) UOliKliT TOOMBS, AT THE AGE OF 75 YEARS. EOBEET TOOMBS ,^TATESMAN, >WEAKEJt SOLPfEl?, SAGE HIS CAUKKR IN' rONORESS AXI> <>\ TIIK IirSTINt;S — IIIS WORK IN THE COURTS HIS RKCoRD WITH Tin: ARMY HIS MFK AT H(»MK PLEASANT A. S'l'oVAI.L "The hliKitl wliich iiiiii^'kd at Cuwiifiis anil ut Eiitaw caiiiiot \m- kept at eiiiiiitv ftiiever." — Toombs. NEW YORK CASSELL PL'BLISllINU CO.Mi'A^Y 104 & 100 Fourth Avenue Copyright, 1892, BY CASSELL PUBLISHING COMPANY. All rights reserved. THE MEBSHON COMPANY PRESS, BAHWAY, N. J. BeMcatton. TO liOIiERT TOOMBS DU BOfiE. WHOSE IXTEREST AXf) AID \VEIiE IXV.lLrABLE, A\D WITHOUT WHOSE COOPERATIOX THE BIOGRAPHY COULD NOT HAVE BEEX PREPARED, THIS WORK IS DEDICA TED BY THE A UTUOR. "There are courageous and lionest 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. " — Robert Toombs, Speech in U. S. Senate, 1856. CONTENTS. CHAPTER I. Family, Boyhood, Life at College, II. At the Bar, .... III. In the Legislature, IV. Elected to Congress, V. In the Lower House, VI. The Cosipromise of 1850, VII. The Georgia Platform, VIII. The Campaign of 1852, IX. Toombs in the Senate, . X. The " Know-nothing " Party, XI. Toombs in Boston, . Xn. Buchanan's Administration, XIII. " On the Stump" in Georgia, XIV. The Campaign of 1856, XV. John Brown's Raid, XVI. The Charleston Convention, XVII. Toombs as a Legislator, XVIII. Election of Lincoln, XIX. Farewell to the Senate. XX. Toombs and Secession, " . XXI. Toombs as Premier of the Confeder XXII. Brigadier-General in Army of Northern Vir- ginia, .... XXIII. With the Georgia Militla., PAGE 1 13 29 43 . 5G 67 83 97 107 121 129 140 144 155 169 175 . 186 199 205 209 222 236 277 viii CONTENTS. rilMTKIt PAGE XXIW 'l"oi).Mi;s AS A FUGITIVE, 286 X.W. Without A Country, 308 .\X\I. CoMMKNciNG Life Anew, 315 X X \ 1 1 . Days of Reconstruction, .... 324 XX\ 111. Ills Last Public Skrvice, 337 XXIX. Domestic Life OF Toombs, .... 353 XXX. II IS Great Fault, 364 XXXI. His Last Days 369 ROBERT TOOMBS. CHAPTER I. FAMILY, BOYHOOD, LIFE AT COLLEGE. Gabriel Toombs was one of General Braddock's soldiers who marclied against Fort DuQuesne in 1755. He was a member of the sturdy Virginia line wliicli protested against the dangerous tactics of the British martinet, and when the Enirlish re^- iilars were ambushed and cut to pieces, Gabriel Toombs deployed Avith liis men in the woods and picked olf tlie savages w^ith 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 figliting Cromwell's army of the rebellion. Robert Toombs of Geoi-gia was fond of tracing his lineage to the champions of the English king 2 ROBERT rOOMBS. who defended their sovereign at Boscobel. But tlie American family was made np of lovers of liberty rather than defenders of the King. It was one of the anomalies in the life of the Georo-ia 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 centur}^ William Toombs, the great-grandfather of Robert, was the first of the English family to come to America, about 1650. He settled in Vir- ginia. Gabriel, who fought with Braddock, was the son of AVilliam. Major Robert Toombs, the father of the Georgia statesman, commanded a Virginia regiment during; the Revolution and reu- dered conspicuous service in Georgia against the British. Major Toombs came to Georgia in 1783 and received a rich tract of 3000 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, no amnesty proclamation, shall rob me of the glory of outlawry. I shall not be the first of my name FAMILY, BOYHOOD, LIFE AT COLLEGE. 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 God 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 o.ut of the family, and that they should be " used in a Chris- tian-like mannei'." lie divided up parcels of land in Greene and Wilkes counties among his sons, Robert Toombs and Dawson Gabriel Toombs, and his four daughters. Gabriel Toombs died in 1801. When Major Kobert Toombs, the Virginia vet- eran, and son of Gabriel, came to Georgia to claim his award of land, he settled on Beaverdam Creek, five miles from the to^vn of AVashington. It is probable that he stopped in Columbia County, for he married INIiss Sanders, of that count}^ She died, leaving no children, and ]Major Toombs went back to Vi]'o;inia and married Miss Catlett. One son was born, and this lady died. IMiss Catharine Huliug was the third Avife. The Ilulings 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; Augustus, Robert, and Gabriel. 