called upon them ; but that they may never come in contact with each other in fratricidal war, should be the ardent wish of every true man and honest patriot.'1--Robert Toombs, Speech in V. &. Senate, 1856.

CONTENTS.

1 CHAPTER

I. FAMILY, BOYHOOD, IJIKE AT COUJSGS,

II. AT THR BAB,

.......

PASE
1 13

III. IN THE LEGISLATURE,

...... 29

IV. ELECTED TO CONGRESS,

.

43

V. IN TUB LOWER HOUSE, ...... 56

VI. THK COMPROMISE OP 1850, . . ... .

67

VII. THE GEORGIA PLATFORM,

..... 83

VIII. THE CAMPAIGN OF 1853,

.....

97

IX. TOOMBS IN Tim SENATE, ...... 107

X. THE " KNOW-NOTHING " PARTY, ... . . 131

XI. TOOMBS ra BOSTON, ....... 139

XII. BTJCHANAN'S ADMINISTRATION, .... 140

XIII. " ON THE STUMP" ra GISOKGIA,

.... 144

XIV. THE CAMPAIGN OP 1856,

..... 155

XV. JOHN BROAVN'S RAID,

...... 169

XVI. Tins CHARLESTON CONVEKTIOIX, .... 175' '

XVII. TOOMBS AS A LEGISLATOR,,

..... 186

XVIII. EI.KCTION OF LINCOLN,

..... 199

XIX. FAREWELL TO THE SENATE, ...... 205

XX. TOOMBS AXD SECESSION,

..... 209

XXI. TOOMBS AS PREMIER OF THE CONFEDERACY, . . 222

XXII. BRIGADIER-GENERAL IN ARMY OF I^ORTHERN VIR

GINIA, ......... 236

XXIII. WITH THE GEORGIA MILITIA, rii

.... 277

v ii i

CON'L \ENT8.

fHATTElt

PACE

XXTV. Tooarns AS A FUGITIVK, ...... 386

XXV. WITHOUT A COUNTRY,

..... 808

XXVI. COMMENCING- LIFE ANEW,

..... SI5

XXVII. DAYS o*1 KECONSTRUCTIOK,

.... 334

XXVIII|> Uis LAST PUBLIC SBRTIOE,

..... 337

XXIX.. DOMESTIC LIFE OF TOQUES,

.... 353

XXX. His GKEAT FAULT, . , . . . .

364

XXXJ, Uis LAST DAYS, ....... 369

ROBERT TOOMBS.
CHAPTER I.
FAMILY, BOYHOOD, LTFE AT COLLEGE.
OTABKIEL TOOMBS was one of General Braddock's soldiers who marched against Fort DuQuesne in 1755. He was a member of the sturdy Virginia line which protested against the dangerous tactics of the British martinet, and when the English reg ulars were ambushed and cut to pieces, Gabriel Toombs deployed with his men in the woods aud picked off the savages with the steady aim and un erring skill of the frontiersman. Over one hun dred years later Robert Toombs, his grandson, protested against the fruitless charge at Malvern Hill, and obliquing to the left with his brigade, protected his men and managed to cover the re treat of his division.
This was a family of soldiers. They were found in the old country fighting Cromwell's army of the rebellion.
Robert Toombs of Georgia was fond of tracing his lineage to the champions of the English king

2

ROBERT TOOMBS.

who defended their sovereign, at Boscobel. But tlie American family was made up of lovers of liberty rather than defenders of the King. It was one of the anomalies in the life of the Georgia Toombs, who resisted all restraint and challenged authority in every form, that he should have located his ancestry among the sworn royal ists of the seventeenth century.
William Tooinbs, the great-grandfather of Robert, was the first of the English family to come to America, about 1050. He settled in Vir ginia. Gabriel, who foug^ht with Bradclock, was the son of William. Major Robert Tooinbs, the father of the Georgia statesman, commanded a Virginia regiment during the Revolution and ren dered conspicuous service in Georgia against the British. Major Toornbs came to Georgia in 1783 and received a rich tract of ?>000 acres of land in Wilkes County. This was their share in the award to distinguished soldiers of "the Virginia line."
" They fought for their estates like feudal bar ons," General Toombs used to say, when speaking of his ancestors, now sleeping in the red hills of Georgia. "When he was asked after the civil war why he did not petition for relief of political dis abilities, he declared that " no vote of Congress, 110 amnesty proclamation, shall rob me of the glory of outlawry. I shall not be the first of my name

FAMILY, BOYHOOD, LIFE XT' COLLEGFJ.

3

for three centuries to accept the stigma of a par don."
The elder Gabriel Toombs in 1795 made his last will and testament. .He commended his soul to Grocl who gave it, and blessed his Maker for the worldly goods that he was possessed of. Distrib uting his estate among; his wife, Ann Toombs, and his six children, he expressly directed that his negroes and their increase must be appraised to gether ; that they were not to be sold out of the family, and that they should be "used in a Chris tian-like manner." He divided up parcels of land in Greene and WiYkes counties among his - sons, Robert Toombs and Dawson Gabriel Toombs, and his four daughters. Gabriel Toombs died in 1801.
When Major Robert Toombs, the Virginia vet eran, and sou of Gabriel, came to Georgia to claim his award of land, ho settled on TSeaverdam Greek, five miles from the town of Washington. It is probable that he stopped in Columbia County, for he married Miss Sanders, of that county. She died, leaving no children, and Major Toombs went back to Virginia and married Miss Catlctt. One son was born, and this lady died. Miss Catharine Ruling was the third wife. The Hillings were also Virginians, and by this marriage six children were reared. Sarah, who finally became Mrs. Pope; James, who was killed by accident while hunting j Augustus, Robert, and Gabriel.

4

HUBERT TOOMI1S.

Catharine Haling, tlic mother of Robert Toombs of Georgia, was a most excellent woman, of strong ami exalted piety. She "was of AVeish ancestry, a devout Methodist, and after accompanying her son to college, and seeing him married, prosper ous, and distinguished, died in 1.84-8, when he was a, member of Congress. Mrs. Toombs gave gen erously of her own means, to family and friends. Robert Toombs proved to be a dutiful soil. He visited his mother constantly, and carefully man aged her property. Finally he induced her to move to Washington, so that he might be near her.
Robert Tooinbs was the fifth child of Robert and Catharine Toombs. ITe was born in "Wilkes County, about five miles from AVashington, July 2, 1830. His brother Gabriel, who still lives, was three years his junior, and was throughout his life his close and confidential adviser and friend.
Robert Toombs. in childhood, was a slender, ac tive, mischievous lad, and it will be a surprise to those who remember his superb physical man hood, to hear that at school and college he bore the nickname of " Runt." He was marked for his energy and vivacity. He was not precocious. Nature gave no signs of her intentions in his youth. His development, physical and mental, was not rapid, but wholesome. He was fond of horseback riding, and the earliest glimpse we

FAMILY, BOYHOOD, LIFE AT COLLEG-ff.

G

have of liim is as a slender lad, with dark eyes and hair slightly touched with, auburn, flying through the village., and sometimes carrying on his pony behind him his little brother to school.
He was always in good health. Tie boasted that he never took medicine until he was thirtyfour years old. His mother said that he grew up almost without her knowledge, so little trouble had he given her. He was a fine horseman. Possibly this practice had much to do with his good spirits and physical strength.
In his younger days he rode sixty-five miles to Milledgeville, covering the distance in one day, and was fresh enough to attend a dance at night. He delighted in fox-hunting, although never a racer or in any sense a sporting man. During the earlier years of his career he practiced law in the saddle, as was the custom with the profession at that time, and never thought of riding to court on wheels until later in life. Throughout his active participation in the Civil "War he rode his famous mare, " Gray .Alice," and was a striking figure as, splendidly mounted and charged with enthusiasm, he plunged along the lines of the Army of Northern Virginia. In his long wandering from capture in 1865, he was in the saddle six months, ridjing to and from the wilds of northeast Geor gia, to the swamps of the Cliattahoochee. There w^ls something in his picturesque figure upon

(I

ROBERT TOOMBS.

the lioi'se which suggests John Randolph of Roanoke.
His first training -was at what was known as an " old field school," taught by AVelcome Fanning, a master of good attainments and a firm believer in the discipline of the rod. Afterward, Robert Toorabs was drilled by a private tutor, Rev. Alexa.nder TV7 fibster--;ni adjunct professor of the University of Georgia, and a man of high repute as scholar and instructor. Mr. Webster was the friend and early preceptor of Alexander li. Stephens.
Young Tooinbs was christened Robert Augus tus, and carried his middle name until 1840, when he seems to have dropped it as a "useless piece oC furniture. There is a report that some of his poJitieal foes, playing upon his initials, saddled him with the sobriquet of " Rat." .Having out-grown, one nickname he was prepared to shed another.
Young Toombs proved to be a great reader. Most of his learning developed in the Humanities ; and a cultured visitor from JVIarvland who once stopped at his father's house declared that this boy of fourteen was better posted in history than anyone he had ever seen.
It was about this time that Robert Tooinbs was fitted out i'oT Krpaiklin College--now the State University--located in Athens, Ga., forty miles from Washington.

FAMILY, BOYHOOD, LIFE; AT COLLEGE.

1

This institution, to which lie was devotedly attached and of whose governing board he was a member at the time of his death, was chartered in 1785 by the State of Georgia. It was the early recipient of the deed of western lands, which the State subsequently purchased, assuming the "per petual endowment of the college. It has been to Georgia what Jefferson's school has proved to Virginia, the nursery of scholars and statesmen. Governor John Milledge had given the institution a home upon a beautiful hill overlooking the Oconee .River, and tins lovely spot they had named Athens. Here in 1834 young Robert Toombs re paired, animated with the feelings which move a college boy, except that his mother went with him and relieved him of: the usual sense of loneli ness which overtakes the student. Major Robert Toombs, his father, who was an indigo and tobacco planter, was reputed to be a wealthy man for those times, but it was the comfort of the earl)- settler who had earned his demesne from the govern ment rather than the wealth, of the capitalist. He had enough to support his family in comfort. He died when Robert was five years old, and the latter selected as his guardian Thomas W. Cobb, of Greene County, a cousin of Governor Howell Cobb, a member of Congress himself and a man of high legal attainment.
When Robert Toombs entered college that

8

BOBSET TOOMBS.

institution was under the Presidency of Moses Wacldell, a born educator and strict disciplinarian. Three generations of this family liave served the State as preceptors in Franklin College.
It may well be imagined that the college had not at that time reached the dignity of a uni versity, for an entry in President AVaddell's diary was this : " Caught Jones chewing tobacco : whipped him for it." Those were the old clays when boys were boys until they were twenty-one. There is no record to show that Robert Toombs in college was a close scholar. Later in life lie be came a hard student and laborious worker. But if these industrious habits -were born to him in Athens there is no trace of them. That he was a reader of Shakespeare and history he gave ample evidence in his long career, but if the legends of his college town, are to be trusted, he was more noted for outbreaks of mischief than for close applica tion, Full of life and spirits, a healthy, impetu ous boy, he was on good terms with his class mates, and took life easily. That was a time when students were required to get up at sunrise and attend prayers.
One night, the story goes, the vigilant proctor actually found young Toombs playing cards with some of his friends. Fearing a reprimand, Toombs sought his guardian, who happened to be in Athens on a visit from his home in Grreenes-

FA.MILY, BOYHOOD, LIFK A-T COLLEGE.

9

boro. It is not certain that young Toomba com municated the enormity of his oftense, but Jie obtained leave to apply to Dr. "Waddell for a letter of discharge. The learned but severe scholar had not received the proctor's report, and gave the young student a certificate of honorable dismissal.
.Later in the day the President met Toombs walking around, the campus.
"Robert Toombs," said he, "you took advan tage of me early this morning. I did not then-,, know that you had been caught at the card-table last evening."
Toombs straightened up and informed the doctor that he was no longer addressing a student of his college, but a free-born American citizen.
.The halls of .Athens are fragrant with these stories of Toombs. No man ever" left so distinc tive a at amp upon the place or gave such spicy flavor to its traditions.
Among the college-mates of Robert Toombs at Athens Avere Stephen. Olin, Robert Dougherty, and Daniel Chandler, the grandfather of the un fortunate Mrs. Maybrick of England, and the man whose chaste and convincing appeal for female education resulted in the establishment of Wesleyan Female College--the first seminary in the world for the higher culture of women.
The closest of these companionships was that of

George F. Pierce, a young mail like Toombs, full of brains and energy--even then a striking and sparkling figure. The patli of these men com menced at the door of their alma nuiter, and although their ways were widely divergent, the friends never parted. Two of the finest orators in Georgia, one left his impress a.s strongly npoii the Church as did the other npoii the State. One became bishop of: the Methodist Episcopal Church and the other a, A\ hig senator. One day these men met, both in the zenith oi' power, when Toornbs said : " "Well, George, you are fighting the devil, and 1 am fighting the Democrats."
Closer in friendship their hands clasped as age swept over their raven Jocks and stalwart shoul ders. _Bishop .Pierce never hesitated to go to Robert Toombs when his churches or Ms schools needed money. Toombs would give to the Methodist itinerant as quickly as he would to the local priest. AVhether he was subscribing for a Catholic Orphans' Home or a Methodist College lie would remark, as he gave liberally and freely, " I always try to honor God Almighty's drafts."
Pierce and Toombs had much iu common^-- although the one was fall of saintly fire and the other, at times, of defiant irreverence. It was Pierce whose visits Toombs most enjoyed at his own home, with whom lie afterward talked of God and religion. The good bishop lived to

FAMILY, nOYHOOn, LIFE A.T OOLLEGK.

11

bury the devoted Christian wife of the G-eorgia statesman, and finally, "when the dross of worldliness was gone, to receive into the Methodist Church the bowed and weeping1 figure of the giaut Tooinbs.
"When Robert Tooinbs became prominent in Georgia, there is a story that his State university, in order to "win back liis friendship, conferred upon liini an honorary degree. Toombs is repre sented as having spurned it "with, characteristic scorn. " iNo," said ho, " when I was nn~known and friendless, yon sent me ont disgraced, and refused me a diploma, 'JS'ow that I would honor the degree 1 do not want it."
There is no record that the college ever con ferred a degree upon. Tooinbs at all. J.^ater m life he was elected a trustee of this university, and each year his familiar figure was seen on the stage during commencement, or his wise counsel heard about the board. His attendance upon these duties was punctilious. He would leave the courthouse, the legislative halls, or Virginia Springs--wherever he happened to be--and repair to Athens the first week in August. Once or twice he delivered the annual address before the alumni; several times he secured appropriations for his alma mater from the State. His visits to Athens vreve always occasions of honor. Young men flocked wherever his voice

12

ROBERT TOO3IBS.

was heard, fascinated by his racy conversation. No ".Disinherited Knight " ever returned to more certain conquest or more princely homage.
There is a regular mythology aboiit Toombs at his State university. The things he said would fill a volume of Sydney Smith, while the pranks he played would rival the record, of Robin Hood. There is still standing in. the college campus in Athens a noble tree, with the crown of a century upon it. Under its spreading branches the first college commencement was held one hundred years ago; under it the student Toorobs once stood and addressed his classmates, and of all the men who have gone in and out beneath its shade, but one name lias been found sturdy enough to link with this monument of a forgotten forest. The boys to this day call it " The Toombs Oak."

CHAPTER II.
AT THE BAM.
' AFTER Robert Toombs left the University of Georgia, lie entered Union College at Sclieuectady, N. Y., under the presidency of Dr. Eliphalet Knott. Here he finished his classical course and received his A. B. degree. This was in 1828, and in 1829 he repaired to the University of Virginia, where he studied law one year. In the Superior Court of Elbert County, Go,., heldea OR the 18th day of March, 1880, he was admitted to the bar." The license to practice recites that "Robert A. Toombs made his application for leave to practice and plead in the several courts of law and equity in this State, whereupon the said Robert A. Toombs, having given satisfactory evidence of good moral character, and having been examined in open court, and being found well acquainted and skilled in the laws, he was admitted by the court to all the privileges of an attorney, solicitor, and counsel in the several courts of law and equity in this State."
The license is signed by William S. Crawford, Judge, Superior Court, Northern Circuit. Judge
18

14

ROBERT TOOMTIS.

Crawford bad served two terms iii the United States Senate from Georgia. He had been Minis ter to Paris during tlie days of the first JVapoleon. He had been Secretary of 'War and. of the Treasury of the United States. In 1825 he received a flattering vote for President, when the Clay and jA_daros compact droro Jackson and Crawford to the rear. Bad health forced Mr. Crawford from the field of national politics, and in 1827, upon the death of Judge Dooly, Mr. Crawford M-as appointed Judge of the Northern Circuit. He held this position until his death in Elbert County, which occurred in 1834. Crawford was a friend and patron of young Toombs. The latter considered him the full peer of Web ster and of Calhoun.
liobert Toombs was married eight months after his admission to the bar. His career ill his pro fession wan not immediately successful. A news paper writer recently said of him that " while his contemporaries were fighting' stnbbornly, with vary ing luck, Toombs took his honors without a struggle, as if by divine rig-lit." This was no more true of Toombs than it is true of other men. He seems to have reached excellence in law bv slow degrees of toil. Hon. Frank Ilardeinan, So licitor-General of the IS'orthern Circuit, was one of the lawyers who examined Toombs for admission to the bar. He afterward declared that Robert

AT THE BAR.

15

Toombs, during tlie first four or five years of his practice, did not give high promise. His work in his office was spasmodic, and his style in court was too vehement and disconnected to make marked impression. But the exnberancc or re dundancy of youth soon passed, and he afterward reached a height in his profession never attained by a lawyer in Georgia.
His work during the first seven years of his practice did not vary in emolument or inci dent from the routine of a country lawyer. In those days the bulk of legal business Jay in the country, and the most prominent men of the pro fession made the circuit with their saddle-bags, and put up during court week at the village taverns. Slaves and land furnished the basis of litigation. Cities had. not readied their size and importance, corporations had not grown to present magnitude, and the wealth and brains of the land were found in the rural districts. " The young lawyers of to-day," says Judge Keeso of Georgia, "are far in advance of those during the days of Toombs, owing; to the fact that (questions and principles then in doubt, and which the lawyers had to dig out, have been long ago decided, nor were there any Supreme Court reports to render stable the body of our jurisprudence."
The counties in which Robert Toombs prac ticed were Wilkes, Columbia, Oglethorpe, Elfoert,

18

IIOBEUT TOOXBS.

Franklin, and Greeiie. The bar of the I^orthern Circuit was full of eminent men. Crawford pre sided over the courts and a delegation of rare strength pleaded before him. There were Charles J. Jeukins, Andrew J. Miller, and George AV. Crawf'ord of Itichmoml County ; from Oglethorpe were George E. Gilmer and Joseph Henry Lumpkin; from Fjlbert, Tliomas AY. Thomas arid Kobert MeMillan ; from Greeiie, "William C. Dawson, Francis H. Cone ; from Clarke, Howell Cobb; from Taliai'erro, Alexander H. Stephens. Across the river in Carolina dwelt Calhonri and McDuffie. As a prominent actor in those days remarked: " Giants seem to grow in groups. There are seed plats which foster them like the big trees of California, and they nourish and develop one another, and seem to put men on their mettle." Such a seed plat we notice wdthiii a radius of fifty miles of Washington, Ga,, where lived a galaxy of men, illustrious in State and national affairs.
In 1837 the great panic which swept over the country left a large amount of litigation in its path. Between that time and 1843, Lawyer Toombs did an immense practice. It is said that in one term of court in one county he returned two hundred cases and took judgment for $200,000. The largest part of his business was in Wilkes and Elbert, and his fees during a single

AT THE P,AR.

17

session of the latter court often readied $5000. During these six years lie devoted himself dili gently and systematically to the practice of his profession, broken only by liis annual attendance upon the General Assembly at jMilledg'eville. It was during this period that lie developed his rare powers for business and his surpassing elo quence as an advocate. He made his fortune during these years, for after 1843, and until the opening of the war between the States, he was uninterruptedly a member of Congress.
There was 110 important litigation in eastern or middle Georgia that did not enlist his services, lie proved to be an ardent and tireless worker, lie had grown into a manhood, of splendid phy sique, and he spent the days and most of the nights in careful application. lie never went into a case until after the most thorough prepara tion, where preparation was possible. But he had a wonderful memory and rare legal judgment. lie was thoroughly grounded in the principles of law. He possessed, as well, some of that com mon sense which enabled him. to see what the law ought to be, and above all else, he had the strongest intuitive perception, of truth. He could strip a case of its toggery and go right to its vitals, fie was bold, clean, feai^ess, and impetu ous, and when convinced ho had right on his side would fight through all the courts, with irresisti-

IS

EO1IERT TOOM1SS.

hie impulse. lie wag susceptible to argument, but seemed absolutely blind to fear. _The bi'ightest chapters of the life of Toombs are perhaps liis courthouse appearances. There is no written record of his masterly perform, aucew, but the lawyers of his day-attest that his jury speeches were oveu better than his political addresses.
A keen observer of those days will tell you that Mr. Stephens -would begin liis talk to the jury with calmness and build upon his opening until lie warmed up into eloquence; but that Mr. Toombs would plunge immediately into his fierce and impassioned oratory, and pour his tor rent of wit, eloquence, logic, and satire upon judge and jury. He would seem to establish his case upon the right, and then defy them to disregard it.
In spite of this vehement and overpowering method he possessed great practical gifts. He had the knack of unraveling accounts, and while not technically skilled in bookkeeping, had a gen eral and accurate knowledge which gave him prestige, whether in intricate civil or criminal cases. He was a rash" talker, but the safest of counselors, and practiced his profession with the greatest scruple. On one occasion he said to a client who had stated his case to him: " Yes, you can recover in this suit, but you ought not to do

AT THE BAR.

19

so. This is a case in which law and justice lire/

on opposite sides."

The client told him lie would push the case,

anyhow.

^

" Then," replied JMr. Toombs, " you. must hire )

someone else 'to assist you iu your damned ras- '

cality."

Ou one occasion a lawyer went to him and asked

him what he should charge a client, in a case to

which Mr. Toombs had just listened iu the court

house.

" We]]," said Toombs, " I should have charged

a thousand dollars; but you ought to have five

thousand, for you did a great many things I

could not have done."

Mr. Toombs was strict in all his engagements.

His practice remained with him, even while he

was in Congress, and his occasional return during

the session of the Superior Court of the Northern

Circuit gave rise at one time to some comment on

the pai't of his opponents, the Democrats. The

nominee of that party, oil the stump, declared that

the demands upon Mr. Toombs's legal talent in

Georgia were too great to admit of his strict attend

ance to public business in Washington. When Mr.

Toombs came to answer this point, he said : " You

have heard what the gentleman says about my

coming home to practice law. He promises, if

elected to Congress, he will not leave his seat. I

30

MOfir-JET TOO3TBS.

leave you to judge, fellow-citizens, whether your interest in Washington will bo best protected by liis continued presence or his occasional absence." This hit brought down the house. Mr. Toombs's addresses to the Supreme Court were models of solid argument. " During the early days of the Su premo Court of Georgia, it was a migratory body; the law creating it tended to popularize it by pro viding that it should hold its sessions in the differ ent towns in the State convenient to the lawyers. The court once met in the little schoolroom of the Liumpkin Lair School in Athens. One of the earliest cases heard was a land claim from Han cock County, bristling with points and involving about $300,000 worth of property. A. H. Ste phens, Benjamin H. Hill, ITowell and Thomas Cobb were employed, but in this splendid fight of Titans, Justice I^urnpkiu declared that the finest legal arguments he ever heard were from the lips of Robert Toombs.
Hon. A. H. Stephens said the best speech Mr. Toombs over made was in a case in which he rep resented a poor girl who was suing her stepfather for cruel treatment. The defendant was a preacher, and the jury brought in a verdict for $4000, the maximum sum allowed, and petitioned the Judge to allow them to find damages in a heavier amount.
One of the most celebrated causes Mr. Toombs was engaged in before the war was a railroad case

AT THE HAS.

21

heard in Marietta, G-.a., in September, 1858. Howell Cobb and Uobert Toombs were employed on one side, while Messrs. Pettigru and Memminger, of Charleston, giants of the Carolina bar, were ranged in opposition. The ordeal was a very try ing one. The case occupied seven days. Mr. Tooinbs, always an early riser, generally com menced his preparation in this case at half-past five in the morning. The hearing of the facts continued in the courthouse until seven in the evening, and the nights were passed in consul tation with counsel. Attendants upon this cel ebrated trial declared that Toombs's manner in the courtroom was indifferent. That, while other lawyers were busy taking notes, he seemed to sit a listless spectator, rolling his head from side to side, oblivious to evidence or proceeding. And yet,when his time came to conclude the argument, he arose with his kingly way, and so thorough was his rnas. tery of the case, with its infinite detail, its broad principles, and intricate technicalities, that his ar gument was inspiring and profound. His mem ory seemed to have indelibly pictured the entire record of the seven days, and to have grouped in his mind the main argument of counsel. It was a wonderful display of retentiveness, acumen, learning, and po\ver. On one occasion, while a member of the United States Senate, he came to Georgia to attend a session of the Supreme Court

22

ROBERT TOOMBS.

iu Milledgeville. He writes his wife : " I have had a hard, close week's work. The lawyers very kindly gave way and allowed my cases to come on this Aveek, which brought them very close to gether, and as I was but ill prepared for them, not having given them any attention last winter, and l.mt little this spring, 1 have been pretty much speaking all day and studying all night." In March, 1856, Mr. Tooinbs wrote to his wife, whom he had left in Washington City, that the spring term of AVilkes court would be the most labori ous and disagreeable he ever attended. Says he : " Fur the first time in my life, I have business in court of my own--that is, where I am a party. The Bank of the State of Georgia has given me a year's work on my own account. If I live I will make the last named party repent of it."
At another time he wrote : " I had fine weather for Elbert, and a delightful trip. Everything went well in Elbert with my business." It usually did. There was no county in which he was more of an autocrat than in Elbert. He never failed to carry the county in politics, oven when Elbert had a candidate of her own for Congress. His legal advice was eagerly sought, mid he was more constilted than any other man iu Georgia about public and private affairs. The reason of his phenomenal success as counsel was that, united with hia learn ing and forensic power, he had a genius for de-

AT THE 13AH.

23

tail. Be was a natural financier. He used to tell President Duvis, during the early days of the Confederacy, that four-fifths of war was business, and that he must " organize " victory.
During" the sessions of Elbert court liis argu ments swept the jury, his word was law outside. His talk was inspiring to the people. His rare and racy conversation drew crowds to his room every night, and to an occasional client, who would drop in upon his symposium to confer 'with, him, he would say, with a move of his head, " Don't worry about that now. I know more about your business than yon do, AS I will show you at the proper time. 7' His fees at Albert were larger than at any other court except liis own home iu Wilkes. It was during the adjournment of court for dinner that he would bo called out by his con stituents to make one of his matchless political speeches. He never failed to move the crowds to cheers of delight.
On one occasion lie was at Koauoke, his planta tion in Stewart County, Ga. He writes his wife : " I was sent for night before last to appear in Lnmpkin to prosecute a case of murder: but as it appeared that the act was committed on account of a wrong to the slayer's marital rights, I declined to appear against him." ]\Jr. Toom~bs was the embodiment of virtue, and the strictest defender of the sanctity of marriage on the part of man as

34

ROSERT TOOM13B.

well as woman. His whole life was a sermon of purity and devotion.
Judge AVilliarn 31. Tleese, wlio practiced law with Mr. Toombs, and was his partner from 1840 to 1843? gives this picture of Toombs at tlie bar: "A. noble presence, a delivery which captivated his hearers by its intense earnestness : a thorough know-ledge of his cases, a lightning-like perception of the weak and strong- points of controversy ; a power of expressing- in original and striking lan guage his strong convictions; a capacity and will-' ing-iiess to perform intellectual labor; a passion for the contest of the courthouse ; a perfect fidelity and integrity in all business intrusted to him, with charming conversational powers--all contributed to an immense success in his profes sion. Siich gifts, with a knowledge of business and the best uses of money, were soon rendered valuable in accumulating wealth."
Although Mr. Toombs often, appeared in courts to attend to business already" in his charge, he gave out that he would not engage in any new causes which might interfere with his Congres sional duties. The a,bsorbiner nature of public business from J 850 to 18C7 withdrew him from the bar, and the records of the Supreme Court of Geoi'gia have only about twenty-five cases argued by him in that time. Some of these were of com manding importance, and the opinions of the

vlf THUS BAR.

26

Justices handed down iiitliat time bear impress of the conclusiveness of his reasoning and the power of his effort before that tribunal. Jud^e 1C. H. Pottle, who presided over the courts of the North ern Circuit riming the later years of Toombs's practice, recalls a celebrated land case when Robert Toombs was associated against Francis II. Cone--himself a legal giant. Toombs's associate expected to make the argument, but Cone put up such a powerful speech that it was decided that Toombs must answer him. Toombs protested, declaring that he had been reading a newspaper, and not expecting to speak, had not followed Judge Cone. However, ho Joid down his paper and listened to Cone's conclusion, then got up and made an overmastering forensic effort which cap tured Court and crowd.
The last appearance Toombs ever made in a criminal case was in the Eberhart case in Oglethorpe County, Gra., in 187?. Be was then sixtyseven years of age, and not only wa his speech n*ne, but his management of his case was superb. He .had not worked on that side of the court for many years, but the presiding Judge, who watched him closely, declared that he never made a mistake or missed a point.
It was during a preliminary hearing of this case that Toombs resorted to one of his brilliant and audacious motions, characteristic of him. The

2H

ItOBKST TOOMBS.

State wanted to divide the case mid try the princi pals separately. Father and son were charged with murder. The defense objected, but was overruled by the Court. General Toombs then sprung the point that Judge Pottle was not qualified to pre side, on the ground of a rumor that he had selected the men of the jury panel instead of drawing them. Toombs further argued that the Court was not competent to decide the question of fact. Judge Pottle vacated the bench and the clerk of court called Hon. Samuel II. Hard em an to preside. Toombs and Benjamin H. Hill, his assistant, con tended that the clerk had no right to appoint a judge. Judge Hardeman sustained the point and promptly came down, when Judge Pottle resumed the bench and continued the case--just the result that Toombs wanted. This case attracted immense comment, and in the Constitution of 1877 a pro vision was made, growing out of this incident, pro viding for the appointment of judges pro hoc vice.
He was a bitter enemy to anything.that smacked of monopoly, and during the auli-railroad agitation of 1879-80, ho said: "If I was forty-five years old I would whip this fight." Still, he was an exceedingly jnst man. T^inton Stephens, noted, for his probity and honor, said he would rathe]' trust Robert Toombs to decide n. case in which he was interested than any man he ever saw.
During the last five years of General Toombs's

AT T1JK BAH.

27

life he was seldom seen in the courtroom. He was sometimes employed in important causes, but his eyesight failed him, and his strength "was visi bly impaired. His addresses were rather discon nected. His old habit of covering- his points in great leaps, leaving the intervening spaces unex plained, rendered it difficult to follow him. His mind still acted with power, and he seemed to pre sume that his hearers were as well up on his sub ject as lie was. His manner was sometimes over bearing to the members of the bar, but no man was more open to reason or more sobered by reflection, and he was absolutely without malice. He was always recognized as an upright man, and he main tained, in spite of his iuiirrnities, the respect and confidence of the bench and bar and of the people.
Chief Justic'e Jackson said : " In the practice of law7 this lightning-like rapidity of thought distin guished Toornbs. He saw through the case at a glance, and grasped the; controlling point. Yield ing minor hillocks, he seized and held the height that covered the field, and from that eminence shot after shot swept all before it. Concentrated tire was always his policy. A. single sentence would win his case. A big thought, compressed itito small compass, was fatal to his foe. It is the clear insight of a great mind only tba,t shaped out truth in words few and. simple. Brevity is power, wherever thought is strong. From Gaul Caesar

2H

ROBERT TOOMB8.

"wrote ; Ven-ij vidi, -vici? Rome was electrified., and tlie message immortalized. Toombs said to tliis Court, ' May it please your Honor--Seizin, Mar riage, Death, Dower/ and sat down. His case was Avon, the widow's Heart leaped -with joy, and the lawyer's argument lives forever."

CHAPTER III.
[51 THE LEGISLATUllE.
WHJOT Andrew Jackson and John C. Calkoun were waging tlieir " irrepressible conflict," tlie county of Wilkes in the State of Georgia was nursing discordant factions. Just across the river ill Carolina lived the great Nullifier. The Vir ginia settlers of Wilkes sided with him, while scores of North Carolinians, who had come to live in the county, swore by " Old Hickory." This political difference gave rise to numerous feuds. The two elements maintained their identity for generations, and the divisions became social as well as political. The Virginians nursed their State pride. The sons of North Carolina, over shadowed by the Old [Dominion, clung to the Union and accepted Andrew Jackson, their friend and neighbor, as oracle and leader. The earliest political division in Georgia was between the Clarke and Crawford factions. General John Clarke, a sturdy soldier of the Revolution, came from ISTorth Carolina, while TVilliam II. Crawford, a Virginian by birth and a Georgian by residence, led the Virginia element. The feud between

30

ROVnllT TOOMBS.

Clarice and Crawford gave ride to numeroii-s duels. Then came George JVL Troup to reenforce tlie Crawford faction and defend States' Rights, even at the point of the sword. Troup and Clarke were rival candidates for Governor of Georgia in 1S25, an-d the Toombs family ardently fought for Troll]). Young' Toombs was but fifteen years of age, but politics had been burnt into his ardent soul. AYilkes had remained a TJnion county until this campaign, when the Xroup and Toombs iuinience was too strong' for the JST orth Carolina faction. Wilkes, in fact, .seemed to be a watershed in early politics. It y\'as in close touch with Jackson and Calhoun, with Clarke and Crawforcl, and then with Clarke and Troup. On the one side the cm-rent from the mountain streams melted into the peace ful Savannah and merged into the Atlantic ; on the other they swept into the Tennessee and hurried off to the Father of Waters.
Robert Toombs cast his first vote for Andrew Jackson in 1832. He abandoned the Union Democratic-Republican party, however, after the proclamation and force bill of the Administra tion, and joined the States' liio'hts AVhigs. TVlren young' Toombs was elected to the General Assem bly of Georgia in October, 1837, parties were sharply divided. The Democrats, sustained by the personal popularity of " Old Hickory," were still dominant in the State. The States' Rights

Z.V TITK LEOTSLATURE.

SI

Wliigs, however, Lad a large following, and although not indorsing the doctrines of Culhoun, the party was still animated by the spirit of George M. Troup. This statesman, just I'etired from public life, had been borne from a sick-bed to the United States Senate Chamber to vote against the extreme measnres of President Jacksou. The Tron p men claimed to be loyal to tlie Constitution of their country in all its defined grants, aud conceded the right of the Chief Magis trate to execute the office so delegated, but they resisted what they believed to be a dangerous latitude of construction looking to consolidated power. Robert Toombs was not a disciple of Calhoun. While admiring the generalities and theories of the great Carolinian, the young Georgian was a more practical statesman. The. States' Rights Whigs advocated a protective-r tariff; and a national bank. They believed that ' the depreciation of the currency had caused the distress of the people in the panic of 1837, and no mail in this stormy era more vigorously up braided tlie pet-bank and snb-treasniy system than Robert Toombs. He introduced a resolu tion in the legislature declaring that President Van Buren had. used the patronage of the govern ment to strengthen, his own party; that he had repudiated the practices and principles of his patri otic antecedents, and " had sought out antiquated

32

SOJJEBT TOOMBS.

liuropean systems fur the collection; safe keeping, and distribution of public moneys--foreign to our habits, unsuited to onr conditions, expensive and unsafe in operation." jMr. Toombs contended, with all tlie force that was in him, that a, bank of the "United States, properly regulated, was "the best, most proper and economical means for hand ling public moneys." Robert Toombs would not have waited until ho was twenty-seven years of age before entering public life, had not the senti ment of his county been hostile to his party. AVilkes had been a Union comity, but in f 837 it returned to the lower house two Democrats, and Robert A. Toombs, the only "Whig. Xothing but his recognized ability induced the people to make an exception in his favor. Besides his reputation as an orator and advocate, Toombs had just re turned from the Creek war, where he had com manded a company and served under General Winfleld Scott iu putting down the insurrection of Neahmatha, the Indian chief. He now brought to public life the new prestige of a soldier. After this, "Captain Toombs " was never defeated in his county. He was returned at the annual elections in 1839, 1840, 1842, and 1843--and succeeded in preserving at home an average TVhig majority of 100 votes. lie did not care for the State Sen ate, preferring the more populous body, then composed of 00 members. Parties in the

Z7V THE LHGISLATTJR'a.

33

State were very evenly balanced, but Mr. Toombs preserved, In the varying scale of politics, a prominent place in the house. Ho was made chairman of tlie Judiciary Committee "by his poli tical opponents. He served as a member of the Committee oil Interim! improvements, as chair man of the all-important Committee on ^Banking, chairman of the Committee on State of the Re public, and in 1842 received the vote of the "Whig . minority in the house for Speaker. In 1840 the Whigs gained control of the government. The Harrison tidal wave swept their best men to the front in State and national councils. Charles J. Jenkins of Richmond was elected speaker of the house, and Mr. Toombs, as chairman of the Hank ing Committee, framed the bill which repealed the law authorizing the issue of ba.nk bills to the amount of twice their capital stock. He went right to the marrow of honest banking and sound nuance by providing for a fund to redeem the out standing bills, and condemned the course of the State banks in flooding the State with irredeem able promises to pay.
It was at this session of the Genera] Assembly that Mr. Toombs displayed the skill and sagacity of a statesman in fearlessly exposing a seductive scheme for popular relief. lie was called upon to confront public clamor and to fight in the face of fearful odds, but he did not falter.

34

ROBERT TOO-VBS.

Just before the General Assembly of 1840 adjourned, Governor McDonald sent an urgent message to botli Louses calling "upon them to frame some means for the speedy relief of the people. The situation in Georgia was very dis tressing. The rains and floods of that year had swept the crops from the fields, and there was much suffering among the planters. Coming upon the heel of the session, the Whig members of the legislature looked upon the message as a surprise, and rather regarded it as a shrewd po litical strolse. Mr. Tooiubs was equal to the emergency. -He t|Liickly put in a resolution aslcing the Governor himself to suggest some, means of popular relief--throwing the burden of the problem baclv upon the executive, J>ut Governor McDonald was armed. He drew Iris last weapon from his arsenal, and used it with formidable power. He sent in an elaborate message to the nouses recommending that the State mnlce a large loan and deposit the proceeds in hank, to be given out to the people on good security. The Senate committee, in evident sympathy with, the scheme for relief, reported a bill authorizing the issue of two. million six-year eight-per-cent. bonds to be loaned to private citizens, limiting each loan to one thousand dollars, and restricting the notes to three years, with eight per cent, interest.
The report of the House Committee was pre-

7.Y T1IK LEGISLATURE.

35

pared by Robert Toombs. It was the most admirable and statesmanlike document of that day. Mr. Toombs sai<l that deliberation had resulted in the conviction that tlie measure sug gested by His Excellency should riot be adopted. While his committee was duly sensible of and deeply regretted tlie pecuniary embarrassment of many of their fellow-citizens, he felt constrained by a sense of public duty to declare tliat he deemed it "uiiwiee and impolitic to use tlie eredit, and pledge the property and labor of the whole people, to supply the private wants of a portion only of the people. The nse of the public credit, lie went on to say, was one of the most important and delicate powers which a free people could con fide in their represonlat ives ; it should be jealously guarded, sacredly protected, and cautiously nsed, even for tlie attainment of (he noblest patriotic ends, and never for the benefit of one class ol' tlie community to the exclusion or injury of the rest, whether the demand grew out of real or supposed pecuniary difficulties. To relieve these difficul ties by use oi^ the puljlic credit \vould be to substitute a public calamity for private misfor tune, and would end in the certain necessity of imposing grievous burdens in the way of taxes upon the many for the benefit of the few. All experience, Mr. Tooml>s went on to declare, ad monish us to expect such results from the pro-

36

ROBKRT TOOMBS.

posed I'elief measures, to adopt which would be to violate some of the most sacred principles of the social compact. All free governments, deriv ing their just powers from, and being established for the benefit of, the governed, must necessarily have power over the property, and consequently the credit, of the governed to the extent of public use, and no further. And whenever government assumed the right to use the property or credit of the people for any other purpose, it abused a power essential for the perfection of its legislative duties in a manner destructive of the rights and interests of the governed, and ought to be sternly resisted by the people. The proposed measures, he contended, violated these admitted truths, as serted the untenable principle that governments should protect a portion of the people, in violation of the rights of the remainder, from the calamities consequent 011 unpropitious seasons and private misfortunes.
ITe must have been an indifferent or careless' spectator of similar financial schemes, Mr. Toombsdeclared, who could persuade himself that this plan of borrowing money, to lend again at the same rate of interest, could be performed without loss to the State. That loss must be supplied by taxation, and to that extent, at least, it will op erate so as to legislate money from the pocket of one citizen to that of another. The committee

IN TUB LEOISLATUUB.

37

declared that it knew of no mode of legislative relief except the interposition of unconstitutional, unwise, unjust, And oppressive legislation between debtor and creditor, which did not need tlieir con demnation.
The argument was exhaustive and convincing. ISTever were the powers of the State or the sound ness of public credit more strongly wot forth. The whole scheme of relief was abandoned, and the General Assembly adjourned.
The relief measures, however, had a Teat effect upon the campaign. ^Rejected in the legislature Tinder the rattling fire and withering sarcasm of Toombs, they were artfully used on the hustings. " McDonald and Relief " was the slogan. Men talked airily about "deliverance and liberty." Mr. Toombs declared that " humbuggery was re duced to an exact science and demonstrated by figures." The Act compelling the banks to make cash payments was represented as an unwise con traction <>C the currency and a great oppression to the people. Governor McDonald was consequent!y reflected over William C. Dawson, the Whig nom inee.
Kobert Toombs was not a candidate for ree'lection in 1841. He worked hard at the polls for the Whig ticket, and although his candidate for Governor received a majority of one in Wilkes County, the Whigs were defeated for the legisla-

38

BOB1HBT TOOMI1S.

ture. ^Vhen lie returned to the Assembly in 1842 lie still found Governor McDonald and the ]3emocrats supporting a central bank and the sub-treas ury. They clamored to restore public nuances to the old system. The Democrats held the legisla ture and elected to the United States Senate Wal ter T. Oolquitt over Cha.rles J. Jen kins. Although a member of the minority party, Mr. Toombs was appointed chairman of the Judiciary Committee. Here his high character and moral courage shone conspicuously. He proved a stone wall against the perfect flood of legislation designed for popu lar relief. To use his own words : "The calendar was strong with a heterogeneous collection of bills proposing stay-laws." He reported as " unwise, inexpedient, and injurious," proposed Acts "to protect unfortunate debtors"; "to redeem prop erty in certain cases''; also a bill to "exempt from levy and sale certain classes of property." He held with Marshall the absolute inviolability of contracts.; he believed in common honesty in public and private life ; he was strict in all busi ness obligations ; he denounced the Homestead Act of 1868, and declared in his hist days that there was "not a, 'dirty shilling in his pocket." Mr. Toombs was nothing; of the demag'ogue. He was highmirided, fearless, and sincere, and it may be said of him what he afterward declared so often of Henry Clay, that " he 'would not flatter ISTep-

ly TUB LEGISLATURE:.

89

tune for his trident or Jove for his power to thunder." He was called upon, at this session to fight the repeal of the law he had framed ill 1840, to regulate the system of banking. He de clared in eloquent terms that the State must re strict the issue of the banks and compel their payment in specie. The experiment of banking on public credit had failed, he said. It had brought loss to the government, distress to the people, and had sullied the good faith of Geor gia.
It was at this session of the legislature that the Democrats proposed a vote of censure upon John McPiierson Ben-ion, United States Senator from Georgia, for his advocacy of a national bank. Mr. Toomba ardently defended Senator Berrien. He said that the State legislature was not the custodian of a senator's conscience, and held that the people of Georgia sanctioned the expediency and utility of a national bank. When the resolution of censure came up in the house, the Whigs refused to vote, and raised the point of " no quorum." Speaker 2?/"O &3/?a. ^Vcllborn, who presided, counted a quo rum and declared the resolutions adopted. Mr. Toombo Sred up at this unusual decision. Be threw himself before the Speaker with impetuous appeal and called for a reversal of the decision. But it was Democratic house, and the Speaker waa sustained by a vote of 96 to 40.

40

ROBERT TO03IJBS.

The craze for internal improvements now Hwept over the country. Tlie Whigs were espe cially active, and we find resolutions adopted by the General Assembly, calling on tlie Federal Government to create ports of entry and to build government foundries and navj" yards on tlie Southern seaboard. Mr. Toombs was chairman of the Committee of Internal Improvements, but his efforts were directed toward the completion of the Western and Atlantic Railroad. These en terprises had. overshadowed the waterways, and the railway from Charleston, S. C., to Augusta, Gra.? one of the very first in the country, had just been completed. Already a company had em barked upon the construction of the Georgia Ttailroad, and on May 21, 183*7, the first locomotive ever put in motion on the soil of Georgia moved out from Augusta. A local paper described the event in sententious terms :
This locomotive started beautifully and majestically from tlie depository n,nd, following llie impelns g'iveTi, rlew with surprising: velocity on the road \vhicli hereafter is to be her natural element.

The General Assembly decided that these rail lines should have an outlet to the West. This great road was finally built and operated from Atlanta to Chattanooga, and is still owned by the State, a monument to the sagacity a.nd persistency of Toombs and his associates in 1840. The great

Ji*r TI-IK LEGISLATURES

41

possibilities of these iron highways opened the eyes of the statesmen of that (lay, j\Ir. Calhouu. seemed to (b'op for u time his philosophical studies of States Mid shivery mid to dream of railroads and commercial greatness, lie proposed the con nection of the Atlantic Ocean with the Mississippi Kiver and the great West, through Cumberland (lap--a brilliant and .feasible scheme. Governor CHimer of Georgia, declared in his message that these projected roads " would add new bonds to the Union." But King Cotton, with his millions in serfdom, issued his imperial decrees, and not even this great railroad development could keep do'.vu the tremendous tragedy of the centnrv.
One of the measures to which Mr. Toombs de voted great attention during his legislative term was the establishment of a State Supreme Court. Tliis bill was several times defeated, but finally in 1848 passed the house l>y a vote of 88 to 86. It was the scene of many of his forensic triumphs. He also introduced, during the sessions of 1843 and 1843, bills to abolish suretyship in Georgia. This system had been severely abused. lu the flush times men indorsed without stint, and then during the panic of 18-':7 "reaped the whirl wind." J^ortuiies were swept away, individual credit ruined, and families brought to beggary by this reckless system of surety. ^Vha,t a man seldom refused to do for another, Mr. Toombs

4!!

ROBERT TOOJtBS.

strove to reach by law. But the system had be come too firmly iiitreuclied ill the financial habits of the people. Sis bill, which he distinctly stated was to apply alone to future and not past con tracts, only commanded a small minority of votes. It was looked upon as an abridgment of personal liberty. Mr. Toombs exerted all of hia efforts in behalf of this bill, and it became quite an issue in Georgia. It is nut a. little strange that, when Robert Toombs was dead, it was found that hia own estate was involved by a series of indorse ments which he had given in Atlanta to the Kimball House Company. Hud he maintained the activity of his younger days, he would prob ably have turned this deal into a profitable invest ment. The complication was finally arranged, but his large property came near being swept away under the same system of surety he had striven to abolish.

CHAPTER IV.
IXTX'TED TO COKGR3CBS.
public life about tlic game time, liv ing a short distance apart, professing the same political principles, practicing in the same courts of law, were Alexander H. Stephens of Taliaferro and Robert Toombs of Wilkes. "Entirely unlike iu physical organism and mental make-up, differ ing entirely in origin and views of life, these two men were close personal friends, and throughout an eventful period of more than half a century, preserved air alfeetiouate regard for each other.
Mr. Stephens was delicate, sensitive, conserva tive, and sagacious, while Toombs was impetuous, overpowering, defiant, and masterful. Stephens was small, swarthy, fragile, while Toombs was leonine, -full-blooded, and majestic. And yet in peace and war these two men walked hand in Land, and the last public appearance of Kobert Toombs was when, bent and weeping, lie bowed his gray head at. the collin and pronounced the; funeral oration over Alexander Stephens.
In the General Assembly of" 1843, Kobert Toombs was a member of the house, but his

44

ROBERT TOOJfBS.

ability and power hud marked him as a candidate for Congress, and 3Ir. Stephens had already been promoted from the State Senate to a seat in the national legislature at ^Vashington. The law re quiring the State to choose congressmen on the district plan had been passed, ami the General Assembly was then engaged in laying off the counties into congressional districts. The bill, as first reported, included the counties of TVilkes and Tnliaferro in the second district of Georgia. Here was a problem. Toombw and Stephens had been named as Whig candidates for the Clay campaign of 1844. To have them clash would Lave been to deprive the State of their talents in the national councils. It would be interesting to speculate as to what would have been the result had these two men been opposed. Stephens was naturally a Union man, and was no very ardent advocate of slavery. Toombs inherited the traditions of the Virginia landowners. It is not improbable that the firmness of the one would have been a foil for the fire of the other. History might have been written differently had not the conference com mittee in the Georgia ^Legislature in 1848 altered the schedule of districts, placing TaJiaferro in the seventh and Wilkes in the eighth Congressional district. J^oth wore safely AVhig, and the future Vice-President and premier of the Southern Con federacy now prepared for the canvass which was

TO CONGT11SSS.

48

to plunge them into their duties us members of the national Congress.
Robert Toombs had already made Ins appear ance ill national politics in 1840. Although still a member of the Georgia. Legislature, ho took a deep interest in the success of the Whig ticket for President. His power as a stump speaker was felt in eastern Georgia, where the people gathered at the "log cabin and hard cider" campaigns. The most daring- i'eat of young Toombs, just thirty" years old, was in crossing the Savannah River and meeting George McDuftle, the great Democrat of South Carolina, then in the zenith of liis fame. An eye-witness of this contest be tween the champions of Van TSnren arid Harrison declared that .McDntrle was " harnessed lightning 11 himself. He was a nervous, impassioned speaker. When the rash young G-eorgian crossed over to WiUingtou, S. C., to meet the lion in Ms den, Toombs rode horseback, and it was noticed that his shirt front was stained with tobacco juice, and yet Toombs was a remarkably handsome man. " Genius sat upon his brow, and his eyes were as black as death and bigger than an ox's." His presence captivated even the idolaters of McDuffie. His argument and invective, his over powering eloquence, linger in the memory of old men now. ]\TcI)ufne said of him: "I have heard John Randolph of Koanoke, and met Burgess of

40

IIOTIKUT T0031I1S.

Rhode Island, but this wild Georgian is a Mirabeaii."
lu 1844 Robert Toombs was a delegate to tlie Baltimore eonveiitioii which nominated Henry Clay, and during tliis visit, lie made a speech ill New- York which attracted wide attention. It threatened to raise a storm about his head in Georgia. In his speech lie arraigned Mr. Calhonn for -writing his "sugar letter "to "Louisiana, and for saying that he would protect sugar because it was the production of slave labor. !\Ir. Toombs declared : "' It any discrimination is made between free and slave labor it ought to be in favor of free labor." " But," said lie, " the "Whigs of Georgia want no such partial protection aw 3Ir. Calhouii of fers ; they want protection for all classes of labor and home industry. The Whigs protest against these efforts to prejudice the South against the North, or the North against the 8ontli. They have a common interest as well as a common historyThe blood that was mingled at Yorktown and at Entaw cannot be kept at enmity' forever. The \\ nigs of Bunker Hill are the same as the Y\ nigs of Georgia." Mr. Toombs was actually charged in this campaign with being an Abolitionist. He was accused of saying in a, speech at Mallorvsville, Ga.. during the Harrison campaign, that slavery was "a moral and political evil." This was now brought up against him, Mr. Toombs admitted

ELKCTED TO CO A (IJtKKK.

4T

saying that slavery was si political evi!. He wrote a ringing letter to liis constituents, in which lie de. ciared that " the affected fear and pretended sus picion of a part of the Democratic press in relation to my views are well nuclei-stood by (he people. I have no language to express my scorn and con tempt for the whole crew. I have no other reply to mate to these common sewers of filth and false hood. If I had as many arms as Briarens they would be too few to correct the misrepresentations of speeches I have made in the past six mouths."
It vras on the 3d of October, 1 844, that Robert Toombs spoke at a memorable political meeting iu Augusta, Ga. Augusta was in the heart of the district which he was contesting for Congress, and the Democrats, to strengthen their cause, brought over McDiiilie from South Carolina.. Tjjirge crowds were present in the shady yard, surrounding the City Hall ; seats had been constructed there, while back in the distance long trenches were dug, and savory meats were undergoing the famous process of barbecue. Speaking commenced at ten oclock in the morning, and, with a short rest for dinner, there were seven hours of oratory. "People seldom tired in those days of forensic meetings. Toombs was on his mettle. lie denounced the Democrats for dragging the slavery (prestion before the people to operate upon their fears. It was a bugbear everlastingly used to cover up the true Question a8

4B

11OJ3KUT TOO3TBS.

issue. It was kept up to operate, on the fears of the timid aud tlio passions and prejudices of tie unsuspecting.
The young Whig then launched into a glowing defense of the National Bank. The Democrats had asked where was tlie authority to charter a bank? He would reply, u \Yhere was the author ity-, in so many words, to build lighthouses ? Dem ocrats were very strict constructionists n hen it was necessary to accomplish their political purposes, but always found a way to get around these donl)ts when occasion required." Tie taunted AIcDuffie with having" admitted that Congress had power to charter a "bank.
Mr. Toomrjs contended that a. tariff, with the features of protection to American industry, had existed since the foundation of the government. This great system of " plunder" had. been sup ported by Jefferson. Eloquently warming up under the Democratic charge that the tariif was a system of robbery, Mr. Toombs appealed to every Whig aud Democrat as an American who boasted of this government as " a model to all nations of the earth; as the consummation of political wisdom ; who asks the oppressed of all nations to come and place him self under its protection, because it upholds the Aveak against the strong and protects the poor against the rich, whether it has been going on in a system of plunder ever since, it sprang into power.1' "It is not true," he said, " it is not true ! "

KT.ECTKV TO COffOJlKSS.

48

Turning with prophetic ken to bis A_ugusta friends, he asked wdiat would be the effect were the Savannah liiver turned through the beautiful plains of Augusta, a.ud manufacturer built up where the industrious could find employment. Hundreds of persons, lie said, would be brought together to spin the raw eottou grown in the State, to con sume tlie provisions vvdiich the farmers raised, thus diversifying their employment and increasing their profits. " Would any man tell me," shouted the orator, liis eyes blazing, and his arms uplifted, "that this would impoverish the country--would make paujiers of the people ? To increase the places v\ here the Ial.xjrer may sell his labor would never make him a pauper. Be controlled," said he, " in the administration of government and in all other things, by the improvement of the age. Do not tie the living to the dead. Others may despise the lights of science or experience ; they have a right, if they choose, to be governed by the dreams of economists "who have rejected practical evidence. But no such consistency is mine. I will have none of it."
MeDriilie in his speech declared that all the plundering which England had been subjected to from the days of Hengist and Horsa could not equal the plundering which the people of the ex porting States had sustained.
Toombs an.svrered that if a man must pay tax to sustain the government it was better he should

BO

ROBERT TOOMBS.

I

pay it in such away as to benefit his own country men than for the benefit of foreign manufacturers and foreign capitalists.
Mr. Toombs alluded to a letter of James K. Polk to a Pennsylvania manufacturer, as leaning toward ] >rotection.
TVIcDufHe said that Polk's letter was "composed for that meridian."
" Henry Clay does not need an interpreter," cried Toombs. " He is the same in the North as in the South. He would rather be rig-lit than Presi dent."
" Dallas, the Democratic nominee for vice president, is a high-tariff man," said Toombs. "lie voted for the tariff of 1833 and against the compromise measures. Although the sword. was drawn to drink the blood of McPuitie's friends in Cai'oliua, Dallas would still adhere to his pound of flesh."
Toombs concluded his great reply to McDuffie: " We have lived tinder the present order of things for fifty years, and can continue to live under it for one thousand years to come, if the people of the South are but content to stand npon their rights as guaranteed in the Constitution, and not work confusion by listening to ambitious politi cians : by taking as much pains to preserve a good understanding with our Northern brethren, the vast majority of whom are inclined to respect the limitations of the Constitution."

ELECTED TO COXORESS.

51

Tins vfii perhaps the greatest political meeting Georgia ever held. Politics were at white lieat. Toonibs and McDuilie eacli spoke two hoursTlie campaign cry was for the Whigs: " Clay, Frelinghuysen, Toombs, and our glorious Union," and l>y tli<s Democrats: "Polk, Dallas, Texas, and Oregon.'' It was AVhig TS. Toco-foeo. The Whig leaders of the South wore Pettigru, Thomp son, and Yeadon of Sontli Carolina, Merri weather, Toonibs, ancl Stephens, of Georgia, while the Dem ocratic lights were jVIcDuffie, Rhett, ancl Pickens of South Carolina, and Charltou, Cobb, Colquitt, and TIerschel V. Johnson of Georgia.
The campaign of 1844 was bitter in Georgia. The AVhigs carried the burden of a protective tariff, while the memories of nullification and the Force bill were awakened by a ringing letter from George 1VI. Troup, condemning the tariff in his vig orous style. This forced Mr. Toombs, in his letter accepting the congressional nomination, to review the subject in its relation to the States' Eights party in Georgia.. " The tariff of 1824," said he, " which was voted for by Andrew Jackson, car ried the principle of protection further than any preceding one. Jackson was the avowed friend of the protective policy, yet he received the vote of Georgia, regardless of part}'. In 1828 the Harrisbnrg convention demanded additional pro tection, and this measure was carried through Congress by the leading men of the Democratic

53

Korsi'ir.T Toojrns.

party. It created discontent in llie Soutli, and tie Act of 1832 professed to modify the tariff--but this measure not proving satisfactory was 'nulli fied. ' by South Carolina. Gen end Jackson then issued his proclamation which pronounced princi ples and issues utterly at war with the rights of the States, and subversive, of the character of the government. The opponents of consolidating prin ciples went into opposition. Delegates met in Milledgeville in 1833, adopted the Virginia and Kentucky resolutions, denounced the sentiments of Jackson's proclamation, and affirmed the doctrine of States' Eights."
"The Democratic party was then," said Toornbs, "cheek by jowl with the whole tariff party in the United States, sustaining General Juo.kson, and stoutly maintaining that the leaders of that spirited little band in our sister ' State, whose talent shed a glory over their opposition, deserved a halter. They sustained John C. Forsythe in voting against the Compromise bill--that peace offering of the illustrious Henry Clay."
Mr. Toombs declared in this campaign that the effect 01 a, tariff on the productive industries of a country has been a disputed question among the wisest statesmen for centuries, and that these influences are subject to so many disturbing causes, both foreign and domestic, that they are incapable oil being reduced to fixed principles.

f Mr. Toombs (lid not hesitate. lio\\-ever, to conde "the theories of the South Carolina school of politics." Mr. Toombs opposed the acquisition of Texas. He did not believe the Xorth would consent. " It matters not," he said, " that Mexico is weak, that the acquisition in easy. Tho question is just the same : Is it right, is it just, is it the policy of this country to enlarge its territory by conquest 2 The. principle is condemned, by the spirit oi' the age, by reason, and by revelation. A people who love justice mid iiate wrong and oppression cannot ap prove it. War in a just cause is a great calamity to any people, and can only be justified by the highest necessity. A people who go to war with out just and suilieiont cause, with no other motive than pride and love of glory, are enemies to the human race and do.-iervo the execration of all man kind. What, then, must lie the judgment of a war for plunder?" lie denounced the whole thing as a land job, and declared that he would rather Lave " the Union without Texas rh.-iu Texas without the Union." The Democratic opponent of 3Ir. Toombs in this canvass was Hon. Edward J. Black of Sere- ven, who had been in Congress since 1838. The now district was safely Whig, but the young candidate had to fight the prestige of McJDufile and Timip and opposition, from numberless

54

BOTiEllT TOOMBS.

sources. It was charged that lie always voted in the Georgia ^Legislature to raise taxes. He re torted, "It is right to resort to taxation to pay the honewt debt of a State. I did vote to raise taxes, and I glory in it. It was a duty I owed the State, and I would go to tlio last dollar to preserve her good name and honor."
While Mr. Toombs was making1 a speech in this canvass a man in the aiidienco charged him with having voted for the free banking law and against the poor-school fund. "The gentleman," said Mi-. Toombs, " seems to find pleasure in reveling in my cast-off errors. I shall not dis turb him."
" How is this, Mr. Toombs," shouted a Demo crat at another time, " here is a vote of yours in the house journal I do not like."
" Well, my friend, there are several there that I do not like : now what are you going to do about it ? "
Especially was opposition bitter to Henry Clay. Cartoons wore published from Northern papers, of Clay whipping a negro slave, with this inscription: "The Mill Boy of the SlasJies." Pictures appeared in the Democratic papers of a human fiii'ure surmounted by a pistol, a bottle, and a deck of cards. To this a resume of Clay's mis deeds was appended :
"In 1805 quarreled with Colonel Davis of Ken-

KLKOTEV TO COSOBKSS.

56

tueky, which led to Ilia first duel. In 1808 challenged Id in nphrey ^Marshall, and fired three times at his breast. In 1825 challenged the great John liandolph, and tired once at his breast. In 1888 he planned the Cilley duel, by which a mur der was committed and a wife made a mourner. In 18-1J, when sixty-five years old, and gra,ylieaded, is under a live thousand dollar bond to keep the peace. At twenty-nine he perjured him self to secure a seat in the United States Senate. In 1824, made the infamous bargain with ^Vdams by which he sold out for a six thousand dollar office. He is well known as a gambler and Sab bath-breaker."
But the eloquent Harry of the West had a large and devoted following. He visited Georgia in March of tliis year, and charmed the people by his eloquence and magnetism. Uobert Toombs had met liim at the social board and had been won by his superb mentality a.nd fine manners. Women paid him the tribute of their presence wherever he spoke, and little children scattered flowers along his path. But the November election in Georgia, as elsewhere, was adverse to the party of Henry Clay. Toombs and Stephens were sent to Congress, but the electoral vote of Georgia was cast for Polk and Dallas, and the Whigs, who loved Clay as a father, regarded his defeat as a personal affliction as well as a public calamity.

CHAPTER. V.
IK" THE LOWER HOUSE.
ROBERT TOOJIBS took his seat in the twentyninth Congress in December, 18-15. The Demo crats organized the House by the election of John W. Davis of Indiana, Speaker. The House was made up of unusually strong men, who after ward became noted in national affairs. Hannibal Ilamlin was with the Maine delegation : ex-Presi dent John Quiiiey Adams had been elected from Massachusetts with Robert C. ^Vinthrop; Stephen A. Douglas was there from Illinois ; David "Wilrnot from Pennsylvania; K. Barinrell Illiott and Armistead I5urt from South Carolina; Geo. (X Droomgoole and Kobert M. T. Hunter of Virginia, Andrew Johnson oi: Tennessee, were members, as were Henry W. Hilliai'd and IV. JU Yancey of Alabama, Jefferson Darvis and Jacob Thompson of Mississippi, a,nd John Slidell of Louisiana. Toombs, Stephens, and Cobb were the most prominent figures in the Georgia delegation.
The topics uppermost in the public: m'md of that day were the Oregon question, Texas, and the ubiquitous tariff. It looked at one time as if war with Great Britain were unavoidable. Presi-
50

IN Tim LOWJUR JI'OUSE.

RV

dent Folk occupied an. extreme position, and . declared in his message to Congress that our title to the whole of Oregon was clear. The boundary of the ceded territory was unsettled. The .Demo crats demanded the occupation of Oregon, with the campaign cry of "fifty-four t'ortv or light."
Mr. Toombs did not accept President Polk's position. His first speech in the House was made January 12, 1 84i> 7 and at once placed him in the front rank of orators and statesmen. ITe said that it was not c 3 ear to him that ou r title was exceptional up to 54 40'. Our claim to the terri tory north of the Columbia Kiver was the Spanish title only, and tin's had been an. inchoate right.
Mr. Toombs wanted the question, settled by reason. He impetuously declared that " neither the clamors AVI thin nor without this hall, nor iJ'ie ten thousand British camion, 'floating on every ship. or mounte< 1 on everv island, shal 1 influence my decision in a question .like this." Tie was for peace--for h01 lorablo peace. "It js tlie molli or of all the virtues and hopes of mankind," jSTo man would go further than he to-obtain honorable peace; but dishonorable peace was worse than war--it was the worst of all evil.
War was the greatest and the most horrible of calamities. Jjven a war for liberty itself was rarely compensated by the consequences. " Yet the common judgment of mankind consigned to

38

ROBERT TOOMBS.

lasting infamy tlie people who would surrender their rights arid, freedom for the sake of a. dis honest peaee."
"Let us," cried the speaker, turning to his Southern colleagues, " let us repress any unworthy sectional feeling which looks only to the attain ment of sectional power."
JTis conclusion was 0,11 apotheosis of Georgia, as a Union State. lie said: " Mr. Speaker, Georgia wants peace, but she would not for the sake of peace yield any of her own or the nation's rights. A new career of prosperity is now before her; new prospects, bright and fail1, open to her vision and lie ready for her grasp, and she fully appreci ates her position. She has at length begun to avail herself of her advantages by forming a great commercial line between the Atlantic and the West. She is embarking ill enterprises of intense importance, and is beginning to provide manufac tures for her unpaid laborers. She sees nothing but prosperity ahead, and peace is necessary in order to reveal it; but still, if war must come, if it has been decreed that Oregon must be conse crated to liberty in the blood of the brave and the sufferings of the free, Georgia will be found ready with her share of the offering, ;xnd, what ever may bo her sacrifice, she will display a mag nanimity a,s great as the occasion and as prolonged as the conflict."

jOf THE LOWER 1IOUSX.

S9

Ml". Toombs indorsed the conservative action of the Senate, which forced President Polk from his extreme position and established the parallel of 4'J as the northern boundary.
The tariff bill of 1846 was framed, as President Polk expressed it, in the interest of lower duties, and it changed the basis of assessment from spe cific, or minimum duties, to duties ad valorem.
Mr. Toombs made a most elaborate speech against this bill in July, 18-10. If his Oregon speech had shown thorough familiarity with the force and effect of treaties and the laws of na tions, his tariSl' speech proved him a student of fiscal matters and a master of finance. His gen ius, as Jefferson D.ivis afterward remarked, lay de cidedly in this direction. Mr. Toombs announced in his tariff speech that the best of laws, especially tax laws, were but approximations of human jus tice. Pie entered into an elaborate argument to controvert the idea that low tariff meant increased revenue. The history of such legislation, he con tended, liad been that the highest tariff had raised the most money. Mr. Toombs combated the ad valorem principle of levying duty upon imports.
Mr. Toombs declared to his constituents in September, 184G, that the President had marched his army into Mexico without authority of lavr. " The conquest and dismemberment of Mexico, however brilliant may be the success of our

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UUliKRT 'J'OOJfUH.

amis," said lie, " will not redound to the glory of oni- republic."
The Whigs approached the Presidential cam paign of lcS-18 with every chance of success. They still hoped that the Sage or Ashland might be the nominee. George W. Crawford, ex-Governor of Georgia, and afterward mem ber of the Taylor Cabinet, perceiving tliat the drift in the Wef-i was against Mr. Clay, of fered n, resolution in tho Whig convention that "whatever may have been our jie.rsonal prefer ences, vro feel that in yielding- them at th.e pres ent time, we are only -pursuing Air Clay's o\vii illus trious example." 3D-. Toombs sta.ted to his con stituents that Clay could not be nominated be cause Ohio had declared that 110 man who had op posed the Wilniot Proviso could get tho vote of that State. Tho Whigs, who liad opposed the Mexican war, now reaped its benefita by nominat ing one of iis heroes to the Proc-idency, arid Xncliary Taylor of jLonisinna became at once a pop ular candidate. Millard Fill more of >'ew York was named for vice president, and '' Eough and Beady " clubs wej'e -soon orp-anized in every part of Georgia. The venerable William II. Cra^vford headed the Whig electoral ticket in Georgia, while Tooinbs, Stepljens, and Thomas W. Thomas led tho campaign.
The issue of the campaign, in Georgia was the

1JOUSE-

81

Claytoii compromise which the Georgia senators liad sustained, but which Stephens and Toombs Lad defeated in the House. This compromise proposed that nil cjiiest.ion.-j concerning slavery in tlie governments of the; ceded territory be referred to the. Supreme Court of the United Stales. Mr. Toombs declared (hat t]io 3Iexic.au Law prohibiting slavery was still valid arid would so remain; that Congress and not the courts must change this law.
The Claj'ton. compromise, Mr. Toombs said, -was only intended as " tlie Euthanasia of States' Rights. When our rights are clear, security for them should bo free from all ambiguity. \Ve ought never to surrender territory, until it shall be wrested from us as -we have wrested it from Mexico. Such a surrender would degrade and demoralize our section and disable us for effective resistance against future aggression. It is far better that this new acquisition should be the grave of the republic than of the rights and honor of the South--and, front present indications, to this complexion it must come at last."
Mr. Toombs demanded that -what was recog nized by law as property in the slaveholding States should be recognized in the Mexican terri tory. "This boon," he pleaded, " m.iy be worth less, but its surrender involves our honor. We can permit no discrimination against our section

or onr institutions in dividing1 (.nit tLe common property of the republic. Their rights are not to be abandoned, or bartered away in presidential elections."
So Tooinbs and Stephens wore central figures in this national campaign. It was during this canvass that Mr. Stephens became embroiled with Judge Francis IT. Cone, a prominent lawyer of Georgia and a near neighbor. Mr. Stephens heard that Judge Cone had denounced him as a traitor for moving to table the Clayton compro mise,. Stephens had retorted sharply that if Cone had said, this he would slap his face. After some correspondence the two men met in Atlanta, September 4, 1848. The trouble was renewed; Judge Cone denounced Mr. Stephens, who rapped him over the shoulders with a whalebone caneMr. Stephens was a fragile man, and Judge Cone, with strong physique, closed in and forced him to the floor. During the scuffle Mr. Stephens was cut in six places. His life for a while was de spaired of. Upon his recovery he was received with wild enthusiasm by the Whigs, who cheered his pluck and regarded his return to the canvass as an omen, of victory.
Shortly afterward lie wrote to Mrs. Toombs, thanking lier for her interest and solicitude during liis illness. He managed to write with his left

TM THE LOWKR 1TOUSK.

69

hand, as lie could not use his right. " I hope," he says, " I will be able to take tlie stump again next week for old Zacli. I think Mr. Toombs lias had tlie weight of the canvass ]ong enough, and though lie has doue gallant service, this but inspires me with the wish to lend all aid in my power. 1 think we shall yet be able to save the State. My fuith is as strong as Mr. Preston's which, you know, was enough to move mountains. I got a letter the other day from Mr. C------, wmo gives it as his opinion that Ohio wrould go for General Taylor. If so, he will bo elected. _A_ncl you know how I shall hail such a result."
During; Mr. Stephens7 illness Mr. Toombs can vassed many of the counties in tlie Stephens dis trict. Both men were reflected to Congress, and Zachary Taylor received the electoral vote of Georgia over Lewis Cass of Michigan, and -svns elected President of the United States.
The Democrats, who put out a. candidate this year against Mr. Toombs, issued an address which was evidently not inspired by the able and deserv ing gentleman who bore their standard, but was intended as a sharp rebuke to Mr. Toombs. It is interesting as showing how lie was regarded by his friends, the enemv.
" Of an age when life's illusions have vanished," they said of tlie Democratic candidate, " he has no

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ROBERT TOOMBS.

selfish aspirations, no vaulting ambition to cany him astray: no vanity" to lead ^Lere it is gloiy enough to follow." The)- accorded to Mr. Toomba "a very showy cast of talent--better suit-oil to tlie displays of the stump than the grave discussions of the legislative hull. His eloquence has that sort of splendor mixed with the false and true which is calculated to dazzle the multitude. He would rather win the applause of groundlings by some silly tale than gain the intelligent l>y the most triumphant course of reasoning." Mr. Toombs carried every county in the district and was re turned to Congress by 1081 majority.
When 51i-. Toonibs returned to Washington he had commanded national prominence. He had not only carried his State for Zachary Taylor, but his speech in New York, during a critical period of the canvass, had turned the tide for the Wlu'g candidate in the country. Toombs and Stephens naturally stood very near the administration. They soon had reason to see, however, that tlie Taylor Cabinet was not attentive to Southern counsels.
T)nring the tight over the compromise measure in Congress the Northern papers printed sensa tional accounts of a rupture between President Taylor and ^Messrs. Toombs and Stephens. Ac cording to this account the Georgia congressmen

ZZV Tim LO WISH IIOITSB.

65

called on the President and expressed strong dis approbation of his stand upon the 1)111 to organize tlie Territory of New Mexico. It was said tliat they even threatened, to Hide witli his opponents to censure him upon liis action in the case of Secretary Crawford and the Cfolphin claim. The President, the article recited, was very much troubled over this interview and remained despond ent for several days. Ho took his bed and never rallied, dying on the 9th of July, 1850. Mr. Stephens published a, card, promptly denying' this synsation. He said that neither he nor his col league Mr. Toonibs had visited the President at all during; or prex'ious to his last illness, and that no such scene had occurred.
Toonibs and Stephens, in fact, were warm, per sonal friends of George "W. CYawford, who was Secretary of War in Taylor's Cabinet. He had served with them in the G-eneral Assembly of Georgia and had twice been Governor of their State. The Golphin claim, of which G-overnor Crawford had been agent, had been collected from the Secretary of the Treasury while Governor Crawford was in the Cabinet, but President Taylor had decided that as Governor Crawford was at the head of an entirely different department of the government, he had been guilty of no impropriety. After the death of President Taylor, Governor

66

ROBERT TOOMBS.

Crawford returned to Augusta and -was tendered a public dinner by his fellow-citizens, irrespective of party. He delivered an eloquent and feeling ad dress. He made an extensive tour abroad, then lived in retirement in Richmond County, enjoying the respect and confidence of his neighbors.

CHAPTER VI.
THE COJMPKO31LSE OF 1850.
No legislative body ever assembled with more momentous measures before it than the thirty-first Congress. of the United States. An immense area of unsettled public domain had. been wrested from Mexico. The Territories of California, Utah, and New Mexico, amounting to several hundred thousand square miles, remained undisposed of. They comprised what Mr. Calhoun had termed the " Forbidden Fruit," and the trouble which heclouded their annexation threatened to surpass the storms of conquest.
Congress felt that it was absolutely writhout light to guide it. It had declined to extend the Missouri Compromise line to the Pacific Ocean. Henry Clay had pronounced such division of public domain between the sections a " Utopian dream," and Zachary Taylor had condemned the principle in the only message he ever delivered to Congress. AVhat Mr. Tjincolri afterward embodied in his famous expression that the Union could never exist " half slave, half free," had been actually anticipated. The whole territorial ques-
67

68

ROBERT TOOM7JS.

tion came up as a new problem. Tiut if the crisis was now momentous the body of statesmen which considered it was a great one. The men and the hour seemed to meet in that supreme moment. The Senate consisted oil sixty members, and for the last time that great trio of Clay., Caihoiui, and Webster met upon its floor. Commencing their careers a. generation before, with eventful lives and illustrious performance, they lingered one moment in this arena l)efore passing forever from the scenes of their earthly efforts. All three had given up ambition for the Presidency, none of them had commenced to break in mental power, and each one was animated by patriotism to serve and save his country. William II. Seward had entered the Senate from JSrew \rork; James M. Mason and Robert M. T. Hunter repre sented Virginia; Wm. C. Dawson had joined Mr. Berrien from Georgia.; Salmon JL'. Chase appeared from Ohio ; Jefferson Davis and Henry S. Foote illustrated Mississippi; Stephen A. Donglas had been promoted from the House in Illinois, and Samnel Houston was there from Texas. The House was unusually strong and divided "with the Senate the stormy scenes and surpassing struggles over the compromise measures of 1850. It was the time of breaking up of party lines, and many believed that the honr of disunion had arrived.
The Whig caucus, which assembled to nomi-

THE COMPROMISE Of 1860.

69

Bate a candidate for Speaker of. the House, sus tained a serious split. Robert Toombs offered a resolution that Congress should place no restric tion upon slavery in the Territories. The Northem Whigs scouted the idea and Toombs led the Southern members out of the meeting. The organization of the House was delayed three weeks, and linally, under a plurality resolution, the Democrat* elected IToweJl Cobb of Georgia Speaker over Robert C. Winthrop of Massachu setts. In the midst of these stormy scenes Mr. Toombs forced the fighting. He declared with impetuous manner that he believed the interests of In's people were in danger and lie was unwill ing to surrender the great power of the Speaker's chair without security for the future.
" It seems," he said, " that we are to be intimid ated by eulogies of the Union and denunciations of those who are not ready to sacrifice national honor, essential interests, and constitutional rights upon its altar. Sir, I have as jnnch attachment to the Union of these States, under the Constitution of our fathers, as any freeman ought, to have. I am ready to concede and sacrifice for it -whatever a just and honorable man ought, to sacrifice. I will do no more. I have not heeded the expression of those who did not understand or desired to mis represent my coiid.nct or opinions in relation to
questions, which, in my judgment, so vitally

tO

ROBERT TOOMBS.

affect it. The time lias come when I shall not only utter them, but make them the basis of my political actions here. I do not then hesitate to avow before this House and the country, and in the presence of the living God, that if by your legisla tion you seek to drive us from the Territories pur chased by the common blood and treasure of the people, and to abolish slavery in the District, there by attempting to fix a national degradation upon half the States of this confederacv, I am for dis union, and if my physical courage be equal to the maintenance of my convictions of right and duty I will devote all I am and all I have on earth to its consummation.
" Give me securities that the power of organiza tion which you seek will not be used to tlie injury of my constituents; then you can have my co operation, but not till then. Grant them, and you prevent the disgraceful scenes of the last twentyfour hours and restore tranquillity to the country. Kefuse them, and, as far as i ani concerned, let discord reign forever."
This speech fell like a chip of thunder. The ^Vilmot Proviso waved like a black nag over the heads of Southern men. N"o one had spoken outright until Mr. Toombs in his bold, dashing, Mirabeau style accepted the issue in the words just given. The House was filled with storms of

THE COMPROMISE OP 1850.

71

applause and jeers, and, as can be imagined, Mr. Toombs' speecli did not sootlie the bitterness or alter the determination of either side.
On the 22d of December a conference was held by Whigs and Democrats, the Southern "Whigs excepted, and a resolution reported that the person receiving the largest number of votes for Speaker, on a certain ballot, should be declared elected, pro vided this number should be the majority of a quorum, but not a majority of the House. Mr. Stantoii of Tennessee offered, this " plurality resolution."
Mr. Toombs sprang to his feet and declared that the House, until it organized, could not pass this or any other rule.
Members stood up and called Mr. Toombs to order, claiming that there was already a question pending. Mr. Stantoii contended that he had the floor.
Toombs called out: " You may cry ' order,' gen tlemen, until the heavens fall ; you cannot take this place from me. I have the right to protest against this transaction. It is not with you to say whether this right shall be yielded or when it shall be yielded."
Mr. Stevens of Pennsylvania: "I call the gen tleman to order."
Mr. Toombs : " I say that by the law of 1789

72

ROBERT TOOMBS.

tills House, nutil a Speaker is elected arid gentle men have taken the oatli of office, has no light to adopt any rules whatever."
(Loud cries of " order.") Mr. Toombs: " Gentlemen rnay amuse them selves crying ' order.' " (Calls' of "order.") Mr. Toombs : " But I have the right and I in tend to maintain the right to------" Mr. Vandyke called upon the clerk to put the pre ceding question. "Let us see," he said, "whether the gentleman will disregard the order of this House." Mr. Toombs: "I have the floor, and the clerk cannot put the question." "The House," he said, "lias no right. Gentle men ma,y cry 'order' and interrupt me. It is mere brute force, attempting' by the power of lungs to put me down." Confusion increased. Members called out to en courage Mr. Toombs, and others to put him down. In the midst of this babel he continued to speak, his black hair thrown back, his face flushed, and his eyes blazing like suns. His deep voice could be heard above the shouts like a lion's roar. Mem bers shouted to the clerk to call the roll for the yeas and. nays. Toombs continued : " If you .seek by violating the common law of parliament, the laws of the land,

GOVPBOiiisjt: of isso.

73

and the Constitution of the Ignited States, to put mo down ["order, order, call tlie roll"], yon will ihid ita vain and 1'ntile attempt. |~" Ordei-."j I am sure 1 am indebted to the ignorance of my character on. the part of those who are thus disgracing them selves ["order, order'1 ], if they suppose any such efforts OH they are now making will succeed in driv ing me from the position -which I have iissumecl. I stand upon the Constitution of my country, upon the liberty of speech -which you have treacher ously violated, and upon the rights of my constit uents, and your fiendish, yells may be well raised to drown an argument which yon. tremble to hear. Yon claim nnd have exercised the power to pre vent all debate upon any and every subject, yet yon have not as yet shown your right to sit here at all. I will not presume that yon have any such right ["order, order"]. I will not suppose that the American people have elected such agents to rep resent them. I therefore demand that they shall comply with the Act of 1789 before I shall be bound to submit to their authority." (Xond cries of "order.")
Tlie Act to which Mr. Toombs referred recited that the oath mnst be administered by the Speaker to all the members present, and to the clerk, pre vious to entering on any other business. This he tried to read, but cries of " order " drowned his voice.

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ROBISKT TOOMBS.

Tlirowing aside his manual MV. Toombs walked further out into the aisle and assumed a yet more defiant position.
"You refuse," lie said, "to hear either the Con stitution or the law. Perhaps you do well to listen to neither ; they all speak a voice of condemnation to .your reckless proceeding's. But if you will not hear them the country will. "Every freeman from the Atlantic to the Pacific shore shall hear them, and every honest man shall consider them. You cannot stifle the voice that shall reach their earsThe electric spark shall proclaim to the, freemen of this republic that a.n American Congress, having conceived the pin-pose to violate the Constitution and the laws to conceal their enormities, have dis graced the record of their proceedings by placing upon it a resolution that their representatives stall not be heard in their defense, and finding this ille gal resolution inadequate to secure so vile an end, have resorted to brutish yells and cries to stifle the words of those they cannot intimidate."
The clerk continued to call the roll, and Mr. Toombs with splendid nndacity turned upon him. Pointing- his finger at the locum, tc-ncns, he cried with scorn : "I ask by what authority that man stands there and calls these names. By what au thority does TIE interfere with the lights of a member of this House. [The clerk continued to call.] He is an intruder, and how dares he to interrupt

TIIK COMPROMISE OF 1850.

15

members in the exercise of their constitutional rights. Gentlemen, has the sense of shame depavted with your sense of right, that you permit a creature, an interloper, in 110 wise connected with yon, to stand at that desk and interrupt your order ?"
Mr. Toombs continued, amid these boisterous scenes, his alternate role of argument, of .appeal, of denunciation. lie contended that a power del egated to the House must be used by a majority of the House. He concluded :
"I therefore demand of you before the country, in the name of the Constitution and the people, to repeal your illegal rule, reject the one on your table, and proceed to the discharge of your high duties, which the people, have confided to you, ac cording- to the unvarying precedents of your people and the law of the land.'''
This performance was denounced by Northern restrictionists as menacing and insolent. jVIr. Ste phens, in his " War Between the States," con tended that it should rather be considered in the light of a wonderful exhibition of physical as well as intellectual prowess--in this, that a, single man should have been able, thus successfully-, to speak to a tumultuous crowd and, by declamatory denun ciations combined with solid argument^ to silence an infuriated assembly.-
The noise during the delivery of this speech

76

ROBERT TOOJfBS.

gradually ceased. The clerk stopped calling the roll, all interruptions were suspended and "every eye," says Mr. Stephens, " was fixed upon tlie speaker." It was a picture worthy of ranking with iLamartine's great speech to the revolutionists in France.
On the 29th of February" Mr. Toombs addressed the House upon the general territorial question. lie said :
" We had our institutions when you sought our allegiance. ^Ve were content with them then, and we. are content with them now. TVre have "not sought to thrust them upon you, nor to inter fere with yours. If YOU believe what you say, that yours are so mneh tlie best to promote the happiness and good government of soeietv, why do you fear our otpial competition with yon in the Territories? We only ask that our common government shall protect us both, equallv, until the Territories shall be admitted aw. States into the Union, then to leave their citizens free to adopt any domestic policy in reference to this subject which in their judgment may best promote their interest and their happiness. The demand is just, (xrant it, and you place vour prosperity and ours upon a solid foundation ; you perpetuate the Union so necessary to your prosperity ; yon solve the problem of republican government. If it be demonstrated that the Constitution is powerless

T11K C'OlO'BOJfTSE OH' 1850.

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for oil? protection, it will then be not only the right but the duty of the slaveholding States to resume the powers which they have conferred upon tliis government and to seek new safeguards for their future protection. . . . We took the Con stitution and the Union together. AVe "will have both or we will have neither. This cry of Union is the masked battery behind which the rights of tlie South tiro to be assaulted. Let the South mark the man who is for the Union at every hazard and to the lust extremity ; when the day of her peril conies he will be the imitator of that character, the base Judas, who for thirty pieces of silver threw away a pearl richer than, all his tribe."
On the 15th of June, 1850, while the com promise measures were shifting from House to House, the question was put to some of the advo cates of the admission of California, whether they would under any circumstances admit a slave State into the Union. They dec-lined to say.
Mr. Toombs arose and declared that the South did not deny tlie right of a people framing a State constitution to admit or exclude slavery. The South had uniformly maintained this right.
"The evidence is complete," he said. "The Kbrth repudiated this principle."
"I intend to drag off the mask before the con summation of the act. We do not oppose Cali-

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fomia on account of tlie autislavery clause in her constitution. It \vas lier right, and I am not even prepared to say she acted unwisely in its exer cise--that is her business : but I .stand upon the great principle that the South hus the right to an equal participation in the Territories of the United States. I claim the right for her to enter them with all her property and security to enjoy it. She will divide with you if you wish it : but the right to enter all, or divide, I will never surrender. In my judgment this right, involving, as it does, political equality, is worth a dozen such Unions as we have, even if each were a thousand times more valuable than this. I speak not for others, but for myself. .Deprive us of this rig'ht, and appropriate, this common property to yourselves; it is then yoiir government, not mine. Then I am its enemy, and I will then, if I can, bring my children and my constituents to the altar of liberty, and like Ilamilcar, I will sweu,r them to eternal hostility to your fo\il domination. Give us our just rights, and we are ready, as ever heretofore, to stand by the Union, every part of it, and its every interest, lief use it, and, for one, I will strike for independence."
Mr. Stephens declared that this speech produced the greatest sensation he had ever seen in the House. " It created a perfect commotion."
These heated arguments of Mr. Toombs were

THE COMPROMISE Of 1850.

79

delivered under the menace of the Wilmofc Pro viso, or slavery restriction. AYhen this principle was abandoned and the compromise measures passed, Mr. Toombs uttered, aw we shall see, far different sentiments.
In tlie Senate Mr. Clay, the Great Pacificator, liad introduced his compromise resolutions to admit California under the government already formed, prohibiting slavery; to organize territorial governments for Utah and. New Mexico without slavery restrictions; to pass a fugitive-slave law, and to abolish the slave trade in the District of Columbia. On the 7th of March, 1850, Mr. Webster delivered his great "Union speech, in which for the first time he took strong grounds against congressional restriction in the Territories. It created a profound sensation. It was on the 4tli of March that Senator Mason read for Mr. Calhoim the hist speech, that the latter ever pre pared. It was a memorable moment when the great Caroliiiimi, with the stamp of death already upon him, reiterated his love for the Union under the Constitution, bat declared, with the prescience of a seer, that the only danger threatening the government arose from its centralizing tendency. It was "the sunset of life which gave him mysti cal lore."
Debate continued through the spring and summez' with increasing bitterness. On the 31st of

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ROBERT TOOlfBS.

July Mr. Clay's " Omnibus Rill," as it was called, " -svent to pieces/' but the Senate took tip the separate propositions, passed them, and trans mitted them to the House.
Sere the great sectional contest was renewed. Mr. Toombs offered an amendment that the Constitution of tlie United States, and such statutes thereof as may not be locally inapplica ble, and the common law, as it existed in the British colonies of America until July 4, 177(3, shall be the exclusive laws of said Territory upon the subject of African slavery, until altered by the proper authority. This was rejected by the House. On September (> the Texas and New Mexico bill, with the Boyd amendment, passed by a vote of 108 to 97--and the anti-restrictionists, as Mr. Stephens said, won the day at last. This \vas the great compromise of that year, and the point established was that, since the principle of division of territory between the North and South had been abandoned, the principle of con gressional restriction should also be abandoned, and that all new States, whether north or south of 86 30', should be admitted into the Union " either with or without slavery as their con stitution, might prescribe at the time of their admission."
During tills memorable contest Mr. Toombs wits in active consultation with Northern states-

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81

men, trying to effect the comproiuise. He in sisted that there should be no congressional exclusion of slavery from the public domain, but that in organizing' territorial governments the people should be allowed to authorize or restrict, as they pleased. Until these principles were settled, however, he would fight the admission of California. Into this conference Mr. Stephens and ITowell Gobi) were admitted, and at a meet ing at the house of the latter an agreement was reached between the three Georgians and the representatives from Iventucivy, Ohio, and Illinois, that California should be admitted : that th<< Territories should be organized without restric- \ tion, and that their joint efforts should be used to bring this about as well as to defeat any attempt to abolish slavery in the District of Columbia,/ Here was the essence of the compromise, btrflt upon the great measures of Henry Clay, arid finally ripening into the legislation of that session. Here was-the agreement of that compact which formed the great u Constitutional Union. Party " in Georgia, and which erected a bulwark against dis union, not only in Georgia, but on the whole Southern seaboard. The disunion movement 1 failed in 1850. " At the head of the States which had the merit of stopping it," said Thomas H. Benton, "was Georgia, the greatest of the South Atlantic States." And that Georgia stood

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steadfast in her place, and declined every over ture for secession; was because of tlie united prestige and splendid abilities of Howel] Gobb, Alexander II. Stephens, and Kobert Toombs.

Daring this stormy session Mr. Tooinbs' heart continually yearned for home. He was a model husband and. a remarkable domestic character. The ftery scenes of the forum did not ween him from his family. On the 29th of August, 1850, he wrote to his wife :
AVe have before us the whole of the territorial questions, and shall probably pass or reject them in a few days or at most in a week. I am greatly in hopes that we will not pass over them without final action of some sort, and if we can got rid of them I shall have nothing to prevent my coming home at the time appointed. I begin to be more anxious to see you than to save the republic. Such is a sweet woman's fascination for men's h carte. The old Roman Antony threw away an empire rather than aban don his lovely Cleopatra, and the world has called him a fool for it. I begin to think that be was the wiser man, and that the world was well lost for love.

CHAPTER VII.
THE GKOUGIA PLATFORM.
Mr. Toombs came liome in the fall of 1850 lie found tlie State 111 upheaval. T^isunion sentiment was rife. He was confronted by garbled extracts of liis spceclies in Congress, and made to pose as the champion of immediate secession. He had aided in perfecting tlie great compromise and was resolved that Georgia should take her stand firmly and unequivocally for the Union and the Constitution. Governor Towns had issued a, call for a State convention ; Air. Toombs took prompt issue with the spirit a,nd purpose of the call. He declared that the legislature had endangered the honor of the State and that the Governor had put the people in a defile. " We must either re pudiate this policy, or arm," ho said. "I favor the former measure.' 7
Mr. Toombs issued a ringing address to the people. It bore date of October 9, 1850. He proclaimed that. " the first act of legislative liostility was the first act of Southern resistance." He urged the South to stand by the Constitution and the laws in good faith, until wrong was con-
83-

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ROBERT TOOMBS.

siimmated or the act of exclusion placed upon the statute books.
Mr. Toonibs said that tlie Soutli liad not se cured its full rights. " But the fugitive-slave law which I demanded was granted. Tlie aboli tion of slavery in tlie District of Columbia and proscription in the Territories were defeated, crushed, and abandoned. AVe have firmly estab lished great and important principles. The South has compromised no right, surrendered no prin ciple, and lost not an inch of ground in this great contest. I did not hesitate to accept these acts, but gave them my ready support."
Addressing himself to the disunioiiists he said : "They have abandoned, their errors, but not their object. _Being bent upon the ruin of the republic they use truth or error for its accomplishment, as best suits the exigencies of tlie hour. If these people are honest in their convictions, they may find abundant consolation in the fact that the principle is neither conceded, compromised, nor endangered by these bills. It is strengthened, not weakened by them, and will survive their present zeal and future apostasy."
Mr. Toombs called on all men of integrity, intellect, and courage to come into tlie service of the State and prove their devotion to the Constitution and the TJiiion. " With 110 memory of past differences," he said, " careless of the fu-

THK G-E011GIA PLA TFORM.

85

tnre, I am ready to unite \vitli any portion or all my countrymen in defense of. the integrity of the republic."
Mr, Toombs took the stump, and his words rang out like an alarm bell. Men. speak to-day of his activity and earnestness in that great campaign, as with " rapid and prompt perception, clear, close reasoning, cutting elocjuen.ce, and unsparing hand he rasped the follies of disunion and secession." A prominent journal of that day, speaking of Ms speech in Burke County,, Ga., declared tliat "Iris manly eloquence lias shaken and shivered to the base the pedestal npon. which the monument of American ruin "was to be erected."
In November of that year a convention, of dele gates from Southern States was held at Nashville. Ex-Goveriior Charles J. iIc.Doiiald represented Georgia. That meeting- protested against the ad mission of: California with slavery restriction ; charged that the policy of Congress had been to exclude the Southern States from the Territories, and plainly asserted that the powers of the sov ereign States con'Id be resumed by the States sep arately. On November 3 the election of delegates to the Georgia convention TTHS held. Toombs had already turned the tide. A great majority of Union men were chosen. AVhigs and "Democrats united to save the State. Toombs stood convicted before many of his old followers of " nnsoundness

86

IZOTSIniT TOOMB8.

on the slavery question "--but he was performing his greatest public work.
Among tlic delegates elected by tlie people to tlie Georgia convention, which met at IVIilled^evillo, December 10, 1850, were Toombs and Stepheiis and many of t-he best men in the State.
Tlie work of tlie distinguished body was mem orable. Tlioy adopted the celebrated "Georgia Platform," whose utterances were talismanic. Charles J. Jeiikins reported the resolutions. They recited, first, that Georgia held the American Union secondary in importance to tlie rights and principles it was bound to perpetuate. That as the thirteen original colonies found union impossi ble without compromise, the thirty-one of this day will yield soiiiewhat in the conflict of opinion and policy, to preserve the Union. That Georgia had maturely considered the action of Congress (em bracing the compromise measures) and--while she does not wholly approve it--will abide by it as a permanent adjustment of this sectional controversy. That the State would ill future resist, even to the disruption of the Union, any act prohibiting .slav ery in the Territories, or a refusal to admit a slave State. The fifth plank declared for a faithful ex ecution of the Fugitive-slave bill.
Upon this platform the Union men selected ITowell Cobb as their candidate for Governor. The Southern Eights men selected Charles J. Me-

THE GKOllGIA PLATFORM.

87

Donald. This party claimed that the South. wa,s degraded by the compromise measures. Their platform was based upon the Virginia and Ken tucky resolution. It asserted the right of secession and maintained the constitutionality and necessity of intervention by Congress in favor of admitting slavery into the Territories. The distinct doctrine of the compromise measures was non-intervention.
Howell Cobb was a born leader of men. Per sonally he was the most popular man in the State. Entering public life at an early age he had been a congressman at twenty-eight. lie had. been leader of the Southern party, and was chosen Speaker, as we have seen, in 1849, when, only thirty-four years old. He had been known as a strong friend of the Union, and some of the extreme States1 JjJights men called him a " consolidationist."
In his hitter accepting the nomirmtioii for Governor, he alluded to the long-cherished doctrine of non-intervention. The AVilmot Proviso had been withdrawn and the Union saved. The people had been awarded the right to determine for themselves in the Territories whether or not slavery was to be a part of their social system.
!No man was so tireless or conspicuous in this campaign as 'Mr. Toombs. Although expressing a desire that someone else should go to Congress from his district, he accepted a reiiomination to assert his principles. He did not, however, con-

88

ROBERT TOO3IBS.

fine his work to his district. He traveled from one end of the State to the other. Ho recognized that party organization in Georgia had been overthro\vn and party lines shattered in every State in the Union. He boldly declared that a continu ance of the Union was not incompatible with the rights of every State. He asserted that the ani mating spirit of liis opponents, the States' IvigLts party, was hostility to the Union. Some of the members still submitted to tho humiliation of rais ing the cry of "the Union," he said, but it was a " masked, battery/' from which the very Union AY as to be assailed. Mr. -Toombs announced on the stump that " the good sense, the firmness, tho pat riotism of the people, would shield the Union from assault of our o\vu people. They will maintain it as long as it deserves to bo maintained."
Mi\ Toombs admitted that the nntislavery sen timent of the North had become more violent from its defeat on the compromise measures.
"What did this party demand, and what did it, got?" he asked on the stump. " It was driven from every position it assumed. It demanded tho express prohibition of slavery, the Wilmot Proviso, in the Territories. It lost it. It demanded the abolition of slavery in tho District of Columbia, and tho slave trade between the States. It lost both. It demanded the aftVmmiiee of the oft-re peated declaration that thorn should be no more

f

THE GEORGIA PLATFORM.

80

slave States admitted into tlie TTnion. Congress enacted that States hereafter corning into the Union should be admitted with or without slav ery, as such States might determine for them selves. It demanded a trial by jury for fugitives at the place of arrest. It lost this also. Its ac knowledged exponent is the Free-Soil party. The Whig party has succumbed to it. It is thoroughly denationalized and desectionalized, and will never make another national contest. "We are indebted to the defeat of the policy of these men for the exist ence of the government to-day. The Democratic party of the North, though prostrated, is not yet de stroyed. Onr true policy is to compel both parties to purge themselves of this dangerous element. If either will, to sustain it. If neither will, then we ex pect to preserve the Union. We must overthrow both parties and rally' the sound nieu to a common standard. This is the only policy which can pre serve both our rights and the Union."
Oil the, 1st of August, ] 851, Mr. Toombs spoke in Elberton. lie \vas in the full tide of his man hood, au orator without equal ; a statesman with out fear or reproach. Personally, lie was a splen did picture, full of health and vitality. He had been prosperous in his affairs, lie was prominent in public life and overbore all opposition. His powers were in their prime. In his speech to his constituents he mentioned the fact that his oppo-

00

RO'BKRT T001TBS.

uents had criticised tlie manner in which be trav eled (al 1 udi11g to his fine horses and servants). He wanted the people to know that the money was his, and that he made 5000 a year in Elbert alone. " AVho would say" that ho had not earned his money? Ho had a right to spend it as he chose. Perish such demagogy--such senseless stuff." The people cheered him to the echo for his candor and audacity.
" What presumption," he said, " for the States' Rights men to nominate McDonald for G-overnor --a man who supported Jackson's Korce bill--a man who had grown gray in federalism? He was the man brought to teach the people of j<3bert States' .Kights. It would be a curious subject of inquiry to find out when this neo phyte had. changed, and by what process the change had been Avrought."
Toombs was alluded to by the correspondents a.s " lliohard, the Lion-hearted," with strong arm and ponderous battle-ax, as he went about wilining victories. Stephens, no less effective and influen tial, seemed to be the great Saladin with welltempered Damascus blade--so skillfnl as to serer the finest down. The people were in continued uproar a,s Toombs moved from place to place.
In Jefferson Corrnty, .All'. Toombs denied that the South had yielded any demand she ever made, or had sacrificed any principle she ever held. Jrle

TUE GEORGIA PLATJ?OB3l.

91

cried that u opposition to Toonibs and Stephens seemed to be the principle of political faitli on the otlier side." Toombs declared that Stephens "carried more brains and more soul for tile least flesli of any man God Almighty ever made."
Mr. Toombs repeated that if the slaveholders liad lost the riglit to carry slavery into California, they had lost it upon sound principle. The right of each State to prescribe its own institutions is a riglit above slavery. Slavery is only an incident to this right. This principle lies at the founda tion of all good government. He had always held it and would always hold it:

Till wrapped in llames the realms of etbcr >;lowr, And Heaven's last thunder shakes the world below.

He deeply sympathized with those Southern Eights men who denounced the Union they pro fessed to love.
Speaking- of the sudden change of some of his opponents in political principles, Toombs declared they " would profess any opinion to gain votes. It had been the belief of Crawford that if a man changed politics after thirty he WAS a ra,scal."
In Marietta Mr. Toombs addressed an enthu siastic crowd. A journalist said of him : " lie is my be<itf, idbtil of a statesman. Krank, honest, bold, and eloquent, he never fails to make a deep impression. Many of the fire-eaters (for they 'iclll

9a

ROBERT TOO3CBS.

go to hear liiin) Tooted as if they would make their escape from his withering and scathing re buke." Toombs derided the States' Kights men for declaring that they were friends of the TJnion under which they declared they were " degraded and oppressed." The greatest stnmblingv block to Tooiiiba1 triumphant tour was to be presented with bits of his own speeches delivered during the excitement of the last Congress.
He had said in one of these impassioned out bursts : "He who counts the danger of defending his own home is already degraded. The people who count the cost of maintaining their political rights are ready for shivery."
In Tjexingtoii he Avas accused of having said that if the people understood this slavery question as TV-ell as he did "they would not remain in the Union five iriiivates." This provoked a bitter controversy, ifr. Toonibs denied the remark, and declared he was willing to respond personally and publicly to the author.
As the campaign became more heated, Toonibs, Stephens, and Cobb redoubled their efforts and drew their lines more closely. This combination was invincible. Tt was evident that they woidd carry the State, but some of the prominent men in Georgia were ruled out: under what was thought to be the bitter spirit of the canvass. One of these was Chai'les Jo Jen kins, and the

TICK GEORGIA rLATFORM.

03

other, John Mcl'herson Berrien. The former had drawn the celebrated Georgia Platform, and was devoted to the Union. The latter was United States Senator from Georgia, and, as his successor was to be chosen by the legislatru-e soon to be elected, there was much curiosity to find out his real position in this canvass, ]Mr. Jeul-cins de clared that he considered Mr. Berrien " as good a Union man and as safe a representative of the party as any within its ranks." .Berrien acquiesced in but did not eulogize the compromise measures. He did not oppose or favor the State convention of 1850. When he submitted to the Senate the Georgia Platform, he declared that he did not surrender the privileges of a free choice. He supported McDonald for Governor against Cobb, and it was soon evident that he was not in full sympathy with the winning party.
The Constitutional Union men won a signal victory. How ell Cobb was elected Governor by a large majority over Charles J. jM.cDonald, who had been twice Governor and who was one of the strongest men in Georgia, Robert Toombs was reelected to Congress over Robert McMillen of Elbert, and Mr. Stephens defeated D. W. Lewis of Hancock.
The legislature convened in [November, 1851. It was largely made Tip of Union men.. Judge Berrien was not a candidate for reelection to the

TOOMBfi.
United States Somite. Ho wrote a letter s,i which lie reviewed his course dining the cam paign. Ho said :
which even eavilers could not any honest man doubt, my devotion to the Union, my unfaltering determination to maintain },y all constitutional means, and with unaimhushcd zeal, thu equal rights of the South, and my acquiescence in the com promise measures. [Satisfied that such declarations, iu the excited state of feeling would not meet thu exactions of cither party ill a, contest peculiarly bitter, and imaUo to sacrifice for the purpose of victory the dictates of con science or the convictions of judgment, I expressed a will-
On the lOtli of Xovember Kobert Tootnbs was elected United States Senator. In the caucus he secured 73 votes, and in the open Assembly next day he received 120 votes, scattering, 50.
Never was reward more swift or signal to the master-mind of a. campaign. If ho had been the leader of the extreme Southern wing in Congress, he had shown his willingness to accept a compro mise, and go before the people in defense of the Union.
He w?is charged with having aroused the Se cession storm. If he had unwittingly done so in Congress in order to carry his point, he proved himself powerful in stopping it at home. What some of his critics had said of him was true;

TH11 GEORGIA PLAT3<"OnM.

95

"The raw liest of tal kers, lie \vas the safest of counselors." Certain it is that at a moment of natLoual peril he repelled the charge of being .-in. " irrecoTicilable," and pro vet.I to be one of the sfcaiicliest supporters of the Union.
In Milleclo-eviJle, duj'irip;1 t~]:e turmoil at tending' the election of United States Senator in Novem ber,, 1851 Mr. Toonibs wrote to his wife as fol lows :

Since T wrote you hast I have been in the midst of an exciting political contest with constantly varying- aspects. Tlie friends of Judge Berrien are moving every possible spring to compass my defeat, Imt as yet I have constantly held the advantage over them. They started 3!r. JVnkins and kept him. up, umler considerable excitement,, init.il he came, to town yesterday and instantly Y\~itlidrew his name. To-day they have started a new batch of' candidates : Judge IliU, 1-lines Holt, \Vnrren, Chfirlton, and otlu'i'S, ail of whom they seek to combine. I think L can beat the whole combination, LluHig-li it is too <dose t<_> be comfortable. It is impossible to give an idea of every varying scene, but as I have staked my political fortunes on success, if I ;im defeated in this coriflici; ;ny~ politic;).], mco is over, and per haps I feel too little interest, in the result for success.
Dawson is at home sick ; Stephens is not here; so T am standing very mnoh on my o\m h;ind, breasting the eonftict alone. So I shall have the consolation of knowing that, if I succeed, the victory will be all my own. '.The contest will be decided by Monday next, and perhaps sooner. .... As soon as It is over T shall leave here and shall be at home at furthest to-day week. J (.' .1 were not complicated in this business, nothing would induce me to

96
go Into it. There are .so many unpleasant things connected with it, which will at least serve as lessons for the future, whatever may be the result. You can see from this letter how deeply I am Immersed In this contest, yet I am getting so Impatient to come home that even defeat would be "bet ter than this eternal annoyance.
TOOMBS.

CHAPTER. VIII.
1IIK OAMPAIGS OF 1852.
Iif t]iis first struggle between Secession and the Union Georgia had talceu the lead, but Georgia liad not been the only State involved. The fight was waged just as fiercely in Mississippi, when Henry S. Koote, the Union candidate, was elected Governor over Jefferson Davis. But the Georgia Platform was the corner-stone of the Southern victory. Her action gave pence ami quiet to the whole Union, and the success of the triumvirate that year offered assurance of strength and security to tire country. Tlie national parties were qiiick to align themselves on this plat:form. The Demo cratic convention, which assembled in Baltimore June 1, declared that " the party would abide by and adhere to a faithful execution of the Acts known as the Compromise Measures, settled by the last Congress." The AVhig convention, whieh met also at Baltimore, June 1C, proclaimed that "the series of Acts of the thirty-first Congress, known as the Compromise Measures of f 850, the Act known as the lAigitive-slave law included, are received and acqniesced in by the Whig party of the United States as a settlement in principle and substance
97

1

88

KOBKBT TOOMBS.

of the dangerous and exciting questions which they embrace."
"The trntli is," said Mr. Stephens in his "War Hetween the States," " an overwhelming majority of the, people, North as well as South, was in favor of maintaining these principles."
Under these conditions the presidential cam paign of 1853 was opened. The Southern "Whigs did not, as a body, accept the Baltimore nominee, General "WirifieM Scott. They claimed that he had refused to express any direct approval of the platform relating to the compromise. Mr. Toombs demanded that his candidate plant himself un equivocally upon this platform. He noticed that the opponents of the Fugitive-slave law were strong for Scott. Feeling in the South was still running high. Some extremists held that no Northern man was Jit to be trusted. Mr. Toombs declared that there were good and true men at the North and that he would " hold party associations with no others."
In a speech to his own townspeople in "Wash ington, Ga., during this presidential campaign, Mr. Toombs declared that he had not changed one iota, but was ready now to support the men who would plant themselves on the broad principles of the Constitution and the country. lie said Gen eral Scott had no claims whatever upon the people. He spolce of him as a great general, and

THE CAMPAIGN OK' 1833.

09

alluded in glowing terms to his achievements in anna against the IVlexitrails and Indians. But General Scott, ho believed, was a Free-Soil caudidato. Jit! won Id be in favor of annexing Can ada, but no more slave territory. Mr. Toombs alluded to the Democratic candidate for President, General Franklin Pierce, as a very consistent man in all his senatorial career, and believed ho was the safest man on the slavery question north of Mason and Dixou's line. He preferred Fierce to Scott, but said he would not vote for either. The contest was " between a big general and a little general."
Mr. Toombs launched into a magnificent tribute to Daniel ^V^Abater as a statesman and friend of the Constitution. It was "Webster who had stayed the flood of abolition and killed the AVilmot Pro viso ; who had dared, in the face of the North, and in defiance of his constituents, to boldly de fend the rights of the South and exclaim, "O God, I will be just! "
This allusion of Mr. Toombs rang throughout the State. Its significance lay in the fact that the Whigs of Georgia, in convention assembled, had nominated Daniel Webster for President and Charles J. Jen kins for vice-president of the United States. ^Vitlumt chance of national success, this ticket was received with strong expression of in dorsement. Since his celebrated "4th of March"

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speech, in the Senate, Mr. "Webster liad been a favorite in tlio South. lie had abandoned the Wilmot Proviso and accepted the JAigitive-slave law to conciliate the sections, and the addition of his great mime to seal the Compromise of 1850 was regarded in the South as an act of patriotism reached by few men in the country's history. His speech had made a profound impression. " The friends of the Union under the Constitution were strengthened ir> their hopes, ami inspired -with re newed, energies by its high and lofty sentiments." Commanding always the respect and admiration of the Southern people Mr. AVebster now took the place in their affections just made vacant by the death of Henry Clay. Mr. AVebster must have put aside all political ambition when lie made this peaceful concession. His new-found strength in the South did not add to his popularity in the North. When the Whig convention of 1852 met in Baltimore, Mr. AVebster was Secretarj^ of State under President Pillmore. lie had added fresh luster to his name by his latest services to the nation, lint the prestige of his life and labors did not override the passions of the hour, and Winfield Scott -svas nominated for the Presidency. This broke the last tie which held the Southern "Whigs in national allegiance. Circumstances were forcing them into the Democratic part}', but they

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made a final stand under the name of Daniel Webster.
To Mi'. Toombs, tlie regard of the Whigs of Georgia for Mr. Webster was especially gratifying. He had lived next door to the great Massachusetts statesman during his residence in Washington, and had seen him often in the privacy of his homo. Ho had consulted closely with him during the exciting days of the compromise measures, nud was advised by J\Ir. Webster about the ANHiig platform at Baltimore. lie recognized the sur passing greatness of the man, and when he sounded the praises of AVebster it came straight from an honest heart.
Charles J. Jenkins, a native of Beaufort, S. C., had studied la,w with Senator Berrien and practiced in Augusta. His nomination, to second place 031 the Webster ticket was a pledge of the high favor of the Wr higs. Mr. Jenkins was five years the senior of Mr. Toombs; had served with him in the State Legislature and, like Toombs, had been allied with the Troup party in Georgia. Mr. Jenkins had been three times Speaker of the lower branch of the General Assembly, and in 1842 had received the entire Whig vote for United States Senator. Upon the resignation of McKennon of Pennsylvania, President ljAillmore had, through Mr. Toombs, offered the Interior Depart-

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merit to Mr. Jenkins. This position, however, was declined because of pressing duties in tlie courts.
In tlie senatorial election of 1851 Mr. Jenldns would have been a formidable candidate for United States Senator again, Lad not his strong friendship both for Senator J3erriert and Mr. Toombs dictated Iris declining the use of his name. lie was a man of high ability and pure character.
Georgia became a national battle-ground during this campaign, Resides the reg'ular AVhig and Democratic and the AVebstcr tickets, there was an extreme faction of States' Rights men, who would not accept any of these candidates. They called on George M. Troup, then living in retirement in Montgomery County. He wrote a ringing letter accepting the nomination of the " Southern Rights " party for President He was severity-two years old, but his cherished principles, which he had pro claimed in the face of Adams and Jackson, were now repeated for the people of another generation,
The galhrnt body of Union AVhigs Avere destined to deep affliction. On the 24th of October, 1852, ten clays before the national election, Daniel Web ster died. The laud was filled with lamentation, for there was no North, no South, in this sorrow.
The State of Georgia, which in 184.8 had voted for Taylor, now turned about and voted for Pierce

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and King. On November 2d the South Carolina Legislature also cast 135 votes for the Pierce electors. General Scott carried but- four States hi the Union, caused, as Mr. Stephens and Mr. Toornbs thought, by his refusal to indorse the Compromise of 1850.
On July S, 1852, Mr. Toombs, then a member of the House, submitted an elaborate statement of his political position. He made the point that presidents, as then put forward, were not real representatives of the country or even of a party. From the beginning of the government np to 1836 the presidency had been filled by ripe statesmen and tried patriots. ^\ tt were excluded from competition except those who had great experience in public a,ffairs, a,nd who had com mended themselves to the people by wisdom, virtue, and high services. Such men had no need of hired biographers and venal letter-writers to inform the people who they were. They needed no interpreters of letters to the public, CAirmingly devised to mystify what they pretended to eluci date. National conventions, Mr. Toombs con tended, wrere contrivances to secure popular sup port to those who were not entitled to public con fidence.
Mr. Toombs wras an enemy to mere convention. All party machinery, all irregular organizations, which are unknown to the Constitution, he re-

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garded as dangerous to public liberty. He had noticed tliat this machinery had been deadly to the great men of tlie nation and productive only of mediocrity. Obedience to tliem, lie contended, was infidelity to popular rights. " This system/' said lie, "has produced none of those illustrious men "who have become BO distinguished in their country's history; none of those political lights which have shone so brilliantly on this Western continent for half a century. Nearly all of them have departed from us. AVho is to take the place of the distinguished Caroliuiaii ? " he asked. " He was the handiwork of God himself and of the people--not party machinery. AVUo is to fill the place of the great Keiituckiau ? When worthily filled, it Avill not be by these nurseries of faction.
" The friends of the Compromise," said Mr. Toombs, " demand no sectional candidate. They were willing to accept the great New England statesman), notwithstanding they may point to disagreements with him in the past. lie has thrown the. weight of his mighty intellect into the scales of concord, in the darkest and most peril ous hour of the conflict. And Southern Whigs would have struggled with pride and energy to have seen the greatest intellect of the age preside over the greatest republic of the world. Pie was defeated in convention by the enemies of the

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compromise measure, because lie -was its friend. And this was the true reason of his exclusion. It is a sufficient reason for the friends of the measure, North and South, to oppose and defeat General Scott's nomination. jVIy action shall respond to my convictions."
Mr. Toombs had seen Calhoun, Clay, and AVebster, one by one, retired before Van Burcn, Harrison, and Scott. Was it any wonder that, in breaking away from the old Whig party, lie should denounce the system which had blighted its brightest men and which, in his opinion, had retired the greatest statesman in the world before an issue of sectional prejudice ? ]Hr. Toombs never again gave allegiance to conventions or obeyed the dictates of party caucuses. From 3854 to 1860 he was a Democrat. After the war he acted mainly with the party which sympathized with the South. But his great power made him inde pendent. He did uot hesitate to criticise Pierce or i>uchauan, or to upbraid Jefferson Das*is, the bead of the Southern Confederacy. He repudi ated the nomination of Horace Greeley by his pa,rty. He called a. meeting in his own room in an Atlanta hotel in 1872, and put A. IT. Stephens before the people for Congress. In 1878, when the organized Democracy of Georgia antagonized Dr. William H. Felton for Congress in the seventh Georgia district, Mr Toombs wrote a letter

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to the press, iu which lie declared that party con ventions were merely advisory. " "When their action becomes authoritative, they are usurpers. They deprive the people of free elections. Let their actions be approved or disapproved by the elections of the people." JT.e supported Mr. Stephens, who did. not hesitate to " tote his own skillet," when occasion required. Toombs' inde pendence was lordly. He believed in the utmost freedom in public affairs. Machinery was as hateful to him as to Thomas Jefferson. He was " the prince of innovation ; the foo to all conven tion." !N~o less than of Burke, it was said of him that " bovn for the universe, he did not surrender to party," but General Ijonccstreet declared of liobert Toombs that he needed only discipline to make him a great militaiy genius. This was the radical flaw in his make-up. How near he came to the ideal of a statesman posterity must jtidge.

CHAPTEK, IX.
TOOMTiS IX TIIK SENATE.
Robert Toombs entered the Senate of tlie United States, in 1853, the personnel of that body bad changed since t]ie great debates on the compromise measures. Calhoun had died ' before the compromise was effected, and only a short time after his last address had been J3ead to the Senate by Mr. Mason of Virginia. Clay snrvived his last greatest work but two years, and on the 29th of June, 1852, was no more. Daniel Webster lived only four months longer than Mr. Clay. Among the new leaders in that body were Stephen A. Donglas of Illinois, AVilliam JYL Seward of New York, Salmon P. Chase of Ohio, and Charles Snmner of Massachusetts. To this list may be added the familiar names of Thompson of Mississippi, Bayard of Delaware, Touoey of Connecticut, Slidell of ^Louisiana, Achison of Missouri, Bell of -Tennessee, and Cass of Michi gan.
The third great sectional fight on the Territories came up on the report to organize a government for that tract of public domain lying in the
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ROBERT TOOM'BS.