4 ROBERT TOOMBS. ^' Catharine Huling, tlie mother of Robert Toombs of Georgia, was a most excellent woman, of strong and exalted piety. She was of Welsh ancestry, a devout Methodist, and after accompanjing her son to college, and seeing him married, prosj)er- ous, and distinguished, died in 1848, 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 son. He visited his mother constantly, and carefully man- aged her propert}^ Finally he induced her to move to Washington, so that he might be near her. Robert Toombs was the fifth child of Robert and Catharine Toombs. He was born in Wilkes County, about five miles from Washington, July 2, 1810. 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 o-ave no sio-ns 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 wq FAMILY, BOYHOOD, LIFE AT COLLEGE. 5 have of him 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. He boasted that he never took medicine until he was thirty- four 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 enouo-h to attend a dance at nio-ht. 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 thous^ht of ridini»; 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 l^orthern Virginia. In his long wandering from capture in 18G5, he was in the saddle six months, riding to and from the wilds of northeast Geor- gia to the swamps of the Chattahoochee. There was something in his picturesque figure upon 6 ROBERT TOOMBS. the horse which suggests John Randolph of Koanoke. His first trainino: was at what was known as an " okl field school," taught by Welcome Fanning, a master of good attainments and a firm believer in the discipline of the rod. Afterward, Robert Toombs was drilled by a private tutor, Rev. Alexander Webster — an adjunct professor of the University of Geoi'gia and a man of high repute as sdiolar and instructor, Mr. Webster was the friend and early preceptor of Alexander H. Stephens. Young Toombs was christened Robert Augus- tus, and carried his middle name nntil 1840, when he seems to have dropped it as a useless piece of furniture. There is a report that some of his po- litical 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 Maryland who once stopped at his father's house declared that this boy of fourteen w^as better posted in history than anyone he had ever seen. It Avas about this time that Robei't Toombs was fitted out for Franklin College — now the State University — located in Athens, Ga., forty miles from Washington. FAMILY, BOYHOOD, LIFE AT COLLEGE. V This institution, to which he 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 Kiver, and this lovely spot they had named Athens. Here in 1824 young Robert Toombs re- paired, animated with the feelings which move a college boy, except that his mother went witli him and relieved hiin of the usual sense of loneli- ness which overtakes the student. Major Robert Toombs, liis 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 early 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 A¥. 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 colleire tliat 8 ROBERT TOOMBS. iiistitiition was under tlie Presidency of Moses Waddell, a born educator and strict disciplinarian. Three generations of this family have 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 Waddell's diary was this : " Caught Jones chewing tobacco : whipped him for it." Those were the old days 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 he 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 colleo-e 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 Greenes- FAMILY, BOYHOOD, LIFE AT COLLEGE. 9 boro. It is not certain tliat yonng Toombs com- municated the enormity of his offense, but he obtained leave to apply to Dr. Waddell for a letter of discharo-e. Tlie 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 lonsrer addressins; 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 stamp npon the place or gave such spicy flavor to its traditions. Among the college-mates of Robert Toombs at Athens were 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 Wes- leyan Female College — the first seminary in tlie world for the higher culture of women. The closest of these com[)anionships was that of 10 liOBERT TOOMBS. George F. Pierce, a young man like Toombs, full of brains and energy — even then a striking and sparkling figure. The path of these men com- menced at the door of tlieir alma mater, and although their ways were ^videly divergent, the friends never parted. Two of the finest orators in Georgia, one left his impress as strongly upon the Church as did the other upon the State. One became bisliopof tlie Methodist Episcopal Church and the other a Whig senatoi-. One day these men met, both in the zenith of power, ^^'hen Toombs said : " AYell, George, you are fighting the devil, and I am figliting the Democrats." Closer in friendship their hands clasped as age swept over their raven locks and stalwart shoul- ders. Bishop Pierce never liesitated to go to liobert T(.)ondjs ^vhen his churches or his schools needed money. Toombs would give to the Methodist itinerant as quickly as he would to the local priest. Wliether he was subscribing for a Catholic Orphans' Home or a Methodist College he would remark, as he gave liberally and freely, " I always try to honor God Almighty's drafts." Pierce and Toondjs had much in common — although the one was f idl of saintly fire and the other, at times, of defiant iri'everence. It was Pierce whose visits Toombs most enjoyed at his own home, ^vitli whom he afterward talked of God and religion. The good bishop lived to FAMILY, BOYHOOD, LIFE AT COLLEGE. 11 bury the devoted Christian wife of the Georgia statesman, and finally, when the dross of worldli- ness Avas gone, to receive into the Methodist Church the bowed and weeping figure of the giant Toombs. When Robert Toombs became prominent in Georgia, there is a story that his State university, in order to win back his friendship, conferred upon him an honorary degree. Toombs is repre- sented as having spurned it vrith characteristic scorn. " No," said he, " when I was unknown and friendless, you sent me out disgraced, and refused me a diploma. Now that I would honor the degree I do not want it." There is no I'ecord tliat the college ever con- ferred a degree upon T(j()nd3s at all. Later in 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 lieard about the board. His attendance upon these duties was punctilious. He ^vould leave the courthouse, the le2:islative halls, or Vii'o'inia Springs — wherever he happened to be— and repair to Athens the first week in August. Once or twice he delivei'ed the annual address before the alumni; several times he secured appropriations for his alma mater from the State. His visits to Athens were always occasions of honor. Younix men flocked wherever his voice 12 ROBERT TOOMBS. was heard, fascinated by his racy couversation. No " Disinherited Knight " ever returned to more certain conquest or more princely homage. There is a regular mythology about 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 colleo;e commencement was held one hundred years ago ; under it the student Toombs once stood and addressed his classmates, and of all the men who have gone in and out beneath its shade, but one name has been found sturdy enough to link with this monument of a forgotten forest. The boys to this day call it " The Toombs Oak." nOBERT TOOMBS, AGE 10, LAW t^TUDEJsT, UXIVEKSITY OF VIRGINIA, 1829. iFioin a miniature painting .) CHAPTER II. AT THE BAK. After Robert Toombs left the University of Georgia, he entered Union College at Schenectady, N. X., under the presidency of Dr. Eliphalet Knott. Here he finished his classical course and received his A. B. degree. This Avas 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, Ga., holden on the 18th day of March, 1830, he was admitted to the bar. The license to practice recites that " Robert A. Toombs made his application for leave to })ractice and plead in tlie 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 la\v and equity in this State." The license is signed by William H. Crawford, Judge, Superior Court, Northern Circuit. Judge 13 14 ROBERT TOOMBS. Crawford Lad served two terms in the United States Senate from Georgia. He had been Minis- ter to Paris during the days of the first Napoleon. He had been Secretary of AVar and of the Treasury of the United States. In 1825 he re- ceiv.ed a flattering vote for President, when the Clay and Adams compact drove 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 was aj)pointed Judge of the Northern Circuit. He held this position until his death in Elbert County, which occurred in 1834. Craw- ford was a friend and patron of young Toombs. The latter considered him the full j^eer of Web- ster and of Calhoun. Robert Toombs was married eight months after his admission to the bar. His career in his pro- fession was not immediately successful. A news- paper writer recently said of him that " while his contemporaries were fighting stubbornly, with ^\ary- ing luck, Toombs took his honors without a struggle, as if by divine right." This Avas no more true of Toombs than it is true of other men. He seems to have