J-.ouisiai.ia cession, known as Kansas and Tn doing this, Mr. Douglas, as chairman of the Committee oil Territories, adopted the same prin ciple oil the slavery question as had been settled in the Utah and .New Mexico bills of 1850.
The "words of the ^Nebraska bill "were that " said Territory, or any portion of the same, shall be received into the Union with or without slavery as their constitutions may prescribe at the time of their admission." Mr. Douglas claimed that the question of congressional interference was an "exploded doctrine"; that the Missouri Compro mise bill had been ignored by JSTorth and South ; that the "Wilmot Proviso had. been rejected altogether; and that the principles of 1850 had superseded the principles of 18:20. The committee sought to avoid the perils of slavery agitation for all time, they claimed, by withdrawing the ques tion of slavery from the halls of Congress and from national polities. " .Lot the new States and Territories," they said, '* settle this nintter for them selves." Mr. Sunnier of Massachusetts took the lead in opposing the Tvansa.s-^Nebraska bill. He declared that the bill violated the-principles of the Missouri. Compromise, which prohibited slavery in all that; territory ceded by Kvaiice and lying north of 36 80'. lie and his friends held that this was a "sacred compact," and. this territory could not

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be controlled by the same principles as tlie laud secured from M'exieo.
Tlie second bill drawn by Mr. Douglas, which provided for tlie establishment of two territorial governments in Kansas and Nebraska, instead of one, expressly repealed tlie Missouri Compromise as being inconsistent witli the principles of nonintervention by Congress. Here, then, tlie contest waged anew.
One of the first speeches made by Senator Toonibs was on the 23d of February, 1854, on tlie Kansas-Nebraska bill.
Douglas was in charge of tlie Territorial bills, and Ms readiness in debate, his sinewy intellect, his tact and shrewdness, had gained for him the, name oi! " Little Giant." Se\vard, Chase, and Snirmer had VxH'ji elected from their States as "independent Democrats" by the Abolitionists, wlio held tlie balance of power in !Xew Yoi-k, (.)hio, and Massachusetts. Mr. Toonibs was more than willing to nieasnre swords with the eliampioiis of free soil. He declared that lie wonld address him self to the consideration of tlie Kansas-Nebraska bill " witli a hea,rt filled, witli gratitude to tlie Disposer of human events, that after the conflicts of more than a third, of a century this great ques tion has found its solution, not in temporary ex pedients for allaying sectional discord, but in the

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true principles of tlio Constitution and upon the broad foundation of justice and rig-lit, \\hieh forms tLe only true basin of fraternity and of national concord."
Mr. Toombs repudiated tlie libel cast by Mr. Simmer "upon ^Northern, men who " dared to exercise tlie rights of freemen " and differ from the Aboli tionists iipoii tliis question. " It appears," said lie, " from tlie speeches of tlie senator from Massachusetts, that all such are white slaves, whose manhood has been debased and enervated by the irresistible attractions of slave power." Jl_e declared that the men TV ho talked about " solemn compact " in. this connection \vere men "whom " no oaths can. bind and no covenants re strain. 7 '1 They called the Missouri Compromise a compact, yet showed their willingness to vio late it.
" In all gx>vern merits/' said Mr. Toombs, " the accpiisitions of the state belong- rightfully to the people. M.uch more strongly does this principle apply to a purely popular government. There fore, any exercise of power to injure or destroy those who have equal rights of enjoyment is arbitrary, unauthorized by the contract, and despotic."
" Yon have no power to strike from the meanest Indian trapper, the basest trader or camp-follower, as the senator from IS'ew York styled these peo-

TOOMJ3S IN THE SKWATE.

HI

pie, their equal privileges, this sovereignty of right, which is the birthright of every American. citizen. This sovereignty may--nay, it must-- remain in abeyance until society becomes suffi ciently strong- and a table to be entitled to its full exercise, as sovereignty does not belong to the general government, and its exercise is a marked usurpation."
"The power and duty, then, of this government over the inchoate society of the Territories, is simply to protect this equality of right of persons and property of all the members of society until the period shall arrive "when, this dormant sov ereignty shall' spring into active existence and exercise all the powers of a free, sovereign, and independent State.. Then it can mold, according to its own sovereign will and pleasure, its own. institutions, with the single restriction that they must be republican."
"Justice," said Mr. Toombs, "is the highest expediency, the supreniest wisdom. .Applying that test to the principles of this measure, I say that no fair man in any portion of the country can come to any other conclusion than that it establishes between the people of this Union, who are bound together under a common Constitution, a firm, a permanent, a lasting bond of harmony.
" "What is it that ive of the South ask 3 Do we make any unjust or unequal demands on the

1

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ROBERT TOOMISS.

North ? None. Do we ask what we are not willing on our side to grant to them ? Not at all. Wo say to them ' Gentlemen, here is our common territory. Whether it be ceded by old States, whether it be acquired by the common treasure, or was the fruits of successful Avar to which we rallied, and in which wo all fought, we ask you to recognize this groat principle of the revolution: let such as desire, go there, enjoy their property, take with them their flocks and herds, their menservants and maid-servants, if they desire to take them there; and when the appropriate time comes for the exercise of the dormant sovereignty of the people, let them fix the character of their institu tions for themselves.' "
Senator Toovnbs ridiculed the idea of the " thunder of popular indignation." " If even this were true, it should iri no wise control the 'actions of A.rnerican senators. But it is not real but melodramatic thunder--nothing but phosphorus and sheet-iron."
Senator Toombs admitted that the North had the power to 7-eject the principles of the KansasNebraska bill. They had a majority in the House and Senate. Ajistides had said, "True, you can do it; you have got the power; but, Athenians, it is unjust."
Senator Toombs was a bold man. When he adopted a line of argument, he was willing to fol-

HOBJillT TOO.M

GKO'UGIA, 1855.

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low wherever its conclusions led. He did not hesitate, in this speocli, to admit that " if you yield to tile people the right to mold their institu tions, the establishment of polygamy may result legitimately therefrom." This point had been made in debate to fight the principle of the Kansas-Nebraska bill. Said Senator Toombs : "It is just what they have a right to do. When the people of "Utah make their organic law for ad mission to the Union, they have a right to ap proximate, as nearly as they please, the domestic manners of the Patriarchs. Connecticut may es tablish polygamy to-morrow. The people of Massachusetts may do the same. How did they become possessed of greater rights, in this or any other respect, than, the people of 'Utah ? The right in both cases has the same foundation--the sovereignty of the people."
Senator Toombs adverted to the fact that Henry Clay had denied that he framed the Missouri Compromise ; that it did not originate in the House, of which he was a member ; that he did not even know if he voted for it. Senator Toombs held the Act of 1820 to be no compact--binding upon no man of honor; but, on the contrary, a plain and palpable violation of the Constitution and the common rights of the citizens, and ought to be immediately abrogated and repealed. He de clared that ifc had been rejected by the JNforth

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KOSBRT TOOVBS.

when passed, and rejected when Arkansas was admitted, wlieii Oregon was formed, when Cali fornia was received as a State. If the Kansas bill was settled upon sound and honest principles, he maintained that it should be applied to territory ceded IVom .France just as elsewhere. Pie con tended that the Missouri Compromise of 1820 was not a compromise in any sense of the term, but an unconstitutional "usurpation of power. " TVnen we look into tlie Constitution, we find no antislavery power planted ill that instrument. On the contrary, we find that it amply provides for the perpetuity and not for the extinction of slavery."
Senator Toombs closed his first speech in the Senate with these words: " The senator from .New York asks where and when the application of these principles will stop. He wishes not to be deceived in the future, and asks us whether, when we bring the Chinese and other distant nations under our flag, we are to apply these prin ciples to them ? For one, I answer yes ; that wherever the flag of the Union shall float, this republican principle will follow it, even if it shoiild gather under its ample folds the freemen of every portion of the universe."
The Kansas-Nebraska bill reopened the whole question of slavery. In the North, it was a fire brand. ]Vlr, I3uchanan, in his book; written after

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115

Ms retirement fi-oin tlie presidency, said that t]io South \va.s for ihe first time the ;igi>-ressor in tins legislation. Mr. Filluiore declared tliat the repeal of tlie Missouri Compromise \vas the Pandora Box of Evil." Mr. Douglas was reviled by his opponents and burned in effigy at tlie Xorth. His leadership in this ilght W.IH ascribed to his over weening ambition to reach the presidency. The clergymen of Ne\v England and of Chicago flooded tlie Senate with petitions crying against this "intrigue." On May 20, 1854, at one oclock in tlie morning, tlie bill passed the Senate by a vote of 31 to 18. The "nays " were Messrs. Alien, Bell, Chase, Clayton, Fish, Foote, Gillet, Haiulin, James, Seward, Sumner, Wade, and Walker.
The enactment of this measure into a law did not settle the question. It resulted in a strife in the Territories themselves. For two years Kansas was in a state of oivi] irar. The Emigrant Aid Societies of jSTew England raised large sums of money to send to the Territories Free-Soil set tlers and other agitators. A counter-stream of agitators set in from Missouri, in sympathy with the slavery men, and the result was a long series of bloody disorders. In February, 1856, Mr. Toombs made a speech upon the message of the President in regard to the lawless condition of Kansas. The Governor informed President Pierce

1J6

KOJiEUT TOOX-BS.

that tlio laws were obstructed and openly resisted by bodies of armed men; that prisoners were rescued from the- sheriffs, peaceable inhabitants murdered, and houses burned. Another authority informed the President that an overwhelming force' was crossing the border for tiie avou'od purpose of invading Kansas and butchering the unoffending Free-State citizens. One side claimed protection from insurrection within, the other from invasion without.
As to the Emigrant Aid Societies, Mr. Toombs said, " Whatever be then1 policy, whatever their tendency to produce strife, if they simply aid emigrants from Massachusetts to go to Kansas to become citizens of that Territory, I am prepared to say that they violate no law; they have a right to do it, and every attempt to prevent their doing so violates the Law and ought not to be sustained. Ijiit if .thev send persons there furnished with arms, with the intent to alter forcible resistance to the constituted authorities, they are guiity of the highest crime known to civil society, and. are amenable to its penalties. I shall not undertake to decide upon their con duct. The facts are not before me, and I there fore pass it by."
Mr. Toombs thought it would be difficult to imagine a case calling more loudly for the inter vention of Federal power. Mr. Toombs favored

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the supremacy of tlie law in (.Tie Territories at any cost. " If traitors seek to disturb the peace of the country, I desire that it shall be no sectional contest, I do not see the end of that. I prefer that the conflict shall be between the Federal Government and the lawless. I can see the end of that. The law will triumph and the evil stop."
" We who pass this Kansas-Nebraska, bill, both at the !North and South, intend f.o maintain its principles. 'We do riot intend to be driven from them by clamor nor by assault. We intend that the actual Ijona fde settlers of Kansas shall be protected in the full exercise of all the rights of freemen; that, uuawed and uncontrolled, they shall freely and of their own will legislate for themselves, to every extent allowed by the Con stitution, while they have a territorial govern ment ; ami wSieu they shall be in a condition to come into the Union and may desire it, that they shall come into the Union with whatever repub lican constitution they may prefer and adopt for themselves; that in the exercise of their rights they shall be protected from insurrection from within and invasion from \vithout."
la answer to Senator Hale of New Hampshire, Senator Toombs agreed that the Territory of Kan sas would certainly be a free State. Such, he thought would be its future destiny. "The sen-

ator from New Hampshire," he said, " -was unable to comprehend the principles of the bill. TLo friends of the Kansas bill, North .-UK! South, sup ported the bill because it was right, and left the future to those who were affected by it. The policy of the KansMS bill wrongs no man, no sec-, tion of our common country. "We have never ashed the government to carry by force, or in any way, slavery anywhere. AYe only demand that the inhabitants "of the Territories shall decide the question for themselves without the interference of the government or the intermeddling of those who have no right to decide."
Mr. Toonrbs and Senator Hale of New Hamp shire seem to have been pitted squarely against each other in this great debate.
In 1854, during the progress of the Kansas de bate, Mr. Toombs occupied Mr. Hale's desk, and alluded to the taunts which Mi1. Hale had heaped upon the heads of senators who had. sustained the compromise measures of 1850. Ho had pre dicted that they would be driven from their seats ; that the mighty North would drive them from their benches. The distinguished senator from Michigan, Mr. Cass, was the especial object of these assaults. " But the result," said Mr. Toombs, looking about him, " is that the gentleman who made these declarations is not here."
In 1856, however, Mi1. Hale was returned to the

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Senate and met Mr. Toombs in the Kansas debate, and the discussion was continued with the same acrimony.
" Let there be no legislative aggression on either side," continued Mr. Toombs. "If the senator from New Hampshire is sincere, he will stand there. The common property is open to the common enjoyment of all. Ix:t it remain so."
Mi'. Toombs charged Senator Hale with saying that the North had always been practically in a minority in the Senate, because the South bought np as many Northern men as it wanted. "Sir, I stand here to-day in behalf of the North to repel the accusation."
Mr. Hale : "Who made it? " Mr. Toombs : " Yon said it. I have it before me in your printed speech. I heard it delivered, and you are correctly reported." In a letter to Mr. B. F. llallet of Boston, in 1856, Mi-. Toombs denied saying that he would "call the roll of his slaves at the base, of Bunker Hill Momiment." He charged Senator Hale with misrepresenting him to this extent. No man wa,s oftener misquoted by "word of month or in public print. As bold as he was in speech and as free to speak out what was in his mind, he once remarked to an intimate friend, Dr. Steiiier of .Augusta., that he rarely ever saw his name in print that it was not attached to a lie.

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"We are not left to tradition or the dictum of political opponents to know 'how seriously Mr. Toombs regarded the question of war between the Worth and South, In this same debate "with Senator Hale, Mr. Toombs said : " He told us the North would fight. I believe that nobody ever doubted that any portion of the United States would fight on a proper occasion. Sir, if there shall ever be civil war in this country, when hon est men shall set about cutting each other's throats, those -who are least to be depended upon in a fight will be the people who set them at it. There are courageous and honest men enough in both sections to fight. .... Wo, sir, there is no question of courage involved. The people of both sections of the Union have illustrated their cour age on too many battlefields to be questioned. They have shown their fighting qualities, shoulder to shoulder, whenever their country has called upon them; but that they may never come in contact with each other in fratricidal war, should be the ardent wish and earnest desire of every true man and honest patriot."

CHAPTER X.
TITK " K^ O "VV-XOTHI^G " PATCTT.
IN the fall of 1854 the elections were generally adverse to the Democrats. The slavery agitation at the North, intensified by the passage of th e ICansas-Nebraska. bill, resulted in a large number of Free-Soil candidates and " anti-Nebraska" Whigs being elected to the House. In the West and South, the u Know-nothing " movement had arisen as in a single night, and with secrecy and strength had asserted itself on election day. The consequence was that the Democratic majority in the House which had been elected with Franklin Pierce now disappeared. The years of 1854-55 were full of uncertainty in Georgia. The oldline ^Vhigs, who had broken away from their party associates upon the nomination of General Scott for President, had not yet gone into full affiliation with the Democrats. Many of these men joined the "American party," which had arisen out of antagonism to the large foreign population flowing into the States and Territories. This party put out candidates for Congress and the State offices in Georgia.
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To .Alexander XI. Stephens, more than to any other man, was due tlie honor of breaking up the Know-nothing movement in Georgia. Amazed at the rapiditv \\dth vrhieh this party organized and the completeness with which it -worked; repudi ating the principles which it held and the pro scriptions which it enforced, Alexander Stephens announced, early iii the day, that he would not be a candidate for reflection to Congress. He de clared, in a letter, that, from the secrecy of the order, lie was unable to know what they were doing, and, as political principles should come out ill the open sunlight for inspection, he could not submit his ca.udidacy to any such concern. He did not hesitate to condemn the practices and creed of the American party in public. Promi nent leaders in his district who recognized his ability made it known tlmt they were Trilling to support him, if he would not be so severe in his denunciations. Mr. Stephens promptly replied that the crisis required the kniCe, not the poultice. However, he did run for Congress and scored the secret order on every stump in the district. He declared, ill a speech iu Augusta, that he " was not afraid of anything on the earth, above the earth, or bcloM- the earth, except to do wrong." Mr. Stephens ^vas elected. lieligious fanaticism aud race prejudice received a death blow in

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Georgia. " It writhed in pain, and died among its worshipers."
Mr. Toombs had already made himself felt in this campaign. He "wnss in the shadow of a domestic affliction. His youngest daughter died in February of that year. This occurrence brought him to decide upon a trip abroad, "which he had long anticipated, but which his busy and eventful life had not a]lowed him to enjoy.
In April, 3855? he wrote his wife :

I feel more and more anxious to yet abroad and ont of this country ; to bee relieved of the thousand harassments of business, and look .for a great deal of pleasure in. our quiet and uninterrupted strolling' over the hills and plains of Europe', whore nobody knows us and nobodv can harass me with business or their troubles. I \vish 1 could, like our darling cluld, thank God there was rest in Heaven.

Just before he left the State, he attended the Supreme Court of Georgia, at 3Jilledgeville. At that time lie wrote his wife :
I iiave had a hard, close week's work. The lawyers verv kindly thrive way and allowed my eases to come this week, which broiig-ht them very close tog-other, and, as I am. but iil prepared for them, not having given them any attention last winter, and bnt Hltle this ,sprn)>', T have been pretty mueh speaking- all day and studying all nig-bt--and that without the benefit of " specks/' wbie-h 1 ain begin ning to need.
All the old Whig-s here have joined, the Kiiow-notli-

ings, and keep very shy of me, as I have spoken not softly of the miserable -wretches who expect to govern a gre.lt country like this with imbecility, if they oau only cover it with secrecy. I have been greatly beset not to pro to Kurope this summer, as the political campaign i.s likely to he hot. I "hull go, and the rather that J may avoi.l such an event, and lake that leisure and repose with my family in foreign countries which I seem to be totally incapable of
Mr. Toombs left no doubt as to low lie regarded the American party. Til a speedi on the KansasNebraska bill, lie had declared that the country could assimilate tlio -foreigners from Tim-ope and the Chinamen from Asia, and gather under the ample folds of the American flag every nation on earth.
It is related that in the early part of Mr. Toombs' political cm-em- ho was accused of having subscribed to build a Catholic church in Georgia. The charge was repealed secretly from ear to ear tint!I it came to his friends. It was on the eve of an election in "\Viltes County, and a delegation, in spito of the lateness of the hour, went to Mr. Toombs' residence, awoke him, and asked for an authoritative denial of what they considered a damaging charge. Mr. Toombs list ened to the delegation, and then declared with emphasis, not free from profanity, that it was so. " T have responded to their culls just as I have those of other denominations. Yon can tell the

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people that the distribution of my money is none of their bnssinoHS."
This bold and prompt reply did not -prevent his reflection to the legislature the next day.
No man was more liberni in rmt.lterM of religion and conscience than JVlr. Toombs. _Iii 185.1 lie wrote his \vife in reply to a letter informing hiin that MB daughter Avtinted to join the IVtethoclist Church :

I am content if she desires, and you wish it. IMv opin ions about revivals, to which you refer, have been long formed and. much strengthened by my experience .in the world, but I :nn not at al.1 desirous that they should be the rule of anybody's conduct but ray own. I have therefore endeavored to stand upon the Protestant principle in mat ters of conscience, of judging- for myself and aJlovring- oth ers to do the SLime, The, Judge of the Eartli will do right at the final hearing.
On Juno 0, 1855, Mr. Tuombs sot sail from I\Q\V York, in company "svitli liics wife and daugkter, and Mr. AV". 1H\ Alexander^ his son-at-]aw. In tea ciayrij after a smootJi trip, lie landed in Liver pool, with just enough roughness oil; the coast of Ireland to show old Xeptune in 1m element. Mr. Toombs \vas in the very prime of a vigorous life. He had accumulated a competency at the law, was in fine physical condition, and had a mind broad, sensitive, and retentive. He could stand any amount of travel--tins man who rode his cir cuits on his horse, and who endured the wear-

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ing trips from Georgia to the national capital. Ho remarked at the outset of his European trip that lie Lad more money than time, so lie secured special conveyances at every available place, and pushed his journey to all points of interest. From London lie went to Paris, "Lyons, Alar.seilles, (lienee to the Mediterranean, where lie paused the Fourth of July plowing his way to Naples, sleeping on deck to escape the stuffy stateroom of the little steamer, and catching all the cinders from the smokestack. Embarking at Naples, he vrent to Rome, where he was entranced to see the historic spots of the Eternal Git}-. Rome had for him more charms than Paris. Crossing the Alps, he went to Geneva, and'striking the lllmie, he proceeded by boat to Amsterdam, thence to Brussels, where he walked over the field of 'Waterloo. Leaving his family in Paris, lie crossed to England and made a tour alone through Ireland aael Scotland.
As an American senator, Robert Toombs bore letters of introduction to prominent people in Europe. His reputation was Intel-national, his ac quaintance with the diplomatists of the Old World was extensive, and his knowledge of the history

complete. But he, did not seek notoriety in his trip abroad. He presented none of his letters. He preferred to travel among the people, and at night, like Jean Valjean, he loVed to see the lour-

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geois-in. their gardenH and at tlieir east', in order to study their habits and condition, lie took great interest in. the laborers. On one occasion lie got down from his di~li.<j<-n.ce to ask a man, who was drawing1 water from a, well to irrigate the land, Low much he was paid, for this slow and cumber some process. He was astonished to hear that it was but twelve cents a, day.
Mr. Toonib.s spoke the French language ; he studied the people, and no man was a better judge . of human, nature, tie said when lie returned that the Southern slave was better treated and was a better laborer than most of the peasants whom he had seen.
His conversation during his European trip was brig1]it and racy. J Ie never lagged, in body or inind. He never became a trifler or a- tease. .1 Fo was not a man who cared ior his personal comforts or appetites. Occasionally IK; \vould abuse the hotels as being- far behind the American hostelry. jNiow and then he would, jest with his ccuide or in dulge iu bright rail J cry over the Italian peddler with the inevitable cigarette. He made it a ri.de to smoke a cigar in every country, to test the to bacco, and. also to sample the wine of every nation. He drank but little at that time, never touching ardent spirits in any way. G-oud-hurnor, good health, and happiness followed him as lie made the circuit of the Continent.

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Jnst three months were passed by him iu the GUI AVorld. .fie arrived in ^N~ew York iu Septem ber, 1855, where telegrams awaited him, summon ing- him to a desperate campaign in Georgia.
The contest in Georgia that year was sharp. The American party elected several members of Congress, but their candidate lor Governor, Judge Andrews, was defeated by Herschol V. Johnson. The latter was one of the strongest Democrats in Georgia, Ho had, in 1850, been elected Governor over so able a man as Charles J. Jenkins.
Mr. Toonibs plunged at once into the canvass and proceeded, in his own vigorous way, to fight the Ivnow-nothings.

CHAPTER. XI.
IK 1836,, .Mr. Toornbs visited. Boston, and de livered a lecture upon slavery. It was a bold. move, and many of his friends advised against it. Tliey did not Bee what good would come from tlie appearance of an extreme Southern man in the heart of abolitionism, carrying Lis doctrines to the \'ery citadel of antisiavery, But Xoombs, with, dramatic determination, decided to accept. Sev eral Southern statesmen had been, invited to ap pear before "Boston audiences., but prudence had kept them from complying.
On the evening of the 24th of January, Mr. Toombs ascended the stage at Tremont Temple. A large audience greeted him. There was great curiosity to see the So LI thorn leader. They ad mired the splendid audacity of this man in coming to the place where Garrison had inveighed against slavery and had denounced the Constitution as a " league with Hell and a covenant with the Devil " ; where AVeiidell Phillips had exerted his matchless oratory, and where Charles Simmer had built xrp his reputation as an unflagging enemy of South-

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era propagaudism. Mr. Toombs waa in good trim for this supreme effort. Inspired by the signifi cance of his mission, lie seemed possessed of uniisnal strength. His fine eye lighted with liis theme, tuid liis brow seemed stamped with confi dence ratliei' than deiiance. His long, black liair was brushed from his forehead, and his deep voice filled the historic hall. He was indeed a fine specimen of a mail--a Saul among his fellows. Possibly he was moved by the thought that he stood where Webster had pleaded for the Union, for concession, and f'or harmony six years before, when the people for the first time had turned from him and when Fariiieil Hall had been closed against him.
Senator Toomba was attended, upon the stage by William and Nathan Appleton, whose guest he was. Their presence was a guarantee that the speaker should receive a respectful hearing. It was noticed at the outset that he had abandoned his fervid style of speaking. He delivered his address from notes in a calm, and deliberate man ner. He never prepared a speech with so much care. His discourse was so logical and profound, his bearing so dignified and impressive, that his hearers were reminded of Webster.
It was evident early in the evening that his lecture would produce a powerful effect. To many of his hearers his views were novel and

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fresh, as they had never heard the Southern wide of tliis great question. " With the exception of Sam Houston," said a New York paper, " jVIr. Toouibs is tlie only Southern man who has had the pluck to go into the antislavery camp ami talk aloud of tlie Constitution. Other Soutliei-u men, not afraid to face Boston, have been afraid to face opinion at liome."
In referring- to tlie clause of tlie Constitution providing for tho return of fugitive slaves, Mr. Toombs was greeted by a hiss. Tlie speaker turned in the direction of the noise and said, " T did not put that clause there. I am only giving the history of the action of your own John Adams; of your fathers and mine. You may hiss them if you choose." Tho effect was electri cal. The hiss was drowned in a storm of applause. The readiness and good-nature of the retort swept Boston off lier feet, and for one moment prejudice was forgotten.
The New York Express declared that the speaker was earnest and deliberate, presenting Ms argument with, great power, and his lecture of an hour and a half was, for the most part, listened to with respect and attention. There was some con duct in the audience at the close which tlie Boston Journal was forced to denounce as " ungentlemanly." Three cheers, not unmixed with dissent, were given to the distinguished speaker. Some-

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olio called out, " When will Charles Simmer lie allowed to speak in tlie South?"
Tlio New York Kfp,-e^ declared that " if Toombs and otlier Lotheuds would lecture in Syracuse, Oswego, Ashtabula, and otlier ]>oiuts of ' Africa,' they would do a good deal of good iu educating the innocents and becoming themselves educated and freed from lire, froth, fury, and folly."
This lecture of Mr. Toombs at Boston will live as the most lucid defense of slavery in law and in practice ever deliverec 1. Slavery has fallen and mankind lias made up its verdict; but this address will still be read with interest.
lie did not liesitate to say that Congress had no right to limit, restrain, or impair shivery ; but, on the contrary, was bound to protect it. At the timo of the Declaration of Independence, slavery was a fact. The Declaration did' not emancipate a single slave; neither did the Articles of Confederation. The Constitution recognized'slavery. Every clause relative to slavery was intended to strengthen and protect it. Congress had no power to prohibit slavery in the Territories. The clause giving Con gress power to make regulations for the Territories did not confer general jurisdiction. It was not proper nor just to prohibit slavery in the Terri tories. Penning the negro up in the, old States would only make him wretched and miserable, and

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would not strike a single fetter from his limbs. Mr. Tooiubs simply asked that the common terri tory be left open to the common enjoyment of all the people of the United States ; that they should be protected in their persons and property by the general government, until its authority be super seded by a State constitution, when the character of their democratic institutions was to be deter mined by the freemen thereof. " This," he said, " is justice. This is constitutional equity." Mr. Toombs contended that the compromise measures of 1850 and the Kansas-Nebraska Act of 1854 were made to conform to this policy. "I trust--I believe,''he continued, "that when the transient passions of the day shall have subsided, and reason shall have resumed her dominion, it will be ap proved, even applauded, by the collective body of the people."
Upon the second branch of his theme, ]\ir. Tooiubs contended that so long as the African arid Caucasian races co-exist in the same society, the subordination of the African is the normal and proper condition, the one which promotes the highest interests and greatest happiness of both races. The superiority of the white man over the black, he argued, was not transient or artificial. The Crown had introduced slavery among- the American colonists. The question was not whether it was just to tear the African away from bondage

TOOMBS.
in hi own country a,nd place him here. .England had settled that for us. When the colonies be came free they found seven hundred thousand slaves among them. Our fathers had to accept the conditions and frame governments to cover it. They incorporated no Utopian theories in their system. They did not so much concern themselves about Avhat rights man might possibly have in a state of nature, as what rights he ought to have in a state of society. The lecturer maintained that under this system, the African in the slaveholding States is found in a better position than he has ever attained in any other age or country, whether in bondage or freedom. The great body" of this race had been slaves in foreign lands and slaves in their native hind. In the "Eastern Hemisphere the African had always been in a servile condition. In ITayti and Jamaica experiments had been tried of' freeing them, under the auspices of France and Faiglaiid. Miseries had resulted and ruin over whelmed the islands. " l'"amiticism may palliate, but could not conceal the utter prostration of the race." The best specimens of the race wore to be found in the Southern States, in closest contact with slavery. The jVortlt does not want the negro, docs not encourage his immigration. The great fact of the inferiority of the race is admitted everywhere in our country.
" Onr political system gives the slave great and

valuable rights. His life is protected ; Ins person secured from assault against all others except Ms master, and his master's power in this respect Is placed under salutary legal restriction.1' He gets a home, ample clotliing and food, and is exempted from excessive labor. When uo longer capable of labor, from age or disease, he is a legal charge upon Ms master. The Southern slave, he said, is a larger consumer of axiimal food than auy population in Europe, and larger than any laboring population in the "United States, and their natural increase is equal to that of auy other people. Interest and humanity cooperate in harmony for the well-being of slave labor. .Labor is not deprived of its \vages. Free labor is paid in money, the representative of products ; slave labor in the products themselves. The agricultural and unskilled laborers of England fail to earn the comforts of the Southern slave. The compensation of labor in the Old World has been reduced to a point scarcely adequate to the continuation of the race.
"One-half the lands of the cotton States is an nually planted in food crops. This half is con sumed by the laborers and animals. The tenant in the North does uot realize so much."
Mr. Toombs believed that the Southern men were awa.kening to the conviction that the slave .should be taught to read and write, as being of more use to himself, his master, and society. He

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realized that the laws should protect marriage and other domestic ties, forbidding the separation of families, aud stated that some of the slaveholding States had already adopted partial legislation for the i^emoval of tliesc evils. 15ut the necessities of life and the roving spirit of the white people prodnced an infinitely greater amount of separation in families than ever happened to the colored race. "The injustice and despotism of linglaml toward Ireland has produced more separation of Irish families and sundered more domestic ties within the last ten years than African slavery has effected since its introduction into the, United States." JLngland keeps 100,000 soldiers, a large navy, and innumerable police to secure obedience to her social institutions, and physical foi'ce is the oidy guaran tee of her social order, the only cement of her gigantic empire. The laws restrain tlie abuses and punish the crimes of the slave system. Slav ery is impossible in Kngland and Europe, because wages l\a,ve gone down to a point \vliere tliey are barely sufficient to support the laborer and his family. Capital could, not all-ore] to own labor. Slaver)" ceased in -England in obedience to this law, and not from any regard to liberty and humanity.
Senator Toombs declared that the condition of the African might not bo permanent among us. Trie miglit find Lis exodus in tlie unvarying law of population. Increase of population may supply to

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slavery its euthanasia in the general prostration oil all labor. The emancipation of tlie negro in the West Indies had not made him a more useful or productive member of society. The slave States, with one-half the white population, and between 3,000,000 and 4,000,000 slaves, furnish three-fifths of the annual product of the republic. In this re lation, the labor of the country is united with and protected by its eaY>ita,l, directed by the educated and intelligent.
Senator Toonibs combated the idea, that slavery debased and enervated the white man. To the Hebrew race were committed the orders of the Most High. SlavehoJding priests ministered at their altars. Greece and Home afforded the highest forms of civilization. Domestic- slavery neither enfeebles nor deteriorates a race. Burke had de clared that the people of the Southern colonies of America, were much more strongly, arid with a higher and more stubborn spirit, attached to liberty that those to the T'lorthward. Such were our Gothic ancestors ; such were.the Poles; such will be al! masters of slaves who are not slaves them selves. In such a, people the haughtiness of dom ination combines itself with the spirit of freedom, fortifies it, and renders it invincible.
Senator Toonibs declared that, in the great agitation which for thirty years had shaken the national government to its foundation and

burst the bonds of Chi-istian unity among the dim-dies, the slaveholding States have scarcely felt the shock. Stability, progress, order, peace, content, prosperity reign through our borders. Not a single soldier is to be found in our domain to overawe or protect society. Mr. Toombs pic tured the progress of the Southern churches, schools and colleges multiplying. None of these improvements had been aided by the Federal Gov ernment. " lVe have neither sought from it pro tection for our private interests nor appropriations for our public improvements. They have been effected by the unaided- individual efforts of an en lightened, moral, and energetic people. Such is our social system and such our condition under it. "We submit it to the judgment of mankind, with the firm conviction that the adoption of no other, under such circumstances, would have exhibited the individual man, bond, or free, in a higher de velopment or society in a happier civilization."
JMr. Toombs carried his principles into practice. He owned and operated several large plantations in Georgia, and managed others as agent or executor. He had the care of, possibly, a thousand slaves. His old family servants idolized him. .Freedom did not alter the tender bond of affection. They clung to him, and many of them remained, with him and ministered to his family to the day of his death. The old plantation negroes never failed to

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receive bis bounty or good will. During the sale of a plantation of an insolvent estate Mr. Toombs, who was executor, wrote to his wife, " The slaves sold well. There vrere few instances of tlie sepa ration of families." lie looked after tile welfare of all his dependents. AViiile lie wa,s in the army, his faithful servants took care of his wife and little grandchildren, and during his long exile from his native land they looked after his interests and 'watched for his return.

CHAPTER XII.
B UCriAKAK's AIXJIIXISTRAT EO^T.,
THE great contest of 1 856 was coming on. A President was to be chosen. The relations of tlie sections were more strained every day. The elec tions of 1854 liad emboldened tlie antislavery men to form tlie ^Republican party, and to put out, as their candidate, John G. Fremout, "pio neer and pathfinder," who had saved California to the Union. Fremoiit was not a statesman, but a hero of the kind who dazzled, men, and was thought to l>e especially available as a presiden tial candidate. "Free .soil, Free men, Frernoiit" was the cry, and it was evident that the Aboli tionists had swept all the wavering T\Thigs into their lines and would make a determined tig-lit. The American party nominated Milliard Fillniore, and the Democracy, with a wealth of material and a non-sectional following, wheeled into line. President Pierce was willing to succeed himself. Stephen A. Douglas, who had rushed into the convention of 1852 with such reckless dash to pnt aside "the old fogies" of the party, was an avowed candidate. His chanipiofiship of the Ivansas-JNTe-
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braska bill had made him a favorite ill the South, although it injured his chances at the North. It is not a Jittle remarkable that Douglas, whose candidacy had the effect of setting asUle l^uchanan for Piei'ce in 1852, should afterward have "been the means of turning down Pierce for Buclianan.
James Bnchamm of Pennsylvania had just re turned from I^ondon, where he had served with dignity as American Minister. Free from recent animosities, lie entered t]ie field, fresh and full of prestige. Tie was nominated for President on the fifth day of the Democratic Convention, Georgia casting; her vote for him. 'The Cincinnati plat form adopted this plank:
" liesolc&l: That we recognize the right of the people of the Territories, including Kansas and Nebraska, acting through the legally and fairly expressed will of a majority of the actual resi dents, and "whenever the number of their inhabi tants justifies it, to form a, Constitution, either with or without domestic sla.very, and to be ad mitted into the Union upon terms of perfect equal ity with all the other States."
Among the causes contributing to the current bitterness was the assault made upon. Charles Simmer, senator from. Massachusetts, by Preston S. Brooks, a representative from South Carolina. This happened in May, 1856, while Mr. Sumner was sitting at his desk, after the Senate had ad-

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journed. Mr. Brooks took exception to some remarks printed in Mr. Simmer's speech, entitled "The Crime against Kansas." Ill tliis speech, tlio senator liad referred, in rather caustic terms, to Senator Butler of South Carolina, The latter was a kinsman of Mr. Brooks. Tiie weapon used by Mr. Brooks \vas a gutta-perolia cane, and Sena tor Sunnier, who was a large, powerful man, in his effort to rise from his seat, forced his desk from its Linges and fell heavily to the floor. The assault created an immense sensation. It was associated. in the heated minds at the K~ortli with the " slav ery aggressions of the South." At the South, it was generally excused as the resentment of an impetuous young man to an insult offered an elderly kinsman, Northern men denounced the assault in unmeasured terms on the floor of the House and Senate. The affair led to several chal lenges between the representatives of both sec tions. Congressman Brooks resigned his seat, but was immediately reelected.
When Senator Simmer made his statement of the attack, he said that, after he Avas taken from the floor, lie saw his assailant standing between Senator Douglas and Senator Toombs. This led to the assertion by some parties that the attack was premeditated, and that the senator from Illinois and the senator from Georgia, who were strong political antagonists of Mr. Sumiier, -were

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aiding and abetting it. Both senators denied this from their places.
The political activity was not confined to the North. There "\vas a large element in Georgia which disapproved oi* the Ivajisas-JSTebraska bill as an unwise concession on the part of the So nth. This class, coiiibl a eel with the American party, presented an active front against the party led. by Senator Toombs. I\ro contest was e.ver wa^ed more vigorously in Georgia. JSTew blood and ne,"\vr issues were infused into the nght. Mr. Toombs WW at the maxinmni of his greatness. lie took redoubled interest in tlie campaign, in that the legislature to be chosen in. 1857 "vvas to elect his successor to the Senate, and because the ]">rinciples in this national contest were taking shape for a State campaign the following year.

CHAPTER XIII.
"(XX THE STUMP" IX OKOKGIA.
AMONG the young men on tlie stump that year was Benjamin H. Hill. He had come up from the plow-handles in Jasper County. Working his way to an education, lie had graduated at the State University in 1 845, with the first honors of his class. He was at this time barely more than thirty years of age, hut he had Avon distinction at the bar and served his county in the State Senate. He was known for his aggressive, ringing elo quence, and a clear, searching style which had made him sometlmig more than local reputation. It was understood that he was the choice of the American party for Governor, and it was assumed that he would win his spurs in the national cam paign. He did not hesitate to go into the thick est of the fight. He challenged Toombs and Stephens in their strongholds; on the 22d of Octo ber meeting Mr. Stephens at his stamping-ground in Lexiiigton. Oglethorpe County, and the next day confronting Mr. Toombs at his home in A\rashington, Ga. There was a charm in the very audacity of this young Georgian. The man who
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would beard " the Douglas in liis hall" was a curi osity to the people, for since tlie leadership of Toombs was established in 1844, no one, probably, had assumed to cross swords with him before his home people. The faet that young Hill had rather frustrated Mr. Stephens, in their first meet ing, gave him fresh impetus for his clash with Toombs. People flocked to Washington by thou sands. A- large part of the audience which had cheered Ben Hill in Oglethorpe followed him to Wilkes.
The speaking took place iu_Andrews' Grove, a noble cluster of oaks near the town, and by breakfast-tirne the place was filled with carriages and wagons. The red hills leading to Washington were alive with farmers and their wives and children, wheeling into the grove to hear the noble veteran and the brilliant young stranger debate upon current topics. Old and young men "were there, and babies in arms. It was before the days of a universal press. 1'eople took their politics from the etuxnp. They were trained in the great object-lessons of public life. The humble farmer knew all about the jVIissouri Compromise and the Kebraska bill. What they had learned was thorough. Every man was a politician.
Ben Hill opened the discussion. He had the advantage of being a new and untried man, while Toombs and Stephens had spread their records

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upou the pages of hundreds of speeches. In those days of compromises and new departures, it was easy for a quick, bright fellow to make capital out of the apparent inconsistencies of public men. Hill was a master of repartee, lie pictured Toombs' change from Whig- to Democrat. He made a daring onslaught upon Toombs. Hill's bump of reverence was not large, and the way he handled this great statesman was a surprise. He did not hesitate to call him " Bobuel," and to try to convict him out of his own mouth of error.
Toombs sat back with his fine features lit with scorn. His facial expression was a rare part of his strength. He seemed to repel with his look the impudence of this fearless young statesman. Hill saw the elliect of his own audacity, and "plied his blows like wintry rain." A. keen observer of this dramatic by-play declares that the pose of these two men reminded him of Laudseer's picture of " Dignity and Impudence. 7'
Hill declared that Toombs had been in Con gress, " sleeping over our rights." Toombs retorted, " I have been protecting your rights and your children's rights hi spite of yourselves."
Hill charged that Toombs had tried to dodge the issues of this campaign. Toonibs, when he answered this part, cried out to the people im petuously: "Did I dodge the question, when in the presence of two thousand people, in the City

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of Augusta, and as I was about to travel ILL foreign lands, I denounced the secret midnight organiza tion, which was being fastened upon the free men of the South ? An organization whose chief measure %yas to prescribe a religious test In this land of liberty, and raise up a barrier to the eiitrance of the sons of the Old AVorld, whose gaJlant sires aided us in achieving' our independence?
" Did i dodge, when, just before putting my foot on shipboard, I wrote a letter to my beloved South, warning them against this insidious organi zation creeping into their midst, piloted by dark lanterns to midnight lodges ? Did I dodge, when, hearing', as 1 traveled, that this deadly order had taken hold and fastened its fangs in my State, I suspended my travels and took the first ship' that bore me back to my native shores, aud, raised my cry against these revolutionary measures '{
" Did I dodge, -when, as soon as lauding in Georgia, I traveled all night and spoke all next day against these blighting measures ? If this be called dodging, I admit that I dodged, and the gentleman can make the most of it."
Mr. Hill declared that the Kansas-I^ebraska bill embodied the principles of "squatter sovereignty" and alien suffrage. The bill was not identical with the Utah and New Mexico bill, as Toombs and Stephens had alleged. The restrictive provisions of the Utah bill would prohibit this Territorial

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Legislature from excluding slavery. It could not do that nil til it became a State, \vhile tlie Kansas bill allowed a majority of the actual residents to detei'niiiie whether slavery should or sliould not exist, even prior to its admission as a State. He denounced tlie Kansas bill as a clieat, a swindle, a,nd a surrender of our dearest rights. As to tlie National Convention, Mr. Hill declared that tlie South may have framed the platform, but the Worth secured the candidate. Mr. Hill, relative to territorial questions, recognized the right of native born and naturalized citizens of the United States, permanently residing in any Territory, to frame a constitution and laws and to regulate their social and domestic affairs in their own way. The American party proposed to extend the term re quired for naturalization and to bar the foreigners from holding office. Mr. Hill had strong sympa thizers in the extreme Southern Ivights' men, who were on hand in abundance.
Mr. Toombs replied w7ith great dignity and warmth. He said that the Kebraska bill was a reiteration of tlie true intent of the compromise measures of 1850 ; that whoever opposed the Kan sas bill was opposed to the South. It was a touch stone for fixing party affiliations. It only carried out the Georgia platform protesting against Con gressional prohibition of slavery in the Territories. He paid high tribute to Douglas as a patriot

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and friend to the South. " Whoever condemned Douglas Deeded watching himself." Mr. Toombs charged tha.t the representatives of the Know-noth ing party had voted for the Kansas-Nebraska bill, and now claimed ignorance of its provisions. He denied that either lie or Mr. Stephens had declared that the Kansas bill was identical with the TJtah bill. Mr. Hill insisted that they had said so. Af firmance and denial became heated, and talk of holding each other "personally responsible" -was indulged in, but pretty soon the debate went back into the political grooves. Mr. Toombs denied that the bill was a. " Pandora's box of evil," or that its passage was violative of the good faith of the Sonth. This part of his argument, of course, was directed to meet Northern criticism. " The Noi'th," Mr. Toombs said, " had tried, by the Wilmot Pro viso, to legislate the South out of the right of equal enjoyment of the Territories. The South had en deavored to take the question of these rights out of Congress, to establish the doctrine of non-inter vention." This doctrine triumphed in 1850 and, despite the assertion of his opponent, was reaffirmed in the Kansas-Nebraska Act. This Act of 1854 was the great measure of justice and equality to the South.
Mr. Toombs ridiculed the assertion of Millard Fillrnore that the repeal of the Missouri Compro mise was a violation of a sacred compact. "Fill-

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more," said Mr. Xoombs, " is an amiable, clever sort of fellow, not to be trusted upon the great questions now before tlie couiiti'y. tie had with held action upon the compromise measures of 1850 until liis attorney-general told him tliat lie must sign them."
Someone reminded Toombs that lie had supported -Filhuore for vice president in 1848. lie rej died, "Yes, and I said tlieii, tliat if Fill more was at the Lead of tlie ticket, I would not support it." Several persons in tlie audience declared tliat they had heard him say it. " I am glad to know," said he, " tliat, since my opponents address you people as if you had no sense, you, at least, have shown that you have memories."
Turning; to the crowd "who had cheered tlie opposition speaker, Mr. Toombs said: "For those of you who have yelled so long and lustily, 'when your dearest rights were assailed, I can but i'eel the profoundest commiseration. Should 3*011 con tinue in your wild strife against the experience of tlie past, I ]ook to <" kind Providence aud to 'wise men to protect you from yourselves."
lu regard to aliens in America, Mr. Toombs said : " I go for giving them :il 1--the oppressed of all nations--a place of refuge, and say even to the paupers and- criminals; ' We -will forgive you for the past ami try you for the future.' You may start in your railroad and go to Memphis, and then,

" ON THK STUMP" JN GEORGIA.

loi

follow tlie setting sun clay by clay, and week: by week, until you find him setting; in the Pacific Ocean, and all the time you arc passing over fertile lands where industry an id tlirift may meet appro priate rewards, and. the blessings of liberty and peace find a resting-place in the bosom of free dom."
Mr. Hill said that Toornbs was a turncoat, lie, had been a Whig', and now he abused the "Whigs. Mr. Toombs toJd the people that he came not to abuse the Democrats or "Whigs, but with the weapon of truth and the shield of the Constitution, to aid in preserving the Union and maintaining the rights of the South. lie (lid not appear before the people to curry majorities, but to promote their constitutional rights.
Mr. TooinbB was charged with being a disuniooist. Tie said he stood upon the Georgia platform of 1850, and leaning upon that faithful support, "I will say, that should .Fremont lie elected, _I will not stand and wait for /ire, but will call upon my countrymen to take to that to which they will be driven.--the sword. If that be disunion, I am a disimiouist. If that be treason, make the most of it. You see the traitor before you."
Opinion as to the result of the debate at Wash ington, was divided. Good judges thought that Mr. Hill relied too much on the ad captanfhim argument, and did not meet the points of Mr.

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Toombs ; but there are men living in Washington who heard the great contest and who delight to tell how the young warrior from Troup charged right into the enemy's camp, and rode away with the laurels of the day.
Buchaiian wa,s elected President in November. He carried nineteen States, Georgia, among- them. Btichanan and TJreokenridge received 174 electoral votes and 1,838,109 popular votes.
Fromont carried eleven States arid 114 electoral votes, receiving 1,341,264 popular votes. Fillmore carried Maryland with 8 electoral votes. His vote through the country amounted to 874,534.
Mr. Toombs, while a member of Congress, be came possessed of a largo tract of land in Texas. It was known as the Peter's Colony Grant, which had never been settled. The lands, he was in formed, by a competent surveyor, were valuable and free to settlers. They comprised abont 90,000 acres in Northern Texas, on the clear fork of the Trinity, in the neighborhood, of Dallas and Fort "Worth. Mr. Toombs had a clear head and keen perception for business. His temperament was restless and fiery. His life had been spent at the bar and in the forum. ITis gifts of oratory "were remarkable. It was a stra,nge combination which added shrewd business sense, but he had it in an eminent degree. He was a princely liver, but a careful financier. He saw that this part of Texas

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must some day bloom into an empire, and fifty years ago lie gave 080,000 for this tract of land. As Texas commenced to fill up the squatters oc cupied some of the most valuable parts of the country and refused to be removed. These desper ate fellows declared that they did not believe there was any such man as Tooinbs, the reputed owner of the land. : they had never seen birn, and certainly they would not consent to be dispossessed of their holdings.
It was in 1857 that Senator Toornbs, accom panied by a few- of his friends, decided to make a trip to Texas and view his large landed posses sions. For hundreds of miles he traveled on horse back over the plains of Texas, sleeping at night in a buffalo robe. He was warned by his agents that he had a very desperate set of men to deal with. But Toombg wras pretty determined him self. He summoned the squatters to a parley at Fort Worth, then a mere spot in the -wilderness. The men came in squads, mounted on their mus tangs, and bearing over their saddles long squirrel rines. They were ready for a shrewd bargain or a sharp vendetta. Senator Toombs and his small coterie were armed; and standing against a tree, the landlord confronted his tenants or trespassers, he hardly knewr which. Tie spoke firmly and pointedly, and pretty soon convinced the settlers that they were dealing wi th no ordinary man. He

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said lie was willing to allow each squatter a cer tain sum for betterments, if they woxild move off his land, or, if they preferred to stay, lie would sell the tract to each man at wild-land prices; but, failing in this, they must move away, as lie had the, power to put them out, and would certainly use it. There was a, good deal of murmuring' and ca,ucussing among1 the men, but they concluded that there was a man named Toombs, and that he meant what lie said. The matter was settled in a business way, and Senator Toombs rode back over the prairies, richer by a hundred thousand dollars. These lands were immensely valuable during1 the latter part of his life. They formed the bulk of his fortune when, the war closed ; and during his stay in Paris, an exile from his country, in 1866, lie used to say that he consumed, in his personal expenses, an acre of dirt a day. The land was then worth about five dollars an ac.ro.
It "was while he was returning' home from his Texas trip that the postman met him on the plains a,nd delivered a letter from Georgia, This \vas in July, 1857. The letter announced that the Democratic State Convention in Georgia had adjourned, after nominating for Governor Joseph. li Brown. Senator Toombs read the letter and, looking up in a, dazed way, asked, "And who in the devil is Joe Brown ? "

\

CHAPTER XIV.
TIIR OiAJU'ATGlSr OF 1856.
TUTETJ-K -was a good deal of significance in tlic inquiry. There was a hot campaign ahead. Tlie opposition party, made up of Know-nothings and old-line AVhigs, liad nominated Benjamin PI. Plill for Governor. Senator Toombs knew that it would require a strong man to beat him. Besides the Governor, a legislature was to be chosen which was to elect a successor to Senator Toombs in the Senate. He was personally interested in seeing- that the P)emocratic party, with which lie had been in full accord since the passage of the Kansas-Nebraska bill, had a strong leader in the State. All the wa,y home he was puzzling in his braiu about "Joe Brown."
Abont the time that he returned, he was in formed that Hill and Brown had met at Glen Spring, near Athens. A large crowd had at tended the opening discussion. Howell Cobb wrote to Senator Toombs that he had better take charge of the campaign himself, as he doubted the ability of Judge 'Brown to handle "Plill of Troup."
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ROBERT TOOMB8.

Josepli E, Bi*own had come xip from the people, He was a native of Pickeus, S. C., of old ScotchIrish stock that had produced Calhoun and Andrew Jackson. The late Henry "W. Grarly, in a bright fancy sketch, once declared that the ancestors of Joseph E, Brown, lived in Ireland, and that (< For seven generations, the ancestors of Joe Brown have been restless, aggressive rebels-- for a longer time the Toombses have been daunt less and intolerant followers of the King. At the siege of Londonderry, IMaTgaret and James Brown -were within the walls, starving and fight ing for "William and Mary; and I have no doubt there were hard-riding' Toombses outside the walls, charging in the name of the peevish and unhappy James. Certain it is that forty years before, the direct ancestors of Robert Toombs, in their estate, were hiding the good King Charles in the oak at Boscobel, where, I have no doubt, the father and uncle of the Londonderry Brown, with cropped hair and severe mien, were progumg about the place with their pikes, searching every bush in the name of Cromwell and the psalm-singers. From these initial points sprang the two strains of blood--the one affluent, impetuous, prodigal, the other slow, resolute, forceful. From these ances tors ca.me the two men--the one superb, ruddy, fashioned with incomparable grace and fullness-- the other pale, thoughtful, angular, stripped down

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to brain and sinew. From these opposing theories came the two types : the one patrician, imperious, swift in action, and brooking no stay ; the other democratic, sagacious, jealous of rights, and sub mitting to no opposition. The one for the king, the other for the people."
Young Joe Brown had taught school, studied law, finally completing his course at Yale College. He was admitted to the bar in 1845. In 1849 lie was elected as a Democrat to the State Senate by Cherokee County. In 1851 he had been a South ern Rights man, voting for McDonald against Cobb, the Union candidate for Governor. In 1852 he was Democratic elector for Pierce. In 1855 he was elected by the people judge of the Blue Ridge Circuit. He was very strong in North Georgia. The convention which selected him as the candidate for Governor met in Milledgeville, June 24, 1857. The Democrats had no lack of eminent men. There were candidates enough. James Gardner, the brilliant and in cisive editor of the Augusta Constitutionalist, led the ballot, but I^rown was finally brought in as a compromise man. His nomination was a surprise.
"When Senator Tooinbs met the young nominee, by appointment, to talk over the campaign, he found that he was full of good sense and sagacity. He joined him in his canvass, lending his own name and prestige to the Democratic meetings.

1

158

IlOJittRT TOOMBS.

I3iifc lie found inncli shrewdness and. homely wisdoiii about Joseph K. Brown, and lie became con vinced that lie was able to make liis way to the favor of the people without outside aid. The Democratic nominee proved his ability to stand before the luminous oratory of Ben Hill himself. Thrown had courage, clearness, and tact, with grow ing ability and confidence. He soon developed the full strength of the Democratic- party, which, in Georgia, was overwhelming, Joseph iE. Brown was elected Governor, and the last vestige of the American party went down in 1857. The legis lature was overwhelmingly Democratic.
On the 6th of November, 1857, Mr. Toombs wrote from Milledgeville to his wife, pending the election of United States Senator :

I got here Wednesday and found the usual turmoil and excitement. Governor .MeDonald, is -here and lias been trying- hard to beat mo, but I find very unexpected and gratifying' unanimity in my favor. The party met this evening and nominated mo by acclamation, with but two or three dissenting votes, and they speak of bringing on the election to-morrow. 1 am very anxious to see you, and am tired of wandering about in excited crowds ; but I suppose after to-morrow I will have peace, so f;ir as I am concerned, for the next six years. I think I Khali be en titled to exemption from the actual duties of future cam paigns to stay at home with you.

He was reelected to the United States Senate for the term beginning- March 4? 1857.

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President Buchanan was inaugurated, lie announced t]iat a case was pending in tlie Supreme Court upon the occupation of the Territories. By this decision lie would abide. The day after the 'inauguration the deeisioii was announced. It was the celebrated Dred Scott case. It fell like a bomb into the antislavery camp. The great ques tion involved was whether it was competent for Congress, directly or indirectly, to exclude slavery from the Territories of the United States. The Supreme Court decided that it was not. Six judges out of eight made tins decision. The opinion was delivered, by Chief Justice Roger B. Taney.
This decision added to the fury of the storm. It was announced that the Chief Justice had an nounced the doctrine that " negroes had no rights that a white man was bound to respect" ; a senti ment so atrocious that this official repelled it with indignation. Efforts were made to bury the Chief Justice in obloquy.
The struggle over the admission of Kansas into the Union was prolonged in Congress. But the situation in Kansas became warmer every year. The Eastern immigrant societies were met by in roads of Missouri and Southern settlers. A state of civil -war virtually obtained in 1856--57, and throughout Buchanau's administration there was a sharp skirmish of new settlers and a sharp

maneuver of parties for position. The Georgia State Democratic Convention of 1857 demanded the removal of Robert ,i. "Walker, who li.-id been appointed Governor of Kansas. He was a Southern man, but was regarded as favoring the antislavery party in its efforts to organize the Territory. The truth was, as Senator Toombs had clearly foreseen and expressed in his speech in the Senate in 1856, Kansas was destined to be a free State, and amid the violence of the agitation, confined to no one side, was marching steadily toward this destiny. The administration favored the admission of Kansas with the Juecompton Constitution, which was, decidedly favorable to the proslavery men. Sen ator Douglas opposed this plan. He had become committed to the policy of squatter sovereignty during the debate on the Kansas-Nebraska bill in 1854. He contended that the settlers of a Terri tory could determine the character of tlicir institu tions, a position which the Buchanau party de nounced as inconsistent with Democratic principles. Mr. Douglas indorsed the Dred Scott decision, but maintained his position on popular sovereignty. He became at once unpopular with the rank and file of the Southern Democracy, with whom he had long been a favorite. He was also estranged from the administration, and it was evident that he would have no easy matter to be reflected United States Senator. ' This election came off in

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the fall of 1858. It was clear to him tliat, to maintain his prommen.ee in politics, lie must carry Illinois. Unless he could save his own State Ids chalice for President was gone. So lie went into this memorable canvass with Iris own party divided and a determined opponent in the person of Abra ham Lincoln, The young .Republican party in Illiiioiy ha.d been gathering' strength with . each ne\v phase of the slavery question.
The joint debate between Douglas and Lincoln was memorable. As a dexterous debater, Douglas had no equal in the Union. He was strong on the stump and incomparable in a popular assembly. Without grace, or .imagination, he was yet a plausi ble, versatile man, quie.li and ingenious, resolute and ready, with a rare faculty for convincing men. lie yra,s small and sine^yy, w7 ith smooth face., bright eye, arid broad brow, and his neighbors called him the " Little Giant." ITe could be specious, even fallacious; he employed an. ad captanJ/iuri, kind of oratory, wdiicli was taking with, a crowd and con fusing to an adversary. The man. who met him in these debates w^as a tall, impressive personage, i-ough, original, but direct and thoroughly sincere. In many points he was the opposite of Douglas.
He was rather an ill-ordered growth of the early West, a man wdio had toiled and suffered, from his youth up. He was full of sharp corners and rough edges, and his nature was a strange mixture of pa-

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tieuce and melancholy. As Mr. Stephens said, lie regarded slavery "in tlie light of a religious mysti cism," and believed that his mission to beat it down was God-ordained. And yet he \vas a statesman, a public; man of breadth and prominence, a speaker of force and pel-suasion. lie had the robust cour age of a pioneer and the high purpose of a re former. It was in this debate that Mr. Lincoln, at Freeport, 111., asked Mr. Douglas that memorable question, on the stump : " Can the people of a Ter ritory, in any lawful way, exclude slavery from their limits, prior to the formation of a State con stitution ?" Mr. Douglas promptly answered, " Yes." This was his doctrine of popular sov ereignty. But the answer cost him the Democratic nomination to the Presidency. The theory that a mass of settlers, squatting in a Territory, could fix and determine the character of the Territory's domestic institutions, was repiiguaut to a large por tion of the Southern people. They claimed that un der the Dred Scott decision, slavery already existed in the Territories, and must be protected by the Constitution; and that it was not competent for the people to determine for themselves the ques tion of slavery or no slavery, until they formed a constitution for admission into the Union as a State.
The election in Illinois, in the fall of 1858, gave Stephen A. Douglas a majority of eight in the

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General Assembly over Abraham Lincoln, and rXonglas was reflected for tlie new term. In this coiite.st lie had been opposed by the Kuehanan Democrats, who cast over 8000 votes in Illinois.
In the Senate, the debate on popular sovereignty was renewed. This time Jefferson Davis, a sena tor from Mississippi, attacked, this position as iiicompatible witli the Con sti11ition and the 1 MAvs. Mr. Davis was a ski.ljfi.il debater. His mind was singularly graceful and refined. He was eloquent, logical, and courageous. His career as soldier and statesman, as AV7tr Minister .under .Pierce, and as senator for Mississippi, made him a prominent" figure. He was cultured., classical, and well rounded, equipped by leisure and long study for the career before 11im. He had vanquished Sergeant S. Prentiss m public discussion over the national bank, and contested, inch by inch, the domination o I: Henry S. Foote in Mississippi. His career in. the Mexican Avar had been a notable one. Allied to Ztichiiry Taylor by marriage, a West Pointer by training, a Southern planter by occupa tion, lie was a typical defender of slavery as it ex isted. Davis was as slender and frail as Douglas was compact and sinewy. T-ike Lincoln, his mind grasped great principles, while Douglas was fighting for points and expedients.
Douglas declared, that the territorial settler could determine whether slavery should exist, by

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ROBERT TOOMBS.

his influence in providing or "withholding police power; although he denied the constitutional rig-lit to legislate slavery oat of the Territories, yet he believed the "popular sovereign" could, by means of "unfriendly legislation,"" bur out the Southern settler with his slaves. It was not difficult for Mr. Davis to impale him upon this plea.
Senator Douglas had saved his seat in the Sen ate, but his position in the Democratic party was weakened. The JLeconiptori Constitution passed the Senate in spite of Douglas's steady opposition.
Senator Toornbs took 110 part in the subtleties of the Douglas-Davis debate. Tie listened to the refinements of that discussion with decided convic tions of his own, but "with clear appreciation of the fact that every point scored against Douglas was cleaving the Democratic party in twain. Mr. Toombs favored the adoption of the JLecompton Constitution, but when it was rejected by the House, he promptly accepted the J.^nglish compro mise, to refer the matter back to the people. Mr. Toombs had.al\vays been partial to Douglas. In the campaign of 1856 he declared, in Georgia, that "the man who condemned Senator Donglas needed watching himself." He viewed with some pain the Douglas departure over popular sovereignty; indeed he once declared that had he not been called away from the Senate for quite a time in 1856, Mi1. Douglas would never have gone off

OF UEXEliAL E. V. HEARD, WASHINGTON, GA., WILEIUi: JEFFERSOS DAV[s LAST MKETIS& OP CABINET, AF1UL, J865.

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on this tangent. Wlieu asked if Douglas were really a great man, Senator Toombs, in 1800, an swered, with characteristic heartiness and. exagger ation, " There has been but one greater, and he, the Apostle Paul."
It was very evident that tlie people of the South would demand new guarantees for the protection of slavery against the dogma of popular sover eignty. The platform, of the Cincinnati convention, upon which ISuchanan had been elected, must be recast. The platform had declared that immigrants to any part of the public domain were to settle the question of slavery for themselves. The new plank, which President Biichanaii framed, was that the government of a Territory was provisional and temporary, and during its existence, all citizens of the United States had an equal right to settle with their property in the Territory, without their rights, either of person or property, being de stroyed or impaired by Congressional or Territo rial legislation. The two last words contained the gist of tlie resolution, which was aimed at Senator Douglas. However j-igl.it as an abstract principle, 3Ir. Stephens declared, that this was a departure from the doctrine of non-intervention.
It was at this time that Senator Toomhs made one of the most important speeches of his life. This was delivered in Augusta, Ga., September 8, 1859, during an exciting campaign. Governor

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ROBERT TOOMBS.

Brown was a candidate for reflection, and a strong opposition party Lad developed in Georgia, repre senting- the extreme Southern sentiment.
Senator Toombs said tliat the opposition to the Ivaiisas bill had continued because it was said to recognize the right of the people of a Territory, through the Territorial legislature, to establish or prohibit slavery. " \Vheu we condemned and ab rogated Congressional intervention against us," sajcl he, "that \vas a great point trained. Congress had actually excluded us from the Territories for thirty years. The people of a Territory had in no instance attempted such an iniquity. I considered it "wise, prudent, and politic to settle the question against our common enemy, Congress, even if I left it unsettled as to our known friends, the people of the Territories. We. could not settle the question of the power of the people over slavery while in a territorial condition, because T)emocrats differed on that point. We, therefore, declared in the Ivan sas bill that we left the people of the Territories perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States. We decided to refer the question to the Supreme Court. It has. gone there and been decided in our favor. The Southern friends of the measure repudiate the principle of squatter sovereignty. I stand its steadv and uncompromising adversary. The doc-

THE CAMPAIGN OF 1830.

IB?

trine of Douglas lias not a leg to stand upon. Yet I do not belong to those who denounce him. The organization of the Democratic party leaves this un open question, and Mr. Douglas is at full liberty to take either side lie may choose, and if lie maintains his ground of neither making nor accepting new tests of political soundness, I shall consider him a political friend, and will accept him as the repre sentative of the party, whatever it may tender him. T do not hesitate to tell you that, with his errors, I prefer him and would, support him to-morrow against any opposition leader in America.
" We are told," said. Mr. Toombs, " that we must put a new pL'ink. in the platform of the Democratic party, and demand the affirmance of the duty of Congress to prohibit slavery in a Territory, where snch Territory may fail to discharge this duty. I reply, I do not think it is wise to do the thing proposed, and tlie inducement would not help the proposition. While I have already asserted full and complete power of Congress to do this, I think, with Mr. Madison, that it should be prudently and carefully exercised, arid it ought not to be exer cised until the occasion is imperative. There has been no occasion, from 1Y89 to this hour, calling for it, and 1 am more than willing that tlie Terri torial settlers shall continue to govern themselves in their ow~nway, so long as they respect the rights of all the people. I will not insult them by sup-

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posing them capable of disregarding the Constitu tion of the United States, or by assuming that they are incapable of honest self-government.
" ]NTo ; I shall prescribe no new test of party fealty to Northern Democrats, those men who have hitherto .stood with honor and fidelity upon their engagements. They have maintained the truth to their own hurt. They have displayed a patriotism, a magnanimity rarely equaled in the- world's his tory, and I shall endeavor, in sunshine mid in storm, with yonr approbation if I can get it, without it if T must, to stand by them with .fidelity equal to their great deserts. If yon will stand With me, we shall conquer faction in the, IS'orth and South, and shall save the country from the curse of being ruled by the combination now calling itself the opposi tion. We shall leave this country to our children as we found it--united, strong, prosperous and happy."
This was a memorable speech, strong, sincere, and conservative, and had a marked effect. It was intended, not only to influence the, canvass then pending, but to have an effect in controlling the National convention to beheld six months later. It was copied far and wide, and the success of the State candidates whom Sir. Toombs supported showed that its statesmanlike utterances were adopted overwhelmingly in Georgia.

CHAPTER XV.
.Bt::r events were me'vmgi'a.st and furiously. T])e times needed no new Miraboau. The people were slowly welding si revohrtion, which must sweep statesmen from tlteir feet and bear upon its iierce current the strong and weak alike. It lias been asserted, aud with truth, tliat disunion Ava,s precijiitated by tlie people, not by the politicians-- by the ^NV>rth as ~u~ell as by the Soutli.
The raid of John Brown of Kansas into Virginia was not an event which would have stirred the people in ordinary times. It was the wild- fora\r of a fanatic, who tried to stir np a shave insurrec tion. lie was captured, tried, convicted, and hang-ed. There Avere demoralized followers and duped negroes with him, when he was overcome by Colonel ,Kobert JB. iLee, with, a detachment of marines, at Harper's Ferry. This affair created a feverish excitement. The South did not know how fa,r this movement extended., nor by what au thority it had been started. The criminal was execrated at the South and iirtemperately defended at the ]!^orth. The man, -who mider normal con-
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no
ditioiis of society would liave been sent to the insane asylum, was sentenced speedily to tlie galIowa and mourned as a martyr by many at the North. Bella were tolled in his honor.' Following tliis remarkable episode, several free States passed strong laws against the detention of fugitive slaves, and the Northern prose and pulpit teemed with new lessons and fresh morals. John Brown's body, in the language of the sentimental dirge, "lay juolde.ring in his grave"; hut the spirit of the Kansas boomer actually pervaded the land.
What the Dred Scott derision had wrought at the North, the Ossawatoiuie raid awoke at the South. The main features of Hnchanan's adminis tration to hasten the "irrepressible conflict" were the well-weighed words of the Chief Justice and the wild invasion of a border ruffian. Strange paradox, bnt such were the influences at work in those disordered times. Men lost their moorings, and political parties abandoned settled poli cies. Events cro\vdcd with remorseless impact upon certain civil strife.
Under this new condition of things Mr. Toombs made his great "door-sill" speech in the United States Senate, on the 24th of Jammry, 1800. It was upon the resolution offered by Senator Doug las calling for a measure of protection of each State and Territory against invasion by the au thorities and inhabitants of every other State and

JOHN BROWN'S BALD.

Til

Territory. Senator Toombs declared that the resolution, opened up a new page in the history of onr country. It was ,'t step in the right direc tion. Be feared that the disease lay too deep for the remedy. Heretofore the people of tlie United States could grapple and surmount all difficulties, foreign and domestic. A. spirit of nationality, .->, common interest:, n common dan ger, can-led the country through revolutions. Now all this has changed. The feeling of loy alty and common destiny is rapidly passing away. Hostility to the compact of the Union, to "the tie which binds us together, finds utterance in the tongues of millions of our countrymen, animates their "bosoms, arid leads to the habitual disregard of the plainest duties and obligations. Large bodies of men iio\v feel and know that party siiccess involves danger; that the result may bring us face to face with revolution.
"The fundamental principles of our Union are assailed, invaded, and threatened with destruction ; our ancient rights and liberties are in danger; the peace and tranquillity of our homes have been in vaded by lawless violence, find their further inva sion is imminent ; the instinct of self-preservation arms society to their defense."
JHr. Toombs contended that this was no new principle introduced into our Constitution. It was inserted in the ordinance of 1787. The Xew

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TjUgltmd Confederation adopted, it m 1 643. Tlie Supreme Judicial tribunal of Prussia affirmed it as the public law of Kurope as Lite as 1855. It was acknowledged, to be a sound principle of public law in the days of' Pericles, and its violation by cue of tlic States of Greece was the chief cause of the Peloponnesian War, "which devastated Greece for twenty-cue years. The !\leg;\re:uis had given refuse to the revolted slaves of .Athens."
"1 say," lie continued, "the bargain is broken-- broken by the States whoso policy I have re viewed; broken., by the "Republican party, which did the work in their legislatures and elsewhere. Their hands are soiled with the blood of the coin"' pact. They cnuriot be j>ei'initted to minister at its altar. Their representatives on this Moor mock at constitutional obligations; jeer at, oaths. They have lost their shame with their virtue. .... In the name of the people, I repeat, I demand, the bond. In the name of: every true and honest man at the North as* we!! as the South, 1 demand the .resumption, of your plighted faith. Upon these terms T have ever been willing to let the "Union stand, but upon. 110 other.
" Who is responsible for the inurdei', treason, and arson, of John. jBrowu ? I have never known of Jus acts being approved or palliated by any other person than, a "Republican. Thousands of them have done it and are now doing it. In charging

JOHN BKOWS'S KAJD.

ITS

this dark catalogue of crime ng.-iiii.st tlii.s organiza tion, I would not be unjust. I have no doubt that thousands ol' persons belonging to that organ ization throughout the ISTorth, loathe and despise John T>rown's rai(L; bat it is equally true that there are other thousands m the same organization who do approve it. They tell ns that they con demn his acts, but admire his heroism. I think the Republican party must be pressed for a hero. The ' Newgate Calendar' can furnish them with a dozen such saints. To 'die game' and not to 'peach ' are sometimes useful, if not heroic, virtues in an accomplice. The, thousands of blind -Repub licans who do openly approve the treason, murder, and arson of John Brown, get no condemnation from their party for such acts. They "-re its main defenders and propagandists all over the North, and, therefore, the party is in moral complicity with the criminal himself. !No society can long exist in peace under these injuries, because we are in virtual civil war; hence, I denounce their authors, the Republican party, as enemies of the Constitu tion and enemies of my country.
"It is vain, in face of these injuries, to talk of peace, fraternity, and common country. There is no peace; there is no fraternity; there is no com mon country; all of us know it.
" Sir, 1 have but little more to add--nothing for myself. I 1'cel that I have 110 need to pledge

my poor services to this great cause, to my coun try. My State has spoken for herself. 'Nine years ago a. convention of her j)eoj)le met and declared that her connection with (-his govern ment depended upon the faithful execution of the Fugitive-slave law. I was a member of that con vention, and 1 stood then and stand now pledged to its action. I have faithfully labored to "arrest these calamities; I will yet labor until this last contingency happen*, faithfully, honestly, and to the, best of ruy .ability. When that time comes, freemen of Georgia, redeem your pledges ! I am ready to redeem mine. Your honor is involved, your faith is plighted. I know yon feel a stain as a wound. Your peace, your social system, your friends are involved. Xever permit this Federal Government to pass into the traitors' hands of the black ^Republican party. It has already declared war against you and your institutions. It every day com/nits acts of war against you; it has already compelled you to arm for your defense. Listen to no vain babbling; to no treacherous jargon about 'overt acts'; they have already been committed. Defend yourselves ! The enemy is at your door; wait not to meet him at your hearthstone ; meet him at the door-sill, and drive him from the Temple of Liberty, or pull down its pillars and involve him in a common miri."

CHAPTER XVI.
TffE CJI AKr.l^STON COi^VK
IT was an unfortunate time for the meeting of the Democratic Xational Convention. The hope that the party which had so often brought har mony from discord could unite upon the Roil of an extreme Southern State was destined to be broken. The body mot in Charleston oil April 23, 1860. The place was worthy of the assem blage. For the first time in the party history, its convention had met sonth of Cincinnati or J5altimore. Redolent with, the beauties of spring and the tint of historic interest, Charleston, with its memories of INJoultrie, inspired feelings of patriotic pride. If it suggested the obstruction of Calhoun, it recalled the Revolutionary glory of Marion and Rutledge, and the l)old challenge of Ilavne to Webster, that if there be one State in the Union which could challenge comparison with any other for a uniform, ardent, and zealous devotion to the Union, that State was South Carolina.
It sva.s a memorable meeting. The convention was presided over by Caleb dishing of Massa chusetts, the devoted friend of Daniel Webster, and
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ROHERT TOOMBS.

Attorney-General under Franklin Pierce. In its ranks were ITenry 13. .Payne of Ohio, rienjamiii K. Butler of .Massachusetts, and James A. Tiayard of Delaware. These men were towers of strength in the .North. They \yere the men to ~u licni Ivobert Too ml> s had. appealed in tlie Senate, when lie turned from liis fiery imprecation, and, lowering his great voice, declared, with tenderness and pride, "I have no word of invocation to tltose who stand to-day in the ranks of ISTorthoi'n .Democracy, but to remember and emulate their past history. From the begimring of this foritro\'ei'Siy they have stood tinnly by the Constitution. !No body of men in. tlie "\\roi'ld' history ever exhibited higher or uol.tler deA'otion to ].)i'inci].)le under yuch ad\'erse circum stances. .... Amid the opprobrious epithets, the g'ibes and jeers of the enemies of the (Constitution; worse than, this, amid words of distrust and re proach even from men of the South, these great hearted patriots have marched steadily in the path of duty. .... The miiou of all these elements may vet secure to our country peace and safety. Rut if this cannot be done, safety and peace are incompatible in the Union. Amid treachery and desertion at home, and injustice from without, amid disaster and defeat, they have risen superior to fortune, and stand today with, their banners all tattered and soiled in the .humble service of the whole country. 'No matter what fortune may be-

TJ1E an^HLKSTON CONVKNTIOlf.

m

tide us in the future, while life lasts, I have a hand that will succor and a heart ready to embrace the humblest soldier of this noble band."
At that time there were thirty-three States in the CiiioTi. The committee on plr.ti'orrn consisted of one from each State. The delegates from California and .Oregon, voting with the South, gave thorn seventeen votes in committee. The resolutions were quickly framed, with the excep tion of the one on shivery. Here was the dead lock. The majority plank declared that the right to settle, in the Territories with slaves "was not to be destroyed nor impaired by Territorial legislation." The minority proposed once more to leave the question to the Supreme Court. The compromise was not accepted. The two reports came before the convention, and, the .Douglas men being in the majority on the floor, the minority, or squatter-sovereignty report, was adopted by a vote of 105 to 138. Here came the crisis. The dele gates from Alabama, Mississippi, Florida, Louisiana, Arkansas, Texas, and a part of .Delaware, withdrew from the convention. Hon. William L. Yaircey of Alabama led. this movement. He was a man of courage and decision, with unrivaled powers of oratory, lie had. been a member of Congress, and his influence in the South was large. So far back as June 15, 1858, he had writteu'a famous letter to James 3:1. Slaughter that "no national party

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call save us; 110 sectional party can over do it; but if we would do as our fathers did, organize committees of safety all over tlie cotton States-- and it is only to them that we can hope for any effectual movement--wo shall fire the Southern heart, instruct the Southern mind, give courage to each other, and, by one concerted action, wo can precipitate the cotton States into a revolution." This was called the " Scarlet Letter," and was widely scattered and read.
The seceding delegates organized a second as semblage over -which the IToii. James A. Bayard presided. The Douglas men were left in control of the first convention, but could not secure the two-thirds vote necessary for his nomination. . More than fifty ballots were taken, the full strength of the Illinois candidate being 152. On the 3d of May the convention adjourned to meet in lialtimore on the 18th of June, when it was hoped a spirit of compromise might be inspired by the seriousness of the situation.
Ou the night of the break in that body My. Yaucey made a speech in Charleston, when in pro phetic words he declared, " Perhaps even now the pen of the historian is nibbed to inscribe the history of a new revolution."
The seceding delegates called for a convention to be held in Richmond, Va., on the second Mon day in June.

THJS CHAHLXST02?
When the seven States had withdrawn from the convention, tlie Georgia delegation was split up. A. majority left tlie convention, a small minority remained. This action created or eat excitement iu Georgia. The Democratic executive committee culled a State convention to meet in Milledgeville on June 4. A. committee of promi nent citizens, headed "by Hon. J. J. Greshani of Macon, addressed letters to public men aslvhig their views in tins alarming situation. Ho well Cobb indorsed the scceders; he was opposed to Douglas. Alexander II. Stephens thought Georgia should appoint delegates to the Baltimore convention, withdraw the demand for a new plank in the Cmciimati platform, abide by the doctrine of non-intervention, and. nominate a good, man for President. "If 'we must quarrel with the ISrorth," said he, " let us base it oil the aggressive acts of oui' enemies and not 011 the supposed shortcomings of our friends.'"
Hon. "Robert Toombs did not come South dur ing the Charleston, convention. He watched from his post in the Senate the great struggle between the Democratic factions. On ]\Iay 10, he wrote, in reply to the letter of the Macou committee :
Perhaps-the time may not have come for the attainment oE the full measure of our constitutional rights ; it may not have "been prudent on tlie part of the representatives of the seventeen States to Lave sanctioned and presented as iimch,

ISO

ROBERT TOO'UBS.

troth on the slavery issue as is contained in what Is com monly culled llie majority platform ; 1 ut wlicii it "was thus sanctioned, approved, and presented to the convention, it was well to stivml lay and defend it, especially against the platform of the minority. The seceding- delegates did tins with manly firmness, and 1 approve their action.

Mr. Toombs advised, however, that the seceding delegates ought to meet with the convention at Baltimore aud endeavor to obtain such a satisfac tory adjustment of difficulties as could be secured. " This course requires no sacrifice of principles." This plan had been proposed by the delegates from New York to the delegates from the Southern States. " The proposed Richmond convention, if it shall be found necessary to hold it," he said, " can be held after, as well as before the Baltimore convention, and I think with clearer lights for its guidance."
" It is sometimes wise," said Mr. Toombs, " to accept a part of onr just rights, if we can have the residue unimpaired and uncompromised, but noth ing can justify a voluntary surrender of principle, indispensable to the safety and honor of the State.
"It is true we tire surrounded with danger, but I do not concur in the opinion that the danger to the Union is even one of our greatest perils. The greatest danger, to-day, is that the Union will sur vive the Constitution. The body of your enemies in the North, who hate the Constitution, and daily

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trample it tinder tlieii' feet, profess an ardent at tachment to the Union, and I doubt not, feel such attachment fora Union unrestrained by a Consti tution. Do not mistake your real danger! The Union has more friends than you have, and will last, at least, as long as its continuance will be compatible with your safety. 17
Prior to the reassembling of the Democratic convention, the resolutions introduced by the lion. Jefferson Daris, containing' the Southern ex position of principles, came up in the Senate. ]Mr. Toombs had opposed the policy of introducing those resolutions, but as they were then before the country, he said they should be met. lie ridi culed the idea of popular sovereignty. He de clared that Congress should protect slavery in the Territories. The Federal Government, he claimed, did protect its citizens, native arid naturalized, at home and abroad, everywhere exceyvt on the soil of our own territory, acquired by comrnou blood and treasure.
This speech of Senator Tooinbs marked an epoch in his career-. It separated him entirely from Stephen A. Douglas, to whom he had been closely allied, in spite, as he said, of Douglas hav ing wandered after strange gods. Douglas ab sented himself from the Senate when Toombs ~ spoke. For the first time in twenty years, Toombs and Stephens took divergent paths. They were

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called in Georgia the "Siamese twins." From the election of H'arrisoii to tlie Democratic split in I860, they had been persona] friends and firm political allies. Mr. Stephens was :for Douglas and the Union ; Mr. Toombs feared lest " the Union .survive the Constitution."
The Democratic party in Georgia met on June 4, ami parted on the lines of the Charleston, divi sion. The Union element in Georgia was led by Ilerschel V. Johnson, a, man of power and influ ence. He had been Governor of the State, was a mail of learning-, profound in thought and can did in expression. PTis wife was a niece of Presi dent Polk. His state papers were models of deal' and classical expression. Governor John son was, however, better fitted for the bench or the Cabinet than for a public leader.
JrSoth wings of the Georgia convention appointed delegates to the, .Baltimore convention. That body admitted the delegation which had seceded from the Charleston convention. As the seceding del egates from the other States were rejected, the Georgia delegates refused to go in. Missouri was the only Southern State which was represented entirely ill the body, composed of 100 delegates. Massachusetts withdrew and Caleb Cushing re signed the chair. Stephen. A. Douglas was nomi nated, for President of the United States. Gov ernor Kitzpntrick of Alabama declined the vice

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presidency, and Hersehel A7". Johnson of Georgia vvas chosen for vice president. The secedevs im mediately organized a national convention, Mr. Gushing presiding'. It was composed of 210 dele gates. The majority or anti-Douglas platform of the Charleston convention, was adopted. John. C. J>reckenridge of Kentucky -was nominated f<:>r President, and Joseph C. Lane of Oregon for vice president. Mr. Tii'eckenridge was at that time vice president of the United States, and Mr. Jjune was a senator. Mean while, a Constitutional Union party had "been formed in Georgia, and had elected delegates to a convention of that party in .Raltiinore. This body nominated for President and vice president, John P>ell of Tennessee and Edward .Kverett of Massachusetts. -Mr. Be LI had been United States Senator at the time of the passage of the K"/in,sas-]S~ebra.8ka bil]; in 18;>? and had been arraigned by Mr. Toombs for opposing the party policy. He was one of the thirteen who voted against it in. the Senate.
The contest in Georgia waged Avith miieli vigor, liobert Toombs sii]->ported Tireekenridge. IJo was a delegate to the Democratic State convention which put out a "Breokcnridgc and Lane electoral ticket. He cut out the business of that conven tion, and declared that the Constitution and equal ity of the States was the only bond of everlasting union. Mr. Stephens headed the Douglas ticket.

184
Senator Douglas himself came to Georgia and spoke during the campaign. Tile Be]I and Everctt ticket was championed by Benjamin H. Hill The vote in Georgia was: Brcckeiiridge, 51,893; Douglas, 11,580; Bull, 42,855.
Of those three. Georgians, so strikingly arrayed against each, other in this critical campaign, Mr. Vincent, a gifted Texan, tuns wrote witli dramatic power: "Hill, Stephens, Toombs--all eloquent, all imbued with the same lofty patriotism.' They differed widely in their methods; their opinions were irreconcilable, their policies often diametri cally opposite. Hill was quick, powerful, but nnpersistont; Stephens, slow, forcible and compromis ing; Toombs, instantaneous, overwhelming, and nnyielding. Sill carried the crowd with a whirl wind of eloquence ; Stephens first convinced, then moved them with accelerating force; Toombs swept them witli n. hurricane of thought and mag netic example. Hi IPs eloquence was in nights, always rising and finally sublime ; Stephens1 was argumentative with an elegant, smoothness, often flowing in sweeping, majestic waves ; Toombs' was an engulfing stream of impetuous force, with the roar of thunder. Hill way receptive, elastic, and foil of the future; Stephens was philosophical, adaptable, and full of the past; Toombs was inexhaustible, original inflexible, and full of the now. it was Hill's special forte to close a cam-

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paign ; Stephens' to manage it; Toorabs' to orig inate it. In politics as in war, lie souglit, with the suddenness of an electric iiash, to combat, vaurniish, and slay. Hill's eloquence exceeded bis judgment; Stephens' judgment was superior to his oratorical power; in Toombw these wTere equi pollent. Hill considered expediency ; Stephens, policy ; Toombs, principle always ; Tlill would per haps flatter, Stephens temporize, Toombs neither --never. At times Hill would resort to the arts of the dialectician ; Stephens would quibble over the niceties of construction ; Toombs relied on the im pregnability of his position, the depth of his thought, the vigor of his reasoning. Hill discussed with op ponents; Stephens debated with them; Toombs ignored them. Hill refuted and vanquished his adversaries ; Stephens persuaded and led them ; Toonibs magnetized them, and they followed him. Their enemies said that Hill \vas treacherous in politics; Stephens selfishly ambitions ; and that Toombs loaned like a prince and collected like a Shyloek.
"Ill those days Georgia did not put pygmies on pedestals, tlill will be remembered by his ' ^otes on the Situation'; Stephens by his ' War between the States'; Toombs had no circumstantial su periority. He is immortal, as the people are eternal."

CHAPTER XVII.
TOOJIBS AS A T.KG-TSLATOR.
had taken a leading hand in the mo mentous events. Alexander H. Stephens had been prominently mentioned for President; so liad Howell Cobb. When Senator Toombs had attacked the doctrine of Mi-. Douglas, the. follow er* of the latter charged that Mr. Toombs had de serted his old ally, and was himself making a Lid for the presidency. Especially wa.s this the case, they urged, as Mr. Toombs had recommended the seceding delegates to go hack to the Balti more con volition, and endea,vor to effect an honoraljle adjustment. The Augusta OJiroiiicle mid &<:!t.ti'jttl, a leading Union organ, took up the charge and asked: "What of it? Tie is cer tainly a,s much entitled to it as any citizen in the 3'epuLlic. Wrere he elected, he would be such a President a.s the country needs, giving no coun tenance to corruption or fraud, but, with a will of his own, setting aside all dictation and acting as President of all the people. TV'e doubt if there is a man that could arouse such a faror in his hehalf, North or South, as Eobert Toombs."
186

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187

Close friends of Mr. Toombs at that time be]ieved he was not, without his ambition to occupy the Executive chair. Never an office-seeker, lie had gone easily to the front rank of national poli tics and liad won his honors iu Georgia in a kingly way. He realized, however, that lie was not po litic enough to gain support from Northern States. His convictions were overmastering pas sions; his speech was fervid and feu-Jess; and his bold, imperturbable expression had placed him in a fierce white light, which barred him from the promotion of party conventions. While his ene mies were accusiiio- him of a desire to destroy the Union and embroil the sections, "Robert Toombs was probably cherishing in his heart a, vague hope that one day he might be called to the presidency of a common country.
Senator Toombs was very active in attending to his public, duties. lie was interested in every species of legislation. His remarks upon the dif ferent matters of national business exhibited ver satility, study, and interest in everything that affected the public welfare. Those who believe him to have been a conspirator, using his high position to overthrow the government, have oniy to look over the debates iu Congress to see ILOW active and conscientious were his efforts to pro mote every real interest of the TJition.
In the United States Senate, on July 31, 1854;

188

ROBERT TOOMSS.

]Mi\ Toornbs gave an elaborate exposition of his views upon the policy of internal improvements. He .said he had maintained opposition to this sys tem as a fundamental principle. Since he entered public life, he had. sustained President Polk's veto of the River and Harbor bill in 1847. He be lieved that Congress had no constitutional power to begin or carry oil a general system of internal improvements. ILe wanted to know \vhere this power of the Constitution could be found. Madi son and Jefferson had opposed this system. Monroe, Jackson, and Clay had yielded to the popular pressure and sanctioned it. "Instead of leaving the taxes or the money in the pockets of the people," he said, "yon have spent nine months in endeavoring to squaTider and arranging to have more to squander in the next Congress. I should like to rise a polite term," said he, "for I am a good-natured man, but I think it is corruption.
"In this bill you offer me seventy thousand ' dollars for the Savannah rivet-. Ships were, sunk
in that river for the common defense of the country during the Revolutionary TV'ar. You are bound, to abate your nuisance at common law. You might offer me this Capitol full of gold, and I would scorn the gift just less than the give]'. You ought to have removed these obstructions long ago. When we come and ask of you this act of justice, you tell me to g'o with you into

TOOJfUS AS A J.KGlSLATOll.

189

your internal improvement bill and take pot-luck with you."
Mr. Toombs claimed tliat tlie power given to Congress to regulate commerce, simply meant to prescribe tlie rules by which commerce could be carried on, and nothing else. " Tlie people of Maryland," lie said, "had never asked that tlie harbor of Baltimore should be cleaned at tlie ex pense of tlie, people of Georgia. They did not ask that otlier people should pay their burdens. They came here and asked the privilege of taxing their own commerce) for their own benefit, and we granted it. I hold it to be a fundamental prin ciple in all governments, and especially in all free governments, that "yon should not put burdens on the people whenever you can discriminate and put them on those who enjoy the benefits. You started with that principle with your post-office establishments.
" Senators, is it, just ? I tell you, as God lives, it is not just, and you ought not to do it. There is manhood in the people of the Mississippi Valley. Let them lev}- tonnage duties for their own rivers and ports and put up their own light houses, and charge the people who use them for the benefits conferred. Let the honest farmer who makes his hay, who gathers his cheese, who raises his meal in Vermont, be not taxed to in crease your magnificent improvements of nature.

180

SOREST TOO3IES.

and your already gigantic wealth. Senators, it is unjust."
During the session of Congress of 1850--F) 7. Senator Toombs aguiu arraigned the \vhole system of interim! improvements. lie carefully differentiated between building- a lighthouse and clear ing out a harbor by the Federal Government, lie said in coin'se of the deflate: " Where lighthouses are necessary for the protection of your nary, 1 admit the power to make them ; but it must be where they are necessary, and not merely for the benefit and facilitation of commerce. Foreign and domestic commerce ought to be charged, as in Kuglanel and Franco, for the benefit they receive. J would make the shipowners, the common car riers of this country, who- lire constantly using the power of this government to make money out of the products of honest industry and agriculture, submit to this rule.
"The power to found a navy is found in the only fountain of power in this country, the Con stitution. The defense of one is the defense of all. The destruction of nationality is the destruc tion of the life of all.
" I say if you take away the property of one man and give it to a thousand, or if you take away the property of n million and give it to nineteen millions, you do riot create national wealth by transferring1 it from the pockets of

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101

honest industry to other people's pockets. This is my principle. Tt is immo\ able. The more commerce tliere is on tlie Mississippi tlje more they are able and competent to pay the expenses of transporting it, and I only ask that they sha.ll do it."
Mr. Toombs sustained the veto of President Pierce of the Mississippi River bill.
In July, 1850, ho said that he had for eleven years maintained the vetoes of Mr. l\>lk. "I have perceived that this mischief is "widespread, this corruption greater, this tendency to the destruction of the country is more, dangerous. The tendency to place the whole government tinder the money power of the nation is greater and greater. The danger may be all of my imagination ; but whether that be so, or whether I see in a bolder light the evil that will grow by letting this sluice from the public treasury and making it run by the will of the majority, I deem it so important that it may be worth an empire. T\re are called on, upon the idea of everybody helping everybody's bill, to vote for them all. There certainly can be no greater abandonment of public principle than is here presented."
Senator Toombs, while a member of the Georgia Legislature, opposed the omnibus bill, granting State aid to railroads, and one of the first devices

T TOOXBX.
to fall under his criticism \vas a scheme to build a road to his own town, lie was by nature pro gressive. Ho championed the, cause of the State raih'oacl of Georgia. In general terms he believed that the States find the people should cany out works of internal improvement. It is said that tile first office ever held by .Mr. Toonibs was that of commissioner of the town of Washington, Gu. The election hinged upon a question of public im provement, the, question being " ditcli or no ditcli" ; Toombs was elected commissioner, and the ditch was dug.
lie was nothing of a demagogue. lie did not attempt to belittle the public service. I[e cham pioned the provision for higher pay for the United States Judges, and for increasing the stipend of. army officers, although, lie denounced the system of double rations as vicious. He did not hesitate to hit an unnecessary expense in every shape. All overflowing pension grabs found in him a deadly enemy. In December, 135G, while speak ing on the subject of claims, he said: "In 1828, when half a century had passed over the heads of the men who fought your battles, when, tlieir generation was gone, when Tories and jobbers eonld not be distinguished from the really meritorious, the agents came here and attempted to intimidate public men." He alluded to pen sion agents as men who prowl about and make

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fortunes by peddling in the pretended patriotism and sufferings of their fathers.
" It is," said he, " a poor pretext for an honor able man to come and tell the government, ' My ancestor fought for his own and the public lib erty; he did not choose to be a slave to a foreign despotism; but with manliness, and honor, and patriotism, ho fought during the war; now pay me for this, i want to be paid in hard dollars for the honor, and chivalry, and patriotism of my ancestor.' T tell you, 3ir. President, it is riot good money; it is bad money; it is dishonor able to the memory of those who fought your battles."
In February, 185*7, the electoral vote for Pres ident was counted by the two Houses of Congress. The vote of the State of Wisconsin (five ballots) had been cast on a day other than that fixed by the States for the meeting of the JOlectoral College. If counted, it gave Fremont 114 rotes; if omitted, Freniout would have 109.
In the debate which followed, Senator Toombs discussed very closely a point wd'iich has since been the subject of sharp contention. He said : "The duty of counting the vote for President de volves on the Senate and House of Representatives. They must act in their separate capacities; but they alone can determine it, and not the President of the Senate and the tellers of the two Houses.

194

ROSKRT TOOMBS.

It is a high privilege, a dangerous one to tlie liberties and Constitution of this country. The Senate and House must determine the votes to be counted, and the X'resideut of the Senate can only announce those to be votes which are thus decided l>y competent authority, and any attempt of the presiding officer to declare what votes he may deem to be legal, or to decide which are the votes, no matter whether it affects the result or not, or even to say that the question shall not be decided, however highly I respect the chair, I submit is not a power given to the presiding officer by the Constitution and the laws."
In 1850 Senator Toombs found it necessary to oppose an appropriation for an experiment w'ith the Atlantic cable. lie was not prepared to say that the experiment would not be successful, but he boldly declared, despite the importance of the work and the high character of the men who were supporting it, that there was no power in the ^Federal Constitution for such an appropriation. Because the government establishes post roads, it could not be inferred that the government had the power to aid in transmitting intelligence to all quarters of the globe. He did not believe in go ing beyond the constitutional guarantees. He declared of these questions, as he had ill the de bate upon the Kansas bill, that in hunting for power and authority he knew but one place to go

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--to tile Constitution. When lie did not find it there, lie could not find it anywhere.
Senator Toonibs favored the purchase of Cuba, because he considered it advantageous to the re public. " E will accept Canada as readily, if it can bo honestly and fairly done," he said. "I will accept Central America and such part of Mexico as, in my judgment, would Too advantageous to the republic."
The question of the slave population of Cuba should not come into this discussion, he declared. " I will not trammel the great constitutional power of the Executive to deal with foreign nations, with our internal questions; and I will not manacle my country, I will not handcuff the energies of this mighty republic, by tying up our foreign diplomacy with our internal dissensions. At least to the rest of the world, let us present ourselves as one people, one nation." He spurned the idea that he wanted Cuba to strengthen the slave power in Congress. He said, " Some may think we go for it because by this means we shall have one more slave State in the Union. I know that the senator from iN^ew York (Air. Seward) at the last session alluded to the comparative number of slaveholding and non-slaveholding States; but I never considered that my rights lay there; I never considered that I held my rights of property by the votes of senators. It is too feeble a tenure.

IiT TOOl-WS.
If T did, I have shown by my votes tliat I have not feared them. Whenever any State., Minnesota or Oregon, or any other, came, no matter from where, if slie carae on principles which were suffi cient iu my Judgment to justify her admission into this great family of nations, I -never refused her the right hand of fellowship. I did not inquire whether you had seventeen or eighteen free States. If you had fifty, it would not alter my vote. The idea of getting one slave State "would have 110 effect on me. .But Cul_>a has fine ports, and with her acquisition, we can make first the Gulf of Mexico, and then the Carribean. Sea, a raft-re clan sin fi* Probably younger men than 3-011 or I will live to see the day when no "Hag shall float there except by permission of the United States of America. That is my policy. I rose more with a view to declare my policy for the future ; that develop ment, that progress throughout the tropics was the true, fixed, unalterable policy of' the nation, no matter what may be the consequences with reference to TOuropeau powers."
Mr, Toombs believed that much bad legislation resulte.l froai trusting too much to committees. lie rarely failed, to question such reports, and never voted unless he thoroughly understood the subject. lie thought tin's whole machinery was a means of " transferring the legislation of the coun try from those into whose hands the Constitution

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liad placed it to irresponsible parties." lie said it was n, common newspaper idea, that Congress was wasting time in debating details. His opinion. was that nine-tenths of the time the best thing to be clone in public legislation was to do nothing. He thought Congress was breaking down the government by its ow~n weight in " pensioning all the vagrants brought here. ^Yll that a man has to do is to make aJtidavit and get a pension."
In 1859 he refused to vote to appropriate ij500,000 for the improvement of Buffalo harbor, because he held he had no right to spend the money of the whole Union for a particular lo cality; for this reason lie, voted to abolish the mint at Dahlonega, in his own State.
Mr. Toombs opposed the policy of buying the outstanding debt at: a premium. He criticised Senator Simon Cameron for .asking that the gov ernment give employment to 50,000 laborers out of work. ITe said, " Sir, government cannot do it and never did do it. There never was a govern ment in the world which did not ruin the people they attempted to benefit by such a course. Gov ernments do not regulate wages."
Senator Toombs contended that the Postal De partment stood on a different footing from the army and navy. Postal service, he thought, was no part of the national duty. " It is of no more importance to the people of the United States

198

SOBSRT TOOMSS.

that this government should carry my letters than that it should carry my cotton." He claimed that lie had some old-fashioned ideas, but they were innate. " I do not thiult it right, before God, for me to make another man pay my expenses."
Iii discussing the financial report, he said, " You have as much time to appropriate money intelli gently as you have to give it lavishly. While there is a general cry for retrenchment, wlien any practical movement is made, the answer always is that this is not the right time or the light place. I am afraid we shall never find the right time, or the right place, until the popular revolution hecomes strong enough to send here men who will do the public business better than we have done it."

CHAPTER XVIII.
ELECTION OF 37INCO LI?.
IN the election of November, 1800, Mr. Lincoln received 1,857,610 votes, and the combined opposi tion 2,787,780 votes, the successful candidate being' in a minority of nearly a million votes. The new House of Representatives was Democratic, and the Senate liad not been won over to the antislavery party. But the trend of Northern politics was unmistakably toward the extinction of slavery. As Mr. Lincoln said in his letter to ]\lr. Stephens : " You think slavery is right anil' ought to be ex tended, \vliile we think it is wrong and ouglit to be restricted. There, I suppose, is the" rub." Mr. Bucnauaii's message to Congress was full of con servative counsel, but the Northern pressure was too strong. His Cabinet was soon dissolved, and the places of Southern men were taken by Northern representatives, whose influence was not assuring to Southern people.
Just before his departure for Congress Mr. Toombs, in response to an invitation, wrote a con servative letter to his constituents in Daiiburg, Wilkes County, Ga. It bore elate of December
199

300

ItOIiSBT TOOXBS.

13, 1860. The General Assembly of Georgia had unanimously passed a resolution calling for a. State convention to meet on January 16, 1861. Mr. Toombs took the ground that separation, sooner or later, was inevitable. The, time when the remedy was to be applied was the point of difference. He opposed delay longer than March 47 but declared that ho would certain]}' yield that point "to earliest and honcwl men \vlio are \vitli me in prin ciple hut are more liopei'ul of redress from the aggressors than I am. To go beyond March 4, we should require such preliminary measures to be taken as would, with reasonable certainty, lead to adequate redress, and in the meantime, we should take care i hat the delay gives no advan tage to the adversary." Mr. Toombs declared that he believed the policy of Mr. Lincoln was to ultimately abolish slavery m the States, by driv ing slavery out of the Territories, by abrogating fugitive-slave laws, and by protecting those who stole slaves and incited insurrections. The only way to remedy these evils, in the Union, was by such constitutional amendments as can be neither resisted nor evaded. " If the TKepublicnn party votes for the amendments, we may postpone final action. This will be putting planks where they are good for something. A cartload of new planks in. the party platform will not redress one wrong nor protect one right."

EL'KCTIOy OF LIXCOLX.

20]

As strong and unmistakable as this letter seemed, die great body of the people of Georgia did not think it sufficiently aggressive. Secession now amounted.. _ta_a_hii-ar. Ik was not tlje work of leaders, hut the spirit which pervaded the ranks of the people, who clamored because events did not move, fast enough. The "minute-men" de clared Mr. Toombs' letter was a backdown. They c.alled him a traitor, and wanted to vote him a tin sword.
Congress, upon reassembling, devoted itself to measures of compromise. The situation was one of. the deepest gravity. In the House a committee of thirty-three; was raised, and in the Senates a com mittee of thirteen, to look into the situation. But there was no Hear}- (Hay to interpose, with tact and broad statesmanship, at the'supreme moment.
Twice before in our history, the "Great Pacifi cator" had. proven equal to ax 1 espera,te emergency. Adjusting the tariff in 1832 when South Carolina threatened nullification, he had kept the peace be tween Calhouu and Jackson. Proposing his om nibus bill in 1850, he had silenced all" calls for disunion by the territorial concession. Equally lacking was the example of Webster to face the prejudices of the jNorth and calm the apprehen sions of the South. Perhaps it was because these men had postponed the conflict then that it reap peared now with irrepressible power.

The House Committee reported propositions to amend the Fugitive-slave laws, and accepted Mr. Toombs' demand that a law should be enacted by which nil offenses against slave property, by per sons fleeing to other States, should be tried where the ofxense was committed.
Mr. Toombs was a member of the committee of thirteen in the Senate. The, live Southern mem bers submitted the Crittenden Compromise, de manding six amendments to the Constitution. These recognized slavery south of the old Missouri line, prohibited interference by Congress with slavery in the District of Columbia, or with trans portation of slaves from one State to another, and provided for the payment for fugitive slaves in cases where the marshal was prevented from ' arresting said fugitive. The sixth amendment guaranteed the permanence of these provisions.
The House adopted the report ot the committee of thirty-three. In the Senate a resolution was adopted declaring that the provisions of the Con stitution wore already ample for the preservation of the Union ; that, it needed to be obeyed rather than amended. This, upon a test vote of twentyfive to twenty-three, was substituted for the Critteiiden Compromise. Mr. Toombs and five other Democratic members refused to vote, as they .ap propriately declared that no measure could be of value to the South, unless it had the support of

ELECTION Of LINCOLN.

203

Republican senators from the Xortli. They sat still aad waited to see whether those senators of fered any guarantees. The twenty-live votes showed that the Republicans were not in a con ciliatory mood. This, in the opinion of Senator Toomhs, was conclusive that the best interests of the South lay in immediate separation.
Once convinced that this was the proper course, Senator Toombs bent all his powers to bring abcrat that result. He saw tli.it if the Southern States must secede, the quicker they did so the better. If the North cared to recall them, a vigorous policy would react more promptly npou the Ivepublicaus. He did not go into this movement with foreboding or half-heartedncss. There was no mawkish sentiment--no melancholy in his make up. His convictions mastered him, and his energy moved him to redoubled effort. On the 22d of December he sent his famous telegram to his "fellow-citizens of Georgia." Ho recited that his resolutions had been treated with derision and contempt by the Republican members of the committee of thirteen. The amendments proposed by Mr. Crittenden had "each and all of them been voted against unanimously by the Republican members of the committee." These members had also declared that they had no guarantees to offer. He believed that the House Committee only sought to amnse the South with delusive hope, "until

your election, in order that you may defeat the friends of secession. If yon are deceived by them it shall not be my faid t. Inure put- tlio teat fairly and franldy. It lias been deckled against yon, mid now I tell you upon the faith of a true man, that all further looking to the Xortk for security for your constitutional rights in the "Union, ought to be instantly abandoned. It is fraught with nothing but menace to yourselves and your party. Secession by the 4th of March next'should >>e thundered forth from the ballot-box by the united, voice of Georgia. Such a voice \vill be your best guaranty for liberty, security, tranquillity, and glory."

CHAPTER XIX.
FA KBWELL TO THE SEXATK.
Ox tlie Ttli of January, 18(>1, Hubert Toombs delivered Ids farewell speech to the United States Senate. It received profound attention. It was full of brief sentences and bristling points. In epigrammatic power, it was the strongest summary of the demands of the Soutli. As Mr. Blaine said, it was tlie only speech made by a congressman from tlie seceding States which specified tLe grievances of the South and which jiamed tlie conditions upon which the States would stay in the Union. Other Senators regarded secession as a fixed fact. Mr. Toombs declared what, in his opinion, would prevent it. .And yet, as he stood at his desk, where for seven years he had been a recognized leader, his earnestness and deliberation revealed a man whose hand did not hesitate to lead a revolt and whose heart did not fall in the face of a certain revolution. He acted, lip to his own words, repeated a short while later: " He who dallies is a dastard ; he who doubts is'damned."
This speech was bold, succinct, definite. " Seiratoivs,1 ' said ]Mr. Toombs, "my countrymen have

308

ROBERT TOOMBS.

demanded no new government. They Lave de manded no now Constitution. The discontented States have demanded nothing but clear, distinct, constitutional rights, rights older than the Consti tution. T^hat do those rebels demand? ITirst, that the people of the United States shall have mi equal right to emigrate and settle in the Terri tories \vith whatever property (including slaves) they may possess. Second, that property in slaves shall be entitled to the same protection from the government as any other property (leaving the State the right to prohibit, protect, or abolish slavery within its limits). Third, "that persons committing crimes against slave property in one State and flying to another shall be given up. Fourth, that fugitive slaves shall be surrendered. Fifth, that Congress shall pass laws for the pun ishment of all pei-sons who shall aid and abet inva sion and insurrection in any other State."
He said : " AVe demand these live propositions. Are they not right ? Are thuy not just? We will pause and consider them; but, marlv me, we will not lot you decide the questions for us. I have little care to dispute remedies with you unless you propose to redress our wrongs.
" But no matter what may be our grievances, the honorable senator from Kentucky (All'. Critteuden) say a we cannot secede. Well, what can we do ? TVe cannot revolutionize. He will say

FAKEW-KLL TO THE SK^ATK.

20?

that is treason. What can we do? Submit? They say they are the strongest and they will liang us. Vxa-y well ! I suppose \ve are to be thankful for that boon. We will take that risk. We will stand by the right; we will take the Constitution ; we will defend it with the sword, with the halter around our neeks. AVill that satisfy the honorable senator from Kentucky? You cannot intimidate my constituents by talking to them of treason.
" You will not regard confederate obligations ; you will not regard constitutional obligations; you will not .regard your oaths. "What, then, am I to do? Am 1 a freeman? Is my State a free State ? We are freemen ; we have rights ; I have stated them. AVe have wrongs; I have re counted them. I have demonstrated that the party now corning into power has declared us outlaws, and is determined to exclude thousands of millions of our property from the common territory ; that it has declared us under the ban of the Union, and out of the protection of the laws of the United States everywhere. They have refused to protect us from invasion and insurrection by the Federal power, and the Constitution denies to us, in the Union, the right to raise fleets and armies for our ow7n defense. All these charges I have provejl by the record; and I put them before the civilized world and demand the judgment of to-day, of to-

308

KOBHXT TOO31BS.

morr-ow, of distant ages, and of Heaven itself upon

the justice of tliese causes. I am content, what

ever it be, to peril all in so holy a cause. TVre

have appealed, time and again, for these constitu

tional rights. You have refused them. We ap

peal again. Restore us those rights as vre had

them; as your Court adjudges them to be; just as

our people have said they are. liedress these fla

grant wrongs--seen of all men--and it will restore

fraternity, and unity, and peace to us all. .Refuse

them, and what then 3 "We shall then ask you,

'Let us depart in peace.' liefuse that, and you

present us Avar. ^Ve accept it, and, inscribing

upon our banners the glorious words, ' T\iberty and

Equality/ we will trust to the blood of the brave

and the God of battles for security and tran

quillity."



This speech created wide attention. It closed

the career of Robert Toombs as a member of the

national councils. For sixteen years he had

served in the two Houses in Washington, holding

his rank among the iirst men in the country.

Ho was then fifty-one years old, full of strength

and confidence. His leadership among Southern

men was undisputed; his participation in public

business had been long and honorable; upon mat

ters of home and foreign policy his word had been

law in tlie Senate ; his influence had been prepon

derating.

CHAPTER XX.
TOOMBS AND S^C'KSSIOK".
Ox kite IGtli of January, the State Sovereignty convention met in Milledgevilie, Ga. The elec tion had taken place shortly after the delivery of Senator Toombs' farewell address, and Georgia had answered to his call in the election of delegates by giving a vote of 50,243 in favor of secession, and 39,123 against it. The convention was presided over by George W. Orawford, who had lived in retirement since the death of President Taylor in 1850, and wlio was called on to lend his prestige and inflr,3iice in favor of the rights of his State. The convention went into secret session, and when the doors were opened, Hon. Eugenius A. Nisbet of Tiibb offered a resolution, " That in the opinion of this convention, it is the right and duty of Georgia to secede from the Union.1' On the passage of this, the yeas were 165 and the noes 130. Mr. Toombs voted "yes," and Messrs. Hill, Johnson, and Stephens, "no." Next day the com mittee of seventeen, through Judge Nisbet, re ported the Ordinance of Secession, it was short and pointed ; it simply declared that the people of the

310

ItOBlSRT TOOXBS.

State of Georgia, ill convention assembled, repealed the ordinance of 1788, whereby the Constitution of the United States was ratified and adopted. The Union was declared dissolved, so far as tlio State of Georgia was concerned, and the Slate to be in full possession of all those Tights of sover eignty tliat belonged to a free and- independent State. On the passage of this ordinance, the yeas were 208, and. tlie noes, 89. jMessrs. Toombs and Hill " yes," and Mr. Stephens " no." At 2.15 v. M. on tlie 19tli of January, a signal gun was fired, and the "Stars and Stripes" lowered from tlie State Capitol. One moment later, the white colonial flag- of Georgia fluttered to the -winds, and the State was in uproar. Tlie news flashed to the utmost corners of the common wealth. Griins were fired, bells rung, and men were beside themselves. The night only intensified this cm-nival of joy. There were some men who shook their heads and doubted the wisdom -of this step, and there were women and little children who regarded these dem onstrations with awe. They did not comprehend what was meant by " going out of the Union," and by some inscrutable instinct feared tlie result of such an act. The old Union sentiment was, perhaps, stronger in Georgia than in any other Southern State. Georgia was the youngest of the thirteen States, tlie last of the commonwealth to come into the national compact. Her charter from the Crown

TOOJfBS ANT) SKOK8STON.

211

hod originally barred slavery from her limits, but the success of the institution in Carolina, the prog ress of other States in subduing Jaiul and in cul tivating indigo and tobacco in the Southern sa vannas, rendered white labor unavailable, and loft Georgia a laggard in the work of the younger colonies. Finally, slaves were admitted, and com merce and agriculture seemed to thrive. But if the State had preserved its original charter restric tions, it is not certain that, even then, the Union sentiment would have prevailed. As Senator Toombs had declared: u The question of slavery moves not the people of (Georgia one-half so much .as the fact that you insult their rights as a com munity. Abolitionists are right when they Bay that there are thousands and tens of thousands of people in Georgia who do not own slaves. A very large portion of the people of Georgia own none of them. In the mountains there are but a .few of them; but no part of our people is more loyal to race and country than our bold and hardy moun tain population, and every flash of the electric wire brings me cheering news from our moun tain-tops and our valleys that these sons of Georgia are excelled by none of their countrymen in loyalty to their lights, the honor and glory of the com monwealth. They say, and well say, this is our question : we want no negro equality; no negro citizenship; we waut no mongrel race to degrade

213

ROBERT TOOKSS.

our own, and, as one man, they would meet you upon the border -with the sword in one hand and the torch in the other. They will tell you, ' "When we choose to abolish this thing (slavery), it must be done under our direction, according to our will. Our own, our native Jaiid shall determine this question, aud not the Abolitionists of the North.' That is the spirit of our freemen.' 1
The spirit of the people was plainly manifested by the zeal and ardor of Thomas K. K. Cobb. He was a young man who went into the secession movement with lofty enthusiasm. He had all the ardor and religious fervor of u crusader. He had never held public office, and had taken, no hand in politics until the time came for Georgia to secede. He was the younger brother of How ell Cobb. He declared that what Mr. Stephens said was the de termining sentiment of the hour, that "Georgia could make better terms out of the Union than in it." The greater part of the people was fired with this fervor, which they felt to be patriotic. Graybearded men vied with the hot blood of youth, and a venerable citizen of .Augusta, illuminating his residence from dome to cellar, blazoned with caudles this device upon, his gateway--" Georgia, right or 'wrong--Georgia ! " ISTever was a movemerit so general, so spontaneous. Those who charged the leaders of that day with precipitating their States into revolution upon a wild dream of

TO03IRS AND SECESSION.

213

power, did not know the spirit and the temper of tlie people who composed that movement. Northern men who hud moved South and engaged ill business, as a general thing; stood shoulder to shoulder with their Southern brethren, and went 0116 with the companies that first responded to the cull to war. The South sacrificed much, in a material point of view, in going into civil conflict. Inthe decade between 1850 and 1860, the wealth of the South had increased three billions of dollars, and Georgia alone had shown a growth measured by two hundred millions. Her aggregate wealth, at the time she passed the Ordinance of Secession was six hundred and seventy-two millions, double what it is to-day. Tn one year her increase was sixty-two millions. Business of all kinds was pros pering. But her people did not count the cost when they considered that their rights were invaded. Georgia was tho nfth State to secede. South Carolina, Alississippi, Alabama, and Florida had preceded her. Of the si% States which formed the Provisional Government, Georgia had relatively a smaller number of slaves than any, and her State debt was only a little more than two and a half millions of dollars. Her voting population was barely 100,000, but she furnished, when the test came, 120,000 soldiers to the Confederate army.
As a contemporary print of those times re marked, " The Secession convention of Georgia

214

ROBERT TOOMBS.

was not divided, upon the subject of rights or wrongs, but of remedies." Senator Toombs de clared that the convention had sovereign powers, "limited only by (rod arid the right." This policy opened the way to changing the great seal and adopting a new flag. Mr. Toombs was made chairman of the committee on Foreign Relations and became at once Prime Minister of the young Republic. He offered a resolution providing1 that a congress of seceded States be called to meet in Montgomery on the 4th of February. He ad monished the convention that, as it had destroyed one government, it was its pressing duty to build up another. It was at his request that commis sioners were appointed from Georgia to the other States in the South. Mr. Toombs also introduced a resolution, which was unanimously adopted, " That the Convention, highly approves the ener getic and patriotic conduct of Governor Brown in seizing Fort Pulaski."
The Ordinance of Secession was, on the 31st of January, signed by all the members of the conven tion, in the open air, iu the Capitol grounds. The scene was solemn and impressive. Six delegates entered their protests, but pledged " their lives, their fortunes, and their sacred honor " in defense of Georgia against coercion, arid invasion.
When the time came for the election of dele gates to the Provisional Congress at Montgomery,

TOOMBS AND SXOBSSIOff.

215

Robert Toombs was unanimously selected as the

first deputy from tlie State at large. His col

league, He/well Oobb, was chosen on the third

ballot. The district selected Francis S. Bartow,

Martiu J. Craw-ford, 'K. A. Nisbet, B. TI. Hill,

A. R. Wright, Thomas R. R. Cobb, A. H. Kennat),

and A. 31. Stephens.

.,-

Tlie address to the people of Georgia adopted

by this convention, was written by Mr. Toombs.

It recited that " our people are still attached to

the Union from habit, national tradition, and

aversion to change." The address alluded to our

"Northern Confederates" and declared that the

issue had been " deliberately forced by the North

and deliberate!}- accepted by the South. We re

fuse to submit to the verdict of the North, and

in vindication we offer the Constitution of our

country. The people of Georgia have always been

willing to stand by this compact; but they know

the value of parchment rights in treacherous

hands." The report charged that the North had

outlawed three thousand millions of onr property,

put it under a ban, and would subject us, not only

to a loss of onr property, but to destruction of our

homes and firesides. It concludes : " To avoid

these evils, we withdraw the powers that our

fathers delegated to the government of the United

States, and henceforth seek new safeguards for our

liberty, security, and tranquillity."

318

ROBERT TOOMBS.

On the 4th of February, 1861, forty-two dele gates met at Montgomery, Ala. The States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South Carolina, were represented. Ho well Cobb of Georgia was chosen President of the Provisional Congress. Mi'. Stephens said it was the most intellectual body of men he had over Been. One of the first duties of this convention was to elect a President and vice president of the new Confederacy. All eyes were turned to Robert Toombs. It was by common consent agreed that Georgia, owing to her commanding position, her prominence in the movement, and her wealth of great men, should furnish the Presi dent. Toombs towered even above the members of that convention. J3old, imperious, and brainy, he had guided the revolution without haste or heat, and his conservative course in the Georgia convention had silenced those critics who had called him "the genius of the revolution," but denied to him the constructive power to build upon the ruins he had made. lie had, in the choice of delegates to the Provisional Congress, boldly advocated the election of Mr. Stephens from his own district, although the latter was a Union man and, at that time, was not on good terms with Toombs. Toombs declared that Alexander Stephens was a patriot notwithstanding his views against secession. He had secured the recommit-

TOOMBS AND SKCESSIOlf.