reached excellence in law by slow degrees of toil. Hon. Frank Hardeman, So- licitor-General of the Northern 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 liis practice, did not give high promise. His Avork in his office was spasmodic, and Lis style in court was too vehement and disconnected to make marked impression. But the exuberance 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 la^vyer. In those days the bulk of legal business lay in the country, and the most prominent men of the pro- fession made the circuit with their saddle-ba^s, and put up during court ^veek at the village taverns. Slaves and land furnished the basis of litigation. Cities had not reached their size and importance, corporations had not grown to present magnitude, and the ^vealth and brains of the land were found in the rural districts. " The young lawyers of to-day," says Judge Reese 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 Avhich Rol)ert Toombs prac- ticed were AVilkes, Columbia, Oglethorpe, Elbert, 16 ROBERT TOOMBS. Franklin, and Greene. The Lar of tlie Nortliern 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. Jenkins, Andrew J. Miller, and George W. Crawford of Eichmond County ; from Oglethorpe were George K. Gilmer and Joseph Henry Lump- kin ; from Elbert, Thomas W. Thomas and Eobert McMillan ; from Greene, William C. Daw- son, Francis II. Cone ; from Clarke, Howell Cobb ; from Taliaferro, Alexander II. Stephens. Across the river in Carolina dwelt Calhoun 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 within 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 Avhich swept over the country left a large amount of litigation in its path. Bet^veen 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 BAR. 17 session of the latter court often reached $5000. During these sixi years he devoted himself dili- gently and systematically to the practice of his profession, broken only by his annual attendance upon the General Assembly at Milledgeville. It was during this period that he 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 w^as uuinterruj^tedly a member of Congress. There was no important litigation in eastern or middle Georgia that did not enlist his services. He proved to be an ardent and tireless worker. He had grown into a manhood of splendid phy- sique, aud he spent the days and most of the nights in careful application. He 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. He 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, aud 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. He was bold, clean, fearless, and impetu- ous, and when convinced he had rio;ht on his side would fight through all the courts, wath irresisti- 18 llOBERT TOOMBS. ble impulse. He was susceptible to argument, but seemed absolutely bliud to fear. The brightest chapters of the life of Toombs are perhaps his courthouse appearances. There is no written record of his masterly perform- ances, but the lawyers of his day attest that his jury speeches were even better than his political addresses. A keen observer of those days will tell you that Mr. Stephens would begin his talk to the jury with calmness and build upon liis opening until he warmed up into eloquence; but that Mr. Toombs would plunge innnediately 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 Avas 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 AI' TUB BAP.. 19 SO. This is a case iu wliicli law and justice are on opposite sides." The client told liini lie would push the case, anyhow. " Then," replied Mr. Toombs, " you must hire someone else to assist you in your damned ras- cality." On 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. " Well," said Toombs, " I should have charged a thousand dollars ; but you ought to have five thousand, f%Y 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 part of his opponents, the Democrats. The nominee of that party, on 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 answei" this point, he said : " You have heard what the gentleman says about my coming home to practice law. lie ])roniises, if elecjted to Congress, he will not leave his seat. I 20 ROBERT TOOMBS. leave you to judge, fellow-citizens, wlietlier your interest in Washington will be best protected by his 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- preme Court of Georgia, it ^vas 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 Lumpkin Law School in Athens. One of the earliest cases heard was a land claim from Han- cock County, bristling with points and. involving