217

ment of a dangerous resolution upon slavery which, lie declared, would injure tlie South by tlie an nouncement of an ultra policy. He had written a very conservative letter to Senator Crittenden. He liatl been a, prominent Secessionist, and had contemplated tlie movement as unavoidable when men were talking with bated breath. .Biit in the opening' of the revolution, he had proven a safe counselor. Mr. Toombs was approached, and an nounced that he would accept the presidency if it were offered with unanimity. He was surprised to learn that the delegates from four States had agreed ou .Teiferson Dnvis. AVlien this report was confirmed, Mr. Toombs, ignorant of the real cause of this sudden change of sentiment, forbade further canvass of his own claims, and cordially seconded the nomination of Mr. Davis. Mr. Toombs Avas a. man of rare magnanimity. He was absolutely without envy or resentment, and turning to Mr. Stephens, pressed him to accept second place on the ticket. The announcement of a Georgian for vice president effectually disposed, of his own chance for the presidency. The fact was that Mr. Toombs was the first choice of Georgia, as he was thought to be of Florida, Carolina, and Louisiana. Jefferson Davis had not been presented by Missis sippi. He had been selected by that State as the commander-in-chief of the military forces and him self preferred, a military station. He was not in

SIS

ROBERT TOOVJ38.

Montgomery \\lien his nomination was confirmed. A_ messenger had to be dispatched to inform him of his election as President of the Confederate States of America.
The sudden selection of Mr. Davis by four States probably carries a bit of secret history. Old party antagonisms arose at the last moment to confront the candidacy of Mr. Tooinba. Toombs hud summarily left the "VVnig party in 1850, to join the great Constitutional Union movement. Jefferson Davis had always been a States' Kights Democrat, and had been defeated for Governor of Mississippi by the Constitutional Union party. Thus it would seem that, at the eleventh hour, party lines were drawn against Kobert Toombs, and his boast that he had. saved the Union in 1850 probably cost him the presidency of the new republic. There was a story, credited in some quarters, that Mr. Toombs' convivial conduct at a dinner party in Montgomery estranged from him some of the more conservative delegate?, who did not realise that a man like Toombs ha.d versatile and reserved powers, and that Toombs at the ban quet board was another sort of a man from Toombs in a deliberative body.
At oil events, the recognized leader of the Con federacy was set aside, a.nd with rare unanimity the election of officers was accepted with unselfish patriotism.

Tooirns ANT> SECESSION.

219

At that time a curious and remarkable incident in the life of ]Mr. Toombs was related. AVithin thirty days lie had performed journeys to the ex tent of lit'tecii hundred miles, largely by private conveyance, and during that brief period he served under four distinct governments: as senator in tlie Congress of the t/nited States, as delegate from his native county (Wilkes) to the convention of the sovereign republic of Georgia, as deputy from his State to the Congress of seceding States, which instituted a Provisional Governmeiit, and finally in the permanent government which, he aided in framing for the Confederate States of America.
In the perfection of & permanent government and the new-molding of a Constitution, Mr. Toombs was now diligently engaged. The principal changes brought about by him may be brieflyrecalled. It was specified, in order to cut off lobby agents, that Congress should grant no extra compensation to any contractor after the service was rendered. This item originated with Mr. Toombs, who had not (id the abuses ir. the Federal Government. Congress was authorized to grant to the principal officer of each of the executive departments a. seat upon the floor of either house, without a vote, but with the privilege of dis cussing any measure relating to his department. This wras an old idea of Mr. Toombs,' and during

330

ROBERT TOOM13U.

his visit abroad, Tie had attended sessions of the Brit ish Parliament in company with Mr. Buchamm, then Minister to Kngland. Ho had been impressed with the value of the presence in Parliament of the Ministers themselves. During a debate in the United States Senate in 1859, Mr. Toombs had said : " My own opinion is that it would be a great improvement on onr system if the Cabinet officers should be on the floor of both Houses, and should participate in the debate ; I have no doubt that no should thus get rid of one of the greatest difficulties in onr Constitution."
Mr. Toombs also incorporated into the organic law a prohibition of the payment of bounties and of the internal improvement system. There was a tax upon navigation for harbors, buoys, and bea cons, but this was adjusted upon the Toombs principle of taxing the interest for which the burden was levied. Mr. Toombs was made chair man of the Finance Committee of the Provisional Congress. This appointment was received with general satisfaction. His long- legislative expe- ' rieuce, his genius for finance, and his executive power, fitted him for this position. To provide ways and means for the new nation wdiich was, as yet, without resources or a system of taxation, in volved no little difficulty. It was important that the young Confederacy should exhibit resources sufficient to equip her armies and maintain herself

TOOMBS AND SECESSION.

231

before she could sue for independence or foreign recognition. Ik was for these admitted qualities of Mr. Toombs for details and management, tliut President Davis preferred him to take tlio position of Secretary of the Treasury. Next to the pi-esideiicy this was his real place, but it was suggested t]iat a man like Toombs deserved the first position in the new Cabinet. A telegram from President Davis, offering him the portfolio of Secretary of State, reached Mr. Toonibs in Augusta, lie at first declined, but being urged by Mr. Stephens, finally consented to serve. The Cabinet was then made np as follows. Robert Toombs of Georgia, Secretary of State ; C. Gr. Memminger of South Carolina, Secretary of the Treasury ; L. P. "Walker of Alabama, Secretary of War; J. II. Reagan of Texas, Postmaster-General; J. P. Benjamin of Louisiana, Attorney-General; S. B. Mallory of Florida, Secretary of the Navy.

CHAPTER
TOOl! US AS PIUmiER OF TILE CONFEDERACY.
of the first acts of the new Confederate Government was to send tlirce commissioners to Washington. John Forsyth of Alabama, Martin J. Crawford of Georgia, ami A. B. Roman of Loui siana, were intrusted by the Secretary of State, Mr. Toombs, with a speedy adjustment of ques tions growing out of the political revolution, upon such terms of amity and good will as would guarantee the future welfare of the two sections. Mr. Toombs instructed Mr. Cra\vford, whom he had especially persuaded to take this delicate mission, that he should pertinaciously demand the evacuation of Fort Sumtcr and the maintenance of the status elsewhere.
Secretary Seward declined to receive the com missioners in any diplomatic capacity, or even to see them personally. He acknowledged the re ceipt of their communication and caused the com missioners to be notified, pointedly, that he hoped they would not press him to reply at that time. Mr. Seward was represented as strongly disposed in favor of peace, and the Confederate Government
233

PKEM1KK OH' THE COSFKnERACY.

333

was semi-oilicially informed tliat Kort Sumter would probably be evacuated in ;.i short time, and all immediate danger of conflict avoided. There is no doubt, tliat such were Mr. Seward's intentions. lie had cordially agreed with Gen eral "Wiiifield Scott tliat tlie possession of Fort Saniter amounted to little in a strategical way, and tliat the peace-loving people, Xorth and South, should not be driven into the war party by pre mature shock over the provisioning of a fort that no Federal force could have held for a week. Mr. Lincoln's Cabinet took this position and, by a vote of five to two, favored the abandonment of Sum ter. The commissioners were apprised of this feeling, and in a dispatch to Secretary Toombs, on the 20th of March, declared tliat there was no change in the status. " If there is any faith in mail," they wrote, " we may i'rfjT on the assur ances we have as to the status. Time is essential to the principal issue of this mission. In the present posture of affairs, precipitation is war."
On the 26th of March the commissioners, hav ing heard nothing more, asked the Confederate Secretary whether they should delay longer or demand an answer at once. Secretary Toombs wired them to wait a reasonable time and their ask for instructions. lie g?ive them the vie\vs of President Davis, who believed that the counsels of Mr. Seward would prevail in Washington.

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12OBKHT TOOMBS.

So long as the United States neither declares Avar nor establishes peace, it affords the Confeder ate States the advantage of Tboth positions, and en ables tlieni to make all necessary arrangements for public defense and the solidification of government more safely, cheaply, anil expeditioiisly than if the attitude of the United States was more, definite and decided."
Meanwhile new pressure \vas brought to bear on President Lincoln. On the 2d of April, the commissioners, who kept up pretty well with the situation, telegraphed Secretary Toombs: "The war party presses on the President ; he vibrates to that side." The rumor was given that the Presi dent had conferred with an engineer in regard to Fort Slimier. " Watch at all points." Three days later they telegraphed that the movement of troops and the preparation of vessels of war were con tinued with great activity. "The statement that the armament is intended for San jDorningo," they said, "may be a more ruse." "Have no confidence in this administration. \Vo say, be ever on your guard. .... G-lad to hear you are ready. The notice promised us may come at the last moment, if the, fleet be intended for our waters."
On the 6th of April Grovernor Pickens of Sonth Carolina was informed that the President had de cided to supply Port Sumter with provisions, and on the 10th, Hon. Levi P. Walker, Secretary of

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AVar at Montgomery, notified Greneral Beauregard, then in command of the Confederate forces at Charleston, to demand tlie evacuation of Fort Sumter, and, if refused, to proceed to rednce it.
There is no doubt that the Lincoln Cabinet re versed its position about Sumter. The pressure of ]S'ew England and. the West became too strong. AVhat Sumtcr lacked ill military importance, it inad.e up in political significance. The Lincoln Government had already been taunted with weak ness by the people who had placed it in office. Mr. Lincoln decided, against the better judgment of Mr. Seward, to make the issue in Charleston Harbor.
Seward's mind was of finer and more reflective cast than Mr. Lincoln's. He had all the points of n diplomatist, ingenuity, subtlety, a,droitness. He was temporizing over the natural antipathy of the North to war and the probable transient nature of the secession feeling in the South. At that very moment he was assuring England and France that "the conservative element in the South, which was kept under the surface by the violent pressure of secession, \vill emerge -with irresistible force." He believed "that the evils and hardships produced by secession would become intolerably grievous to the Southern States."
Mi1. Lincoln was not temporizing at all. He was looking the crisis in the face. What he wanted

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woe support at the North, not at the South. He was willing to force the fighting at Su.rn.ter, know ing that the mere act of the Confederates in filing upon the flag would bring to his aid a united North.
Secretary Toombs was cue man in the Mont gomery Cabinet -who was not deceived by Seward's sophistries. He knew the temper of Mr. Lincoln better than Mr. Seward did. He appreciated the feeling at the North, arid gave his counsel in the Davis Cabinet against the immediate assault upon Sumter. There was a secret session of the Cabinet in Montgomery. Toombs was pacing the floor during the discussion over Sumter, his hands be hind him, and his face wearing that heavy, dreamy look when in repose. Facing about, he turned upon the President and opposed the attack. " Mr. President," he said, " at this time, it is suicide, mur der, and will lose us every friend at the North. You will wantonly strike a hornet's nest which extends from mountains to ocean, and legions, now quiet, will swarm out and sting us to death. It is unnecessary : it puts us in the wrong ; it is fatal." He clung to the idea expressed in his dispatches to the commissioners, that "So long as the United States neither declares war nor establishes peace, the Confederate States have the advantage of both conditions." But just as President Lincoln over ruled Secretary Seward, so President Davis over ruled Secretary Toombs.

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jSTo event in American history was more portent ous than the first gun fired from Fort Johnson at 1.30 o'clock in the morning,of April 12, 1801. As the shell wound its graceful curve into the air and fell into the water at the base of Snmter, the Civil \Var was an accomplished fact. Major Andersoii replied with his barbette guns from the fort. He had but little more than 100 men, and early hi the engagement was forced to rely entirely upon his casemate ordinance. The Confederate forces num bered about lire thousand, with thirty guns and seventeen mortal's, and served their guns from the batteries on Mount Pleasant, Cnmmings Point, and the floating battery. Fort Sumter was built on an artificial island at the mouth of Charleston Har bor, and was about three and a half miles from the city. It had cost the government one million dol lars, and had not been entirely completed at the time of the bombardment.
The excitement in Charleston at the opening gun was very great. People rushed from their beds to the water-front, and men and women watched the great duel through their glasses. The South had gone into the war with all the fervor of conviction. The gunners in Moultrie and on Morris Island would leap to the ramparts and watch the effect of their shots, and jump back to their guns with a cheer. There was all the pomp and sound, but few of the terrors of

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war. On the morning of the second day the quarters in tlie fort caught nre and the whole place "was wrapped in flames and smolve, but Major Andersoii's men won the admiration of their enemies by standing by their guns and returning the fife at regular intervals. The battle lasted, thirty-two hours; more than fifty tons of cannonballs and eight tons of powder were expended from weapons the most destructive then known to warfare; not a life was lost on either side. Sumter and Moultrie were both badly damaged. Major Anderson surrendered on Saturday, April IS/
The London Times treated this remarkable event in humorous style. The proceedings at Charleston were likened to a cricket match or a regatta in England. The ladies turned out to view the contest. A good shot from Fort Sumter was as much applauded as a good shot from Fort Moultrie, When the American Bag was shot away, General Beauregard sent Major Anderson another to figlit under. When the fort was found to be on fire, the polite enemy, who had with such intense energy labored to excite the confla gration, offered equally energetic assistance to put it out. The only indignation felt throughout the affair was at the conduct of the Northern flotilla, which kept outside and took no part in the fray. The Southerners resented this as an

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act of treachery toward their favorite enemy, Major Anderson. "Altogether," says the Times, " nothing can be more free from the furious hatreds, which are distinctive of civil warfare, than this bloodless conflict has been." Another London paper remarked " IVo one was hurt. And so ended the first, and, we trust, the last engage ment of the American Civil T\rar."
Mr. Toombs' prediction, that the attack upon Fort Sunrter would " open a hornet's nest" in the North, was sustained. The effect of the assault at that time and the lowering of the national nag to the forces of the Confederacy acted, as Mr. Blame has stated, "as an inspiration, consolidating public sentiment, dissipating all differences." In fact it brought matters to a crisis all around, and prepared the two sections for the great drama of the TVar.
An important part of the work of Secretary Toombs was the selection of a commission to pro ceed to Europe and present the Confederate posi tion to England and France, in order to secure recognition of the new nation. Mr. AVilliam L. Yancey was placed at the head of this commission, and with him were associated Mr. A. D. Mason of Virginia, and Mr. A. P. Eost of Louisiana. The first month of the term of the Confederate Secre tary of State was occupied in the issue of letters of marque. On the 19th of April President Lin coln proclaimed a blockade of Southern ports, and

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declared that privateers with letters of marque from the Southern Confederacy should be treated as pirates. This gave Secretary Toonibs a sti'ong point in dealing with foreign powers. The new government had been organized with promptness and ability. Great energy was shown in getting the civil and military branches equipped. The Southern position had been presented with great strength abroad, and Franco and England were not slow in framing proclamations recognizing the Confederate States as belligerents. Next to im mediate recognition as a separate nationality, this step was significant, and was the first triumph of the diplomacy of Secretary Toombs over Secre tary Seward. Then came the demand from the foreign powers that the blockade must be effectual, imposing a heavy burden upon the Northern States. Lord Lyons, acting in Washington in conceit with the French Government, declared that " Her Majesty's Government would consider a decree closing the ports of the South, actually in possession of the Confederate States, as nidi and void, arid they would not submit to measures on the high seas pursuant to such a decree." Mr Seward bitterly complained that Great ^Britain " did not sj'inpathize with this government." The British Minister accordingly charged the British Consul at Charleston with the task of obtaining from the Coid'ederate Government securities concerning the

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proper treatment of neutrals. He asked tlie ac cession of the Lincoln government and of the Da-vis government to the Declaration of Paris of "1856, which had adopted as articles of maritime law that privateering be abolished; that the neu tral flag covers enemy's goods, with the exception of contraband of war that nentral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag ; that a blockade, in order to be binding, must be effectual, that is, must be maintained by a force sufficient to prevent access to the coast of the enemy. These condiditions, except the first, were accepted by the Confed erate Government.
The Southern Confederacy thrts became parties, as Mi'. Klaine says, to " an international compact " ; and when, a few months later, Air. Sevrard offered to waive the point made by Secretary Marcy many years before, and accept the four articles of the Paris convention, he found himself blocked, be cause the Confederate States had not accepted the first article, abolishing privateering, and her pri vateers must, therefore, be recognized. It was by these privateers that great damage was inflicted tipon American shipping.
The Confederate States had no regular navy, and but few vessels; they were an agricultural community, not a commercial or a snip-building people. Quite a number of vessels were put in

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commission under letters of marque, and these reached the high seas by running the blockade. Many prizes were taken and run into Southern ports. Later on steamers were fitted out and sent to sea under command of experienced officers. This naval militia, captured millions of the ene my's property, and produced a, great sensation at the J^orth. A Southern agent was sent abroad b\~ the naval department to get ships and supplies. "In three years' time," says Mr. Blaine, "fifteen millions of property had been destroyed by Southern privateers, given to the flames, or sunk beneath the waters. The shipping of the United States was reduced one-half, and the eommercial flag of the Union fluttered with terror in every wind that blew, from the whale fisheries of the Arctic to the Southern Cross."
On the 21st of May, the Confederate Congress, after providing for the disposition of these naval prizes, and the treatment of prisoners of war brought into Southern ports, adjourned, to meet, on the 20th of July in the City of Ivichruond, now selected as the permanent seat of Government of the Confederacy.
The powers of TOurope never recognized the. Confederate States as a separate nation. The leaders of the Knglish Government were, 110 doubt, inclined to this step, but the rank and file of the Liberal party, under the leadership of *Tohu

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Bright, refused to sanction such a course toward a government whose corner stone was slavery. Mr. Seward ingeniously pressed the point that Southern success meant a slave oligarchy around the Gulf of Mexico. Kussia remained the strong ally of the Northern States. England, with the Crimean AVar fresh upon her hands, hesitated before engaging Russia again or imperiling India in the Hast. France could not afford to take the step without the aid of England. Secretary Toombs dispatched a Minister to Mexico to look into the interesting tumult then going on. Lonis IVapoleon was filled with his desire of estab lishing Maximilian in Mexico, but his movement did not succeed. Maximilian was defeated and executed, and Napoleon found himself too much engaged with the House of JToheuzollern in Ger many to follow nay neu or original policy in America..
Carl vie declared with dyspeptic acrimony that the Civil \Var was the foulest chimney of the cen tury, and should lie allowed to bum out.
Secretary ToomUs had issued credentials to com missioners, to the unseceded Southern States. On the IVth. of April Virginia seceded; on the 28th of May Xorth Carolina, went out of the Union; thewe were followed IJY Tennessee and Arkansas. The border States of Kentucky and Missouri did not formally secede, but indignantly declined to

23*

SOSBKT TOOMBS.

furnish troops in response to Mr. Lincoln's procla mation. They appointed delegates to a 3?eace Congress to meet in Washington.
Tlie tedious routine of the State Department did not snit the restless spirit of JRobert Toombs. He had established relations abroad as belliger ents, and had placed the new government in touch with its Southern neighbors. His dispatolies were remarkable for brevity, clearness, and boldness ; his public papers are models of nervous style, but he longed for a more active field in the revolution. He chafed under red-tape and con vention. Toombs charged the new administration with too much caution and timidity. He declared that ninety per cent, of war "was business, and that the South must organize victory rather than trust entirely to h'ghtiug. He urged the government to send over cotton to England and buy arms and ships forthwith. " Joe l:>rown,v* he impatiently declared, "had more guns than the whole Con federacy. ISTo now government," said he, " ever started with such unlimited credit." Mr. Toombs believed that the financial part-of the Confeder acy was a failure. " TV^e could have whipped the fight," said he, in his impetuous way, "in the first sixty days. The contest was haphazard from the first, and nothing but miraculous valor kept it going." -Mr. Toombs said that had he been President of the Confederacy, he would have

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mortgaged every pound of cotton to France and England at a price that would have remunerated the planters, and in consideration of which be would have secured the aid of the armies and navies of both countries.
But Robert Toombs concluded that his place was in the field, not in the Cabinet. Too many promi nent men, he explained, were seeking bombproof positions. He received u commission as brigadier general, and on the 21st of! Jnly, 1861, joined Generals Beauresrard and Johuston at Manassas.

CHAPTER XXII.
BKIGjiDIER G-ESEBAL IS AKZMT OF NO ETHERS,' YITIGIXIA.
"WriEiv Robert Toombs resigned the Cabinet and took the field, lie still held tlie seat, as was his prerogative, in tlie Confederate Congress. This body, like the British Parliament, sat in chairs, without desks. One morning Congress was dis cussing the Produce Loan, I3y this measure, invitations were given for contributions of cotton and other crops in the way of a. loan. By the terms of the act those articles were to be, sold and tlie proceeds turned over to the Secretary of tlie Treasm'3r, who was to issue eight j>er cent, bonds for them. This was an extraordinary measure, and never really amounted to mucli. Colonel A. It. Lamar, at one time Secretary of tlie Provisional Congress, relates that during this debate General Toombs walked into the hall. " He-was faultlessly attired in a, black suit with a military cloak thrown over one. shoulder and a, military liat in his left hand. He made a rattling speech Against the measure. Drawing; himself up, he said: "Mr. Speaker, we have been told tliat Cotton is King, that he will find liis way to the vaults of the

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bunkers of the Old AVorld ; that he can march np to the thrones of mighty potentates, and drag from the arsenals of armed nations the dogs of war; that he can open onr (dosed ports, and fly onr young flag upon all the seas. And yet, before the iirst autumnal frost ha.s blighted a leaf ripon liis coronet, he comes to this hall a trembling mendicant, and says, ' Give TUB drink, Tjtinius, or I perish.'"' The efl'ect was magical; Colonel Lamar, in commenting upon this dramatic, incident, snrns up the whole character of Robert Toombs :
"lie was cautious n.nd safe in counsel, while wild and exasperafing in speech."
When Air. Toombs was ouce asked by an Eng lishman, w-here v/ere the files of the State Depart ment, lie ansTvered that "lie carried the archives in his hat." When he resigned the position of Secretary of State, Tlon. Kobert ]M. T. Hunter of: Virginia was appointed in his stead. General William M. Browne had J_>een Assistant Secretary nnder Mr. Toomljs. He was an Englishman, who came to this country during .Bnchanaii's administra tion find edited a Democratic paper in Washing ton. When General Toombs joined the Army his staff was made np is follows; D. ]Vi. Dubose, Ad jutant G-enera! ; H. *T. Aloses, Coirimissary Genei'al ; W. V. Alexander, Quartermaster Major; DeRosset Liamar, Aid-ole-camp.
General Toombs' entry into the field, just after

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the first buttle of Mariassas, found tlie army of tlie Confederacy flushed with victory, but badly scattered after the first serious engagement of the war. OjSeneral Johnstou had declared tliat even after the decisive advantage at Bull Run, pursuit was not to "be thought of, for his troops were almost as much disorganized by victory as the Federals by their defeat. Many soldiers, suppos ing tlie war was over, had actually gone home. " Our men, 7' said G-eneral Johnstoii, " had in a. larger degree the instincts of personal liberty than those of the North, and it was fouud very difficult to subordinate their personal wills to the needs of military discipline."
The battle of Manassas had a powerful effect upon the Northern mind. The I^ncoln Cabinet was seized with fear for the safety of Washington. New troops were summoned to that city, and the materials for a magnificent army were placed in tho hands of General McClellan, who liad suc ceeded MeDowell, the luckless victim of Manassas. More than one hundred thousand men were now massed in front of Washington, while Joseph !E. Johnston, with fifty-four thousand, advanced his outposts to Ceutroville, and at Munson's Hill Toombs' brigade was in sight of tlie national capital. His troops could easily watch the work men building one of the wings of the Capitol, and the victorious Confederates, with prestige in their

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ranks, were actually flaunting their flag in the face t"f jMr, .Lincoln. This movement, we are told by good generals, was of no military value, but it kept tlie ISortherii ad.ministration in a white lieat. Tt confuted the Union commanders by crossingtheir counsels witli popular clamor and political pressure, and it crippled jVlcClellan when, he finally moved down the Chesapeake to the peninsula, by detaining a large part of Ids force to pacify the authorities in "Washington.
When McCJellun and JVIr. Lincoln were dispTiting over their change of base, the military situa tion was suddenly shifted by" the evacuation of Manaasas by the Confederate army, aiul its retire ment first behind the Kappahannock, then along the Rapidan. Jolmstou, it seems, wanted to be nearer his base, and on the 8th of March skillfully managed his withdrawal, so that the enemy had uo idea of his movements. General Toombs7 brigade started in retreat from Centreville. He did not relish this movement, lie writes home from Culpepper :

This lias l>oeii a sad and. destructive business. TVre were ordered to send off all our heavy hag'g'age, Imt so badly did they man.ig-e tliat nono of it was sent "back, and every particle of that bao;g-age, blankets, and every imaginable useful article, was burned up to prevent its falling' into the hands of the enemy. My brigade must have lost half a million of property and all the rest n*ero in the same con dition. Millions of stores with guns and ainimiiiition. were

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destroyed. !N"i;ver was any business worse managed. Tlic enemy had no more idea of attacking us in Centrevillo than ihov had of attacking the Peaks of Olter. Of course, when \YG retreated, they sent marauding parties in our trail to watch our retreat and take possession of the conntry, and now the "whole oi' the beautiful Couutu-s of J.midon, Fauquier, Prince \ViIIiam, Fairfax, and the T_,ord only knows how many more, are in the possession of the enemy. It was a sad, distressing slight, all the "\vay alonsr, and one tliat I'vequently drew tears from my eyes. 1 do not know what it means, but I would ratlier luvvo fought ten battles tliati thus to have abandoned these poor, people. "\Ve have got to fig'ht somowherc 1, and if I luid my way ; I \s~oitld fight tlteni on the first inc;Ii of our soil they invaded, and never cease to flight tliem as lonq;- as 1 could rall'v men to defend their homes. The great body of the n.rmy is now in the neighborhood, and 1 suppose we, shall abandon these peopleand retreat back toward Hichinoiid. .... ^Ty command is in excellent, condition. A few broke down on the 'way, but I managed to have them taken care of there and lost none of tliem on the march.

One of f ho great features of Genera] Toombs' control of Iiis brigade -\\-as the excellent care lie toolv of lily 3iien. .Me never allo\vecl them to be imjiosed upon by the officers or by other com mands.
Xhis letter betj'ays the Impatience of General Toombs over any mismanagement. lie was the soul of business, ami as the transportation facilities at Mauasnas were meager, he chafed under the heavy loss to "which his brigade was subjected in this retreat. AVith impetuous ardor he calls for

J^ AE3IT Of
resistance, not retreat, lie did not approve of the "Fabian policy " of Joseph E. Johuston. As Gen eral Longstreet aftervrard remarked, " Toombs chafed at the delays of the commanders in their preparations for battle. -His general idea was that the troops went out to fight, and he thought that they should bo allowed, to go at it at once." Xear Orange Court House, he -wrote to his wife on the 19th of March, 1862, "I know not what is to be come of this country. iDavis' incornpetency is more apparent as our danger increases. Our only hope is Providence."
In January, 1862, the General Assembly of Georgia elected Robert Toombs a member of the Confederate States Senate. Benjamin II. Hill was to be his colleague. But General Toombs had a different conception of his duty. He real ized, that he had been prominent in shaping the events that had led to the Civil War, and he did not shirk the sharpest responsibility. He felt that his duty was in the field, lie had condemned the rush for civil offices and what he called " bomb proof positions," and he wished at least to lead the way to active duty by remaining with his army.
Two months later an effort was made by some of his friends to have him appointed Secretary of AVar. This would have brought him in close con tact with the army, which he was anxious to serve. The parties behind this movement believed that

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the great abilities of Mr. Toornbs should not be hidden behind the command of a brigade. Be AY on Id have made an ideal Avar minister. His genius for details and his ability to manage affairs and plan campaigns ~vrould have overmatclied .Edwin M. Stanton. But Mr. Toombs promptly cut oft: this movement in Ins behalf.
On 22d March, 1862, lie wrote to his wife from Orange Court House, Ta. :

1 thought I Lad been very explicit on that point. I would not bo Mr. Da.vis' chief clerk. His Secretary of "War can never be anything else. I. told my friends in Richmond to spare me the necessity of declining if thcv found it in contemplation. I Uavt- not heart! that they bad any occa sion to interfere. , , . , So far as I am concerned, Mr. Da vis will never g-ive mo a chance for personal distinction. Ife thinks I pant for it, poor fool. I want nothing1 but the defeat of the public enemy and to retire with you for Hie balance of my life in peace and quiet in anv decent corner of a free country. It may be his injustice will drive me from, the army, but I shall not quit it until after a great victory, in which I shall have the opportunity of doing something- for the country. The day after such au event I shall retire, if I live through it. I have grievances enough now to quit, but I shall bide my time. I get along very well with the army. I have not seen Johnston but once ; he was polite and. clever. George AV. Smith I see every day. He is a first-rate gentleman and a good officer. I hear from Stephens constantly, but from nobody else in liiclimond. . . . . Ton say yon pray for me daily. I need. it. Put it in your prayers that if it be the will of God that I shall fall, a sacrifice in this great conflict, that I may meet it as becomes a gentleman.

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An instance of General Toombs' impatience un der red-tape rules may be recalled. .A_ member of Lis brigade was taken ill, and lie secured for him entrance into the hospital of Richmond. The hos pital was crowded ; regulations were stringent, and tinder some technical ruling- his sick soldier was shipped back to his brigade. Toombs was fired with indignation. lie proceeded to sift the affair to the bottom, and was told that Genera] Johnston had fixed the rules. This did not deter him. Kiding up to the commander's tent and securing; admission, he proceeded to upbraid the general as only Toombs could do. AVhen he returned to his headquarters he narrated, the circumstance to Dr. Henry II. Steiuer, his brigade surgeon and lifeJoiig friend. Dr. Steiner, who had been a surgeon in the regular army, and had served in the Mexican war, was a better tactical officer than Toombs. He was himself fearless and upright, but full of ta,ct and discretion. "General," said Dr. Steiner, "you have been too rash ; you wil} be arrested." Toombs replied that he thought so, too. He held himself in anticipation for two or three days, but he was not distxirbed. When he was finally summoned to General Johnston's tent, it was to consult over a plan of movement, and it was noticed that Toombs was the only brigadier in counsel. General Johnston subsequently remarked that Toombs was the big gest brained man in the Confederacy. The bold-

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ness and clearness of tlio impetuous Georgian had captured the grim hero of jVTanassas, who forgave the aii'vout in the face of the overmastering mind of the man.
General ]YteClellan reached Fortress Monroe, April 2, 1862, and commenced his march up the peninsula. The country is low and flat, and the season was unusually wet and dismal. The objective point was Richmond, seventyfive miles a\va.y, and the first obstruction met by the Federal army was at Yorktown. The defense a.dopted by General Magrader was a series of darns extending along the Warwick River, which stretched across the peninsula from, the York to the. James River, a distance of thirteen miles. The fords along the Warwick had been destroyed by dams defended by redoubts, and the invader and defender wore stationed in dense sxvamps. At damNo. 1 Toombs' troops were often under fire. They fought with spirit. Fach detachment was on duty defending- the dam forty-eight hours, and between long exposure in the trendies, the frequent alarms, and sharp sorties, the service was very exhausting. It was only possible to change troops at night. On the 16th of April Toombs writes:

One of my regiments, the 17th Georgia, had a skirmish day before yesterday. They aeted splendidly, charging the Yankees, and driving them from the rifle-pits, killing, wounding, and taking- prisoners over one hundred of the enemy. J lost but two killed and a few wounded.

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At the siege of Yorktown in tlie early part of Maf, 1862, General Toombs commanded a division consisting of his own and Sermnes' brigades. He liad 2357 men in iris own and 2342 in Semmes' brigade, making about 4700 troops iu line. Dur ing this siege General Magrnder reports that Gen eral Toombs supported Cobb's brigade, and promptly and energetically led the remainder of his command under fire, arriving just be fore the enemy ceased their attack, and in time to share its danger. General jMagruder had only 11,000 men under him in the peninsula, and General linger but 8000, to oppose MeClellan's march with 80,000. JohnstoD and J^ee both pronounced the peninsula untenable, and on the 4th of May Yorktown was evacuated.
After the retreat from the peninsula, General .Tohnston concentrated his entire army behind the Chickaliominv River, sixteen miles from Rich mond. On the 12th of May General Toombs writes home that his command near the Chickahominv was "resting easily after a disagreeable march from Yorktowu. I hear that there is great consternation in Richmond. .... The loss of New Orleans gives us a terrible blow, and, fol lowed by Xorfolk, makes it necessary for us to strike a decisive blow somewhei'e." On 19th of May, 18(52, he writes home from the camp near Richmond :

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We seem to have come up here to defend this city. You nsk rnii my opinion of the present state of the country. It is bad enough. Tiie ittter iueoinpeteriey of Mr. Davis and ]iis \V^est Point "'enerals have brought us to tlie verge of ruin. If McClellan is unwise enough to fight us here, we shall whip aud drive hiin out of Virginia. .... As to Richmond, it wUl never be taken while this army is ii ere.
General Toombs' estimate of the army and of the futility of an attack from McClellan was justi fied when, after the 26th of June, the Army of the Potomac, almost in sight of the spires of .Rich mond, was forced to reel back, in the deadly clinch of a seven days' combat, to the James River. The Confederate army changed its position from one of retreat to a brilliant and aggressive policy, and the subtle tactics of Johuston gave way to the bold strokes of I^ee. The South was thrilled with victory.
Greneral Toornbs frequently referred to the incompcteticy of Mr. Davia. The letters which have just been quoted were written to his wife, and were not made public then, but he did not hesi tate to express his opinion openly. Jefferson Davis and Mr. Toonibs had some differences while the former was Secretary of ^War under Franklin Pierce and Mr. Toorabs was in the kSenate. Mr. Toonibs believed that President Uavis was too partial to ~West Point, at which school Mr. l)avis had been trained, and that in his man-

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agoiiieut of tile army lie showed the tenacity of a martinet rather than the breadth of a statesman.
In Februazy, 1859, the Army Appropriation bill had come up before the United States Senate. Mr. Toombs attached, and Mr. J^avis defended the whole system. Mr. Toombs contended that the compensation of! army officers was too great. It was more than the same talent could command in any other walk of Jife. It was upon a wrong basis. "You take a boy of sixteen and send him to West Point, audvrlieu he comes out you give him $1-400 a, year. In the course of a few years you carry him up to 83000, 6000, or &8000. Take the gen eral employment of the yoirths of the country who are educated at the different colleges for all civil purposes. You may have the highest amount of genhis and intellect, and you get nothing like such average thez'e. It will take tljem many years to make that much money." Mr. Toombs declared that a brigadier general's commission was higher than that of-a United States Senator. "I think," said lie, "it requires as great cpialitieations to govern this country -as it does to be a, brigadier general." Officers had. increased far beyond the wants of the country. Members of Congress appoint cadets for the different districts; '-'they are generally associated in some way, as brothers, sons, or cousins, wT ith the governing power." Trie thought a salary of 600 or 900 lor the West Point grad-

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ROBJSRT TOOMI33.

nates enough. According to the way army com missions vrere valued in England, the commission of a, lieutenant who graduated at West Point could not be worth loss than $50,000. The pay of a captain was higher than tliat of a jiidge. That position required tlie highest ability and integrity, and tlie average salary of a judge was but $3000, without ti'avehng expenses. jVTr. Toombs con tended that West Point men seldom reflected any opinions but those of the government which em ployed them. They seldom sympathized with the people, and tie wanted a government of tlie people. " You take a boy to West Point," lie said, " give him quarters, and fuel, and clothes, and maintain him, and you say he lias rendered service. When the citizens of this country send their sons to col lege they pay their expenses or work their way through ; but when a boy is carried to AVcst Point he is taken care of; a house is provided for him; clothes are provided for him ; instructors are pi'<>vided for him, and that is called being in service. I lay down the proposition that tlie true, theory of wages, if yon employ these people to keep the peace, is exactly the same--a constable's pay--yon ought to pay them what they can be had for."
Mr. Uavis held that army officers were constantly tempted to resign by ofi'evy of higher pay. It was the training of these men in the service, not for the service, it was their attachment for the

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country which made them so valuable. It was better to instruct mevi for officers7 places arid then appoint them, tlia.n to appoint them and then in struct them. He thought appointments were free from partisan selection. A. soldier's devotion was as broad as the continent. A. AVest Point cadet is a warrant officer ; he goes there to serve the govern ment as it may direct. It directs him to stay there until he has sufficient elementary instruction to properly discharge the duties of an officer.
The debate showed the views of the two men, and indicated the differences which, from points of public policy, soon deepened into personal dis like. On the 30tli of May, Toombs wrote from the army, "D.'ivis is polite and formal; so am I.'1
In the latter part of 1862 it \vas evident that the two armies must meet and contend for the mastery in Virginia. The day before the seven days' fighting commenced, Dr. Steiner said to General Toombs, his intimate friend : " General, 1 have a favor to ask of you. Keep your mind unclouded during these important operations." Dr. Steiner knew that during the heat and excite ment of battle, temptation was great among soldiers to take ardent spirits, a practice that had grown somewhat upon General Toombs during his service in the field, and which at times deprived him of his best pmrers. " ^Vhy, doctor, I gladly promise," said the great Georgian. Nor did he,

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KOBER'f TOOXBS.

during tTic week, take a glass of any sort of liquor.
General Tooml>s 7 brigade was tlic Thirst Bri gade, First Division, Army of Korthern Virginia, and during the champaign of the peninsula, was in Magruder's division. On June ] 5, 1862, Toombs occupied, the most exposed p>osition, which was held for nine days. Magruder recommended relief for Ids troops, which Lad been suffering from lack of rest and care. Just before the seven days' light Toombs' brigaclo was placed in D. R. Jones1 division and IMagruder commanded his own, Jones', and McLaw's divisions, liolding about 1.3,000 men. Toombs' brigade \vas com posed of the 1st, 15th, 17th, and 20th Georgia regiments.
On tlie 26th of June Toombs' brigade was posted upon the east of Garnett's Hoiise, on Golding's farm, just iu front of tlie enemy. .Botli sides thre\v nj) breastworks so near that neither could advance its picket line. " Jnst befoi'e dark," s;i}-s T)r. Steiner, " Mr. Toombs r<:-cei\-ed order's to charge the enemy, firing having been heard on the left. The position was a dangerous oue. A charge at that time of the evening was perilous. Jnst in front lay a deep gulch--Laborin-Vain Haviue--which was alive with the enemy, and the charge must be through an un protected lield of wheat and clover. General

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251

Toonibs was astonished at the order. His first instructions had been to put himself near Garnett House, to hold Iris position and to take advantage of any retreat of the enemy. He doubted the authenticity of the order, and sent word that he would not obey unless in writing. Pretty soon written instructions were returned and General Toombs prepared for what lie believed to be a forlorn hope. He advanced seven companies of the 2d Georgia ^Regiment, 750 men, under Colonel B. M. Butt, toward the enemy in the face of a heavy front and flank fire. Colonel Williams' regiment crossed the field at double-quick "under a galling fire from the opposite side of the ravine. Unshaken by fearful odds, they held their ground and replied with spirit. The 15th Georgia Regi ment, under Colonel Mclutosh then entered the fight, and this gallant officer was mortally wounded. The 17th Georgia charged on the left and the 20th on the right. The engagement was a very bloody one. Over 200 of Toombs' men were lost and several valuable officers were killed. The oppos ing troops were a part of General Hancock's com mand, and the firing ceased only with the night. Ne-Xt morning the enemy retreated, and Toombs' men pressed forward and held their position. General Toombs was censured for this engage ment, for which, it seems, he was in no wise re sponsible.

011 the 1st of *Tuly, about three o'clock in the afternoon, commenced one of the famous battles of the war. ]\IcClellairs army had gotten away from its perilous position astride the Chickahorniny, and now found itself united and strongly intrenched on the heights of Malveru Hill. All hope of destroying that army was gone, and it was evident that an engagement must ensue, with the odds in favor of the Union army. It was in many respects like the battle of Gettysburg, ex cept that the Confederate forces were not handled with the precision arid e'rrectiveness of the historic sorties against Cemetery Heights. The battlefield was in plain range of the enemy's gunboats, and there was much surprise that Gronera,! Lee should have sanctioned an engagement at that point. General D. II. Hill misunderstood the signal for attack at Malvern Hill, and late in the afternoon ordered the charge. Toombs' brigade had been marching and countermarching all day, and went into action much thinned from the effects of the sharp fighting at Tjabor-m-^aiu Kavine. There was no concerted attack. The charge seerns to have been made by brigades, even single regiments being thrown forward. They advanced through a, swamp, and the difficulties of the charge, owing to a murderous fire which raked the plain from the hills, 600 yards away, cannot be exaggerated. Toombs' brigade was one of the first to reach the

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plateau swept by fifty gum. It advanced with Anderson's brigade, but obliqued to tlie left about half-way up tlie hill, and took position near a fence, where tlie troops, suffering fearfully from the cool, deadly aim of tlie Federal gunners, were ordered to lie down and secure some shelter from the cannon-shot. It was at this time that General D. H. Hill rode up to General Toonibs and or dered his brigade forward. Some sharp words ensued between these officers, arid the men moved forward handsomely to the brow of the hill. At this time, however, the steady stream of fugitives pressiug back from the charge, broke the alignment of the brigade and separated the regiments. Colo nel Butt's regiment went forward with Kershaw's brigade, The whole Confederate charge was soon, checked and the troops fell back in disorder. Their loss was full)* 5000 men, and the loss ill Toombs' brigade was 219 men, making his losses in the two engagements over one-third of his en tire number. Malvern tlill was a blunder which was never repeated, but it wan a disastrous one for the Georgia troops.
The subjoined correspondence will be under stood in the light of the meeting of General D. II. Hill and General Toombs near Malvern Hill dur ing the progress of the charge of the Confederate forces.

254

UOBKIiT

IlEAlHlUAFlTTRltS flRBT 1>1UGA.I>"C, ICIEST 3>IVISlO]Xrj
Iii the Field, July 0, 1B02. MAJOR, GjiXETiAi, I>. II. HIT,!,.
Sir: ^Military movements since Tuesday last have prevent eel an earlier reply to your conversation with me on the battlefield that even ing. I understood you to say, among other thing's, that " Your (my) brigade would not fight "; that you " always knew it would not tight" ; that it "pretended to want to fight, but would not" ; ' TVhere were YOU when I was rid ing in front on my horso trying to rally your brigade? " I desire iirst to know whether \ am correct in my under standing of your language, and if not, wherein I um mis taken.
And secondly, to request of you such explanation of that language as you may choose to give.
I am sir, Your obedient servant,
KCJ-JIIKT Tooruns,

July 6, 180-2. General: Your note has j'ist been received, ^ty re marks were personal to yourself and. not. to vour brigade, I did not in the slightest degree reflect on your in en. "\Vliat X paid was in. substance this : "You have been want ing* to fight, aud. now that you have one, yon have got out of it." There were, witnesses to our conversation, and if my remarks were severer, I will let you know. It may be well to suggest to yon that, as the command ing officer on the iield, I have an official report to make wliieh will not be modified by your note. It 3s notorious that you have a thousand times expressed your disgust that the commanding general did not permit you to fight. It is equally notorious that you retired from

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255

the field. These are the two fuels of which I reminded

you on Tuesday. 1 made no comment upon them, and if

the simple truth has been offensive, the interpretation of it

has been your own.

Yours truly,

D. II. HILL,

BRIG AD ITCH G-J.-:XERAI, TOO.UBK.

ilajor General.

HEADQITAllTliES FjRRT BRIGADE, FlRST DlVISIOK,

GEITEIIA.L D. LI. HTLL.

July G, 1862.

&ir : Your note of this date has jnst been received. It

is scarcely necessary for mo to say it, is not satisfactory.

It would be inappropriate to comment upon it properly in

this note., and for that reason alone I waive it for the present,

As to your remark that you were. the. commanding- officer

on the field 011 the 1st inst,, I never before heard of it., nor

do I now think HO, but, however that fact may be, I am at

a loss to know for what reason you state it unless it was to

menace and intimidate me in. the pursuit of proper satis

faction for the unprovoked insult you Lave cast upon me.

If that was your object, this note will satisfy you that you

have failed in your object. I now demand of yon personal

satisfaction for the insult you cast upon my command and

myself on the battlefield on the 1st inst., and for the rep

etition and aggravation thereof in your note of this day.

I refer you to my friend Colonel J^eimiug for all necessary

arrangements.

Your obedient servant,

ROBERT TOOMBS.

CA:MP ^TKAK RICHMONVD, VA., July 12, J8G2.
General.' Your note of the Gth was received yesterday. I must again enter my protest against your second declara tion that I reflected upon your brig-ade in the battle of

TQO3T&S.
Malvern Hill. "VVitiicsriey to our interview affirm that fay remarks wore entirely personal to yourself.
Iri regard to TOUT demand for satisfaction, I construe it to mean either that I must apologize to 3-011 for the lanjpiag"e used, by mo 011 the battlefield, or tliat 1 must grant you a hostile meeting-. If the first interpretation be correct, T will state that I will make full., public, and ample conces sions when satisfied that I did yon injustice ; and this I would do "without any demand. I certainly thought that you had. taken tho field too late,, and that vou left it too early. You may, however, have done your whole duty, and held your ground as long as it was possible for A bravo and sk'iUful officer to hold it. It' the facts prove this to be so, no one will be more gratified than myself, and my aolviiowlcdgnumt ot" error -\vill be cordial and complete.
But if your demand means a chy,llenp;e, its acceptance, when we have a country to defend and enemies to light, would be highly improper and eontrary to the dictates of plain duty, without reference to higher grounds of action. I will not make myself a party to a con rye of conduct for bidden alike by the plainest principles of duty, and the laws which we have mutually sworn to serve.
Y"ours truly, IX H. Ifij.r,, Major General.
T5KIGAD1E.U GEXEKAI, KORKRT TOOMKS.
Just what General Toombs replied to this is not kno\yii. Tlie lettei- Las not been preserved in this correspondence. Ifc evident!y declared tlmt the ex planation waw not sutisfactory. jMajoj 1 Jl. J. ]\lose,s, Jr., a member of General XooinUs' ^tnfF, submitted in writing the following' report of his recollection of

IN ARMY OF NORTHERN VIRGINIA.

257

General Hill's words to General Toonobs at Malvcrn PI ill:

Where is your brigade, sir ? I told you that I wanted a lighting brigade, and your brigade will not fight. 1 know it would not, and you are the niati who pretends to have been spoiling for a fight, Kor shame ! Rally your troops ! Where were you when I was riding up and down your line rallying- your troops ?

Major Moses adds:

As aid-de-camp of Gonernl Robert Toombs, I remained with him until some time after this conversation. Pre vious to tills conversation General Toombs had been about fifteen yards to the rear of the center of his line and his troops were unbroken, There were many men coming' by us, but I saw not over ten from General Toombs' brigade. The order was given " Forward, left oblique," and General Toombs moved to the left of his line. When General Hill met him and commenced this attack on the character of himself and his brigade without the slightest provocation, General Toombs had not only been rallying the troops, but continued to use his best endeavors to rally them till late at night. I was with General Toombs the whole time from the commencement of the aotion until half or three-quar ters of an hour after the conversation.
The following is the concluding letter of tlie correspondence :
July 15, 18G2. General: I regret that my last note, which was intended to be conciliatory, has been misunderstood or misappreciated. I take it for granted that you know enough of my previous history to be aware tiiat a hostile meeting, under

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E013KRT TOOMBS.

any circumstances, would be abhorrent to my principles and. character. At this time it would be in the highest de gree improper, lliave offered you the only redress which I could make even after a meeting-, viz., an acknowledg ment of error when convinced of that error. As no good can result from, a continued correspondence, it will close on my part with this communication.
Yours truly, I). H, HILX,, Major General.
BRIG ADIEU GEXEKAL ROBERT TOOMBS.

General Hill was a good man ancl a brave sol dier. His devotion to the Confederate cause was undoubted, but his zeal sometimes made him harsh, arid more than once he placed himself in the posi tion of reflecting upon, the conduct of others. On. one occasion at the battle of Chickamauga, where Genera] Hill was in command of the extreme right of the Confederate line, on the second day of the battle information was brought to him of the sud den and unexpected advance of a strong Federal force against his line. It proved to be the division of the Federal General Gordon Granger. General Hill and General "W. H. T. Walker, who com manded . two divisions under General Hill, pro ceeded at once to the threatened point, to ascertain the situation of affairs, accompanied by some mem bers of their staff. Arrived at a point where this new arrival of Federal forces could be seen, Gen eral Walker deferred to General Hill and asked him, " "What do you wish me to do ?"

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259

" AVhat do I want you to do '? " said Hill with severity, and even with sometliing like a, snarl, " I want yon to light."
General Walker lluslied up in a moment. He was not a man. to deserve any reflection upon liis courage or to bear it when offered. No man in the old army had a higher and more deserved re putation for dashing courage. He had been des perately wounded in Florida, and again wounded, supposed to be mortally, in leading tlie assault on Chapultepec in the Mexican War, and had, on many occasions, given undoubted evidence of his valor and fidelity. ITc answered hotly, "Of course I will fight; you know that, General Hill, well enough; but, by God ! sir, there are two ways of fighting, one to whip and the other to get whipped."
The point was a good one. Major Joseph B. Gumming, chief of General Walker's staff, who re lated this incident, says it had the desired effect.
When Long-street marched against Pope he stationed General Toombs' brigade to guard one of the fords of the Rapidan. Toombs was absent at the time and when he rode up ordered them back to camp. General Longstreet heard of Toombs making stump speeches and " refer ring in anything but complimentary terms of his commander." He sent General Toombs to Gordonsville. Afterward he received an apol ogy from Toombs and directed him to join

26O

.

ROBERT TOOMBS.

bis command. As we were preparing for the charge at JYlanassas (second "battle), Toombs got there, riding rapidly -with his hat in his hand, and was much enthused. I was just sending' a cxmrier to his command with a dispatch. 'Let me take it,' he exclaimed. ( With pleasure,' I responded, aiitl handed him the paper. Pie put spurs to his horse and dashed off, accompanied by his courier. "When, he rode up and took command of his bri gade there was wild enthusiasm, and, everything "being ready, an exultant shout was sent up, and the men sprang to the charge. I never had any more trouble with Toombs. AVe were afterward warm personal friends."
On the 30th of August, 1862, Hon. A II. Stephens wrote to Mrs. Toombs that General Xoonibs was still at Gordonsrille. He said :

How long lie will remain, I do not know. I thought at first that it would only be for a clay or two, or until General Longstreet could receive and reply to two notes he had written, explaining-to my mind very fully and satisfac torily liis acts and conduct, which, it seems to me, General iLongstreet had mis understood. Such is still my opinion, and yet I may be mistaken. I do not know much of Gen eral JjOng'Street. .1 only know that General Toombs, who does know Mm, always expressed very high admiration of him. as an officer.

At the second, battle of Manassas, August 29, 7 Toombs' brigade in. Jones' division held the

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381

rear of Longstreet's corps. "Early in the morning the brigade took up the march in the direction of tlie old battlefield of Manassas, where heavy fir ing was heard. Arriving at noon it was stationed on the extreme right, or nport the Manassas Gap railroad. The brigades formed in echelon. Gen eral Long-street in his published, report com mended, especially General Toombs for gallant conduct a,t Manassas Plain.
General D. K. Jones, in his report of Manassas, says:

General Xoombs, released fi-oni arrest, under winch be bad been since I he 18tli of August, came upon the field shortly after his brigade went in iinder tire, and accompan ied it in action.

Captain II. L. French, of the ITtli Georgia Regi ment, says : a Soon after onr engagement, to otir great satisfaction, ^ve unexpectedly met onr gallant commander, J^rig-adier Genera] Kobert Toombs, Nvho, anticipating tlie fight, liad ridden hard all day. He was greeted with hearty cheers, and said, ' i>oys, I am proud of the report given of you by General Jones. I could not be with you to-day, but this was owing to no fault of mine. T.o-moiTow I lead you.' "
One report of this engagement declares that as 'combs dashed into the fire and joined his men,
waved his hat and shouted, " Go it, boys ! I am

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ROBUST TOOMBS.

with you again. Jeff Davis can make a gen eral, but it tabes God Almighty to make a soldier i "
The expulsion of Pope only accelerated the momentum of the Army of K"orthern Virginia. From the front of Richmond, the theater of oper ations was transferred- at once to the front of Washington, and the Union army was again on the defensive. General Lee, freed from the ne cessity of guarding the Confederate capital, resolved to invade Maryland. Tie reasoned that the prestige of the invasion would advance the cause of the young nation abroad : that it would relieve Virginia from incursions during1 the winter, and that the presence of the army in Mary land, would raise the standard of revolt and cause the liberation of that State from the Union cause. Tree's army, however, was not equal to such an expedition. Jt was not "well clothed or armed, and barely numbered 40,000, while McClellan had 80,000.
Tooinbs' brigade accompanied Long-street's corps in it? counter-march, from Ilagarstomi to Hill's support. On the 14th of September these were withdrawn to the valley of the Antietam. The creek of Antietam runs obliquely to the source of the !Potoniac, and empties into that river six miles above Harper's Ferry. The Confederate lines were, on the 15th, drawn up in front of

IN ASMY Of NORTHERN VIRGINIA.

263

Sharpsburg, Longstreet being on the right of the road from Sharpsburg.
In tHs place tlie creek is crossed by four stone bridges, and three of these were strongly guarded by the Confederates. Burnsides army corps was stationed on the Sharpsburg Turnpike, directly in front of bridge No. 3. Tlie preliminary deploy occupied the 16th of September, an artillery dxiel enlivening the time before the battle. Unrnside lay behind the heights on the east bank of the Antietam and^ opposite the Confederate right, which, Swiiiton says, it was designed he should assail, after forcing the passage of the Antietam by the lower stone bridge. The part assigned to General Burnside was of the highest importance, for a successful attack by him upon the Confeder ate right, would, by carrying the Sliarpsburg Crest, force Lee from his line of retreat by way of Shepherdstown. Swinton says this task should have been an easy one, for the Confederate forces at this point had been drawn upon to recruit the left where Hooker had made his furious assaults.
There was left in the right wing of the Con federate army but a single division of 2500 men under G-eneral JD. R. Jones, and the force actually present to dispute the passage of the stone bridge did not exceed. 400. These troops were under the direction of General Robert Toombs, aucl this engagement made his reputation as a fighter and

264

ROJ3TSRT TOOMBS.

was one of the most "brilliant and memorable of the Civil "War. It was one o'clock before Bnrnside charged. General Lee, in his report of the bat tle, said :

In the afternoon the enemy advanced on our rig-lit, where General Jones' division was posted, who handsomely maintained Ms position. General Toombs* brigade., guard ing tho bridge on Antietam Greek, gallantly resisted the approach of the enemy, but his superior number enabling1 ]iim to extend his left, lie crossed below the bridge and assumed a threatening- attitude on our right, which fell back in confusion. By this time, between 3 and 4 o'clock p.j-r., A. P. Hill, with five of his brigades, reached the scene of action and drove the enemy from the position they had taken. The bridge was defended with two regi ments of Toombs' brigade (2rl and 20th) and the batteries of General Jones. General Toombs' small command re pulsed five different assaults, made, by g-reatlv superior forces, and maintained its position with, distinguished gallantry. .... Toombs charged the flank of the enemy, while Archer moved upon the front, of the federal line. The enemy made, a bx'ief resistance and then ran in con fusion.
Such comitiemhition from the comrnander-iri ch ief of the Confederate army speaks for itself.
Speaking of the last charge, when the Federals were driven l>a.ck over the creek in the counter attack, General Jones says:

General Toombs, whom T had sent for, arriving from the right with a portion of his "brigade (llth Georgia Reg-

7JY AR317 OF' NORTHERN VIRGINIA.

265

imevnt) was ordered to cliarg-e the enemy. This lie did most gallantly, supported by Archer's brigade, delivering fire at lews than fifty yards, dashing- at the enemy with the bayonet, forcing him from the crest and following him. dcrwri the hill.

General Garnett'a report credits Toombs -with having " reonforced the right just after it had been driven bade, ami restored the fortunes of the day in that quarter."
From the report of General Toombs it appeared that when he first moved into Maryland he was assignod to command a division composed of Toombs', Dray ton's, and Andersen's brigades, and. took possession of ITagerstown. On Sept ember 14 he was ordered to Shnrpsburg, two of hiw regiments having been sent to "Williamsport to protect the wagon trains-. "With two small regiments left, General Toombs took position near tlic bridge over the An tie tarn on the road to Harper's Perry. Jle took, possession of the ground with the 20th Georgia Regiment, commanded by Colonel Jonathan !B. Cumining^ and the 2d Geoj^ia Kegiment, comumiidod l)y Colonel Holmes. The creek was comparatively straight by this bridge. He formed his regimoDts along the creek in more open order than was desirable on account of the sinallness oP his number. Subsequently the 50th Georgia, with scarcely 100 men, was placed under his command. Colonel Eubaiilcs' battery -was by

263

HOBEHT TOOMJ3S.

order of General Loiigstreet placed in his rear. Tlie enemy opened on his position oil Tnesday evening, the 16th of September. On Wednesday morning, liis pickets were driven in and tlie enemy menaced his position. The ground descended gently to the creek covered vrith a narrow strip of woods, affording slight protection. The enemy ap proached by the road parallel with his line of battle, he says, exposing his flank to a destructive fire. Between 9 A. M. and 1 p. jr. the Federals made five attempts to carry tlie bridge, and were repulsed by the 2d and 20th Georgia regiments. Failing to wrest the bridge from its heroic de fenders, the enemy turned his attention to the fords. "Not being able to get reinforcements, a.nd seeing that the enemy would cross and attack my front, right flank, and rear, Colonel Holmes having been killed, IVIajor Harris wounded, both regiments having srrffered heavily, ammunition nearly exhausted, and the battery withdrawn, I withdrew iny command to a position, designated by T-iongstreet, opposite the lower fords. This change of position Aras made very satisfactorily and without serious loss. The 15th and 17th Georgia regiments and part of the llth, previously detached, now came lip and occupied the new position. The 20th and 2d went to the amurrmition train to replenish their cartridge boxes. The enemy moved through the bridge a,nd ford with

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367

extreme caution, and lost nearly two hours in cross ing, about which time A. P- Hill's division came from Harper's Ferry. I was ordered by Longstreet to put my command in motion to meet the enemy. I found them in possession of the ground I was ordered to occupy, including' the bridge road and the suburbs of Sbarpsburg. With less than onefifth the numbers of the enemy and within 100 puces of his lines I determined to give battle. I had instantly to determine either to retreat or to fight. A. retreat would have left the town of Sharpsburg and General Lougstreet's rear open to the enemy. The enemy advanced in good order to within sixty or- eighty paces, when the effective ness of the fire threw his column into considerable confusion, perceiving which I instantly ordered a charge, Avhich was brilliantly executed by my whole line. The enemy fled in confusion toward the river, making two or three efforts to rally, which were soon defeated. The enemy brought over the bridge a battery. I ordered Richardson's battery to open upon it, and at the same time the f 5th and 20th Georgia charged upon it and com pelled it to rejoin the flying infant]-}'. I desired to pursue the enemy across the river, but, being deficient in artillery, I sent to General Ijee for a battery, which came up too late. I then determined to move my troops to my lirst position along the river, but received the order to occupy the heights

268

ROBERT TOOXBS.

on the opposite side of the road leading to tlie bridge from Sharpsburg, and there the troops bivouacked for the night."
The gallant conduct of Toonibs' brigade at Sharpsburg wag the theme on both sides. The country rang with its exploits and tlie fiery Geor gia brigadier became tho toast of the army. -Bnrnside's heavy losses abundantly proved the stoutness of tlie resistance and tlie deadliness of the charges of the Georgia troops.
The next evening, on the edge of Sharpsburg, General Toonibs and his aids crossed a little branch on his way to the headquarters of Colonel Denning. General Toonibs rode his famous mare " Gray Alice," so well known to his command. lie was not very far over when a troop of calvary rode up. He challenged them, and they answered " VVe are friends." Captain Troup of his staff, however, detected the ruse and fired into them. The squad returned the fire. General Toonibs was shot through the hand with which he was holding the reins. The gray mare at once became unmanageable and ran back across the branch. As soon as he could control the mare, General Toonibs rode back to Colonel Banning and, report ing his wound, turned his brigade over to Colonel Denning. AVlien it became known that General Toonibs was wounded his men were deeply pained. Always solicitous for their welfare, his soldiers

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were devotedly attached to him. He toolc care of Ms brigade even to tlie extremity of violating arrny discipline. Ife exacted the utmost consideration for his men, ami tlie officer who periled their safety, or disputed their efficiency, was cniiekly called to account. Whether against Jolmston, Lougstreet, or Hill, the First Brigade, First Division, was srire of a fearless champion in the person of its commander.
The battle of Sharpsburg -\v~as a very bloody one. The losses on the Federal side were nearly 12,500, while the Confederates lost 8000. Lee withdrew into Virginia, and McClellan was too much demoralized to follow. Ijongstreet, in sum ming1 up the Manassas and Maryland campaign, declared that in one month the troops had marched over two hundred miles upon little more than half rations and fought nine battles and skirmishes. They had "killed, wounded, and captured nearly as many men as we had in our ranks, besides tak ing arms and other munitions of war in large quantities." General Ijongstreet compliments I^rigadier General Toonibs for his " gallant defense at the bridge of Antietam and his vigorous charge upon the enemy's flank ; he was severely wounded at the close of the engagement."
General Toombs returned to his home after Sharpsbur<i% and remained several months. He rejoined his command near Fredericksbnrg, but in March, 18()t>, wrote a touching farewell to his bid-

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gade and resigned his commission ill tlie army oi' !N"orthern Virginia. It seemed to him that lie did not liave justice (lone him. at Richmond. He aspired, with the ambition of a soldier, to be promoted in his country's service. His eonduct at Sharpsburg, where lie wrung' admiration from his superior officers, appeared to call for recognition from, the President, but lie did not receive his major-generalship, and, although more than once in the actual command of a division, did not secure that title. It is true that he would have lihed the promotion ; but he did not expect it. Tie had written to his wife that he would, not "be driven from the army until after some great battle, when, he should have the opportunity of doing something- for his country. " The day art or such an event, I will retire if I live through it." The battle had occurred, his record was written upon, the stone bridge of Antietam, find his work was at an end.
Postmaster-General lieagaii was one of those who recognized the merits of General Toombs. Twice did he approach President "Davis with the request that General Toombs be promoted to the command of a division. That official replied promptly that he did not oppose it himself, but that he could not do it without the recommenda tion of the army officers, and that recommendation had not been given. Possibly the field officers be-

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lieved the suggest ion would have been ungracious to Mr. Davis. General Toombs bad not hesitated, to cvifcicise tlie policy and appointments of tlie Richmond administration. That practice had strained his relations Avith tlie Confederate Gov ernment, but Toombs \vas a man Avho " would not flatter Xeptuno for his trident."
General Toombs was not a trained soldier, but he had some line points at a great commander. He was the soul of energy and common sense. He was bold, dashing, magnetic. He had the quality of infusing his spirit into his men. His quick mind seized the points of a campaign, and his intellect was broad and overmastering. It is related of him that one day in Virginia he hurried to the rear for a conference with Jefferson Davis, to which the .President had summoned him, upon some point of civil administration. This business over, he dashed back to the front, where lie had an engagement with General Lee over a plan of attack. General Long-street said Toonibs had the kindling eye and rare genius of a soldier, but lacked the discipline of a military man. This was the serious flaw in his character. He had what General Johnston declared, was the great drawback about the Southern soldier, " a large endowment oil the instinct of personal liberty," and it "was difficult to subordinate his will to the needs of military discipline. He had been.

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accustomed to priority, mid ill whatever com pany, under -whatever conditions lie found liimself, his Lad been tlie part to lead and to ride. As Colonel TLomas AV. TLomas Lad said of him, "Toombs Las always been tlie big frog in the pond." ]Sleu conceded to him this prestige. Under tLe cast-iron rule of the army he found himself subordinated to men intellectually "be neath him, but trained and skilled in the art of war. He was swift to detect error, and impatient in combating blunder. The rule of mediocrity, the red tape of the service, the restraints of tlie corps, the tactics of the field galled, his imperious spirit. Tie commanded his brigade as lie had re presented his State in the Senate--as a sovereign and independent body, and like the heroic Helvet ian had blazoned on his crest, " No one shall cross me "with impunity."
llobert Toombs made a mistake in sinking- him self in the routine of a brigade commander. lie should have taken the War Department, or, like Fitt, have pushed, the war from the floor of the Senate. Swiutoii says that Abraham Lincoln brought the habits of a politician to military affairs, in which their intrusion can only result in confu sion of just relations. There is ineradicable antag onism between the maxims which govern politics and those which govern war.
During General Toombs' absence in the field, he opposed the Conscript Acts of the Confederate

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administration. I to believed them arbitrary and unjust. Ho considered that this was a tendency toward centralization which the Confederate Government was fighting; that it placed too much power in the hands of one niaii; that it was deadly to States' Rights and personal liberty, and that it would impair the efficiency of the army by lowering its patriotism, rlno champion of this anti-administration policy in Georgia was Tjintou Stephens, the brother of the vice president. Toornbs in the field, the elder Stephens in Con gress, and Linton Stephens in the Georgia Legis lature, fought the Conscription and Impressment Acts. Hon. .Joseph 1C. Brown, the war Governor of Georgia, was also a vigorous opponent of this policy. This influence gave rise, in the early part of 1864, to the Peace Resolutions of Linton Stephens, who sustained Governor Brown in his policy, to inaugurate State action for " the preser vation of rights and the attainment of peace." Linton Stephens, in a strong letter to General Toombs at that time, called attention to the fact that since the Avar began neither side had made any effort to stop the effusion of blood. He be lieved that the professional soldiers and "West Point generals would never permit the cessation of hostil ities. Such men, he thought, would not, in human nature, desire peace. " How can it be explained," he wrote, " that both governments have fought on during these long years of blood and tears and

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desolation, without either one offering terms of pence, and with both running a swift race of rivalry in usurping" the moat despotic power under the ever-recurring and false plea of necessities of war ? Have both governments formed designs that can not Le accomplished in peace, and which seelv opportunity and shelter in the confusion and panic of Avar?"
Mr. Ijintou Stephens was a leading- lawyer and legislator in Georgia. lie was a man of great ability. lie had started the practice of law in the office of Uobert Toombs, and. had been a political follower and close friend of the great Georgian. He had served upon the bench of the Supremo Court of liia State, and at the close of the war his political influence was probably greater than that of any man at home. He way fearless, inflexible, high-toned, and full of power. He did not hesitate to condemn the legislation naked for by Mr. Davis, and joined Mr. Xoombs in opposing the appoint ment of General Bragg as supervisor of all military operations, Mr. Stephens believed that the next step after the Impressment Act would bo the organization of all labor into a military system Tinder government control.
The result of the policy of Mr. Davis justified the protest of the Georgian a, but there ia nothing to warrant the belief that Mr. Davis wag moving toward military despotism or that he relished the continuance of strife. He saw that the South was

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in for the war. Desperate situations required desperate remedies. He grasped the government with a strong hand, and Jacted neither nerve nor patriotism. The principles of this policy were unsound, but the motives of .Jeft'ersou Davis were pure. Nor was there reason to sustain the whole sale denunciation of IVesfc .Point. That school of soldiers was the backbone of the army, and the fact that so many Southern men gave "up com missions in the United Status army and came South when their States seceded, overthrew the idea that they were tools of the general government and had lost identity or sympathy with people at home. But General Toombs was bold and impatient in his positions.
Equally opposed was he to the policy adopted in Georgia of recommending the planting of all grain and no cotton. From Richmond he wrote in March, 1864, directions to his brother Gabriel Toombs, who managed his plantations in Wash ington :

I do not care to change my crops. I wish, to raise an abundant provision crop and then as much cotton, as I can, . . . Brown's And Chambers' policy is all foolish ness. . . . As to what I shall chooso to plant on my own estates, I shall neither refer it to newepapoi-Hj nor to public meetings, nor to It/gislatnres. I know what sort of people compose these classes. J-.et them talte up arms and come with me to driycthe intrurtera away from our soil, and then we will settle what sort of seed wo will put into it.

CHAPTER XXIII.
-WITH TIIK CKKOEGIA MILITIA.
TOOMBS' next appearance in the field was as adjutant and inspector-general of General G. "W. Smith's division of Georgia militia. He was present during the battles before Atlanta, the engagement at .Peach tree Creek, and the siege of the city. General J. E. Johnstoii had just been relieved from command, of the Confederate forces, and General J. B. Hood placed in charge. General Toombs wrote from Atlanta :
The tone of the array has greatly improved. We are now receiving reeuforceinents from the West. I) avis, hav ing kicked Johnston out, now feels obliged to sustain Hood, so the country is likely to get good out of evil. General Hood is displaying great energy and using- his best exer tions for success. I think very well of him. Pie is a most excellent man, and undoubtedly of great military talent. Whether equal or not to this gl'eat struggle, time must prove.
The militia are coining up finely. Twelve hun dred of them, arrived lioro this evening, armed and tolerably well equipped. Poor fellows ! They are green and raw, undisciplined and badly officered. It keeps us at work dav and night to bring1 order out of this confused mass, and we have but a poor chance. They inarch right
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into the trenches, ami arc immediately under the enemy's fire all (lav. ^Vo shall trust to a kind l-Vovidene.e alone to preserve them from a gre.it disaster, and make tlicm useful to the army and the country. The pressure is so great that we are compelled to put them to tho work of veterans with out an hour's preparation. 1 am doing' my utmost to get them in tho best possible position. Georgians are all com ing up \vell except the cities.
Speaking- of men who try to shirk duty, Mr. Toombs wrote, " Poor creatures ! What do they want to live for '1 "
General Toombs had the task of organizing the recruits and getting them ready for the field. lie writes to his wife : " Since i began this letter, the Yankees have begun an attack on a part of our line and I was obliged to ride with General Hood to look after our defenses." General Toombs alludes to Genera] K. C. Walthall of Mississippi, as "a splendid officer and a gentleman." He says: " The enemy are evidently intending to starve us rather than to tight us out. I have, at the request of General Hood, not less than twenty letters to write on that very subject. Sherman shells the town furiously every clay. ISTot much damage yet."
It has been customary to speak in light terms of the Georgia, militia, who, late in the day, took the field to man the defenses when Sherman Avas march ing to the sea. They -were frequently made up of old men and boys who had been exempt from the

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regular service, and these were hurried into action with poor equipment and scant preparation. Gen eral Tooynbs, in a letter written to Ins wife, July 25, 1864, says:
The militia Lave behaved with great gallantry. This is sincerely true. Thev have far exceeded my expectations, and in the ilo-l.it on Thursday equaled any troops in the line of battle. If they will stand and fight like men, onr homes TV ill be saved. G-ocL give them tlie spirit of men, and all will be well !
In another place he writes:
"We have a mixed crowd, a ]arge number of earnest, brave, true men ; then all the shirks and skulks in Georgia trying to get from under bullets.
General Toombs commended and endorsed the policy of Governor Brown during his six years' administration of the ouice from 1857 to 18 6 3. These two men were warm friends and political allies. "When Governor Brown's third term was drawing to a close, he preferred the selection of General Toombs as his successor. But Toombs declined to nifike the race. His gauio now was war, not politics. He preferred the field to the Cabinet. He writes with considerable feeling this letter to his wife:

"Whatever fate may befall me, I feel that this is my place, in the field and with the militia, with the men who own the country and who are struggling to preserve it for their children. I am truly thankful to God for the health he has given me to enable mo to perform my part of this work.

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Be called all the sons of Georgia to come, even to "die together rather tliau let the Yankee over ran and conquer Georgia." lie concludes a letter of appeal:
UettPV bo Where the iinconquercd Spartrms still are free, In their proud charnel of Thermopylre.
General Toombs7 last military service, after the fall of Atlanta, was on the 20th of December, 1864, when as adjutant and inspector-general lie served in General G. W. Smith's division, Georgia militia, at the sieg'e of Savannah. General Dick Taylor, in Ms "Destruction ami Reconstruction," gives a very graphic description of General Toombs' energy. The Georgia militia had left Macon for Savannah, and to avoid capture by the resistless column of Sherman's army, then march ing to the sea, was shipped by way of Thomasville. The trains were sometimes slow in moving, and. to General Taylor, who was anxious to mass all forces at Savannah, the delay was galling. When Toombs came up, he "damnecl the dawdling trainmen, and pretty soon infused his own nerv ous force into the whole concern. The wheezing engines and freight vans were readily put in mo tion, and. Governor Brown's ' army' started to ward Savannah." Ne\vs reached General Taylor about that time that the Federal forces at Port Royal were coming- up to capture Pocotaligo on

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the Charleston and Savannah road. This was a dangerous move, as General Taylor was anxious to hold this line for coast defense. He needed reinforcements to hold this point, and at once thought of "Joe Brown's Army.-" The position of Governor 13rown was, however, as General Taylor understood it, that Georgia troops were to be held to guard Georgia soil. This was one of the points in his discussion with ]Mr. T)avis. Gen eral Taylor consulted with General Toombs, how ever, and. they arranged to have the Georgia militia " shunted oft' at a switch near Savannah and transported quietly to Carolina." At Pocotaligo these troops had a lively brush with the Union forces and succeeded in holding the rail road. The Georgians were plucky whether at home or abroad, but General Taylor declared that Toombs enjoyed his part in making them " uncon scious patriots."
Shei'maiTs march to the sea wTas the concluding, tragedy of the Civil War. The State which had been at the forefront of the revolution had be come the bloody theater of battle. From the Tennessee River to Atlanta, Sherman and Johnston had grappled with deadly firry down the mountain defiles; then Cheatham and Wheeler harassed, him at jVIacon and united for a final siege of Savannah. The granaries and workshops of the Confederacy "were gone when Georgia was

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devastated--as General Ix;rd Wolseley paid, Sherman's invasion was a sword thrust through the vitals of the young nation, liobert Toombs had followed his own idea of meeting the invader as soon as he. struck an inch of State soil and fighting him as long as a ma,n remained. From the fruitless defense of Savannah, Toombs hast ened to discuss the situation with Governor Brown. He happened to be dining with him that April clay when the news came of the surren der at Appomnttox. The two 711011 looked at each other intentl)", when they realized that all was ovo.r.
Toombs and Brown had been closely allied since the day that the latter W~RS nominated for Governor in 1857. They had fought campaigns too-ether. Toombs had sustained Governor Brown's war policy almost to the letter. Now they shook hands and parted. Henceforth their paths diverged. Ways of bitterness put that friendship to a.n end. Both men worked his course during reconstruction as he saw lit. But political differences deepened almost into personal feud.
General Toombs repaired to his home in Wash ington and, on the, 4th of May, 1865, Jefferson Davis, his Cabinet and staff, having retreated from Richmond to Danville, thence to Greensboro, N. C., and Abbeville, S. C., rode across the country -with.

2S3

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ail armed escort to ^Vashingtoii, Ga, TIere, ill tlie old Heard House, the last meeting of the Confeder ate Cabinet -was held. The members separated, and the civil government of the Southern Con federacy passed into history. There were present John C. Breckeiiridge, Secretary of ^Var; John II. Reagan, Postmaster-Genera], besides the mem bers of Mr. Davis' staff. The Confederate Presi dent was worn and jaded. lie looked pale and thin, but was plucky to the last. After the sur render of Lee and Johnstoii, he wanted to keep up the warfare in the mountains of Virginia, and in the country west of the ^Mississippi, but he was finally persuaded that the Confederacy must cease to struo-gle. On the public square of AVashingtou the little brick house, with its iron rail and its red walls, is still pointed out to the visitor as the spot where the l^avis government dissolved. It was a dramatic fate which determined its dissolution at the home of Robert Toombs. He had been present at its birth. ITis had been one of the leading spirits of the revolution. He had served it in the Cabinet rrad field, he had been pressed for the posi tion of iis chief magistracy, and now ill the shadow of his own rooftree its concluding1 council was held. General licagan was a guest of General Toombs during his stay- in Washington, as was General St. John and ilajor Ivaphael ,1. Closes, who had. been a member of Toombs' staff. In

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the evening General Toombs called General Reagan into a room by himself and inquired whether the latter needed nay money. Genera! Reagan said he liad money enough to take him to Texas. Then General Toombs inquired after Mr. Davis, and asked Avhether he had any money. " I told him no," says General Reagan, "but that I had money enough to take us both West of of the Mississippi, and had told Mr. Davis so. I had no doubt but that ho would rely on that." General Toombs (hen asted if Mr. Davis was well mounted. "I told him yes, that he had his bay horse Iveiitucky, and that after the stirrender General Lee had sent his line gray Trav eler, by his son Robert, around through Lynchbiirg to Mr. Davis at Greeuesboro, "N. C." " Well," said General Toombs, with thonghtfillness, "Davis and 1 had a quarrel once, but that is over now. .1 am at home and can command money and men, and if Mr. Davis wants anything1, I shall be glad to fur nish it." General Toombs added that under terms of the convention between Sherman and .Johnston, Mr. Davi.s was entitled to go where he pleased between that point and the Chattahoochee, River. "1 wish you would say to Mr. Davis/'.said Toombs, in his bluff way, "that, if necessary, I will call my men around me and see him safe to the, Chattahoochee at the risk of mv life,.''
On his return to the hotel Mr. Reagan gave

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General- Toonibs' message to Mr. Davis, and told the latter of tlie inquiries and offers. " That iw like Toonibs," said Mr. Davis. " He was always a whole-souled man."
The four men whom the AVashington govern ment wanted to arrest and hold responsible for the war were Toombs, Davis, Slidel], and Itowell Cobb. Their friends understood this perfectly, and each man was nrged to make Ins escape. Jefferson Davis was arrested in Irwiii County, Ga., on May 10. Tie was rapidly making his way to the West, and was trying to reach Texas. How General Toombs finally escaped must be re served for a more extended recital.
General Toombs and Mr. Davis never met but once after the war. It was unexpected, dramatic. Some years after General Toombs had returned from his long exile, and Mr. Davis was just back from his trip to England, the ex-presi dent visited Ijookoiit Mountain, Tennessee, the giiest of the poet Sidney Lanier. He liere ap peared at his best in the company of sympa thetic and admiring friends, and charmed every one by his polish and learning. The day before Jefferson Davis left, General and Mrs. Toonibs ar rived at the mountain. Mr. Davis was, at that time, absent on a horseback trip. He was fond of riding, and had gone over to see some of the fine views of the mountain and to inspect the fields

WITH THE GEORGIA MILITIA.

2HE

where recent battles had raged with so much fury. The hotel was kept by a Northern man who knew nothing1 of the relations between Mr. Davis and General Toombs, and he believed the thing to do was to put General and Mrs. Toombs in a vacant room, of the cottage occupied by Mr. Davis. It was a small house, with a piazza extending along the front. It so happened that the Toonibses, who had just learned of Mr. Davis' presence at the hotel, were sitting on the piazza chatting with friends when Mr. Davis came up. Mr. Davis had also heard of General Toombs' arrival at the hotel, but neither knew that the other was domiciled in the same cottage. To General Toombs the appearance was as if Mr. Davis had come at once to make a cordial call. No one could be more hospitable and polite than Toombs, and this apparent chal lenge to friendship brought out the best, side of his nature. The men met with considerable warmth. From General Toombs Mr. Davis ad vanced to Mrs. Toombs. Between these two the meeting was profoundly affecting. He embraced her tenderly. Toombs and Davis had been friends and neighbors years ago in Washington City, and Mr. Davis had been extremely fond of Mr. Toombs' family. The distinguished party soon fell into friendly conversation. Next day Mr. Davis left Lookout Mountain. He never met Robert Toombs again.

CHAPTER XXIV.
T001UUS AS A
AT the conclusion of the war, Secretary Stauton issued specific orders for the arrest of Jefferson D.-ivis, Alexander H. Stephens, and Robert Tooinbs. All-. Stephens was arrested rjnietly tit his own home in Craw ford ville on the 12tli'of May, 1805, two days after Mr. .Davis had been overtaken, On the, same day a squad of soldiers, most of them negroes, reached Washington, Ga. They were commanded by General Wilde, and their orders were to take Genera] Tooinbs in charge. One of the colored troops marched up town with the photograph of Tooinbs, which they had proeiifed to identify him, impaled upon Ins bayonet. Gen eral Toombs was, at the time, in his private office at his residence. Hearing the noise in. his yard, he walked out of his basement to the corner of his front steps. There he perceived the squad and divined their purpose. " By God, the blnecoats ! " was all he said. Waiting quickly through his back lot, he strode across his plantation and dis appeared. By this time the guard was clamoring at the front door, and Mrs. Toombs went out to meet them. " Where is General Toombs ? " the

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287

commander asked. " He is not here," the lady answered firmly. A parley ensued, during which Mrs. Toonibs iiiaiiuged to detain the men long enough to enable her husband to get oat of sight. "Unless General Toombs is produced, I shall burn tin: house/' retorted the officer. ]\;[rs. Toombs blanched a little at this, but, biting her lip, she turned ou her heel, and coolly replied : " Very \velJ, burn it." Among the listeners to this colloquy was a young mail just returned from the Con federate army. lie was moved -with indignation. He still wore the gray jacket, and was deeply anx ious for the Toombs family. He had been a neighbor to them all his life, as had his father before him, and he shared the pride, -which the village felt for its most distinguished resident.
He was the son of lion. I. T. Irvin, a prominent public man and lifelong friend of General Toombs. .Preparations were made for the threatened fire. General Toombs did not come out. Furniture was moved and papers destroyed, but the young Confederate -was soon convinced that the threat was a mere bluff. Relieved on that point, his loyal spirit yearned toward the fugitive. Charles E. Irvin "was the name of the yonng man, and he had seen service in the artillery under Long-street. !Nrot yet twenty-one years of agve, he was fired with ardor arid devotion, and had already resolved to aid General Toombs in escaping.

BBS

ROBERT TOOMliS.

Riding over to a neigbor's bouse, Mr. J. T. AVingfleld, lie failed to ibid his friend, but left word for General Toombs to let him know whereto meet him with his horses. That night about two o'clock Lieutenant Irvin got word from General Toombs to bring his horse to Kick Chenault's by seven o'clock in the morning. This was a farm about eighteen miles from A\rashing'ton, near the Broad River. Here General Toombs mounted his trusted horse and felt at home. It was the famous mare Gray Alice, which had carried him through all his campaigns. lie hud ridden her during the charges at Ai'tietam, and she had borne him from the fire of the scouts the night he, had received his wound. Once more he pressed her into service, and Kobert Toombs, for the first time in his life, was a fugitive. This man, who commanded men and had gained, his own way by sheer brain and combativeness, fled by stealth from a dreaded enemy. It was a new role for Toombs. His plucky young guide was resolved to accompany him in his flight--it might be to his death ; it was all the same to Lieutenant Irvin. Hiding swiftly into Elbert Comity, the two men crossed over to Ilarrison Landing, a picturesque spot on the Savannah River. Here dwelt an old man, Alexander LeSeur, who led something of a hermit's life. Before the war lie had been a, "Know-nothing," and had been exposed to Toombs' withering- fire upon that class

TOOMBS AS A FUGITIVE.

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of politicians. _LeSeur met the fugitive with a laugh and a friendly oath. " You have been fighting me for forty years," he said, "and now that you are in trouble, I am the first mail you seek for protection."
(_fencral Toombnhad not traveled too fast. The country was swarming with raiders. News of the capture of Davia and Stephens had fired these men with desire to overhaul the great champion of secession. A Federal major, commanding a force of men, put up at Tate's residence, just op posite the hermit's island. While there, a negro from the LeSeur place informed the officer that some prominent man vras at the house. "If it ain't Jeff Davis, it is just as big a man," said he. The hint was talcen. The island was surrounded and carefully watched, but when the party went over to capture Toombs, the game was gone.
General Toombs now started out carefully up the Savannah River. Til Elbert, lie was in the .hands of his friends. This county, which had first encouraged the struggles of the young law yer, which had followed him steadfastly in his political fortunes, which had furnished soldiers for his brigade, now supplied protectors at every step. Before leaving this county lie was initiated into a Masonic lodge, and took the first degrees of the order. More than once the signs and symbols of the mystic brotherhood stood him in good stead

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on tliis eventful trip. He was afterward a high Mason, and remained to Lis deatli a devoted friend of the order.
Continuing his journey alone lie stopped at tlie Tug-tiloo River in ITabersham County, and re mained at the house of Colonel Prather until Lienteuaiit Irvin, whom lie had sent baek to AVashington with letters, could rejoin him with funds and clothing. Here his young companion soon, found him, bringing-, besides letters from home, some astonishing news.
"General," said lieutenant Irvin, "what do you think? Your friend General Joseph E. Brown has sold out the State of Georgia, and gone over to the Kepublican party."
Toonibs glared at him savagely. "For the first time on this trip," says Lieuten ant Irvin, "he looked like he wauled to kill me. He broug-ht his fist d"own heavily upon the table and said: '-By God, I don't believe it!' " ' A\rell here it is in black and white.' " Lieutenant Irvin gave him the paper in which was printed Governor Brown's famous address to the people of Georgia. " This news," said Lieutenant Irvin, " absolutely sent the old man to bed." Toornbs remained a weelz at Colonel Prather's, and in the meantime sent Lieutenant Irviii to Savannah with important letters. He desired to

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391

escape, if. possible, through tlie port of Savannah. Tlie Savannah friends were not at home, how ever, and Lieutenant Irvin, bearing these import ant letters, actually fell into the hands of the enemy.
He was a high-strung, plucky young fellow, and was reproved, by a Federal officer for continuing to wear brass buttons. Irvin retorted sharply, and - was Imrried into prison. Fearing that he -would be searched and his papers found, he slipped them to a friend, undetected by the guard. After re maining in prison for several hours, Lieutenant Irviu. was released and censured by the officer, who reminded him that there were bayonets about him.
"Yes," retorted young- Irvin, "and brave men always avail themselves of such advantages."
Trudging back from Savannah, Lieutenant Irvin found General Toombs at the Kerubert place, near Tallalah Falls. This was a beautiful home in a wild, picturesque country, where Tooiubs was less liable to capture than in middle Georgia, and where he -was less known to the people. Gen eral Toombs had already procured the parole papers of Major Luther Martin, of Elbert County, a friend and member of his former command. He traveled under that name, and was so addressed by his young companion all along the route. Gen eral Tooinbs passed the time deer-hunting in tlabersham. He had the steady hand and fine eye of

303

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a sportsman, and lie was noted for bis horseman ship and endurance.
Returning toward Washington through Albert County, General Toorubs decided to spend a night with Major Martin. Lieutenant Irvin stoutly op posed this and warned him that if the enemy were to look for him anywhere, it would certainly be at Martin's house. Turning down the road, he finally concluded to put tip at the house of Colonel W. H. Mattox. It was well lie did. That night a party of thirty soldiers raided the Martin planta tion on a hot trail, and searched thoroughly for Toombs.
During his travels General Toombs did not wear a disguise of any sort. Dressed in a checked suit, and riding his gray mare, he was a prominent ob ject, and to most of the people was well known. One day he wore green goggles, but soon threw them away in disgust. The nearness of troops forced General Toombs to abandon his plan of going home for his family before leaving the coun try. Be dispatched Lieutenant Irvin to Wash ington with letters to his wife, telling her that he would not see her again until lie had gone abroad, when he would send for her to join him. He him self passed through Ceutreville, twelve miles from his home, and directed his young guide where to meet him in middle Georgia. This Lieutenant Irvin found it very hard to do. General Toombs

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was very discreet as to "whom be took into his confidence. Once or twice lie cautioned his companion against certain parties, to the surprise of the young THRU. Toombs, however, read human nature pretty well, and, later, when the real char acter of these persons developed, Irvin understood the counsels of his older friend. So carefully did General Toombs cover his trucks that TJeutennnt Irvin, after his detour to Washington, was a long time in overtaking him. Traveling straight to Sparta, Lieutenant Irvin called on Judge Liiiton Stephens and asked about the general. This shrewd (.reovgia,ii came to the door and riatly de nied knowing anything about Toombs.
"He questioned me closely," said Lieutenant Irvin, " and finding that I was really who I pre tended to be, finally agreed to take me to Toombs. Riding down to Old-Town, in Jefferson County, we failed to find Toombs, but receiving a clew that he had passed through the David Dickson planta tion in Hancock County, I accosted Mr. Wortlien, the manager. ' Has an old man riding a gray horse passed this way,' Worth en was asked. He promptly answered, *]Sro.' Believing that he was deceiving me, I questioned him more closely."
Worthen tried to persuade the young man to get down and take some plums. He was evidently anxious to detain him. Finally he eyed the stranger more closely, and, convinced that he was the com-

284

SOB&BT TOO31BS.

panion whom Toonibs expected, lie confessed that General Toombs had been at his place and was then at the home of Major Gonder in Washingtoll County.
Lieutenant Twin, had ridden over two hundred miles in this search and lost two or three days out of his way. Toonibs covered his trail so care fully that it was difficult even for his friends to find him. Small w~onder that he was not captured by the enemy.
Lieutenant Irvin was not yet "out of the woods." lieaching the home of Major Groncler late in the evening, he rode up to the front fence, fifty yards from the dwelling. Mrs. Gonder and her daughter were sitting on the piazza. Lieutenant Irviri asked the usual question about the old man and the gray horse. The lady replied that she knew nothing about them.
Lieutenant Irvin said: "But I was directed to this place."
Mrs. Gonder: " I should like to know who sent you."
Lieutenant Irvin: " But has no one passed or stopped here, answering my description ? "
Both ladies were now considerably worked up; the younger scarcely suppressed her amuse ment.
" Come, ladies," said Lieutenant Ir^'in, " I see you both know more than voii will confess."

AS A FTJQITITB.

205

"If I do, I will die before I tell it," naively replied tlie elder.
"Sow I know you know where General Toombs is."

" Then get it out of me if you can." Finally the young1 man persuaded her that he was the friend of Toonibs, and Mrs. Gonder re luctantly directed him to Colonel Jack Smith's over on the Ocoiiee liiver. Riding; up to Colonel Smith's, his valiant pur suer spied General Toombs through the window. The head of the house, however, denied that Toonibs was there at all. " But that looks very much like him through the window " said Lieutenant Irvin. " Young man," retorted Colonel Smith, " what is your name ?" Of course this disclosure led to the reunion of the fugitive and his friend. Toombs realized that he was in almost as much danger from his own friends as from the enemy. He was careful to whom he disclosed his identity or his plans, for fear that they might indiscreetly comment on his presence or embarass him even by their willingness to befriend him. So it was that he proceeded secretly, picking his way by stealth, and actually doing much of his travel by night. At the home of Colonel Jack Smith, the two meu remained a week to rest their horses and take

396

ROBERT TOO3ISS.

their bearing's. General Toombs spent much time on the Oconee trolling for trout, while bodies of Union cavalry were watching the ferries and guarding the fords, seining for bigger fish.
Passing into Wilkinson County, General Toombs stopped at the home of MV. Joseph Deas. When Lieutenant Irvin asked if the pair could come in, Deas replied, "Yes, if yon can put up with the fare of a man who subsists in Sherman's track."
A maiden sister of Deas lived in the house. With a woman's sensitive ear, .she recognized Gen eral Toombs' voice," having heard him speak at Toombsboro seventeen years before. This discov ery, she did not communicate to her brother until after the guests had retired. Deas had been dis cussing polities with Toombs, and his sister asked him if he knew to whom lie had been talking al] night ? Deas said lie did not.
" Joe Deas," she said, "are you a fool? Don't you know that is General Toombs ? "
Strange to say, a uegro on the place, just as they were leaving, cried out " Good-by, Marso Bob." Ife had driven the family to the speaking seventeen years before, and had not forgotten the man who defended slavery on that day.
"Good Lord!" said Toombs, "go give that negro some money."
This same negro had been strung up by tho

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thumbs by Sherman's troops a few months before because he would not tell where his master's mules were hidden. He piloted General Toombs through the woods to the home of Colonel David Hughes, a prominent and wealthy farmer of Twiggs County. Colonel Hughes had been in Toombs' hriga.de, and the general remained with him a week.
General Toombs was sitting on the piazza of Colonel Huglies's house one afternoon when an old soldier asked permission to come in. He still wore the gray, arid was scarred and begrimed. He eyed General Toombs very closely, and seemed to hang upon his words. tie heard him ad dressed as Major Martin, and finally, when he arose to leave, wrung the general's hand.
" Major Martin," he said, brushing the tears from his eyes, " I'm mighty glad to see you. I wish to God I could do something for yon."
At the gate lie turned to Colonel Hughes and said: " I know -who that is. It is General Toombs. You can't fool me."
" "Why do you think so?" Colonel Hughes asked. "Oli, I remember Gray Alice jumping the stone walls at Sharpsburg too well to forget the rider now." " Colonel," he continued, " this morning a man near here, who is a Tiepublican and an enemy of General Toombs, thought he recognized him near

203

ROBERT TOOMBS.

your house. He saw him two hundred yards away. I heard him any lie believed it was Toombs and he wished ho had hie head shut off. I came here to-night to see for myself. You tell General Toombs that if he says the word, I will kill that scoundrel as sure as guns."
The veteran was persuaded, however, to keep quiet and do nothing of the sort.
It was at tliis time that Lieutenant Twin found that the ferries of the Ocmulg'ee River were guarded from one end to the other, Near this place Davis had been captured and the Union troops were on a sharp lookout for Toombs. Con vinced that further travel might be hazardous, General Toombs and his friend rode back to the mountains of North Georgia, and there remained until the early fall. It was in the mouth of Octo ber that the fugitives again started on their check ered flight. The May days had melted into summer, and summer had been succeeded by early autumn. The crops, planted when he started from home that spring day, were now ripening in the fields, and Northern statesmen were still declaring that Toombs was the arch-traitor, and musk be ap prehended. Davis was in irons, and Stephens lan guished in a dungeon at Fortress Mouroe.
Passing once more near Sparta, Ga., Toombs met, by appointment, hie fiionds, Linton Stephens, R. M. Johnson, AV. "W. Simpson, Jack Lane, Edge

TOOMBS AS A 'FUGITIVE.

290

Bird, and other kindred spirits. It was a royal re union, a sort of Lucretia Borgia feast for Toombs --" eat and drink to-day, for to-morrow we may die."
Traveling their old road through Washington Comity, they crossed tlie Ocmulgee, this time in safety, and passed into Houston County. The Federals believed Tombs already abroad and had. ceased to look for him in Georgia. After the pass age was made General Toombs said: " Charlie, that ferryman eyed me very closely. Go back and give him some money."
Lieutenant Irvin did return. Tne ferryman refused any gift. He said : " I did not Avant to take what yon did give me." Irvin asked the reason. The ferryman said: " Tell General Toombs I wish to God I could do something for him."
General Toombs had a wide personal acquaint ance in Georgia. He seldom stopped at a honse whose inmates he did not know, and whose rela tives and connections he could not trace for genera tions. Sometimes, Avhen incognito, the two men were asked where General Toombs was. They answered, " Cuba,"
At Oglethorpe, in Uacoii County, General Toombs rode right through a garrison of Fed eral soldiers. As one of his regiments came from this section, General Toonibs \vas afraid tliat some

300

ROBUST TOOMBS.

of his old soldiery might recognize him on the road. A Federal officer advanced to the middle of the street and saluted the travelers. Their hearts bounded, to their throats, arid, instinctively, two hands stole to their revolvers. Pistols and spurs were the only resources. Chances were des perate, but they were resolved to take them. The officer watched them intently as they rode leisurely through the town, but he was really more inter ested iu their flue horses, " Gray Alice" and " Young Alice," than in the men. Jogging un concernedly along until the town was hidden by a hill, General Toombs urged his horse into a run, and left "his friends, the enemy," far in the rear. It was a close call, but he did not breathe freely yet. There was possibility of pursuit, and when the party reached the residence of a Mr. Brown, a messenger was sent bade to the town to mislead the soldiers should pursuit be attempted. !Krom the hands of the enemy, General Toombs and his friend were now inducted into pleasanter scenes. The house was decorated with lilies and orange blossoms. A w7edding was on hand, arid the bride happened to be the daughter of the host. Brown was a bravo and determined man. He assured General Toombs that when the wedding guests assembled, there would be men enough, on hand, should an attack be made, to rout the United States ganison, horse, foot, and dragoons. At

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301

Dr, Haloes' place, on the Chattahoochee River, a liorse drover happened to say something about Toombs. He gave the statesman a round of abuse and added : " Aud yet, they tell me that if I were to meet General Toombs and say what I think of him, I would either have a fight or he would convince me that he was the biggest man in the world."
Tired of the long hoi-seback ride, having been nearly six mouths in the saddle, the men now secured an ambulance from Toombs' plantation ill Stewart County, and crossed the river into Alabama. His faithful mare, which lie was forced to leave behind, neighed pathetically as her mas ter rode away in a boat and pulled for the Ala bama shore. At Evergreen they took the train, and it seemed that half the men on the cars recognized General Toombs. General Joseph Wheelei-, who was on board, did not take his eyes oft' him. Toombs became nervons under these searching glances, and managed to hide his face behind a paper which he was reading. At Tensas Station he took the boat for Mobile. There was a force of Federal soldiers on board, and this was the closest quarters of his long journey. There was now no chance of escape, if detected. Tlie soldiers frequently spoke to General Toombs, but he was not in the slightest way molested.
At Mobile General Toombs took his saddle-

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bags and repaired to the home of Lift I'riencl Mr. Evans, about four miles from tlie city. There lie was placed in the care of Howard Evans and his sister, Miss Aiigusta J. Evans, ilie gifted Soutkem autliorcss. Anxious lo conceal the identity of tlieir guest, tliese hospitable young people dismissed their servants, and Miss .Evans her self cooked, and served General Toombs' meals with her own hands. She declared, with true hospitality, that she felt it a privilege to contrib ute to the comfort and insure the safety of the brilliant statesman. She Avas a Georgian herself, and with her this was a labor of love.
These were among1 the most agreeable moments of General Toombs' long exile. He loved the companionship of intellectual women, and the con versation during those days \vas full of brilliant interest. Miss POvans was a charming talker, as bright as a jewel, and Toombs was a Chesterfield with ladies. The general would walk to and fro along the shaded walks and pour forth, in his matchless way, the secret history of the ruin of Confederate hopes.
General Toombs wrote home, in courtly enthu siasm, of his visit to Mobile. Mr. Stephens sent Miss !Bvans a warm letter of thanks for her atten tions to his friend. "I have," said he. "just re ceived a letter from General Toombs, who has been so united with me in friendship and destiny

'AS A fuerrrvj'j.

sos

all our lives, giving1 such account of the. kind at tentions he received from you and your father wln'le in Mobile, that I cannot forbear to thank you and him i'or it in the same strain and terms as if these attentions had been rendered to myself. A\7 hut you did for my friend, in this particular, 5rou did for me."
While General Toombs was in Mobile, General Wheeler called upon the Kvans family and re marked that he thought he had seen General Toombs on the train. Miss Evans replied that she had heard Genera] Toombs was in Cuba.
.Lieutenant Irviu went to Kew Orleans and secured from the Spanish Consul a pass to Cuba for "Major JjUther Martin." At Mobile General Toombs took the boat Creole for !NV,w Orleans. He seemed to be Hearing the end of his long journey, hut it was on this boat that the dramatic incident occurred which threatened to change the course of his wanderings at last. While General Toombs was at supper, he became conscious that one of the passengers vra.s eying him closely. He said to Lieutenant Irvin : " Charlie, dou'fc look up now, but there is a man in the doorway who evidently recognizes me."
"General, probably it is someone who thinks he knows you."
" No," replied Toombs quietly, " that man is a spy."

TOOMBS.
Lieutenant Irvin asked what should be done. Toombs told him to go out and question
the man ami, if convinced that he was a spy, to throw him over the stern-rail of the steamer. Lieutenant Irvin got up and went on deck. The stranger followed, .him. Try in, walked toward the rail. The stranger asked him where he was from. Tie answered " .North Carolina.'"
"Who is that with you?" he questioned. " My uncle, Major Martin," said Twin. The man. then remarked that it looked very much like Robert Toombs. Irvin answered that the likeness had been noted before, but that he could, not see it. "Young man," said the stranger, "I don't want to dispute yoirrworcl, but that is certainly Toombs. I know him. well, and am hiw friend." Irvin then gave up the idea of throwing him overboard. Had the brave young officer not been: convinced that the party questioning' him was Colonel M. C. "Fulton, a prominent resident of Georgia, he says he would, certainly have pitched him into the GJulf of Mexico. General Toombs, when informed of the identity of Colonel I7" niton, sent for him to come to his room, and the two men had a Ioi5g and friendly conv ej vsati on. Arriving at ISTew Orleans General Toombs drove

TOO3IBS AS A 1tTGITIVE.

306

up to the residence of Colonel Marshal J. Smith. On the 4th of November, 18(>5, lie boarded the steamship Alabama, the first of the Morgan line put on after the Avar between New Orleans, Havana, and Liverpool. A tremendous crowd had gathered at the dock to see the steamer off,, and Lieutenant Irvin tried to persuade General Toornbs to go below until the ship cleared- But the buoyant Georgian persisted in walking the Jock, and was actually" recognized, by General Humphrey Marshall of Texas, who had known him in the Senate before the war.
" No," said Toombs to his companions expostu lations, "I want fresh air, and I will die right here. I am impatient to get into netitral waters, when I can talk. I liave not had a square, honest talk in six months."
l>y the time the good ship had cleared the harbor, everybody on board knew that Robert Toonibs, " the lire-eater and rebel," was a passenger, and hundreds gathered around to listen to his matchless conversation. .
Lieutenant Irvin never saw General Toombs again until ] 8(38. He himself was an officer of the Irvin artillery, Cutts battalion, being- a part of "Walkers artillery iu Loiigstreets corps. Enter ing the army at seventeen years of age, Charles E. Irvin was a veteran at twenty-one. He was brave,

1

303

UOVERT TOOJIJ1S.

alert, tender, and true. lid recalls that when his company joined the army in Richmond, Kobert Toombs tlieu Secretary of State', gave tiieiii a handsome supper at the Exchange Botel. "I remember,"' said lie, " \vitli infinite saUsf.-ietion, that cliu-ing tlie seven, mouths I accompanied General Toombs, in the closest relations and under the most trying positions, lie vras jiever once impatient with me." frequently, on this long and perilous journey, Toombs would say ; "Well, my Ijoy ! snj:>pose the Yankees find us to-day; what will you do?" " General, you say you Avon't be taken alive. I reckon they will have, to kill me too."
Geneva! Toombs often declared that he would not be captuved. Imprisonment,- trial, and exile, he did not dread ; but to be carried about, a prize captive raid a curiosity through "Northern cities, was his constant fear. lie was prepared to sell his life dearlj-, and there is no doubt but that he would have done so.
During all these trying days, Toombs rode with the grace and gayety of a cavalier. Ho talked incessantly to his young companion, who eagerly drank in his words. He fought his battles over again and discussed the leaders of the Civil War in his racy style. He constantly predicted the col lapse of the greenback system of currency, and

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307

speculated facetiously each (lay upon the cliances of capture. He calculated shrewdly enough his routes and. plans., and when lie found himself on terra, fiwrin, it AVIIH under the s<.>ft sides of the Antilles with a foreign iiuo: al>ove hun.

1
CHAPTER XXV.
WI'JMIOVT A COUNTRY.
Cuba General Xoombs proceeded to Paris. It was early in July before lie reached Ins ue\v stopping place. He found himself somewhat restricted in funds, us lie had not had time to turn his property into gold to make his trip abroad. It is related that just after tine departure of the famous " specie train, 1' through AYrashmg(:on in the wake of Mr. Davis' party, a Confederate horseman dashed by the residence of General Toombs and threw a bag of bullion over the fence. It was found to contain five thousand dollars, but Toombs swore he \vould not even borrow this amount from his government. He turned it over to the authorities for the use of disa,bled Con federate soldiers, and hurriedly scraped np what funds he could command in case he should be compelled to fly. Arriving in Paris, General Toombs succeeded in selling one of his planta tions, realizing about five dollars an acre for it. He used to explain to the astounded Frenchmen, during his residence abroad, that he ate an acre of dirt a day.
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WITHOUT A COUNTRY.

309

G-eneral Toombs repaired to Enghien, wdiere lie took a course, ol' sulphur baths for the benefit of his throat. Constant exposure with the army and iu his night had brought on his old enemy, the asthma. He had been a healthy man, having long passed the limit of manhood before he tasted medicine. Late in life, an attack of scarlet fever left his throat in a delicate condition.
Mrs. Toombs joined him in Paris in .Trdy, 1865, and he passed eighteen months quietly with her in Europe. It was in marked contrast to his tout in 1855, when, as United States Senator, he had gone from place to place, observed, honored, and courted. He was now an exile without a country. He had seen his political dreams wiped out in blood and his home in the hands of the enemy. From the dignity and power of a United States Senator and a possible aspirant to the Presidency, he had been branded as a conspirator, and forced, like Mirabeau, to seek shelter in distant lands.
France was, at that time, in a state of unrest. Ijonis ?Sn pole/on was watching with anxiety the eagles of Prussia hovering over the German Con federation. Austria had already succumbed to Prussian power, arid Tsapoleoii had been blocked in his scheme to secure, from this disorder, his share of the Kheuisli provinces. Toombs, who had fled from a restored Union in America, now

810

ROBERT TOOMBS.

watched the march of consolidation in Europe, and predicted its final success.
General Toombs was an object of interest in Europe. His position to-ware! the American gov ernment prevented his public recognition by the rulers, but he used to relate with zest his interviews with Carlyle, the Empress Eugenie, and other not ables. He was a man to attract attention, and his talk was fascinating and bright.
He was sometimes sought in a legal way by prominent financiers, who asked his opinions upon fiscal matters in America. There is no doubt but that, like Judali P. Benjamin, lie could have built up a large practice abroad, had he cared to do so ; but permanent residence away from home was en tirely out of his mind.
In December, 1866, General and Mrs. Toombs received a cable message telling them of the death of their only daughter, Mrs. Dudley M. DuBose, in Washington, Ga. Mrs. Toombs at once returned home, leaving the grief-stricken father alone in Paris. Anxious to go back with her, he was ad vised that matters were still unsettled in the United States. The impeachment of Andrew John son was in progress, and his conviction meant re stored martial law for the South. So the days were full of -woe 1 for the lonely exile.
On December 25, 1.806, lie writes a beautiful and pathetic letter to his wife. ^Vhile the deni-

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311

Kens of tli6 gay city were deep in the celebration of the joyous Christmas feast, the Southern wan derer, " with heart bowed down," was passing through the shadows, and suffering in silence the keenest pangs of affliction. Around him the vo taries of fashion and wealth were flush eel with gayety. Paris was in the ecstasy of Christmastide. But the depths of his soul were starless and chill, and in the midst of all this mirth one heart was tuned to melancholy. He writes to his wife :
The nitrlit yon left I retired to the roocn and did not go to sleep until after two o'clock. I felt so sa<! at parting with yon and conld not help thinking what a long dreary trip yon had that night. I shall have a long journey of nVe thousand miles to tfavona, and do not know that I shall meet a human being to whom I am known, but if I keep well I sliall not mind that, especially as I am home ward bonnd ; for my hearthstone ia desolate, and clouds and darkness hover over the little remnant that is left of us, and of all our poor friends and countrymen ; and, when you get home, Washington will contain nearly all that is dear to me in this world. I remained alone yesterday after . I got up and went to my solitary meat. I immediately came back to niy room, and have seen nothing of Christmas in Paris.

On January 1, 186T, he writes :
This is the first of the new year. ETow sad it opens upon me ! In aforeign land, \virh all that is dear to me on earth beyond the ocean, uithtT on 1^^ -.vrv to a distant home or at its desolate Preside. AVel:, i aiiail not nurse such gloomy

TOO1IB8.
ideas. J^ct us hope that the ne\v vear may be happier and that we may grow better- God knows I cannot regret that I860 Is g-one. I hope Its calamities will not enter with us into 1867. I had hoped to hear from. ISTew York of your safe arrival on the other side of the ocean.
The loss of liis daughter Sallio was a severe blow to General Toomhs. But two of Ms chil dren, lived to be grown. His eldest daughter Louise died in 1855, shortly after her marriage to JVIr. W. F. Alexander. General Toombs had a son who died in early childhood of scarlet fever. This was a great blow to him, for he always longed for a son to beat1 his name. Away off in. Paris his heart yearned for his four little grand children, left motherless by this new affliction. He writes again from Paris :
T almost determined to take the steamer Saturday and run the gauntlet to New York, I would have done so but for my promise to you. T know everything looks worse and worse on our side of the ocean, but when will it be any better? Is this state of things to last forever ? To me it is becoming intolerable. .... Kiss the dear little chil dren for me. Bless their hearts ! How I long- to see them and take them to my anus. God bless voti ! I-Vay for me that I may be a better man in the new year than in all the old ones before in my time.
Early in .January General Toombs decided to sail for Cuba.and tlicuce to INTew Orle;ms, If he found it unsafe to remain in the South lie con cluded he coultl either go back to Cuba or extend

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Ms travels into Cariada. He bad pro?ui sed his wife he would remain abroad for the present. But lie writer :

The worst that can happen to me is a prison, arid I don't see much to choose between my present condition and any decent fort. 1 feel so anxious about you and the children that it makes me. very wretched.

From Paris, January 16, 1867, lie writes :

My preparations are all complete, and I leave to-morrow on the New ~\}7<n'ld for 3-[av:ij)a and iNew Orleans, tyut ]NIartinique. I am. well ; except my throat. I shall liave a long1 and lonesome voyage, with riot much else to cheer me bnt that I shall find you and our dear little ones at the end of my journey. 1L' I am permitted to find you all well, I shall be compensated for its i'atig-ues and dang-ers. God grant that we may all meet once more in this world in health !
Yours truly and. affectionately, as ever,

,

TOOMBS.

General Toonibs returned to America and after a short residence in Canada \voivt to AVasliirigton, Avliere lie )iad a long inter\T iew with Iris old sena torial colleague, President Andrew Johnson. He went home from \\ abhingtori and was never ag-ahi molested. tie made no petition for relief of political disabilities. He was never restored to citizenship. AYhen Ilouorahle Samuel J. liandall proposed his General Amnesty Act in. 1875, Mr. Blaine and other Kepnblicans desired to exclude from its provisions the names of T_)avis and Toom/bs. The Democrats would not accept this amendment,

and the bill was never passed. Once, when Sena tor Oliver P. Morton asked Greneral Tooinbs \vliy ne did not petition Congress for pardon, Tooinbs quietly answered, " Pardon for what ? I have not paixlonecl you all yet."

CHAPTER
General Tooinbs finally returned to Georgia it was with a great part of his fortune gone, his political career cut oft by hopeless disability, and his household desolate. These were serious calamities for a mail fifty-seven years of age. He found himself forced under new and unfavorable conditions to build all over again, but he set about it in a vigorous and heroic way. His health was good. He was a splendid specimen of man hood. His once raven locks were gray, and his beard, which grew out from his throat, gave him a grizzly appearance. His dark eye was full of fire and his mind responded with vigor to its new work.
When General Toombs arrived at AVashington, Ga., he consulted some of his friends over the advisability of returning to the practice of law, "which he had left twenty-five years before. Their advice was against it. Things were in chaos; the people were impoverished, and the custodians of the courts were the creatures of a hostile govern ment. But Hubert Toombs was made of different
. 315

316

HOSKBT TOOMBS.

stuff. Associating himself in the practice of his profession with General Dudley M. "DuBose, who had been his chief of staff, and was his son-in-law, an able and popular man in the full vigor of manhood, Geiieral Xoornbs returned actively to the practice of law. He was not long in tnriiing to practical account his great abilities. Success soon claimed him as an old favorite. ^Business accumu lated and the ex-senator and soldier found himself once more at the head of the bar of Georgia. Large fees were readily commanded. He was employed in irnporfcant cases in ererr pai't of Georgia, and the announcement that Robert Toombs was to appeal' before judge and jury was enough to dmw large crowds from city and connti'y. Plis old habits of indomitable industry returned. He rode the circuits like a young barrister again. lie was a close collector of claims, ail admirable administrator, a safe counselor, and a bold and fearless advocate. In a .short lime General Toombs' family found themselves once more in comfort, and he was the same power with the people that he had always been.
Out off from all hope of official promotion, scorning to sue for political pardon, he strove to wield ill the courts some of the power lie forfeited iu politics. He "figured largely in cases of a public nature, and became an oiitspoken tribune of the people. He did not hesitate to face the Supreme

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Court of Georgia, then made up of llepublican judges, and attack the laws of a "Republican legis lature. Among the bills parsed at that time to popularize tlic legislature with the people, was a series of liberal homestead and exemption laws. They were the relief measures of 18G8. 13 y these schemes, at onee vigorous and sweeping, millions -of dollars were lost in Georgia. They were intended to wipe out old debts, especially contracts made during the war, and Governor Kulloclv had ap pointed a Supreme Court which sustained them. These laws were abhorrent to Toombs. He thun dered against them with all the powers of his learning and eloquence. "When lie arose in court, there stood with him, lie believed, not only the cause of his client, but the honor of the whole State of Georgia. It was much easier to seduce a poverty-stricken people by offering them measures of relief than to drive them by the bayonet or to subject them to African domination. In the case of Hardemau against Dovruer, in June, 1868, he declared before the Supreme Court that these homestead laws put a premium on dishonesty and robbed the poolman of his capital. " i>ut we must consider the intention of the Act," said the Court. " 'Was it not the intention of the legislature to prevent the col lection of just siich claims as these you now bring ?" " Yes, may it please the Court," said

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Toombs, slialviiig his leonine loelvs, "there can be 110 doubt that it was the intention of the legisla ture to defraud the creditor; but they h.uve failed to put theii' intention in a form lha,t would stand, so it becomes necessary for this Court to add its own ingenuity to this villainy. It seems that this Court Ls making laws rather than decisions."
In one of his dissenting opinions upon (lieae ]<a\vs, Justice Hiram "\Variior declared that he would, not allow his name to go down to posterity steeped ill tlje infamy of ,sneh a, decision. General Toonibs lost his case, but the decision was sub sequently overruled by the Supreme Court of the United States.
The times were full of evil. The legislature was dominated by adventurers and ignorant men ; and public credit \va,s freely voted a\vny to new enterprises. The State was undeveloped, and this wholesale svstem of public impi'ovement became popular. Unworthy moil were scrambling for public station, and the times were out of tune. In the midst of this demoralization Toombs was a pillar of fire. lie was tireless in liis withering satire, his stinging imvective, his uncompromising' war upon the misgoverament of the day.
Here was a fine field and a rare occasion for his pungent criticism and denunciation. His utter ances were riot those of apolitical leader. Tie was not trimming his sails for office, fie did not shape

his conduct so as to be considered an available man by the North. He fought error wherever lie sa\v L'C. Tie made no terms \vitli those whom lie considered public enemies. He denounced radical ism as a"leagiied scoundrelisiri of private gain* and public plunder."
In opposing the issue of State bonds to aid a certain railroad, lie declared that if the legislature saddled this debt upon the taxpayers, their act would be a nullity. " \Ve will adopt a. new con stitution with a clause repudiating these bonds, and like ^Etna spew the monstrous frauds out of the market!"
" ^rou may,'? lie said, " by your deep-laid schemes, lull the thoughtless, enlist the selfish, and stifle for a while the voices of patriots, but the day of reckoning will come. These cormorant corpora tions, these so-called patriotic developers, whom you seek to exempt, shall pay their dnes, if justice lives, By the Living; God, they shall pay them."
" Georgia shall pay her debts," said Toonrbs on one occasion. " If she does not, I will pay them for her ! " This piece of hyperbole was softened by the fact that on two occasions, when the State needed money to supply deficits, Toombs with other Georgians did come forward and lift the pressure. Sometimes he talked in a random way, but responsibility always sobered liiin. He was impatient of fraud and stupidity, often full of ex-

TOO.VBS.
aggerations, but scrupulous when the truth was relevant. Always strict and honorable in his en gagements, he boasted that he never had a dirty shilling in his pocket.
The men who "loft the country for the country's good " and came. South to fatten on the spoils of reconstruction, furnished unending targets for his satire. He declared that these so-called developers came for pelf, not patriotism. " Why, these men," he said, " are like thieving elephants. They will uproot an oak or pick rip a pin. They would steal anything from a button to an empire." On one occasion he M-as bewailing the degeneracy of the times, and he exclaimed: " I am sorry I have got so much sense. I see into the tricks of these public men too quickly. When God Almighty moves me from the earth, he will take away a heap of experience. I expect when a man gets to be seventy lie ought to go, for he knows too much for other people's convenience."
" I hope the Lord will allow me to go to heaven as a gentleman," he used to say. " Some of these Georgia politicians I do not want to associate with. I would like to associate with Socrates and Shakespeare."
During his arguments before the Supreme Court, General Toombs used to abuse the Gover nor and the !Bullock Legislature very roundly. The Court adopted a rule that no lawyer should

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be allowed, while conducting his case, to abuse a coordinate branch of the government. General Toombs was informed that if lie persisted, in this practice lie would be held for contempt. The next time Toombs went before the Court he alluded to ( the fugitive Governor in very sharp terms. " May it please your Honors, the Governor has now absconded. Your Honors have put in a little rule to catch, me. In seeking to protect the powers that be, I presume you did not intend to defend the powers that were."
The papers printed an account of an interview between General Gordon and Mr. Tilclen in 1880, Gordon told Tilden that he was sorry he could not impart to Tildeii some of his own strength and vitality. " So my brother told me last year," answered jVlr. Tilden. " I have since followed him to the grave." Toombs read this and remarked that TildeiL did not think he was going to die. "^N~o one expects to die but I. I have got sense enough to know that I am bound to die."
On one occasion Toombs was criticising an ap pointment made by an unpopular official. " But, General," someone said, " you must confess that it was a good appointment." " That may be, but that was not the reason it was made. Bacon was not accused of selling injustice. He was eternally damned for selling justice."
General Toombs was once asked in a crowd in

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the Kimball House in Atlanta wliat lie thought of the North. " M.y opinion of the Yankees is apostolic. Alexander the coppersmith did me much evil. The Lord reward him according to his works." A .Federal officer was standing in the crowd. He said : " Well, General, we whipped you, anyhow." " No," replied Tooinbs, " we just wore ourselves out whipping you."
He spoke of the spoliators in the State Legis lature as " an assembly of manikins whose object is never higher than their breeches pockets; seekers of jobs and judgeships, anything for pap or plunder, an amalgamation of white rogues and blind negroes, gouging the treasury and disgrac ing Georgia."
He was a violent foe of exemptions, of bounties, and of all sorts of corruption and fraud. He was overbearing at times, but not move conscious of power than of honesty in its use. He was gener ous to the weak. It was in defense of his ideas of justice that he overbore opposition.
General Toombs kept the issues before the peo ple. He had no patience with the tentative policy. He forfeited much of his influence at this time by his indiscriminate abuse of Northern men and Southern opponents, and his defiance of all the conditions of a restored. Union. He could have served his people best by more conservative con duct, but he had all the roughness and acerbity of

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a reformer, dead in earnest. It was owing to his constant arraignment of illegal acts of trie postbellum regime that the people finally aroused, in 1870, arid regained tlie State for white suprem acy and Democratic government. He challenged the authors of the Reconstruction measures to dis cuss the constitutionality of tlie amendments. Charles J. Jenldns had already carried the cause of Georgia into the courts, and Liiiton Stephens, be fore United States Commissioner Swayze in M!acon, had made an exhaustive argument upon the whole subject. Toombs forced these issues constantly into his cases, and tept public interest at white heat.

CHAPTER XXVII.
BAYS OF KECONSTRUCTION
IN July, 1868, the people of Georgia made the first determined stand against the Republican party7. John 13. G-ordoii was nominated for Gov ernor, and Seymour find Blair had been named in !N~ew York as National Democratic standard-bear ers. A memorable meeting was held in Atlanta. It was the first real rally of the white people under tlie new order of things. Robert Toombs, Howell Oobb, and Benjamin II. Hill addressed the multitude. There was much enthusiasm, and crowds gathered from every" part of Georgia. This "was the great " Bush Arbor meeting" of that year, and old men and boys speak of it to day with, kindling ardor. "Few people," said Toombs ill that speech, "had escaped the hor rors of war, and fewer still the stern and bitter curse of civil war. The .histories of the greatest peoples of earth have been filled with defeats as well as victories, suffering as well as happiness, shame and reproach as well as honor and glory. The struggles of the great and good are the noblest legacies left by- the past to the present

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generation, trophies worthy to be laid at the feet of Jehovah himself. Those whose blades glittered iu tie foremost ranks of the Northern army on the battlefield, with a yet higher and nobler pur pose denounce; the base vises to which the victory has been applied. The old shibboleths of victory are proclaimed as living principles. Whatever else may be-lost, the principles of IVIagna Charta have survived the conflict of arms. The edicts of the enemy abolish all securities of life, liberty, and property; defeat all the rightful purposes of government, nud renounce all remedies, alL laws.
General Toombs denounced the iiicompetency of the dominant party in Georgia--" In its tyranny, its corruption, its treachery to the Caucasian race, its patronage of vice, of fraud, of crime and criminals, its crime against humanity and in its efforts to subordinate the safeguards of public se curity and to uproot the foundations of free gov ernment it has forfeited all claims upon a free people."
Alluding to General IjOiigstreet, who had been a member of the Republican party, General Toombs said : " I would not have him tarnish his own laurels. I respect his courage, honor his de votion to his cause, and regret his errors." He de nounced the ruKng party of Georgia as a mass of floating putrescence, "which rises as it rots and rots as it rises." He declared that the Eeconstruc-

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tion Acts " stared put in their naked deformity, open to the indignant gaze of all honest men."
The campaign at that time was made upon the illegality of the amendments to the Constitution. .Enthusiasm was fed by the fiery and impetuous in vective of Toombs. The utterances of most public men. were guarded and conservative. I3ut when Toombs spoke the people realized that he uttered the convictions of an unshackled mind and a fear less spirit. Leaders deprecated his extreme views, but the hustings rang with his ruthless candor.
The conclusion of liis T5ush Arbor effort was a fine sample of his fervid speech: "All these and many more wrongs have been heaped upon you, my countrymen, without your consent. Your con sent alone can give the least validity to these usur pations. Let no power on earth wring' that con sent from you. Talce no counsel of fear; it is the meanest of masters ; spurn the temptations of office from the polluted hands of your oppressors. He who owns only his own sepulcher at the price of such claims holds a heritage of shame. Unite with the National Democratic party. Your country says come ; honor says come ; duty says come ; liberty says come; the country is in danger ; let every freeman hasten to the rescue."
It was at this meeting that Benjamin H. Hill, who made so much reputation by the publica tion of a. series of papers entitled, " Notes on the

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337

Situation," delivered one of tlie most memorable speeches of bis life. It was a moving, overmaster ing appeal to the people to go to the polls. "When this oration was over, the audience was almost wild, and Robert Toombs, standing on the plat form, in hia enthusiasm threw his hat away into the delighted throng. A young bright-faced boy picked it np and carried it back to the .speakers' stand. It was Henry Grady.
The defeat of the National Democratic party in 1868 disheartened the Southern people, and the old disinclination to take part in politics seized them stronger than before. In 1870, however, General Toombs delivered, in different parts of Georgia, a carefully prepared lecture on the Principles of Magna Cliarta. It was just the reverse in style and conception to his fervid !Bnsh Arbor oration. It was submitted to manuscript and was read from notes at the speakers' stand. With, the possible exception of his Trem ont Temple lecture, delivered in Boston in 1856, it was the only one of his public addresses so carefully prepared and so dispassion ately delivered. In his opinion the principles of free government were drifting away from old land marks. The times were out of joint, the people were demoralized. The causes which afterward led to the great revolt in the Republican ranks in. 1872 were already marked in the quick perception of Toombs, and this admir-

328

BOSKET TOOMBS.

able state paper was farmed to pnt the issue before the public in a sober, statesmanlike way, and to draw the people back to their old moor ings. This lecture was delivered in all the large cities and many of the smaller towns of G-eorgia, and had a great effect. Already there had been concerted appeal to Georgians to cease this politi cal opposition and " accept the situation.7' Kven statesmen like Mr. Hill had come round to the point of advising- the people to abandon " dead issues." The situation was more desperate than ever.
In his Magua CLarta lecture Mr. Toombs said that A-lgernon Sidney had summed, up the object of all human wisdom as the good government of tlie people. "From the earliest ages to the pres ent time," said he, " there has been a continued contest between the wise and the virtuous \vlio wish to secure good government and the corrupt who were unwilling to grant it. The highest duty of every man, a duty enjoined by Crod, was the service of his country." This was the great value of the victory at Kunnymede, with its rich fruits --that rights should be respected and that justice should be done. "These had never been denied for seven hundred years, until the present evil days," said Toombs. IVIagna Charta had- been overridden and trampled underfoot by brave ty rants and evaded by cowardly ones. There had

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329

been ingenious schemes to destroy it. The men of '76 fought for Miigun, Cliavta. These principles had been prominent in our Constitution until a .Republican majority attempted destruction and civil -war. Kings had made efforts to destroy its power and subvert its influence. Not a single noble family existed in England but which had lost a. member in its defense. Society was organized to protect it, and all good and true men are re quired to maiutaln its teachings. "The assassins of liberty are no\v in power, but a reaction is com ing. Stand firm, make no compromise, have noth ing to do with men who talk of dead issues. It is the shibboleth of ruin. Push forward, and make a square fight for your liberties."
The plain but powerful summary of public ob ligation had a more lasting effect tliaii his more fiery appeals. G-onera! Toombs was a potent leader in the campaign, though not himself a can didate or even a voter. G-eneral D. jM. DuJ3ose, his law partner, was elected to Congress this year, tnd the I^emocratic party secured a, majoritv iri the State Legislature. Among the men who shared in the redemption of the State Robert Toombs was the first and most conspicuous.
Some of the best speeches made by General Toombs at this time were delivered to the farmers at the various agricultural fairs. These were fre quent and, as Judge Keese declared, abounded

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witli M'isdom which caused liim yem^y of reflection ami observation. He, had been reared upon a farm. JTis interests, as his sympathies, were with these people. lie remained in active management of his large plantation, Koanoke, in Stewart Comity, during the, period when lie was a member of Congress and even when lie was iii tlie array. Two or three times a year lie made visits to that place and was a.lways in close communication witli his overseers. Ho loved the work and was a suc cessful farmer. A fondness for gardening and stock-raising remained with him until his last years. Even in a very busy and tempestuous life, as he characterized it iu speaking to Judge Reese, a spacious garden, with orchards and vineyards, was to Mm ail unfailing source of recreation a,nd pleasure.
He ivrites to his wife of the disasters of the army at Orange Court House, "Va., but finds time to add: "The gardens and fruit are great addi tions to the family comfort, and every effort should be made to put them in the best condi tion." "Writing from .Richmond of the condition of Tjee's army in March, 1862, he does not forget to add : " I am Sony to know that the prospects of the crops are so bad. One of the best reliances now is the garden. Manure high, work well, and keep planting vegetables." From lioanoko, iu 1868, he writes; "My plantation affairs are not in

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331

as good condition as I would wish. I Lave lost a gveat many sheep, have but few lambs and little wool; cattle poor--all need looking after." In the midst of the shelling of Atlanta in 1864, he writes from tlie trendies to liis wife: "Tell Squire to put your cows and Gabriel's in tlie volunteer oatfield. Every day we hear cannonading ill front."

It was in 1SG9 that General Toombs made one of hi? great speeches at the State fail* in Columbus, in the course of which lie used this expression; " The farmers of Oreorgia- will never eirjoy general prosperity nnti] they quit making the West their corncrib and smokehouse." It was in that samo speech that Toonibs Kaid, refei'riuo- to tlie soldiers of the South ; " Liberty, in its last analysis, is but the sweat of the poor ami the blood of. the, brave." Most of tiro great men in Georgia have been reared in the country. There seems to be something in the pure air, the broad fields, and even the solitude, conducive, to vigor and selfreliance. Attrition and culture lia.ve finished the work laid up by the farmer boy, and that fertile section of middle Georgia, so rich in products of the earth, has given greatness to the State.
In August, 1872, General Toonibs was invited by the alumni of the University of Georgia to deliver the annual address during' commencement week. A large crowd waa in attendance arid the

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ROBERT TOOJfSS.

veteran orator received an ovation. He departed froin liia usual custom and attempted to read a written speech. His eyesight had begun to fail him, the formation of a cataract having been felt with great inconvenience. (The pages of the manuscript became separated and General Toombs, for the first time in his life, is said to have been embarrassed. He had not rend more than one quarter of his speech when this complication was discovered, and he was unable to find the missing sheets. Governor Jenlcins, who was sitting on the stage, whispered to him; " Toombs, throw away your manuscript and go it on general princi ples." The general took off his glasses, stuffed the mixed essay into hia pocket, and advanced to the front of the stage. He. was received with a storm of applause from the crowd, who had relished his discomfiture and were delighted with the thought of an old-time talk from Toombs. For half an hour he made one of his eloquent and electric speeches, and when he sat down the audi ence screamed for more. JVo one but Toombs could have emerged so brilliantly from this awk ward dilemma.
General Toombs opposed the nomination of Horace Greeley for President by the National Democratic convention in 1872. 2Vlr. Stephens edited the Atlanta <%t, and these two friends once more joined their great powers to prevent

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the consummation of what they regarded as a vast political mistake. Greelcy carried the State by a very reduced majority.
In January, 1873, when Mr. Stephens was de feated for the United States Senate by General John B. Gordon, General Toombs called a meet ing of the leaders of the eighth district in his room at the Kimball House in Atlanta, and nominated his friend Alexander Stephens for Congress. He needed no other indorsement. He was elected and reflected, and remained in Congress until he resigned in 1882, to become Governor of Georgia. Toombs and Stephens never lost their lead as dic tators in Georgia politics.
The man in Georgia who suffered most fre quently from the criticism of General Toombs during this eventful period was ex-Governor Joseph E. Brown. His position in taking his place in the Republican party, in accepting office, and separating himself from his old friends and allies, brought down, upon him the opprobrium of moat of the people. It was at a time when Charles J. Jeukius hud carried away the gj'eat sea] of Geor gia and refused to surrender it to a hostile govern ment. It was at a time when I^inton Stephe7is, the most vigorous as the most popular public man during the reconstruction period, was endeavoring to arouse the people. Governor Brown's apostasy was unfortunate. No man was then more exe-

834

ROBEllT TOOMB3.

crated t)y the. people who had lionored him. His name, for a while, was a byword and a reproach. Mr. Stephens defended his petition as conscien tious if not consistent, and gave Governor Brown the credit for the purity as well as the courage of his convlctions. Governor Brown bore the con tumely with patience. lie contended that he could best serve the State by assuming functions that must otherwise be placed in hostile hands, and his friends declare to-day that in accepting the amendments to the Constitution ho simply occu pied in advance the ground to \vhich the party and the people were forced to come. But his position did not compare favorably with that of the prominent Georgians of that day.
The relations of Governor Brown and Genei'al Toonibs continued strained. The latter never lost an opportunity to upbraid him in public or in private, and some, of his keenest thrusts were aimed at the plodding figure of his old friend and ally, as it passed on its lonely way through the shado\vs of its long probation.
On one occasion in Atlanta., in July, 1872, Gen eral Toonibs among other things referred to a lobby at the legislature in connection with a claim for the Mitchel heirs. Governor Brown had re mained quiet during his long political ostracism, but he turned upon his accuser now with un looked-for severity. He answered the charge by

DATS of nacoys'-i'BUGTioyr.

sac

declaring tliat if Toombs accused liim of lobbying tins claim, lie was an a unscrupulous liar." The reply clkl not attract inncli attention until it be came known that General Toombs had. sent a frieud to Governor Brown to know if the latter would accept a challenge. Colonel John C. I\icho11s was the frJemi, and Governor JSrown re turned tile answer that when he received the challenge lie would let him know. General Toombs did not push the matter further. The af fair took the form of a newspaper controversy, which was conducted with much acrimony on both sides. Colonel Nicholls stated in print his belief that Governor 13rown would not have accepted a challenge but would have used it to Toombs' in jury before the people. The prospect of a duel between these two old men created a sensation at the time. It would have been a shock to the public sense of propriety to have allowed such a meeting. It would never have been permitted; but Governor Brown seems to have been deter mined to put the issue to the touch. lie had pre pared his resignation as a, deacon of the Baptist Church, find had placed his house in order. He seemed to realize that this was the turning-point of his career, and there is no doubt that General Toombs gave him the opportunity to appear in a better light than he had done for a long time ; this incident was the beginning of his return to popu-

S36

ROBUST TOOMBS.

larity and influence in Georgia. General Toombs -was censured for provoking Governor Brown into the attitude of expecting a challenge arid then de clining to send it.
Both. General Toombs,, and Mr. Stephens were believers in the code of honor. Mr. Stephens once challenged Governor Herschel "V. Johnson, and at another time he called out Hon. Ben jamin. H. ITill. General Toombs peremptorily challenged G-eneral D. H. Hill after the battle of Malvern Hill. In 1859, when United States Senator Broderick was killed by Judge Terry in California, Mr. Xoombs delivered a striking eulogy of Broderick in the United States Senate. He said ; " The dead man fell in honorable contest under a code which he fully recognized. Awhile I lament his sad fate, I have 110 censure for him or his adversary. I think that no man under any circumstances can have a more enviable death than to fall in vindication of his honor. He has gone beyond censure or praise. He has passed away from man's judgment to the bar of the Judge of all the Earth."

CHAPTER XXVIII.
EOS LAST PUBLIC SEKVIOE.
of the reforms advocated Tjy General Toombs upon the return of the white people to tlie control of the State Government was the adoption of a new State Constitution. He never tired of clecjarjng that tlie organic law of 1868 was the product of " aliens and usurpers," and that he would have none of it; Georgia must be repre sented by her own sons in council and live under a constitution of her own making. In May, 1877, an election was held to determine the question, and in spite of considerable opposition, even in the Democratic party, the people decided, by nine thousand majority, to have a constitutional con vention.
On July 10, 1877, that body, consisting of 194 delegates, assembled in Atlanta to revise the organic law. Charles J. Jenlvins was elected president of the convention. Ho had been de posed from the office of Governor of G-eorgia at tne point of the bayonet in 1866. He had carried the ca.se of the State of Georgia before the national Supreme Court and contested the validity of the
337

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ROBERT TOOMBS.

Reconstruction measures. He liacl carried with him, when expelled from the State Capitol, the great seal of the State, vrlucii he restored TV-hen the government was again remitted to his own people, and in public session of the two houses of the General Assembly, G-overnor Jenkins had been presented with a facsimile of the great seal, with the fitting words cut into its face, " In Arduis Fidelis." These words are, graven on his monu ment to-day. He was move than seventy years of age, but bore himself with vigor and ability. There was a strong representation of the older men who had server! the State before the war, and the younger members were in full sympathy with them. It was an unusual body of men--possibly the ablest that had assembled since the secession convention of 1861. General Toombs, of coarse, was the most prominent. He had been elected a, delegate from his senatorial district---the only office he had occupied since the war. His activity in securing its call, his striking presence, as he walked to his seat, clad in his long summer duster, carrying his brown straw hat and his unlighted cigar, as well as his tireless labors in that body, made him the center of interest. General Toombs was chairman of the committee oil legislation and chairman of the final committee on revision. This body was made up of twenty-six of the most prominent members of the convention, and to it

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were submitted the reports of tie other thirteen committees. It was the duty of this committee to harmonize and digest the various matters com ing before it, and to prepare the final report, which \vas discussed in open convention. General Toonibs was practically iu charge of the whole business of this body. He closely attended all tlie sessions of the convention, which lasted each day from 8.30 in the morning to 1 o'clock p. Mr. The entire afternoons were taken up with the im portant and exacting work of his committee of final revision. Frequently it was far into the night before he and. his clerk had prepared their reports. General Toombs was in his sixty-eighth year, but stood the ordeal well. His facility, his endurance, his genius, his eloquence and perti nacity were revelations to the yormger men. who knew him mainly by tradition. General Toornbs proposed the only safe and proper course for the convention when he arose in his place on the floor and declared ; " All this convention has to do is to establish a. few fundamental principles and leave the other matters to the legislature and the people, in order to meet the ever varying affairs of human life." There was a persistent tendency to legislate upon details, a tendency which could not be entirely kept down. There was an element elected to this convention bent upon retrenchment and reform, and these delegates forced a long

34O

ROBERT TOOlfBS.

debate upon lowering the salaries of public officers, a- policy which finally prevailed. During the. progress of this debate General Toornbs arose im patiently in liis place and declared that, "The whole finances of the State are not included Yrlien we are speaking of the Governor's salary, and. you spend more in talking about it tliaii your children will have to pay in forty years,"
Occasionally he was betrayed into one of his erratic positions, as when ho moved to strike ont the section against dueling, and also to expunge from the bill of rights all restrictions upon bearing' arms. He said: " Lot the people bear arms for their own protection, whether in their boots or wherever they may choose."
But his treatment of public questions was full of sound sense and. discretion. lie warned the convention that those members M-ho, from hostility to the State administration, wished to wipe out the terms of the office-holders and make a new deal upon the adoption of the now constitution, were making a rash mistake. They would array a new class of enemies and imperil the passage of the new law. He advocated the submission of all doubtful questions, like the homestead laws and the location of the new Capitol, to the people in separate ordinances. He urged in eloquent terms the enlargement of the Supreme Court from three justices to five. Having been a champion of the

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law calling? that Court into being forty years Be fore, he knew its needs and proposed a. reform, which, if adopted, would have cut off much trouble in Georgia to-day.
General Toombs was an advocate of the ordi nance which, toolt the selection of the judges and solicitors from the hands of the Governor and made them elective by the General Assembly. A strong element in the convention wanted, the Judi ciary elected by the people. A member of the convention turned to General Toombs during the debate and said ; " You dare not refuse the people this right to select their own judges." " I dare do anything that is right," replied Toombs. " It is not a reproach to the people to say that they are not able to do all the work of a complex govern ment. Government is the act of the people after all." tie reminded the convention that a new and ignorant element had been thrown in among the people as voters. " AVe must riot only protect our selves against them, but in behalf of the poor African," said he, " I would save him from himself. These people are Ivind, and. affectionate, but their previous condition, whether by your fault or iiot ; was such as to disqualify them from exercising the right of self-government. They were put upon us by people to make good government impossible in the South for all time, and before God, I believe they have done it."

1

342

ROKERT TOOMBS.

In answer to the argument that those States which liad given the selection of judges to the people liked it, General Tooinbs replied that this <lid not prove that it was right or best. "It is easy to take the road to hell, but few people ever return from it." General Tooinbs prevailed in this point. He was also the author of the resolu tion authorizing the legislature to levy a lax to furnish good substantial artificial limbs to those who had lost them during the war.
General Tooinbs declared frequently during the debate that one of his main objects in going to the convention, and for urging the people to vote for the call, was to place a clause in the new law prohibiting the policy of State aid to railroads and public enterprises. lie had seen monstrous abuses grow irp under this system, He had no ticed that the railroads built by private enter prise had proven good investments ; that no rail road aided by the State had paid a dividend. He declared that Georgia had never loaned her credit from the time when Oglethorpe landed at Yarnacraw up to I860, and she should never do it again. Ho wanted thig license buried and buried foi*ever. His policy prevailed. State aid to railroads was prohibited ; corporate credit cannot now be loaned to public enterprises, and rnnnicipal taxation was wisely restricted. General Toombs declared with satisfaction that he had locked the door of the

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treasury, and put the key into the pocket of the people.
During the proceedings of this convention an effort was made to open the courts to review the cases of certain outlawed bonds, which the legis lature had refused to. pay, and which the people had repudiated by constitutional amendment. Impressed, by the conviction that certain classes of these bonds should be paid, the venerable president of the convention surrendered the chair and pled from his place on the floor for a ju dicial review of this question.
No sooner was this solemn and urgent appeal concluded than General Toombs bounded to the floor. He declared with energy that no power of heaven or hell could bind him to pay these bonds. The contract was one of bayonet usurpation. Within a few days the legislature had loaded the State down with from ten to fifteen millions of the " bogus bonds."
The term " repudiation " was distasteful to many. The bondholders did not relish it; but he thought it was a good honest word. No one was bound by these contracts, because they 'were not the acts of the people. " I have examined all the facts pertaining to these claims," said Toombs, " and looking to nothing but the State's integrity, I af firm that the matter shall go no further without iny strenuous opposition. The legislature has

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again and again declared the claims fraudulent. Tlie people have spoken. Let the bonds die." The convention agreed with Toombs.
On tne 16th of .Aito'iist the convention, then in the midst of its labors, confronted a crisis. The appropriation of $25,000 made by the legislature to meet the expenses of the convention had been exhausted, and the State Treasurer notified the president that he could not honor his warrants any further. This was a practical problem. The work mapped out had not been half done. Many of the delegates were poor men from the rural districts and were especially dependent upon their per diem dining the dull summer season. To pro ceed required about 1000 per day. To have crippled this body in its labors would have been a public calamity. To check upon the public treas ury beyond the limit fixed by law involved a risk which the State Government, not too friendly to ward the convention at best, declined to assume. To raise the money outside by a private loan pre sented this risk, that in the case of the rejection of the constitution, then in embryo, the lender might find himself the holder of an uncertain claim. The convention, however, was not left long in doubt. With a heroic and patriotic abandon, General Toonibs declared that if Georgia would not pay her debts, ho would pay them for her. Selling a dozen or two United States bonds, he placed the

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proceeds to the credit of the president of the con vention, who was authorized iii turn to issue notes of $1000 each and deposit them with. Gen eral Toombs. The act was spontaneous, wholesouled, dramatic. It saved the convention and rehabilitated the State with, a new constitution. By a rising and unanimous vote General Toonibs was publicly thanked for his public-spirited act, and the old man, alone remaining in his seat in the convention hall, covered his face with his hands, and shed tears during- this unusual demonstration.
When the convention had under review the bill of rights, General Toombs created a breeze in the proceedings by proposing a paragraph that the leg islature should malce no irrevocable grants of special privileges or immunities. The proposition received a rattling "fire from all parts of the house. Governor Jenldns assailed it on the floor as dan gerous to capital and fatal to public enterprise. It was argued that charters were contracts, and that when railroads or other interests were put upon notice that their franchise was likely to be dis turbed, there would be an overthrow of confidence and development in G-eorgla. This was the first intimation of the master struggle which General Toombs was about to make, an advance against the corporations all along the liue. It Avas the picket-firing before the engagement.
General Toombs had made a study of the

1

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ROBERT TOOMBS.

wliole railroad question. Pie was a roaster of the law of corporations. He maintained a peculiar attitude toward them. He never invested a dollar in their stock, nor would lie accept a place at their council boards. He rarely ever served them as attorney. ^Vhen the General Assembly resolved to tax railroads in Georgia, the State selected General Toombs to prosecute the cases. In 1869 he had argued the Collins case against the Central Kailroad and Banking Company, in which the court had sustained his position that the proposed action of the Central Road in buy ing up the stock of the Atlantic and Gnlf Kailroad, to control that road, was ultra vires. He had conducted the case of Arnold DaBose against the Georgia Railroad for extortion in freight charges.
The principles he had gleaned from this la borious record made him resolve to piace restric tions upon corporate power in the new constitu tion. The time was ripe for this movement. The Granger legislation in the West had planted in the organic law of Illinois, Ohio, and Missouri the policy of government control over the rail roads. The statutes of Pennsylvania also re flected the same principles, and the Supreme Court of the United States had decided this great case on the side of the people. General Toombs was master of the legislation on this subject in

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England, and had studied the American reports ou the right and duty of the state to regulate rail road companies. lie declared, in proposing' this new system, that these laws had been adopted by the most enlightened governments of the world. " From the days of the Roman Empire down to the present time," said Toombs, " it has never been denied that the state has power over the corporations."
At once the State was in an uproar. "Toombs is attempting a new revolution," was alleged. He was charged with leading air idolatrous majority into war upon the rights of property. Conserv ative men like Jenkins deprecated the agitation. Atlanta was filled with a powerful railroad lobby, and the press resounded with warning that de velopment of the waste places of Georgia would be retarded by this unjust and nefarious warfare. Robert Toombs was not an agrarian. His move ment against the corporations was reenforced bydelegates from the small towns in Georgia, who had suffered from discrimination in favor of the larger cities. Railroad traffic had been diverted by rigid and ruthless exactions, and a coterie of delegates from southwest Georgia stood solidly by Toombs. These debates drew crowds of lis teners. From the galleries hundreds of interested Georgians looked down upon the last public service of Robert Toombs. lie never appeared

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to finer advantage. His voice lacked its old-time ring, his beard was gray and his frame was bent, but he was fearless, aggressive, alert, eloquent. He was master of the whole subject. Railways, he declared, were public highways. Upon no other principle could they receive land from the State, under its right of eminent domain, than that this land was condemned for public and not for private nse. A public highway means that it must be used according to law. In those States where people have been fighting the encroach ments of public monopolies, it had been found necessary to use these terms, and Toombs prefaced his agitation with this announcement.
General Toombs did not mince matters. He declared that the rapacious course of the railroads in Georgia had been spoliation. Monopoly is extortion. Corporations must either be governed by the law or they will override the law. Compe tition is liberty. Keep the hand of the law on corporations and you keep up competition ; keep up competition and you preserve liberty. It has been argued that the towns and counties in Georgia had grown rich. That is the same argument that was made in the English Parliament. They said ; " Look at your little colonies, how they have grown under our care." But the patriotic men of America said; " T\^e have grown rich in spite of your oppressions." Shall we not restrain this tax-

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gatherer who lias no judge but himself, no limit but Ms avarice ?
General Toombs wanted it placed in the consti tution that the legislature shall pass these laws restricting railroads. He declared, he had twice drawn bills for that purpose; the37 had passed the House, but crumbled as though touched with the hand of death when they came to the forty-four (the Senate). " "What," said he, " do I see before me "i The grave. "What beyond that ? Starving millions of our posterity, that I have robbed by my action here, in giving them over to the keep ing of these corporations. The right to control these railroads belongs to the State, to the people, and as long as I represent the people, I will not consent to surrender it, so help me God !"
The spirit of Toombs dominated that conven tion. Men moved up the aisle to take their seats at his feet as he poured out his strong appeal. One-half of that body was filled with admiration, the other half with alarm. " It is a sacred thing to shake the pillars upon which the property of the country rests," said Mr. Hammond of Fulton. " Better shake the pillars of property than the pillars of liberty," answered this Georgia Samp son, with his thews girt for the fray. " The great question, is, Shall Georgia govern the corporations or the corporations govern Georgia ? Choose ye this day whom ye shall serve! "

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The house rang wnth applause. Members clustered about the old man as about tlie form of a propliet. The majority "was with him. The .articles which he had advocated came from the committee without recommendation, but they were substantially adopted, and are now parts of the supreme law of the land. The victory was won, and liobert Toombs, grim and triumphant, closed his legislative career, and claimed this work as the crowning aet of his public labors.
These principles are contained in Article IV. of the State constitution of Georgia. It declares the right of taxation to be sovereign, inviolable, and in destructible, and that it shall be irrevocable by the State ; that the power to regulate freight and pas senger tariffs and to prevent unjust discriminations shall be conferred upon tlie General Assembly, whose duty it shall be to pass laws for the same; that the right of eminent domain shall never be abridged; tbat any amendment to a charter shall bring the charter under the provisions -of the Constitution; that the Greneral Assembly shall have no authority to authorize any corporation to buy shares of stock in any other corporation, which shall have the effect to lessen competition or encourage monopoly. ffo railroad shall pay a rebate or bonus.
Under these provisions, the Railroad Com mission of Georgia was organized in 1879. This

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idea, as it finally worked out, was General Toonibs'. He did not favor fixing the rates in the law, but the creation of such a commission to cany out these provisions. The present law was framed by Judge William M. Reese, Hon. Samuel Barnett, Ex-Senator II. IX JVIcI^aniel, and Superintendent Foreacre of the Richmond and Danville Railroad. It has worked well in Georgia. Twice has the legislature attempted to remodel it, but the people have rallied, to its support and have not permitted it to be amended in so much as a single clause. It has served as an example for imitation by other States, and was cited as strong authority in Con gress for the creation of the Inter-State Commerce Law. The railroad men, after fighting it. for ten years, have come round to acknowledge its value. It has stood as a breakwater between the corpora tions and the people. It has guaranteed justice to the citizen, and has -worked no injury to the railroads. Under its wise provisions Georgia has prospered, and leads the Union to-day in railroad building. And when, during a recent session of the legislature, an attempt was made to war upon railroad consolidation, the savins', overmastering, crowning argument of the railroads themselves was that General Toombs had already secured protection for the people, and that, Under his masterly handiwork, the rights of property and the rights of the people were safe.

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AVhen the convention had con dueled its labors,

General Toombs went before the people and

threw himself with enthusiasm into the canvass.

He took the stump, and everywhere his voice was

heard in favor of the adoption of the new organic

law. Many of the officers whose term had been

cut off, and whose salaries had been reduced, ap peared against the constitution. General Toombs

declared that those public men who did not ap

prove of the lower salaries might " pour them back

in the jug." This homely phrase became a by-word in the canvass. It had its origin in this way:

In the Creek war, in which " Capt. Robert A.

Toombs " commanded a company made up of vol unteers from Wilkes, Elbert, and Lincoln comities,

a negro named Iviuch went along" as whisky sut

ler. As he served out the liquor, some of the sol

diers complained of the price he asked. His an

swer was, " \Vrell, sir, if you don't like it, sir, pour

it back in the jug."

,----- ------^

In the State election of December, 1877, the new constitution was overwhelmingly adopted, and

will remain for generations the organic law of the

Empire State of the South.

CHAPTER. XXIX.
DIXWESTIC LIFE OF TOOMBS.
THVEBE never -was a public man in America whose home life was more beautiful or more tender than that of Robert Tooinbs. As great as were his public virtues, his lofty character, and abilities, his domestic virtues were more striking still. He was a man who loved bis family. In 1880 ne was married to Julia A. Dubose, with whom be lived, a model and devoted husband, for more than fifty years. She was a lady of rare personal beauty, attractive manners, and common sense. She shared his early struggles, and watched the lawyer grow into the statesman and the leader with unflagging confidence and love. There was never a time that he would not leave his practice or his public life to devote himself to her. His heart yearned for her during his long separation in Washington, when, during the debate upon the great Compromise measures of 1850, lie wrote that he -would rather see her than " save the State." lie considered her in a thousand wrays. He never disappointed her in coming home, but, when travel ing, always returned when it was possible, just at the
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time he had promised. During the exciting scenes attending his first election to the United States Senate., lie writes that ho feels too little interest in the result perhaps for his success, and longs to be at home. Political honors did not draw him away from his devotion to this good, woman. lie never neglected her in the smallest way. His at tentions were as pointed and courtly in her last days as when they were bright-faced boy and. girl, lovers and cousins, in the twenties. During his labors in the constitutional convention of 1877, he one day -wore upon his lapel a flower she had. placed there, and stopping in his speech, paid fit ting tribute to the pure emblem of a woman's love. A man of great deeds and great tempta tions, of great passions and of glaring faults, he never swerved in lojTalty to his wedded love, and no influence ever divided his allegiance there. Writing to her on May 15, 1853, while he was United States Senator, he says:

MY D is AH JULIA. : Tins is your birthday, which you bid me remember, and
this letter will show you that I have not forgotten it. To day G-US Baldwin and Dr. Harbin dropped in to dinner, and we drank your good health and many more returns in health and happiness of the 35th of j\lay. I did not toll them that you were forty, for it might be that some time or other you would not care to have them know it; and I am sure they would never suspect it unless told. In truth I can scarcely realize it myself, as you are th.e same lovely

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and loving, true-hearted woman to me, that you were

when I made you my bride, nearly twenty-three years ago.

There is no other change except the superior loveliness of

the full blown over the bud/ling- rose. I have thrown my

mind this quiet Sunday evening over that large segment

of human life (twenty-three years) since "we were married,

and whatever of happiness rnemorv has treasured up

clusters around you. In life's struggle I have been what

men call fortunate. I have won its wealth and its honors,

hut I have won them by labor, and toil, and strife, whose

memory saddens even wuccess ; but the pure joys of

wedded love leave none bat pleasant recollections which

one can dwell upon with delight. These thoughts are

dearer to mo than to most men, because I know for what

ever success in life I may have had, whatever evil I may

have avoided, or whatever good 1 may have done, I am

mainly indebted to the beautiful, pure, true-hearted little

black-eyed g-irl, who on the 18th of November, 1830, came

trustingly to my arms, trie sweetest and dearest of wives.

You need not fear, therefore, that I shall forget your

birthday. That and our bridal-day are the brightest in

my calendar, and memory will not easily part with

them.

Yours,

TOOSIBS.

So well known was this domestic trait of Mv. Toombs that Bishop Beckwith of Georgia, hi delivering his funeral sermon, declared that u 110 knight, watching his sword before the altar, ever made a holier, truer, or purer vow than when liobei't Toombs stood at the marriage altar more than fifty years ago. The fire that burned upon the altar of his homo remained as pure

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and unf.-iiling as the perpetual offering of Jeru salem."
Mrs. Toombs was a woman, of warm heart and strong convictions. She was noted for her benevo lence and piety, and these she carried through life. Her Christian example was a steadying in fluence often in the-stormy and impetuous career of her Imsband, and finally, when she had closed her eyes in peace, brought him to the altar where she had worshiped.. Her household and her neighbors loved to be under her influence. No one who ever saw her fine face, or her lustrous dark eyes, forgot lier. Her face was, in some respects, riot unlike that of her husband. It is the best tribute that can. be paid to her to say that for more than, fifty years her influence over so strong a character as that of lioberfc Xoombs was most potent. In June, 1856, while driving in .Augusta, the horses attached to the carriage ran away, and Mrs. Toombs was thrown from, the vehicle and sustained.a fracture of the hip. General Toombs hastened to Georgia from Congress, and remained incessantly at lier bedside for several weeks. In November, 1880, General and Mrs. Toombs cele brated their golden \vedding, surrounded, by their grandchildren, and friends. It was a beautiful sight to see the bride of half a century with a new wedding1 ring" iipon her finger, playing the piano, while the old man of seventy essayed, like Wash-

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3B1

ingtori, to dance tlie minuet. The old couple survived their three children, and lived to bless the lives of grandchildreu and great-grandchil dren. They were fond and affectionate par ents.
A friend, who had known them in their own home, describes "the great fire in the open fire place; on one side the venerable statesman, with that head which always seemed to me of such rare beauty ; on the other side, the quiet wife busy with home affairs, her eyes lighting, now and then, the wonderful conversation that fell from his elo quent lips."
General Toombs was a liberal provider for his family, and his grandchildren and connections were constant objects of his bounty. I^arge sums were spent in charity. No clrarch or benevolent insti tution appealed to him in vain. His house was open, and his hospitality was princely and prover bial. No one was more genial at home. Few prominent persons ever visited Washington with out being entertained by Toombs. His regular dinners to the bar of the circuit, as, twice a year, the lawyers came to AVashington to court, are re membered by scores of Georgians to-day. On one occasion when the townspeople were discussing the need of a hotel, General Toombs indignantly replied that there was no need for any such place. " If a respectable man comes to town," said he,

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"lie can stay at my house. If lie isn't respectable, we don't want Mm here at all."
No religious conference could meet in Wash ington that the Tooml>s house was not full of guests. Many Northern people risited the place to hear the statesman talk. Newspaper corre spondents sought hiin out to listen to his fine con versation. These people were always sure of the most courteous treatment, and were prepared for the most candid expression. Grencral Toombs \vas not sole]y a Tacoi>.,tev,r. ITe did not draw upon his memory for his wit. The cream of his conversa tion was his bold and original comment. His wit flashed all along the line. His speech at times was droll and full of quaint provincialisms. He treated subjects spontaneously, in a style all his own. Strangers, who sat near him in a railroad car, hare been enchanted by his sage and spirited conversation, as his leonine features lighted up, and his irresistible smile and .kindly eye forced goodhumor, oven where his sentiments might have challenged dissent. He was the finest talker of his day. A close friend, who used to visit him frequently at his home, declares that Toombs' powers did not wait upon the occasion. He did not require an emergency to bring him out. All his faculties were alert, and in a morning's chat he would pour out the riches of memory, humor, eloquence, mid logic until the listener would be

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enthralled by his brilliancy and power. He de lighted to talk with intellectual men and women. He was impatient with triflers or dolts. He crit icised unsparingly, and arraigned in en and measures summarily, but he was a seeker after truth, and even when severe, was free from malice or envy.
General Toornbs was a maa of tender sympa thies. Distress of his friends moved him to prompt relief. In 1855 a friend and kinsman, Mr. Pope, died in Alabama. He had been a railroad con tractor and his affairs were much involved. Gen eral Toombs promptly went to his place, bought in his property for the family, and left the place for the wife and children, just as it stood. From Mobile he writes a grief-stricken letter to his wife, December 28, 1855:

I feel tliat T vnust pour out my sorrows to someone, and whom, else can I look to but to one who, ever faithful and true, lias had my whole heart from my youth till now ? This has been one of the dark and sad days of my life. The remains of ray lost friend Mr. Pope came down on the cars this morning. I met them alone at the depot, except Gas. J5al<lwin and the hired hands. This evening I. accom panied tlie remains to tlio boat. Oh, it was so sud to sec one whom so many people professed to love, in a strange place, conveyed by hirelings and deposited like merchan dise among the freight of a steamboat on the way to his long home. I can scarcely write now, at the thought, through the blindness of my own tears. As I saw him placed in the appointed spot among the strangers and bustle of a departing boat, careless of who or what he was,

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ROBERT TOOMBS.

I stole away to the snost retired part of the boat, to conceal

the weakness of friendship and relieve my overburdened

heart with, a flood of." tears. I felt it would be a profana

tion of friendship even to be seen to feel in such a crowd.

J3ut for my overwhelming duty to the living I would have

taken the boat and gone on with his remains. This is the

end of the just in this world. ITe was a good and an up

right man ; never gave offense to a human being. His

family are ruined, but his only fault was want of judgment,

and too great confidence in his kind. Ho could not make

money, and it really seemed that Ins every effort to do so

plunged him deeper into debt. Ilis great fault was a con

cealment of his own difficulties and trials. T would have

dono anything to have relieved them upon a full disclosure.

He was idolized at home, ami I have wept at the sorrows

of the poor people in his employment, upon the very men

tion of his death. I know I cannot control my grief and

am sensitive of my own weakness. I could not find relief

without pouring out my sorrows to you. There let them

rest.

Yours,

TOOMRS.

Greneral Too nibs resided, in a three-story frame house in "Washington, built after the manner of tlie olden time, with the spacious piazza, heavy columns, the wide door, and. the large rooms. lie lived in ease and comfort. He was an early riser, and after breakfast devoted himself to business or correspondence. At midday he was accessible to visitors, and rarely dined alone. In the afternoon, he walked or drove. At night he sat in his arm chair at his fireside, and in his lips invariably carried an unlit cigar. Smoking did not agree

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with him. While in Europe he, delighted to test the tobacco of the different countries, but the practice always gave him pain above the eyes. His last attempt was in the army of Virginia. Con vinced that smoking injured him, he never resmned it. Fond of his dry smoke, he had a pe culiar cigar made to order, very closely wrapped, with iine tobacco.
General Toombs made frequent trips away from home, even dining the latter part of his life. The State retained his services ill important cases. One of his last public acts was the prosecution of certain railway companies for back taxes. He recovered thousands of dollars to the State. He was summoned, to Atlanta in 1880 to prosecute a defaulting State treasurer. Tie appeared very feeble, but his speech "was a model of clearness and logic. During the latter part of his life there was a return of his early fault of quick, nervous, compressed speech. He grasped only the great hillocks of thought and left the intervening ground to be filled by the listener. His terse, rapid style was difficult to follow. As a presiding judge said, " His leaps are like a kangaroo's, and his speech gave me the headache." But his argument in the Jack Jones case was a model of eloquence and con vincing law. A large number of friends attended the court, convinced that G-eneral Toombs was nearing the end of his great career, and were as-

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ROBERT TOOMBS.

touncled at the manner in which lie delivered his argument. A_s he concluded his address lie turned in bis place and caught the- eye of Rev. Father J. M. O'Brieii, an old friend of his. "Why, Father O'Brien," he said, wringing his hand, "I ani glad to wee you taking an interest in this case. These people are trying to usurp your functions. They want to grant the defendant absolution." " But, General," replied the qniek-witted priest, "even I could not grant absolution until he had made res titution." " That's the doctrine," said the delighted lawver, pleased to find that the point of his speech had taken so well Sis face was all aglow with the yti'iidia certaminis of the forum. This was his last appearance in court, and he won his case.
His mother Georgia claimed his allegiance al ways, and he gave her his last and best pcnvers. He worked for the commonwealth, and gave the people more than he ever received in return.
In Augusta, in 1871, when he appeared before the Georgia Ktiilroad Commission and arraigned the lease of the State road as illegal and 1111hallowed, lie declared in a burst of indignation ; " I would rather be buried at the public expense than to leave a dirty shilling." It was the acme of his desire to live and die like a gentleman.
He had always been a safe financier. Scorning wealth, he had early found himself wealthy. It is estimated that he made more than a million dol-

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363

lars by his law practice after the war. He spent his money freely, cai'eful always to avoid debt. Further than this, he kept no account of his means. Tvike .A^tor, he invested much of his hold ings in. land, aucl owned a large number of fine plantations in middle Georgia. "When he died his estate probably reached two hundred thou sand dollars.

CHAPTER XXX.
TIES GREAT FAULT.
No just biography of Robert Toombs can "be written that does not take into notice the blemishes as well as the brightness of his character. He was a man on a grand scale. His virtues were heroic, his faults were conspicuous. JSTo man despised hypocrisy more titan lie did, and no one wonld have asked any sooner to be painted as he "was, without concealment. During the latter part of his life, many people knew him principally by his faults. Few knew what the wayward Prince Hal of the evening had been to King Henry in the morning hoar. Like Webster and Clay, he was made up of human frailty. As his intimate friend, Sanmel Barnett, said of him : " la spite of splen did physkjue, a man of blood and passion, he was not only a model of domestic virtue, bnt he avoided the lewd talk to which, many prominent men are addicted. A fine sportsman and rider, a splendid shot, lie was nothing of the racer or gamester. After all, he was more of a model than a warning." Among his faults, the one which ex aggerated all the others, was his use of ardent
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liquors. This habit grew upon him, especially after the failure of the war. A proud, imperious nature, accustomed to great labors and great re sponsibilities, was left without its main resource and supplied with the stimulus of wine. No man needed that stimulus less than he did. His was a manhood vibrant in age with, the warm, blood of youth, and always at its best when his spirits and intellect alone were at play. He was easily affected by the smallest indulgence. When he measured himself with others, glass for glass, the result was distressing, disastrous. The immediate effect of excess was short. The next morning his splendid vitality asserted itself, and he was'bright and clear as ever. The habit, however, grew upon him. The want of a physical check was bad. This wa,s the worst of all his faults, and was exaggerated by special circumstances. It was less indulged in at home and greatly circulated abroad. Frequently the press reporters would surround him and expose in the papers a mere caricature of him. His talk, when under the influence of wine, was racy, extravagant, a.ud fine, and his say ings too often found their way into print. In this way great injustice was done to tlie life and char acter of Robert Toombs, and Northern men who read these quaint sa,yings and redolent vaporings formed a distorted idea, of the man.
To a Northern correspondent who approached

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him during olio of these periods, Genera] Toombs said : " Yes,, a gentleman whose, intelligence revolts at usurpations nmst abstain from discussing the principles and policies of yonr federal government, or receive the kicks of crossroad sputterers and press reporters; mnst either lie or be silent. They know only how to brawl and scrawl ' hot head ' and 'impolitic maniac.' TVhy, my free negroes fellow iiioi'e than all your bosses. Now, damn it, put that in your paper."
liobert Toombs was built to live ninety years, and to have been, at Gladstone's age, a Gladstone in power.; lie took little pains to explain his real iiatiu'e. He seemed to take pains to conceal or mislead. He appeared at times to hide his better and expose his worse side. If he had been Byron, he would have put foi'ward his deformed foot. He was utterly indifferent to posthumous fame. Time and again he was asked to have his letters and speeches compiled for print, but he would never hear of it. He waived these suggestions away with the sententious remark, " that his life was written on the pages of his country's history." AVith all his faults, his were strong principles and generous impulses. " We know something of udiat he yielded, but we know nothing of what he re sisted." Include his strength and his weakness and measure him by other men, and we have a man of giant mold.

HIS GREAT FAULT.

367

One who was very near to Tooinbs in his last days said of him when he was dead: "It was a tiling of sorrow to see this majestic old man pausing to measure liis poor strength with a con firmed habit, rising, struggling, falling, and pray ing as he drifted on."
General Toombs used to say that "Webster "was the greatest man he ever knew, that Clay managed men better, and Calhoun was the finest logician of the century. " The two most eloquent men I ever heard were Northern men," said he ; " Choate and Prentiss." "Pierce," he used to say, "was the most complete gentleman I ever saw iiijhe White House. He was clever and correct. Zaehary Taylor was the most ignorant. It was amazing how little he knew. Van J3ureu was shrewd rather than sagacious. Tyler was a beautiful speaker, but Webster declared that a man who made a pretty speech was fit for nothing else." .
Toombs met Abraham Lincoln while he was in Congress. He related that IVIr. Lincoln once objected to sitting clown at table because he was the thirteenth man. Toombs told him that it was better to die than, to be a victim to superstition. At the Hampton Roads Conference, President Lincoln expressed to Judge Campbell his con fidence in the honesty and ability of Robert Toombs. He "was a great reader. General Toombs often said that if the whole English literature

368

ROBERT TOOMBS.

were lost, and. the Bible and Shakespeare remained, letters would riot be much the poorer. Shake speare was his standard. He was fond of S we. denborg, and in his early youth relished Tom l^aine.
Genera] Tooinbs had a great affinity for young naeu, upon whom he exerted a great influence. He once said to a party of friends that gambling was the worst of evils because it impoverished the pocket while it corrupted the mind. " How about drinking, General ? " he was asked. " Well, if a man is old and rich he may drink, for lie "will have the sympathy of his sober friends and the sup. port of his drinking ones."

CHAPTER XXXI.
JUS LAST DAYS.
IN 1880 General Toonibs appeared in Atlanta, and addressed the Georgia Legislature iu behalf of the candidacy of General A. 11. _Lawton for the United. States Senate. His appearance, as he walked lip the aisle, grini, venerable, and deter mined, awoke wild applause. He preserved his power of stirring tlie people whenever1 he spoke, but his speech, was not as racy and clear as it had been. " This was one of the occasions," to quote from a distinguished critic of Toombs, "when the almost extinct volcano glowed again with its wonted fires--when the ivy-mantled keep of the crumbling castle resumed its pristine defiance with deep-toned culverin and ponderous mace; when, amid the colossal fragments of the tottering temple, men recognized, the unsubdued spirit of Samson Agonistes."
His last public speech was in September, 1884, "when the people of Washington carried him the news of Cleveland's election to the Presidency. He came to his porch and responded briefly, al most inaudibly, to the serenade, but lie was full of the gratification which Southern people felt over
S09

:*70

IlOHKltT TOOMT18.

that event. He declared tliat lie did not know tliat tliere was enough manhood in the country as to break loose from party ties and elect a President. The fact had revived his hope for the whole country. lie had, before this, taken a g'loomv view of the nation. I~Ie had, on one occa sion, declared that the injection Into the body pol itic of three million savages had made good gov ernment forever impossible. He liad afterward said that the American. Constitution rested solely upon the good faith of the people, and that would hardly bind together a great people of diverse in terests. " Since 1850," he once said, " 1 have never believed this Union to be perpetual. The expe rience of the last war will deter any faction from soon making an effort at secession. Had it not been for this, there would have been a collision in IS TO." But the election of Cleveland he regarded its M national, rather than a sectional victory--a rion-pai'tisaii triumph in fact; und it was at this time, the first occasion since the war, that he ex pressed regret that he had not regained his citizen ship and gone back: into public life.
But his great power had begun to wane. His tottering gait and hesitating speech pointed un mistakably to speedy dissolution. The new-born, hope for his country came just as his steps neared " the silent, solemn shore of that vast ocean he must sail so soon."

IfIS LAST DAYS.

371

In March, 1 883, General Toombs was summoned to Atlanta to attend the funeral of his lifelong friend Mr. Stephens. The latter liad been tin in valid for forty years, but was kept in active life by the sheer force of his indomitable will, limerg;ing from the war a prisoner, lie had finally secured his release and had been elected United States Senator. _Being prevented from taldug his seat, he had returned home and finished his constitu tional review of the " War Between the States." In 1873 he had been reflected to Congress, where he liad remained for ten years, resigning this posi tion to accept the nomination for Governor of Georgia, which liis party had offered him at a critical moment. It had been the desire of the " Great Commoner" to "die in harness," and there is no doubt that his close attention to the arduous duties ol' Governor hastened his death. Thousands of Georgians repaired to the State Capitol to honor his memory, but he who attracted most at tention was the gray and grief-stricken companion who stood by the coffin of the man he had honored for fifty years. Mr. Stephens, in his diary, recalls the fact that his first meeting with Mr. Toombs was in court, when the latter generously offered to lend him money and look after his practice so that Stephens could take a trip for his health.
Like Damou a,nd Pythias, these two jnen were bound by the strongest ties. They entered public

372

ROBERT TOOMBS.

life together in the General Assembly of Georgia. Together they rode the circuits as young attorneys, and each was rewarded about the same time with a seal: in the national councils. Both were con spicuous in the ante-bellum agitation, and both were prominent in the Civil AVar. As age advanced their relations were closer still.
General Toonibs at the funeral of his friend pro nounced a eulogium on the dead. His words wei-e tremulous, and the trooping, tender memories of half a century crowded into the angnisli of that moment. Toombs and Stephens, so long united in life, were not long parted in death.
In September, 1883, Mrs. Toombs died at her summer residence in Clarkesville, Ga. Their de voted friend, Dr. Steiner, was with them at the time, and rendered the double offices of family physician arid sympathetic friend. Between these two men there had been a warm and long friend ship. Dr. Steiner talked with General Toombs about his spiritual condition. A godly man hiuiself, the doctor thought that he might remove any doubts that might linger in the mind of the stricken husband. He was gratified to hear that the way was clear. " Why, doctor," said General Toombs, " I am a prayerful man. I read the Bible and the Prayer Book every day." " Then why not be baptized, General ? " " Baptize me, doctor," _was his prompt reply. Dr. Steiner answered that

ins LAST JOAYB.

S73

there was no immediate need of that. The gen eral was in good health. Dr. Steiner had bap tized patients, he said, but it was in times of emergency. It was the desire of General Toombs to be baptized at the bedside of his wife. In a short time Robert Tooui bs was in communion with the Southern Methodist Church. It was his wife'^ beautiful example, "moving beside that soaring, stormy spirit, praying to God for blessings on it," which brought him to a confession of his faith, and left him in full fellowship with God's people.
General Toombs' health commenced visibly to fail after his wife's death, and the loss of Mr. Ste phens made life lonely. His younger brother Gabriel, himself in the shadow of a great affliction, was with him constantly. They were devotedly attached to each other. Mr. Gabriel Toornbs is, in personal appearance, very much Irke his brother. The long, iron-gray hair, brushed straight out from his head, reminds one of !Robert Toornbs. He is smaller in stature, and is a man of strong abilities, even temperament, and well-balanced mind. His brother had great regard for his busi ness judgment and political sagacity, and often consulted him on public matters. These men lived near each other in AVashitigton, their fam ilies grew up together, and General Toombs re garded his brother's children almost as he did his own.

374

nOJSERT TOOMBS.

On the 30th of September, 1885, Robert Toombs was confined to his house by illness. It was a general breaking down of his whole system. It was evident that he was Hearing his end. Dining his last illness his mind would wander, arid then his faculties would return with singular clearness. He suffered little pain. As Henry Grady said of him, it seemed that this kingly power and great vitality, which had subdued everything else, would finally conquer death. His ruling instinct was strong in dissolution. He still preserved, to the last his faculty of grasping with ease public situations, and " framing terse epi grams, which he threw out like proverbs."
During one of his lucid intervals he asked for the news. He was told ; " General, the Georgia Legislature has not yet adjourned."
".Lord, send for Cromwell," he answered, as he turned on his pillow.
Another time he was told that the Prohibition ists were holding an election in the town. " Pro hibitionists," said he, " are men of small pints."
His mind at this period dwelt mainly on seri ous thoughts. The Bible was read to him daily. He was perfectly aware of his condition. He said to Dr. Steiner: " Looking over iny broad field of life, I have not a resentment. I would not pang a heart."
He talked in his delirium of Mr. Stephens and

HIS LAST DAYS.

376

Dr. Steiner. The latter recalled Mm and said : " General, I am here by your side ; Mr. Stephens, you know, has crossed over the river." Coming to himself, he said: " Yes, I know I am fast passiug away. Life's fitful fever will soon be over. I would not blot out a single act of my life."
Dr. Steiner declared that he never before real ized so fully the appropriateness of Mr. Stephens' tribute to Toombs; "His was the greatest mind \ ever came in contact with. Its operations, even in its errors, remind me of a mighty waste of waters."
When the time came for Dr. Steiner to return to his home in Augusta, General Toombs bade him good-by. I am sorry," said he, " the hour is come. I hope we shall meet in a better place."
After Thursday, December 1 0, General Toombs did not regain consciousness. On Monday, De cember 15, 1885, at G o'clock p. jr., he breathed his last. ' Just as the darkness of a winter eve.iirug stole over the land the great spirit of the states man walked into eternal light.
He was buried on Thursday, December 18, at twelve o'clock. The funeral exercises were held in the little brick Methodist church, where his wife and daughter had worshiped.
The funeral was simple, according to his wishes. A large number of public men in Georgia attended the services. Dr. llillyer, a prominent Baptist

876

HOEEBT 1'OOMHS.

divine and classmate of Genera,! Toombs, assisted in the services. !Rt. Kev. John \\r. Beckwith, Epis copal Bishop of Georgia, who had been his closest religious adviser after the death of the Methodist Bishop George i\ Pierce, delivered a beautiful eulogium.
The remains were interred in the "Washington cemetery, by the side of the body of his wife. A. handsome marble shaft, bearing the simple and speaking inscription " Robert Toombs," marks the spot which is sacred to all Georgians.

THE END.

INDEX.

Abolitionists, election of "Inde pendent .Democrats" by, 109; in campaign of effect of Dred Scott
Achison, l>avid It., leader in. U. S. Senate, 107
Aet of 1780, ci;iim for enforce-
racnt of, 73-76 Adams, John Q., compact with
Clay, 14 ; charge of corruption against, 55; member of Twentyninth Congress, 56 Alabama, delegates ivithdraiv from Charleston convention, 177 ; secession of, 213 ; escape through, 301-303 Alabama, escape on tbe, 305 Alexander, W'. P.. joins in lOuropeaii trip, 125 ; appointed Quartermaster-ma-jor, S37 Alexander, Mrs. W. F., death, 312 Aliens, Toombs' welcome for, ICO, 131 Alps, visit to the, ISO
American party, rise, 121; opposed and " denounced !>v Toombs, 124, 128, 147, 149; snecesses and defeats in 185,"), 138; nominates Pilhnore, 110; opposition to Toombs' party, 14H; principles, 148; nominates Hill for governorship of Georgia, 155;"do-wnftill, 158
Amsterdam, visit to, 126 Anderson, JNlajor, "bfisiegcd nt
Fort Sumter, 327-229 Andrcws, Judge, defeated for
governorship of Georgia, 128 Andrews' Grove, debate between
Toombs and Hill in, 145-152

Appletoii, William, entertains Toombs at Boston, 130
Arkansas, delegates leave Charleston convention, 177; secedes, 233
Army Appropriation bill, debate between Tooinbs and Davisoii, 247-249
Array of Korthern Virginia, 5, 262
Army of Potomtic, defeated before Richmond, 246
Articles of Confederation, bearing- on slavery question, 133
Athens, University at, 7-12 Atlanta, quarrel between Ste-
piiens and Cone hi, G2; in the field beforo, 276; political meeting at, 824 Atlanta Sun, edited bv Stephens, 332 Atlantic cable, opposes appropriation for, 194 Augusta, Ga., speeches at, 4750, 103-168 -Anquhtx, Chronicle and Sentinel, defends Toombs, 186
Baltimore, delegate to Clay conventionat, 40; Whig convention at, 97 ; liemocratic convention at, 07
Baltimore convention, the, action in regard to Georgia deleRations, 182
Banking, position on, 33. 39 Bank of the United States, 32

3V8

INDEX.

Bar, admission to the, 33 Barnett, Samuel, frames railroad
law, 851 ; tribute to Toombs, 364 Bartow, Francis S., deputy to Provisional Congress, 215 Bayard, James A., leader in U. S. Senate, 107 ; member of Charleston convention, 17G ; presides over seceders from Charleston convention, 178 Beaverdam Creek, 3 Bcckwith, Bisliop John W., culogium on Toombs, 355, 376 Bull. John, leader in U, S. Senate, 107 ; vote on Kansas-
Nebraska bill, 115 ; nominated for Presidency, 183 ; vote in Georgia for, 184 Bcnjamin, JurJali P., Attorney General of Confederate States, 321 ; legal practice in England, 310 Beniiing, Col., assumes command of Toombs' brigade, 368 Benton, Thomas IX, on disunion, 81 Berrien, John "M., censured by Georgia I>cmocrats, S9 ; represents Georgia in U", S. Senate, G8 ; iu campaign of 1851, 93, 94 Bill of Rights, in Constitutional convention, 345 Bird, Edge, reunion with Toombs. 298, 299 Black, Edward J.. opposes Toombs in campaign of 1844, 53 Blainc, J. G., characterization of Toombs' farewell speech in Senate, 305 ; on bombardment of Sumter, 229 ; on ravages of Confederate ships, 333 ; objccts to Toombs' restoration to citizenship, 313 Blair, Frank P., nominated for Vice-presidcnrv, 324 Blockade of Southern ports, 229 Bonds, repudiation of outlawed,
343, 344

Boston, lecture in, 129-135 Boston Journal, on Toombs' lee-
ture; 181 Boytl Amendment, 80 Braddock, Gen., massacre of his
command, 1 Brai?g, Gen., opposed by
Toombs and Lintdn Stephens, 274 Breckenridge, John G., elected vice president, 353; noniinated for Presidency, 188; vole in Georgia for. 184; lastattendsince at Confederate Cabinet, 282 Bright, John, restrains recog-
mtion of Confederacy, 232, 233 Broderick, Senator, eulogized by Toombs, 336 Brooks, Preston S., assaults Snrnner, 141, 142; reflected, 142 Brown, John, raid on Harper's Ferry, 169; execution, 169; influence of, 170; Toombs' cbaracforizaiiou of his raid, 372, 173 Brown, Joseph E., nominated for governorship of Georgia, 154; rise of, 150, 157; supporteel by Toombs, 157; ability. 158; elected governor, 158; cantlidate for reclcction to a;overnorship, 166; seizes Fort Pulaski, 214; opposes Conscripti on and Impressment Acts, 273; commended by Toombs, 378; parting with Toombs, 281; joins Republican psu-ty, 290; strained relations with Toombs, 333-336 Browne, W. M., Confederate Assistaut Secretary of State, 237 Brussels, visit to, 126 Bucbanan, .Tamos, on KansasNebraska bill, 114, 115; nominated for Presidency, 141; elected, 152; position on Terrilorial question, 159; dissolution
of Cabinet, 199

Bullock, G-OY., 317, 330, 321

Bunker Hill Monument, denial

of speech, about slave roll-call,

at, 119

Bart, Arnristead, member of

Twenty-ninth Congress, 56

Bush Arbor meeting, 334-337

Butler, Benjamin F., member of

Charleston convention, 176

Butler, Senator, Sunmer's stric-

lures on, 142

.

Calhoun, John C., compared with

Toombs, 14 ; as a lawyer, 16 ;

conflict with Jackson, 2<.) ;

admiration 'Of Toombs for, 31,

104, 367; railroad schemes of,

41 ; arraigned for the " sugar

letter," 4.6 ; characterization of

acquired Mexican territory, 67 ;

last efforts of, 68, 79, 107

California, acquisition of, 67 ;

question of admission of, 77-

81, 85 ; Toombs1 ideas on ex-

elusion of slavery from, ftl ;

supports the South in Charles-

ton convention, 177

Cameron, Simon, criticised by

Toombs, 197

Canada, favors purchase of,

195

Garibbean Sea, advocates making

a nuvre c&tiisum, 106

"

Cai-lyl, Thomas, view of the

Civil War, 33; Toombs' inter-

views with, 310

Gass, L,cwis, defeated for the

Presidency, 63; leader in U.

S. Senate, 107; enmity to, by

Northern men, 118

Catlett, iliss, B

Central America, favors purchase

of, 195

Centreville, -Tohnston's advance

to, 238 ; Toombs' retreat from,

239; escape of Toombs through,

293

"

Chandler, Daniel, 9

Charles T., legend of Toombs'

ancestors and, 1, 3, 156

Charleston, S. C,, Yaucey's

speech in. 178 ; excitement at bombardment oC Sunvter, 227 Charleston convention the, 175181 Charlton, Robert M., Democratic leader, 51 ; opposition to Toombs, 95 Chase, Salmon P., represent?, Ohio in U. S. Senate, 68, 107 ; an " Independent Demo-
crat," 109 ; vote on KansasNebraska bill, 115
Chattahoocb.ee River, Toombs'
escape by, 301 Choiuuilt, Nick, 288 Clierokee County, sends Brown
to State Senate, 157 Chickahominy River, Johnstou's
retreat behind, 245 Chiekamauga, dispute between
Gen. Hi 11" ami Gen. Walker at battle of, 358, 359 Choate, liufus, Toombs on, 3G7 Cilley duel, the, 55 Cincinnati Platform of 1856, 143, 105 Civil war, Toombs' horror of, 130; opening of the, 327.
Clarke, Gen/ John, feud with Crawford, 29, 30
Clarkesville, Ga., summer residence ;i(, 373
Clay, Henry, 14 ; Toombs' oplnion of, 98, 50, 104, 367 ; uominated for Presidency, 46 ; Compromise measures, 53, 70 ; opposition to, in c.nmp:ugn of 1844, 54, 55; popularity,^; position in campaign of 1848, 60 ; opinion on disposition of acquired, territory, (57 ; last efforts of, 68 ; the '' Omnibus bill," 80; detitli, 107; denies framing the Mis^onri Compromisc. 113 ; position on internal
improvements, 188 ; his loss felt, 301 Clay and Adams compact, the, 14 Clayton Compromise, the, 61, 62,
64

380

1NZ1&X.

Cleveland, Grover, Toombs' speech on election of, 870
Cobfo, Gov. Ho well, as a lawyer, 16, 20, 21 ; Democratic leader, SI ; member of Twenty-ninth Congress, 56 ; elected Speaker of House of Representatives, 69 ; position on admission of California, .81; position on disunion, 82; nominated for gorernorship, go. ; characteristics of,.87 ; in campaign of 1851, 92; elected governor, 93; opinion of Joseph E. Brown, 155 ; indorses seeeders from Charleston convention, 179 ;
prominence of, 186 ; deputv to Provisional Congress, 315 ; president of Provisional Congress, 3J.G ; addresses meeting at Atlanta, 324 Cobb, Thomas R. R., zeal for secession, 212; de-puly to Provisional Congress, 215 Cobb, Thomas W., guardian of Robert Toombs, 7,"8 College discipline, 8, 9 Collins v. Central R. R. & Banking Co., case argued by Toombs, 346 Colquitt, Walter T., elected IT.
S. Senator, 38 ; Democratic leader, 51 Columbia County, legal practice in, 15 Columbia River, boundary line of, 57 Commerce, ToonYbs' views on the power to regulate, 189 Committee on Banking, General Assembly, chairmai:Tof, 33 Committee on Internal Improve-
mcnts, General Assembly, member of, 33 ; chairman of, 40 Committee on State of the Republic, General Assembly, chairman of, 83 Committees, views on legislation through, 196 Compromise bill, the, 53

Compromise of 1850, the, 67-82; indorsed toy Whig and I)emoeratic conventions at Baltimore, 07 ; Gen. Scott's position on, 103
Cone, Francis H., as a lawyer, 16 ; opposed to Toombs at the liar, 25 ; quarrel with Stephens, 62
Confederacy, last days of the, 280-284
Confederate commissioners, mission to Washington, 222-224, scut to Europe, 229
Confederate navy, captures by, 232
Confederate States, preparation of Constitution for, 219, 230 ; appointment of Cabinet, 231 ; lust meeting- of Cabinet, 282
Conscription and Impressment Acts, opposition to, 272, 273
Constitutional Union party, 81, 93, 183
Constitutional convention, and the new constitution of Georgia, 337-352
Conventions, Toornbs' opinion of, 103, 104, 106
Corporations, attitude towEUxl, 346
Crawford, George W., as a lawyer, 16 ; resolution in Whig convention of 1848, 60 ; connection with the Golphiu claim, 05 ; retirement of, GO ; presides over Slate Sovereignty convention, 209
Crawford, Martin J., deputy to Provisional Congress. 315 ; Confederate commissioner to "Washington, 222
Crawford, William H., career, 13, 14, 16 ; feud with Clarkc, 39, 30 ; heads Whig electoral ticket in Georgia, 1848, 60
Creek War, Toombs' service in, 33 ; anecdote of sutler. 352
Creole, Toombs' escape on the, 303, 304

INDEX.

381

Grit tendon Compromise, the,

Georgia, 37; enters U S. Sen-

203, 203

ale, 68

Cuba, favors purchase of, 195. Peas, Joseph, aids Toombs' es-

196 ; arrival in, 307

cape, 206

Cumberland Gap, raili-oud Declaration of Independence, po-

.seheme for, 41

sit ion on slavery question, 133

Cummin:?, Major J. B., 359

Declaration of Paris, accepted by

CummiiiEfs Point/ baUery, iiros

Confederate government, 331

on Fort Sumter, 3S7

Delaware delegates leave Chiirles-

Cushiu"-, Caleb, president of

ton convention, 177

Charleston convention, 175 ; Democratic party, strength, in

resigns chairmanship of Balti-

Georgia, 30 ; supports central

more convention, 182 ; pve-

bank scheme, ;S8 ; (tonsures

sides over seceders from Bal-

Senator Bcrrien, 39 ; criticised,

timore convention, 183

48 ; carries additional protec

tion measure, 51 ; attempt to

Dallas, Geor^b M., attitude on

defeat Toombs by, in 1848, 63,

tariff question, 50 ; Georgia's

04; elects Cobb Speaker of

vote for, 55

House, 69; joint action with

Danbuvsj, letter from Toombs to

M'higs in Georgia, 85 ; conyen-

constituents at, 109-201

tion at Baltimore, 97 ; loss of

Davis, Col , quarrel "vvitli Henry

House majority, 131 ; nomi-

Clay, 54, 55

nates Buchan/in, 141; nominates

Davis, Jefferson, Toombs' ad-

Brown for governor of Gcor-

viceto, 2;', ; member of Twenty-

gia, 354 ; split over Territorial

ninth Congress, 56 ; on

question, 106, 167 ; demand for

Toombs' financial ability, 59 ;

new plank in platform, 167 ;

represents Mississippi in U. S.

split among Georgia Democrats,

Senate, 08 ; defeated by Foole,

183 ; success in State legisla-

97 ; debate -with Douglas on

tare, 32J>

popular sovereignty, 168, 164 ; Depreciation of currency, 81

personal traits, f68 ; Senate District of Columbia, Clay's pro-

resolutions concerning South-

posed abolition of slave trade

ern principles, 181 ; election to

in, 79 ; amendment as to slav-

Vresldene.y of Confederate

eiy in, 302

States, 317, 218 ; appoints his Disunion, opposition .to, 81 ;

Cabinet, 221 ; belief in Seward,

clamor for, 83

228 ; Toombs' opinion of, 941, Dooly, Judge, 14

342 s 346 ; debate with Toombs " Boor-sill" speech, the, 170-174.

on Army Appropriation, bill, Dongherty, Xiobert, 9

247-249 ; poliev and character Douglas, Stephen A,, member of

of, 274, 275 ; attends last meet-

Twenty-ninth Congress, 56;

ing of Confederate Cabinet,

enters U. 8. Senate. 68; leader

281, 283 ; tribute to Toombs,

in U. S. Senate, 107 ; intro-

284 ; arrest of, 284 ; last meet-

duces Kansas-Nebraska bill,

1014- with Toombs, S84, S85 ; in

108, 109 ; second bill on Kan-

irons, 398

stisJSTebraska question, 109 ;

Davis, John W., elected Speaker

Inn-ned in effigy, 115; Presi-

of Twenty-iiitith Congress, oO

dcntial aspirations, 140, 161 ;

Dawson, William. C-, us a lawyer,

debate -with Lincoln, 161,

16 ; candidate for governor of

162 ; accused of participation

Douglas, Stephen A.-- Gont'd. in assault on Sumncr, 142, 143; eulogized toy Toonibs, 148, 149, 164. 165, 367 ; opposes .Lecomyton constitution, J60 ; indorses Dred Scott decision, 160 ; reflected to U. 8. Semite, 162, 163; -views on popular sovereignty, 163, 104 ; resolution for protection of States against invasion, 170172 ; rupture with Toorabs, 181 ; nominated for Presidency, IBS ; vote in Georgia for, 184
Dred Scott case, 159 Droomgoole, George C., member
of Twenty-ninth Congress, 56 Da Bose, Dudley M., Toonibs'
adjatant-general, 337; forms partnership with Toombs, 316 ; sent Lo Congress, 339 Dii Bose. Mrs, Dudley M., death of, 310 Du Bose -K. Georgia Ttailroarl, case argued by Toombs, 846 Du Quesne, Fort, massacre at, 1
Elbei-ton, Ga., speech at, 80 Electoral vole, views on count-
inir, 193. 194 Emigrant Aid Societies, 115-118,
159 Etui-hien, visit to, 309 England, introduction of slavery
into Colonies by, 134 English compromise on Lecorap-
ton constitution, 164 Eugenie, Empress, Toombs* in-
tcrviews with, 310 Europe, trip in, 125-128 ; hesi-
tation of powers in regard to the Confederacy, 333 Evans, Augusta J., aids Toombs' escape, 803, 303

Evans, Howard, aids Toombs' escape, 302, 303
Everctt, F.dward, nominated for 'Vice-presidency, 183
Fanning, "Welcome, 6 Pel ton, W. H., opposition to,
105 "Fifty-four forty, or fight," 57
Fill more, Millard. nominated for Vice-presidency, 60; on repeal of Missouri Compromise, 115 ; nominated for Presidency, 140 ; Toombs' characterization of, 149, 150 ; electoral vote for,
152 Finance Committee of Provisional
Congress, chairman of, 220 Fish, Hamilton, vote on Kansas-
Nebraska bill, 115 Fitzpatrick, Gov., declines nom
ination for Vice-presidency, 182 Florida, delegates leave Charles ton convention, 177 ; secession of, 213 Foote. Henry S., represents Mis sissippi in U- S. Senate, 68 ; elected governor of Mississippi, 97 ; contest with Davis in Mis sissippi, 163 "Forbidden Fruit," 67 Force bill, the, 51 Forcacre, Supt., frames railroad law, 351 Forensic eloquence, 18, 21, 24. 25, 27, 28. 361 Forsyth, John, Confederate com missioner to Washington, 222 Forsythe, John C., attitude on the Compromise bill, 52 Ports. See their names. France, Mexican schemes, 233; political events in, 309, 310
Franklin College, 6-12 Franklin Comity, legal practice
in. 16 Freemasons, joins the, 289 Free-port, 111., debate between
Lincoln and Douglas at, 161,

383

Free-Soil party, 80 Fttie-Soil sottluTS, 115, 116 Fremont, John C., uomiuattxl
fur Presidency, 140 ; electoral
vote for, 153 French, C'apt. IT. L.. account of
Toonibs at second buttle of Manassas, 301 Fugitive-Slave law. Clay's pro posed, 79 ; the Georgia plat form, 86 ; indorsed by Whig convention at Baltimore, 97 ; Webster's attitude on, 100 ; allusion to. in Boston lecture,
181 FupiLive-Slave laws, passage of
new, 170; proposed amend
ments, 203 ; demands of UK: South as to, 206 Fulton, Col. M. C., narrow escape of, 804
Gardner, James, candidate for governorship of Georgia, 15?
Garrison, W. L., denunciation of U". S. Constitution, 139
General Assembly, service in the,
17, 30-46; vote for Speaker in, S3 Geneva, visit to, 136 Georgia, land-grant to Major Robert Toombs in, 3 ; distress in, 34-97 ; first railroad in, 40 ; internal improvements, 40 cstablishment of Supreme Court, 41 ; orii'ani/.alion of Congres sional districts, 44 ; supports
Jackson in 1834, 51 ; Henry Clay in, 55 ; panegyric on, 58 ; formation of " Rouirh and
Ready" clubs in, 60 ; the Glayton Compromise in, 60-63; for) nation of Constitutional "Union party, 81, 183 ; growth of secession sentiment in, 88, 301, 204 ; adoption of the " Georgia Platform," 8G ; nom ination of IIowell Cobb for governor, 8*i ; nomination of JMcDonald for governor, 90; a national battle ground, 103;

supports Pierce and Kirn?, 109, 103 ; uncertainly of polities in, 131 ; breaking up of Knownothing partv in, 12S ; cam
paign of 1855, 128; vote for Buchanau in convention, 14.1 ;
campaign of 1856, 148-152 ; polities in, 145 ; carried by Bncluinati, 153 ; campaiirn of 1857, 154 ; opposition to Brown's re flection, 160 ; indorsement of Toonibs* sentiments by. 168; position on the. FnjjiLive-Slave law, 174 ; action of dfeleo;ates
to Charleston convention, 179 ; split in "Democratic party, 183 ; vote in I860, 184; prominence in 1860, 18(3; call for State con vention, 300 ; votes for .seces sion, 209 ; institution of shivery in, 211; wealth at time of seces
sion, SIS ; agncii3tural policy during -war, 275 the militia, 276-378 ; the March to the Sea, 280 ; Gov. Brown's address to people of, 290 ; Toombs' ac quaintance in, 299; Toombs' return to, 3t5 ; in reconstruc
tion days, 815-330; Constitu tional convention, and Hie now constitution, 85*7-853 ; railroad commission formed, 350, 351 Georgia Platform, the, 83, 9;-!, 07 Georgia "Railroad, 40 Gettysburg and Mulvern Hill compared, 253 Gillet, R. If., vote on Kansas-Ne
braska bill, 115 Gilmer, George R., ;is a lawyer,
16 ; oil railroad construction, 41 Glen Spring, Ga., meeting be tween Hill and Brown at, 155 Golphin claim, the, 65 Guilder, Maior, aids Toombs' escape, 294, 293 Gordon, Gen. Joint B., interview with Tilden, 32-1 ; nominated for governor, 324 Gordon&ville, Toombs under ar
rest, at, 259, 260

Grady, Henry "W., characteriza tion of J. E. Brown, 156 ; at Bush Arbor mrelin<r, 337 ; on Toomha' approaching death.
374 " Gray Alice," 5, 2(58, 288, 202,
297, 300, 301 Great Britain, contention over
O i-en-oii question, 5(j-59 ; aeeused of lack of sympathy -with the Xortli, 230 " Great. P;icificator," the, 201 Greelev, Horace, nominal ion op posed by Toombs, 105, 332 Green a Oonntv, partition of hind in, 3 ; legal" practice in, 16 Grcsliiim, ,T. J., 170 Gulf of .Mexico, advocates mak ing a mare cla'UMint, 196
Hnbersham County, escape through, 291
Hna'jtrstown, taken, possession of by Toombs, 265
I-IaJc, Senator, contest vn'th Toombs in Kansas debate, 117120
Ballet, B. F,, letter from Toombs to, 119
Hamlin, Hannibal, member of
vote on Kansas-Nebraska bill, 115 Hardeman, Frank, 14 Hardcmnn, Judge Samuel H., 2G Harper's Ferry, John Brown's raid on, 109 Harrisburg convention, demands protection, 51 Harrison, W. H. , election of, 33; Toombs' interest in election of, 45 Harrison Landing, Toombs' es cape by, 288 Hayne, It. Y., challenge to Web ster, 175 Hayti, effects of emancipation in, 134 Heavcl House, the, 282 Hill, Benjamin 11., as n, lawyer. 20 ; associated with Toombs in

Eberhart case, 20 ; opposition to Toombs, 95 ; rising fame of. 144 ; debate with Toombs, 144
orship of Georgia, 155 ; sup ports Bell and "Everett, 184; Vincent's characterization of. 184, 185 ; deputy to Provi sional Congress, 215 ; chosen Confederate Senator, 241 ; ad dresses meeting at Atlanta, 324, 327 ; challenged by Stephens, 330 Hill, Gen. IX H., at 3ialvern Hill, 252, 253 ; cluirges against Toombs, and correspondence Ihereon, 254-258 ; character. 258, 259 ; challenged bv Toombs, 336 Hilliarcl, Henry W., member of Tweiitv-ninOi Conerrcss, 56 Hillver, Dr., assists in Toombs' funeral services, 375, 376 Holt, Hincs, opposition to Toombs, 95 Homestead and Exemption laws, 38, 317, 340 Hood, Gen. J, B. T in command of Confederate forces, 270 House of Representatives, U. 8., Toombs' action on or^anv/.ation of House, Dec. 22, 1850, 71-70 Houston, Samuel, represents Texas in TJ. S. Senate, 68; comparison of Toombs with, 131 Houston County, Toombs' escape through, 299 Huger, Gen., 245 Hughes, CoJ. David, aids T oombs' csca pe, 297 PTuIing. Catharine, B, 4 Hunter, Robert M. T., member of Twenty-ninth Congress, 56 ; represents Virginia in U. S. Senate, 68 ; succeeds Toombs' as Secretary of State, 237
Illinois, contest between Lincoln and Douglas in, 161, 102 ; re-

385

Illinois. -- Cont'd.

ident of Constitutional con-

election of Douglas to Senate,

mention, 337 ; deposed from

163 ; government control of

governorship, 337 ; views on

railroads, 346

railroad question, 345

Internal iuiproverncnts, views on, Johnson, Andrew, member of

188-191, 197; principles of

Twenty-ninth Congress, 56 ;

Confederate Constitution on,

impeachment of, 310; Toombs'

320

interview with, 313

Interstate Commerce Lti-, Gcor- Johnson, Hcrschel V,, Demo-

gia's intlueuce in framing, 851

cratic leader, 51; elected gov-

Intoxicating liquor, use of, 364-

ernor of Georgia, 138; leads

368

"Union wing of 'Georgia Demo-

Ireland, tour through, 126

crats, 183 ; nominated 1'or Vice-

Ivvin, Charles E., aids Toom"bs

presidency, 183; challenged,

to escape, 387-305 ; arrested at.

by Stephens, 336

Savannah, 293 ; war record, 305 Johnson, R. M., reunion with

Toombs, 298, 399

Jack Jones case, the, 361

Johnson, Port, fires on Fort

Jackson, Pre.s. Andrew, defeated

Sumtcr, 227

by Adams, 14; conflict wilh Johnston, Gen. Joseph E., on

Oalhoun, 29 ; Toombs' vote

first battle of Manassas, 288 ;

for, 30 ; opposition to. by

advance on Washington, 338;

Tronp, 31; attitude on tariff

withdraws from Manassas,

of 1834, 51; nullification pvoc-

289 ; heated interview with '

lamalion, 52; position on in-

Toombs, 248 ; recognizes

tonial improvements, 188

Toombs' -worth, 343, 244 ; re-

JacJi-soi), Chief Justice, tribute

treats behind the Chickahom-

to Toombs, 37, 28

iny, 34," ; criticism of. South-

Jamaica, effects of emancipation

em soldiers, 271 ; relieved from

in, 134

command, 37fi -, struggle with

James River. Army of Potomac

Sherman, 280

driven back to, 24

Jones, Gen. D. R.. report of

Jcil'ftrson, Thomas, supports the

second battle of Alanassas,

tariff, 48; detestation of party

261 ; reports of Toombs'

machinery, 106 ; position on

actions at Antietam, 2C4, 265

internal improvements, 188

Judiciary Committee, G-enenil

.Teffcrson County, on the stump

Assembly, clitiirJiiao of, SB, 38

in, 90

Jeiikhw, Charles J., as a lawyer, Kansas, civil war in, 115-118,

16 ; elected Speaker of House,

159 ; PJerce's inessage on stale

General Assembly, 33; de-

of, 115, 116

feated for U. S. sen a Worship, Kansas bill, opposition to, 16Q

38; reports the " Georgia Plat- Kansas-Nebraska bill, 107-115;

form," 86 ; author of the Geor-

dissatisfaction with, in Georgia,

gia Platform, 03; 08 ; opinion.

343 ; Hill on, 147-149

of Berrien, 03 ; nominated for Kennan, A, H., deputy to Pro-

Vice-presideiicy, 9E>; career of,

visional Congress, 215

101; personal character, 102 ; Kentucky, partial secession meas-

disputeR reconstruction raeas-

ures of, 333

ures, 323 ; carries off the great Iviniball House Company, flnan-

seal of Georgia, 333, 338; prcs-

cialdealings of Toom\)s with, 43

386

INDEX.

Kinch, ------, sutler in Creek war, 353
Knott, Pres. Eliphalet, 13 Know-nothing party. See Ameri-
can party
Labor, views on, 197 Larruir, A. R,, description of
Toombs. 336, 287 La-mar, De Rosset, Toombs' aid-
de-camp, 387 Lamartine. Toombs compared
with, 70" La ad-jobbing, opposition to, 53 Lane, Jack, reunion -with
Toombs, 398, 299
Lane, Joseph. C., nominated for Vice-presidency, 183
Lanier, Sidney, 284 Lawton, A. It., supported by
Toombs, 3G9 Lecompton constitution, favored
by Buchanau, 160 ; passes the Senate, 164 Lee, Gen. Robert E., captures John Brown, 169 ; successes of, 246 ; invades Maryland, 262 ; report of Toombs' actions at Aiitietam, 264 . Le Seur, Alexander, aids Toombs' escape, 288, 289 Lewis, O. W., defeated by Stephens, 93 Lexing-ton, Ga., speech in, 92 ; debate between Hill and Stephens at, 144, 145
Lincoln, Abraham, views on slavery question, 67 ; personal traits, 161, 163 ; opposes Douglas, 161, 162 ; letter to Stephens, 199 ; election of, 199 ; Toorabs' views of his policy, 200 ; war pressure on, 224 ; compared with Seward, 225 ; relies on Northern unanimity, 226 ; proclaims blockade of Southern ports, 339 ; disputes with McClellan, 239 ; confidence in Toombs, 867
"Little Giant," the, 109, 161 Long-street, Gen., opinion of

Toombs, 106, 241, 371 ; quarrel with Toombs, 359, 260 ; report of Manassas and Maryland campaign, 3G9 ; compliments Toombs, 3G9 ; Toombs' opin
ion of, 335 .Lookout Mountain, last meeting
of Da vis and Toombs at, 384 385 Louisiana, Callioun's "sugar letter " to, 46 ; delegates leave Charleston convention, 177 ; secession of, S16 Lumpkin, Joseph H., as a lawyer, 16 ; opinion of Tooiiibs' legal skill, 30
Lumpkin, murder case at, 23 ' Lyons, visit to, 126 Lyons, Lord, British minister at
Washington, 280
Macon County, Toombs' escape through, 299
Madison, James, position on internal improvements, 188
Magna Charta, lecture on, 327839
Magruder, Gen., operations on Warwick River, 244 ; command on the peninsula, 345
Mallory, S. B., Secretary of Navy of Confederate States, 321
Mallorysvillo, Ga., speech at, 46
Malvern Hill, battle of, 1, 253, 353
Manassas, first battle of, 338 ; evacuated by Confederates, 239 ; Toombs at second battle, 260-263
Manufactures, argument in favor of, 49
March to the Sea, the, 380 Marcy, Secretary. 231 Marietta, speech in, 91 Marque, letters of, 229-233 Marseilles, visit to, 136 Marshall, Chief Justice, 38 Marshall, Humphrey, duel with
Henry Clay, 55; recognizes Toonibs at New Orleans, 305

Martin, Major Luther, gives Toombs his parole papers/291; his house raided, 392
Maryland, invasion of, 2(32 Mason, A. D. , commissioner to
"Europe, 239 Mason, James M., represents Vir
ginia in fj. S. Senate, 68 ; reads C.ilfioiui's last speech, 79, 107 Massachusetts, power of Aboli tionists in, 109; withdraws from Baltimore Convention, 182 Matto-x, Col, W. It., shelters Toombs, 392 Maximilian, Emperor, defeat and execution of, 233
Maybrick, Mrs., 9 McClellan, Gen., succeeds Mc-
Doweli, 238 ; disputes with
Lincoln, 23!? ; inarches up the peninsula, 344
MeDaniel, 11. D., frames railroad law 30 1
McDonald, Charles J. , relief measures of, 34-37 ; rcclccted, 37 ; supports central bank scheme, 38 ; represents Georgia
at Nashville convention, 85 ; nominated for governor, 8<i -. Toomns on the nomination of, 90 ; supported by Berrien, 9:i ; defeated, 93 ; opposition to Toombs, 158 McDowell, Gen., succeeded by McClellan, 238
16 ; Toombs' contentions with, 4.!i--51 ; Oemocratie leader, 51 MuKennon, ------ .resignation from
Interior Department, 101 McMillan, Robert, as a lawyer,
16 ; defeated by Toombs, 93 . Mediterranean, visit to, 136 Mcmminger, C. G., as a lawyer.
21 ; Secretary of Treasury of Confederate States, 321 Merriweather, ------ , "Wins; leader, 51 Mexican, war, fruits of, 60
Mexico, defense of, in Texas question, 53 ; Toombs' opin

ions on conquest of, 59 ; the Clay toil Compromise, 61 ; troubles over territory ac quired from, 67 ; Toombs favors purchase of, 195 ; PrencU schemes in, 233 Might against ri^ht, 113 Milledge, Gov. John, 7 Milledgeville, Toombs in General Assembly at, 17; Toombs' prac tice in, 32, 133; doctrine of States' Bights, affirmed at con vention of 1833, 53 ; con veil-
tion of 1850 at, 86 ; cull for State convention in 1860 at. 179 ; meeting of State Sove reignty convention at in 1861,
209 Miller, Andrew J., 16 Mirabean, Toombs compared
with, 46, 70 Mississippi, position in secession
question, 97 ; delegates leave Charleston convention, 177 ; secession of, 313 Mississippi River, views on ap propriations for, 189-191 Missouri, sends settlers to Kansas, 115, 159 ; representation at Baltimore convention, J82 ; partial secession measures of,
333 ; government control of railroads in, 346 Missouri Compromise, refusal to extend the line of, 67 ; Sumner's claims for, 108 ; de
nounced by Toombs, 114 ; Fill HI ore 011 the repeal of, 115 Mobile, Ala. , escape through, 301 -303
Monopolies, hatred for, 26, 348, 349
Monroe, Portress, McClellnn's
arrival at, 244 ; Stephens im prisoned at, 298 Monroe, James, position on in ternal improvements, 188 Montgomery, Ala., Provisional Congress at, 216 Morris Island fires oil Suinttjr, 227

388

Morton, Oliver P., 314 Moses, li. J., Toombs' commis
sary general, 227 ; account of dispute between Toombs and. Gen. Hill, 256, 257 Moultrie, . Fort, fires on Fort Sumter, 227 Mount Pleasant battery fires on Fort Sumter, 237 Jlunson's Hill, Toombs' position at, 238
Naples, visit to, 126 Nashville, convention at, 85 National debt, views on, 197 National Democratic party, de
feated, 327; nominates Greeley for Presidency, 382 Neahmatha, insurrection of, 32 Negroes. Toombs on the status of, 133-137 ; Toombs' treat ment of his, 138, 139 ; decis ion of Dred Scott case, 159 ; Toombs' position toward, after the war, 341 New Mexico, bill to organize, 65 ; acquisition of, 67 ; question of organizing Territory, 79, 80 New Orleans, fall of, 245 ; escape through, 304, 305 Newspaper criticisms and mis representations, 365, 366 New World, return to America on the, 313 New York City, speech for Taylor in 1848, 64 New York State, power of Aboli tionists in, 109 New York Express, on Boston lecture, 131, 132 Nicholls, Col. John O., messen ger from Toombs to Brown,
Nis'bet, Eugenius A., offers secession resolution, 209 ; dep uty to Provisional Congress, 315
Norfolk, loss of, 245 North Carolina, supports Jack
son, 29 ; secedes, 233 Northern Circuit of Georgia, the
bar of, 16

"Notes on the Situation," 185, 336
Nullification, 51, 52
O'Brien, Rev. J. M., 362 Ocmulgee River, watched for
Toombs, 298 ; escape across, 299 Oconee Biver. 7, 296 Oglethorpe, Ga., escape through, 299 Oglethorpe Countv, legal prac tice in, 15, 16. 25 Ohio, position in regard to the Wilmot Proviso, 60 ; power of Abolitionists in, 109 ; gov ernment control of railroads in, 346 Olin, Stephen, 9 Omnibus bill (Clay's), 80 Omnibus bill (State aid to rail roads), opposed by' Toombs, 191 Ordinance of Secession, 209, 214 Oregon supports the Soulli in Charleston convention, 177 Oregon question, prominence in 1845, 56-59 Outlawry, Toombs' glory in, 23
Paine, Torn., Toombs'liking for, 368
Panic of 1837, 16, 31, 41 Paris, visit to, 126 ; flight to, 308 Payue, Henrv B,, member o
Charleston convention, 176 Peace congress, 234 Peace resolutions, 273 PeachTree Creek, in battle at, 276 Pennsylvania, government con
trol of railroads, 346 Pension grabs, views on, 192,
193, 197 Peter\s Colony Grant, 152 Phillips,Wendell, oratory of, 129 Pickens, Gfov., Democratic leader,
51 ; notified in regard to Fort Sumter, 224 Pierce, vUsLiop Gco. F., 10,11,376 Pierce, Pres. Franklin, Toombs' estimate of, 367; message on

INDEX.

389

Pierce, Pres. Franklin-- Contfd. state of Kansas, 31.5, 116; ve-
. toes Mississippi Itiver bill, 191 Polk, Pres. James K., attitude toward protection, 50 ; Q-eorgia's vote for, 55 ; position on Oregon question, 57 ; forced to retire from Oregon position, 59 ; veto of River and Harbor bill, 188 ; vetoes supported by Toombs, 191
Pope, Surah, 3 Pope,------, dentli of, and gener-
osif.y of Toombs to his family, 359, 360 Pope, Gen., driven from Virginia, 362Popular sovereignty, Domrlas' doctrine of, 162-HS4 Postal service, views on, 107 Pottle, Judge E. H., 25, 26 " Pour It back . in the jug," 353 Prat her, Col., shelters Toombs, 390 Prentiss, Sergeants., vanquished in debate by Davis, 163 Presidential vote, Toombs' views on counting-, 193 Principles o/Magna Charta, leeture, 337-320 " Privateers, 239-333 Produco, Loan, the, 336 Prohibitionists, Tooinba* opinion of, 374 Protection, defense of, 48-50 ; in campaign of 1844, 51 Provisional Congress of seceded States, 214-218 Pulaski, Fort, seized by Gov. Brown, 214
Railroad Commission of Georgia, 350, 351 ; Toombs' appear-
ance "before, 362 Railroad corporations, Toombs'
attitude toward, 342, 345-351 Randall, B. J,, proposes General
Amnesty Act 313
Randolph, John, duel with Henry Clay, 55

Rapidan River, Confederate re

tirement aJoiif, 239 : Toorabs'

brigade at the, 259

Jiappabannock River, Confeder-

sites relive behind, 239

Tleag-an, J. H., Postmaster Gen-

era! of Confederate States, 221 -,

.recognizes Toombs' merits,

270 ; last attendance at Con-

federate Cabinet, 382

Reconstruction Acts, views on,

325, 826

Reesc, Judge William M., on.

the practice of law, 15 ; descrip-

tion of Toombs by, 24 ; opinion

of Toombs' speeches, 339, 830 ;

frames railroad law, 351

Religion, liberality in matters of,

124, 125

Republican party, formation of,

140 ; growing strength of, 161 ;

arraigned by Toombs, 172-

174, 208 ; opposition to, in

Georgia, 824

Repudiation, 343, 344

Rhett, R. Barnwell, Democratic

leader, 51 ; member of Twenty-

ninth Congress, oG

Rhine, voya.se down the, 126

Richmond, Va., call for con ven

tion in, 178 ; chosen as capital

of Confederacy, 283 ; Mc-

Cleilan's march on. 244 ;

Toombs at defense of, 345,

246

Right to "bear arms, views on,

340

River and Harbor bills, views

on, 188-191

Roanoke, plantation at, 23, 330

Roman, A. B., Confederate com

missioner to Washington, 222

Roman Catholic Church,

Toombs' liberality toward,

134



Rome, visit to, 126

Rost, A. P.. commissioner to

Europe, 233

" liotigh and Ready " clubs,

60

Russia supports the North, 333

390

INDEX.

Sanders, Miss, 3 Savannah siege of 279; arrest of
Irviii at, 291
Savannah River, views on clearing, 188; Toombs' escape by, 288
" Scarlet Letter," the, 178 Schenectady, college course .at,
13
Scotland, tour through, 126 Scott, Gen. Wintield, service nn-
der, 32; opposition to, by Southern Whigs, 98; Toombs'
estimate of, 98, 99; defeats Webster, 100; vote lor,, in 1852, 103; rupture of Whig partv in Georgia on his iiomination, 121; opinion of Fort Sumter 223
Secession, clamor for, 83, 201; assertion of right of, 87; Toombs charged with fomenting, 94; foreseen by Toombs, 200; Toombs committed to the policy, 203; Georgia's vote for, 209; passage of Ordinance of, 209
So ward. William II., enters the ll. S. Senate, 68, 107; an "Independent Democrat," 109; vote on Kansas-Nebraska Ml], 115; refuses audience to Confederate commissioners, 222; views on evacuation of Port
Sumter, 222, 223; compared with Lincoln, 225; accuses
Great Britain of lack of sympatby, 230; diplomacy of, 333
Seymour, Horatio, nominated for Presidency, 324
Sharpsburg, battle of, 263-369 Sherman, 'W. T., March to the
Sea, 280 " Siamese Twins," the, 183 Simpsoii, W. W., reunion with
Toombs, 298. 399 Slaughter, James M., letter from
Yanccy to, 177, 178 Slavery, Gabriel Toombs' treat
ment of negroes, 3; arraign-

ment of Calhoun for the "sugar letter," 46 ; Toombs' attitude toward, 46, 47, 48; the Clayton Compromise, 61, 64; Lincoln's views on, 67, 162; Toombs' actions and speeches on slavery in Territories, 69, 76-81, 164, 166, 167, 181; Clay's resolutions to abolish, in District of Columbia, 79 ; protest against admission of California by Nashville convention, 85; Toombs accused of unsoundness on the question of, 85; the Georgia Platform, 86; Toombs' ideas on exclusion of, from California, 91; the Knnsas-Nebraska bill, 108-115; provisiousfor, in U. S. Constitution, 114; question reopened by Kansas-Nebraska bill, 114; lecture in Boston on, 129-135; Toonibs on the status of the negro, 133-137; decision of Dred Scott case, 159; Southern view of Dred Scott decision us affecting Territories, 162; Douglas' views on, in Ten-i tories. 163, 104; anxiety in the South for protection of, 165; demand for new plank in phttform of Democratic party, 167; deadlock on, in Charleston convention, 177; Lincoln's letter to Stephens, 190; teudcnov toward extinction, 199; measures before the House, 202; the Critteuden Compromise, 302, 203; demands of the South as to, 206; institution in Georgia, 211 Slidcll. John, member of Twenty-ninth Congress, 56; leader in U. S. S ' J "~
tions in, 138; demands of the,

South-- Cont'd.

condition, 372, 373 ; attends

as set forth by Toombs, SOS-

Toombs at the last, 374, 375

SOS; sacrifices by secession, 313 Stephens, Alexander H., his tu

South Carolina, condemnation of

tor, 6 ; as a lawyer, 16 ; com

school of politics of, 53; sup

pared with Toombs, IS, 20, 48;

ports. Pierce, 108; Hayne's

opinion of Toombs' let^il skill,

challenge to Webster, 175;

20 ; friendship -with Toombs,

secession of, 213

43 ; position on slavery Cjues-

Southern Methodist Church,

tiou, 44 ; elected to Congress,

Toombs' communion with, STB

44, 55, 5(5, 6-3, 123, 833 ; Wins

Southern Rights party, nominates

leader, 51 ; leads campaign ol'

Troup for Presidency, 103

1848 in Georgia, 60 ;, quarrel

Sp;i,rf,ti, On., Toombs' escape by,

with Cone, 03; reported rup

293, 398

ture between Prcs. Taylor and,

Speeches, i, iv, 18, 30, 31, 33-

04, 65 ; description of Toombs

35, 37, 28, 46-50, 57, 59, 04,

in debate, 75, 76 ; position on

69-78, 85, 88, 89. 91, 03, 98,

admission oi'California, 81; po

99, 103-105, 109-118, J4fi-

sition on disunion, 82; sent to

153, 165-108, 170-174, 176,

conventional, Milledgeville, 8'i;

177, 187-193, 205 -208, 230, 237,

personality of, 90; Toombs'de

317, 318, 334-836, B39, 331,

scription ol7, 91 ; in campaign

380, 348, 349, 80i), 370

of 1851, 93 ; defeats Lewis, 93 ;

Squatter sovereignty, 153; Doug

on the Compromise of 1850, 98;

las1 views on, 100, 102;

nominated for Congress by

Toombs' opposition to, 166,

Toombs, 105, 338; breaks up

107; before Charleston con

Know-nothing party in Geor

vention, 177

gia, 123 ; debate witb Hill, 144,

Stanton, Kdwhi M., orders

145 ; on Cincinnati Platform,

arrests of Confederate leaders,

165 ; opinion on action of

280

Charleston convention, 179 ;

State Railroad of Georgia, sup

supports Douglas for Presi

ported "by Toombs, 192

dency, 183 ; Vincent's cluir-

State
soy

Sovereignty

convention,

uctedzatioi) of, 184, 185: prom inence of, 186 ; loiter from

States" Rights, doctrine affirmed

Lincoln to, 190; views of se

at Milledgeville, 52 ; Toomlis 1

cession, 312 ; deputy to Pro

charactcri/.ation of the ClayUm

visional Congress, 21H ; opin

Compromise, 6:1 ; speeches and

ion of Provisional Congress,

views on. 09, 70, 70-78, 88,

21.6 ; Toombs' eulogy of, 216 ;

110-114, 116-119, 188; claims

opposes Conscription and Tni-

by Nashville convention, 85;

pressmenl Acts, 273 ; arrested,

the Cincinnati Platform, 141 ;

286 ; imprisoned at Portress

Hill on, 148.

Monroe, 298 ; defeated by

States' "Rights party, in campaign

Gordon, 333 ; becomes Gov

of 1844, 51 ; nominates Troup

ernor of Georgia, 333 ; chal

for Presidency, 102.

lenges Johnson and Hill, 336 ;

Bt.at.es' Rights' Whiles, joined

Vuneval of, H71, 372 ; tribute U>

hv Toombs, 30 ; policy of. 81,

Toombs, 375

Sterner, Dr. Henry IT., 119, 343 ; Stephens, Lint on, opinion of

influence over Toombs, 249 ;

Toombs, 26 ; opposes Conscript

talks with Toombs on spiritual

Acts, 273 ; introduces peace

392

INDEX.

Stephens, Linton-- Gont'd. resolutions, 273 ; career, 374 ;" aids Toombs' escape, 293 ; reunion with Toombs, 298, 299 ; disputes reconstruction measures, 323 ; activity in recoilstruction times, 333
Stewart County, Toonibs' escape through, 301
Stump-speaking, 145 Subtreasury system, the, 81,
38 Sumncr, Charles, leader in U. S.
Senate, 107 ; opposes KansasNebraska bill, 108,113; an "Independent Democrat," 109 ; denouuced by Toombs, 110 ; enmity to Southern propagaud-
ism, 129 ; Brooks' assault on, 141,142 Sumter, .Fort, Confederate de-
matid for surrender of, 222; abandonment favored by T.incoin's Cabinet, 323 ; preparations to provision, 224 ; orders to Beauregard, 325 ; bombardmerit of, 227-229 Superstition, Toombs' views on, 367 Supreme Court of Georgia, practice in, 20-22, 34, 25 ;'establishment of, 41 Suretyship, opposition to contracts of, 41, 42 Swedenborg, Toombs' fondness for, 368 Swinion, William, on Lincoln's administration, 272
Taliaferro Countv, assigned to Seventh Congressional Distriet, 44
Tauev, Roger B,, decision in
Dred Scolt case, 159 Tariff, Whigs favor protective,
31; defense of the, 48-50- in campaign of 1844, 51 ; modifled in 1832, 53 ; Toombs' attitude on, 53 ; prominence of the question, in. 1845, 56; bill of 184G, 59

Taxation, attitude ou Georgia, 54
Taylor, Gen. Dick, on Toonibs' energy, 279, 380
Taylor, Zachary, nominated for President, 60 ; elected, 63 ; attitude of Cabinet toward the South, 64 -, reported rupture with Toombs and Stephens, 64, 65 ; death, 60 ; opinion on disposition of acquired terrilorv, 67 ; Toonibs' opinion of, 367"
Tennessee secedes, 233
Territories, Toonibs' position on slavery in, 69, 76-78,80,182, 166, 167, 181 ; protest by Nashville convention in regard to, 85 ; the Georgia Platform,
86 ; the slavery question in the, 87; third great sectional fight on the, 107-115 ; Toombs
on Federal power over, 111, 133, 133 ; the Cincinnati Platform, 141 ; Hill on rights of, 148 ; Buchanan's position on question of, 159 ; Douglas' views on admission of, 160 ; Southern view of Dred 8eott decision as effecting slavery in. 162 ; Buchanan's resolution in Cincinnati Platform, 165; coiitest over slavery in, in Charleston convention, 177 ; demands of the South as to, 206 Texas, Toombs' attitude on annexation of, 53 -. prominence of question in 1845,56; Toombs' purchase of lauds in, 152, 153 ;
visit to, 153 ; delegates leave Charleston convention, 177 Texas and New Mexico bill, passed, 80 "The Crime against Kansas,"
143
Thomas, Thomas W., as a lawyer, 16 ; leader of campaign of 1848 in Georgia, 60; on Toonibs' characteristics, 372
Thompson, Jacob, member of tlie Twenty-ninth Congress, 56 ; leader in 17. S. Senate, 107

IJVDBX.

393

Tilden, S. J., interview with Gen. Gordon, 331
Tiift.es (London), on bombardmerit of SunUer, 328, 229
Tobacco, Too nibs' use of, 360, 361
Toombs, Ann, 3
Toombs, Augustus, 3 Toombs, Dawson Gabriel, 3 Toombs, Gabriel, Sr., 1-3 Toombs, Gabriel, Jr., 4; maiia-
ferof his brother's plantations, 75 ; at Ins brother's bedside, 373 ; resemblance to Robert, 373
Toombs, James, 3
Toombs, Louise, death of. 312 Toombs, Gen. Robert, ancestry,
1-4; birth, 4; filial affection, 4; boyhood and education, 4-
12; horsemanship, 4-6 ; historical learning-, 6; piny upon his name, 6 ; generosity, 10, 124, 283, 284, 857 ; joins Methodist Church 11 373 ; trustee of State University, 11 ; college legends of, 12; receives degree, 13 ; admitted to the bar, 13; marriage, 14; legal career, 13-28 ; legal ethics, 18, 19, 23; oratorical powers, ] 8. 31, 23-25, 27, 28; financial ability 33, 59 152, 630, 310, 362 ; morality, 23, 24 ; Kecse's opinion of 34; -justice of, 26, 37; failing powers, 27; bri)liant plea of, 38 ; entrance into politics, 30 ; elected to General Assembly, 30 ; popularity in Wilkes County, 32 ; chairman of Judiciary Committee in General Assembly, 33, 38 ; action on Gov. MoDon aid's relief measures, 34-37; financial policy, 85-39; defends Eerrien, 39 ; support of railroad enterprtse, 40 ; compared with A. H. Stephens, 43 ; friendship of the_ two, 43 ; first participatiou in national politics, 45 ; contentions with McDuffie, 45-

51; charged with being an Abolitionist, 46; compared to Mirabeau, 46 ; delegate to Clay convention of 1844, 46 ; opposes acquisition of Texas, 53 ; sent to Congress, 55, 56, 63, 9B ; position on Oregon qucstion, 57 ; leads in campaign of 1848 in Georgia, 60 ; reported rupture between Pres. Taylor and, 64, 65; leads Southern members from Whig caucus, 60 ; personal appearance, 72, 74, 89, 90, ISO ; domestic character, 83, 353-363 ; address to
people of Georgia, 83-85 ; sent to convention at Millcdgeville, 86; renominated for Congress, 87; prominence in campaign of 1850, 87, 88; position 011
the Union question, 8S ; a journalist's description of, 91; elected U. S. Senator, 94, 158 ; charged with fomenting secession, 94 ; letters to his wife, 95, 123-125, 158, 239, 242, 277, 878, 810-313, 354, 855, 359, 360 ; feeling toward the North, 98; friendship for Webster, 101 ; becomes a Democrat, 105; independence of, 106 ; enters U. S. Senate, 107 ; frequently misquoted, 319 ; horror of civil war, 120 ; death of his daughters, 123, 310,313; European 1rip, 123, 125-128 ; liberality in matters of conscience, 125 ; physical strength, 125, 127; international reputation, 126 ; knowledge of human nature, 327 ; treatment of slaves, 138, 139 ; accused of participation in assault on Simmer, 142, 143 ; debate with Hill. 144-152 ; accused of being a turncoat and disunionist, 151 ; address to Northern Democrats, 176, 177 ; letter to Macon committee, 179, 180 ; advice on Charleston -convention matters, 180, 181 ; fears for the Consti-

394



Toombs, Gen. Robert-- Oont'd. tution, 180, 183 ; r.upture with Douglas, 181 ; delegate to Democratic State convention, 183 ; Vincent's characterization of, 184, 185 ; charges of desertion of Douglas. 186; Presidential ambitions, 186, 487 ; activity in public duty, 187; first public office, 193 ; accused by Georgia " minute-men," 201 ; withdrawal from the Semite, 205-208; chairrnrm of Committee on Foreign Kelations, 314; writes address to* people of Georgia, 215; deputy to Provisional Congress, 215 ; a can-
r-tlidatoTor Presidency of South-
'^--ei'H-t?onfedcracy, 216 ; -machinations against, 218; curious incidents in life of, 219 ; chairman of Finance Committee of Provisional Congress, 220 ; made Secretary of Slate, 221 ; opposes assault on Sum tor, 226: triumphs of diplomacy, 230 ;
joins the army, 235 ; speech on the produce lofin, 236, 237; the archives of the Confederacy,
237 ; retreat frorA Centreville, 239; care of his brigade, 240 ; impatience of mismanagement, 240 ; elected Confederate Senator, 241 ; declines Secretaryship of War, 243 ; impatience under red tape 234, 243 ; dcbate with Davis on Army Appropriation bill, 247-249; use of liquor, 249, 250 ; position on the peninsula, 250 ; action at Goldirig's farm, 250, 251 ; at Malvern Hill, 252, 253 ; charges of cowardice, arid correspondence thereon 254-258 ; quarrel
with Long-street, 259, 260 ; under arrest"at Gordonsville, 259, 260; in second battle of Mannssas, 261, 262 report of actions at Antielam, 265-268 ; wounded, 268, 269 ; popularity among
his troops, 269 ; leaves the

army, 269, 270 ; reasons for his non-promotion, 370, 371 ; military abilities, 271 ; with, the militia, 276-279 ; declines govcrnorship, 273 ; energy of, 279, 280 ; parting with Gov. Brown, 281 ; action at close of war, 281 ; last meeting with Davis, 284, 285 ; escape, 286-307; beconies a Freemason, 289 ; con^versational powers, 305, 306, 310, 358, 359 ; dread of eapture, 306; vivacity, HOC; arrival in Cuba, 307; arrival in Paris, 308 ; sells land, 808 ; in exile, 309-313: relurns to America, 312, 313 ; unreeonstvucted, SIS-, reUim to Geov-
gia, 315 ; resumes practice of law, 316 ; in reckons! ruetion days, 315-329 ; master of invective, 318-322, 326 ; before the Supreme Court of Georgia, 320, 321 ; opinion of Yankees, 322 ; zeal, 322. 323; addresses meeting at Atlanta,
324-326; fondness for farming, 330, 331 ; strained relations with Brown, 333-336 ; a
believer in the code of honor, 336; the Constitutional conveiition, and the new conslitutiou, 337-352 ; pays expenses of Constitution a] convention, 344. 345 ; golden wedding, 356, 357 ; hospitality, 857; 358 ; sympathies of, 359, 360 ; last a'ppearance. in court, 361, 302 ; wealth, 362, 363 ; his ffrcut fault, 364-368 ; love of lilcralure, 367, 368 ; last days, 369 -375 ; attends Stephens' fnneral, 371, 372 ; at wife's death-bed, 372, 373 ; baptized,
373 ; death and burial, 375, 376 ; his monument, 376 Toombs, Major Tiobert, 2, 3 Toombs, Mrs., friendship for A. H. Stephens, 62 ; aids hoi- 1msband's escape, 286, 287; joins
her husband in Paris, 309; re-

INDEX.

,, Toombs, William, 3

, Virginia, ------ , settlement of the

Toombs oak, the, 12

Toombs family in, 2; sup-

Toncey, ------ , leader in U. S.

ports -Calhoun, 29; Browi*'

Senate, 107

raid into, 169, 170; secedes,

Towns, Gov,, culls State conven-

233

tion, 83

Tremont Temple, Boston, lee- Waddell, Prcs. Moses. 8, 9

tui'e on slavery in, 139-185

"Wade, ------ , vote on Kansas- Ne-

Trinity Kivcr, Toombs' landa on,

braska bill, 115

153

AValkcr, "Uevi P., Secretary of

Troup, George M., defender of

Wa

Slates' Rights, 30, 91 ; opposi-

tion to Jackson's measures, 31 ;

attitude oil the tariff question,

51 -, opposes Toombs in cam- Walker, Robert J., governor of

paiirn of 1844, 53

Kansas, 160

Troup, Oapt., on Toombs' staff, Walker, Gen, W, II. T., dispute

208

with Gen. Hill at Chicka-

Tugaloo River, 290

mauga, 358, 359

Turncoats, Oawford'sideasof, 91 Waltliall, Gen. E. O., 977

Tyler, Pres., Toombs on, 3G7

War, Toombs' views on, 57

' War between the States,' 1 75,

Union College, 13

98, 185, 371

Union Democratie-liepnblican Warner, Hiram, opinion of

party, 30

Homestead and Exemption

United States Bank, supported

laws, 318

by Berrieii, 39 ; defense of, 48 Warwick lliver, Toombs' opera-

United Stales Constitution, posi-

lions on, 244

tion on slavery, 132

Washington, IX O.. imperiled

United States .-judges, higher p;iy

after "first battle of Munassas,

for, supported by Toombs, 193

238 ; Army of Northern Vir-

Unitcd States Senate, pfrsontiel hi

ginia advances on, 262

1853, 107; debate on popular Washington, G,, Mrs. Toombs'

sovereignty, 163, 164 ; farewell

residence at, 4 ; distinguished

speech in, 205-308

men around, 16 ; speech at, 98,

- University of Georgia, 6_12 ;

99 ; debate between Toombs

annual address at, B31, 332

and Hill at, 144-153 ; Toombs

University of Virginia, course at,

elected commissioner, 192; the

13

"

Toombs home at, 360

Utah, acquisition of, 07 ; ques- Washington County, escape

tion of organization of Terri-

through, 299

tory, 79

Waterloo, visit to field of, 136

Webster. Rev. Alexander, 6

Van Bnren, Pres. Martin, cen- Webster, "Daniel, compared with

sured by Toombs. 31 ; Toombs

Toombs, 14 ; last efforts of,

on, 3fl7

08 ; great Union speech of, 79 ;

306

J-JQ

Webster, ; Daniel-- Cont'd, tribute to, 99, 104, 367 ; nomi nated for Presidency, 99 ; ad miration for, in the Sou t h, 100 ; Secretary of State, 100 ; friendship with Toombs, 401 ; death, 102, 107 ; Hayne's chal lenge to, 175 ; bis loss felt, 201
Wellborn, Speaker, ; Wesleyan Female College, 9 Western and Atlantic Rlaailroad,
40 .
West Indies, effects of emanci pation in, 134, 137
West Point, Toombs' opinion of training at, 246-349 ; criticism of officers from, 373 ; criticism not sustained, 375
Wneeler, Gen. Joseph, 301, SOS Whig party, demand internal
improvements, 40 ; attitude toward protection, 46 ; in campaign of 1844, 51, 55 ; posi tion in campaign of 1848, 60 ; caucus of 1845, 68-70; joint action with Democrats in Georgia, 85 ; convention at Baltimore, 97 ; Southern oppo sition to Presidential candidate Scott, 98 ; nominates Webster for Presidency, 99 ; break in, by Southern members, 100 ; Toonibs' defection from, 105 ; rupture over Scott's nomina tion,- 131 ; absorption into Re publican party, 140 Wilde, Gen., attempts the cap ture of Toombs, 386 Wilkes County, land-grant to Major Robert Toombs in, 2 :

partition of.lands in, 3 ; birth

place of Gen. Toombs", 4; legafe

practice in, 15, 16, 38, 23 ;"

factions in, 29, 30 ; politics of,

32; defeat of Whigs in, 37;-

assigned to Eighth Congres

sional District, 44

Wilkinson County, escape

through, 296

Willington, S. C., speech at, 45

Wilmot, David, member of-

Twenty-ninth Congress, 56

Wilmot Proviso, Ohio's position

in regard to, 60 ; menace to the

South, 70, 79 ; abandoned, 79,

87 ; Webster's attitude on, 99,

100; how characterized by

Toombs, 149

Wingfield, J.. T., 388

Winthrop, Robert C., member of

Twenty-ninth Congress, 56 ;

defeated for Speakership, 69

Wisconsin, debate "on counting

Electoral vote, 193, 194

Wolseley, Gen., on Sherman's in

vasion of Georgia, 281

Worth, Fort.nWting with squat

ters at, 153, 154



Wright, A. R., deputy to Pro

visional "Congress, 215

Yancey, William L., member of Twenty-ninth Congress, fiC ; leads seceders from Charleston
.- convention, 177; letter I o Slaughter, 177, 178 ; speech in Charleston, 178 ; commissioner to Europe, 229
Yorktown, Toombs' operations at, 244, 245*
" Yoyng- Alice," 300