about $100,000 worth of property. A. H. Ste- phens, Benjamin H. Hill, HoAvell and Thomas Cobb were employed, but in this splendid fight of Titans, Justice Lumpkin 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 ever 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 TEE BAR. 21 heard in Marietta, Ga., in September, 1858. How- ell Cobb and Eobert Toombs were employed on one side, while Messrs. Pettis^rn and Memmino^er, of Charleston, giants of the Carolina bar, were ranged in opposition. The ordeal Avas a very try- ing one. The ease occupied seven days. Mr. Toombs, 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 tlie courthouse until seven in the evening, and tlie niglits Avere 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 mas- 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 Avonderf ul display of retentiveness, acumen, learning, and power. On one occasion, while a member of the United States Senate, he came to Georgia to attend a session of the Supreme Court ^2 ROBERT TOOMBS. m Milled o;eville. He writes Lis wife : " I have liad a hard, close week's work. The lawyers very kindly gave way and allowed my cases to come on this week, 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 but little this spring, I have been pretty much speaking all day and studying all night." In March, 1856, Mr. Toombs wi-ote to his ^^ife, whom he had left in Washington City, that the spring term of Wilkes court would be the most labori- ous and disagreeable he ever attended. Says he : " For 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 m.ake the last named party repent of it." At another tiiiK^. 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 count}^ in which he ^vas more of an autocrat than in Elbert. He never failed to carry the county in politics, even when Elbert had a candidate of her oAvn for Con stress. His leo^al advice was eagerly sought, and he was more con- sulted than any other man in Georgia about public and private affairs. The reason of his phenomenal success as counsel Avas that, united with his learn- ing and forensic power, he had a genius for de- AT THE BAR. 23 tail. He was a natural financier. He used to tell President Davis, during tlie early days of the Confederacy, that four-fifths of war was business, and that he must " organize " victory. Durino; the sessions of Elbert court Lis ariru- 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 liim, he would say, with a move of his head, "Don't worry about that now. I kno^v more about your business than you do, as I will sliow you at tlie proper time." His fees at Elbert were larger than at any other court exce]»t his own ln^mc in AVilkes. It was during the adjournment of court for dinner that he would be called out by his con- stituents to make one of his matchless political speeches. He never failed to move I he crowds to cheers of delight. On one occasion lu? was at Tvoanoke, his ]>lanta- tiou ill Stewart County, Ga. He writes his ^^•il'e : " I was sent for night before last to a[)]>ear in Lumpkin- to prosecute a case of nmrder : 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.'" JVIr. Toombs was the embodiment of virtue, and the strictest defender of the sanctity of mari'iage on the part of man as 24 ttOBERf TOOMBS. well as woman. His whole life was a sermon of 23urity and devotion. Judge William M. Reese, wlio practiced law witli Mr. Toombs, and was liis partner from 1840 to 1843, gives this picture of Toombs at the bar : "A noble presence, a delivery wLicli captivated bis hearers by its intense earnestness : a thorough knowledge 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 ca]>acity and will- ingness 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. Such gifts, with a knowledge of business and the best uses of money, w^ere soon rendered valuable in accumulating wealth." Although Mr. Toombs often appeared in courts to attend to Imsiness 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 absorbing nature of public business from 1850 to 1867 withdrew him from the bar, and the, records of the Supreme Court of Georgia 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 AT THE BAB. 25 Justices tanded down in that time bear impress of the conclusiveness of his reasoning and the power of his effort before that tribunal. Judge E. H. Pottle, who presided over the courts of the North- ern Circuit during the later years of Toombs's practice, recalls a celebrated land case wdien Robert Toombs was associated ao-ainst Francis H. Cone — himself a leo-al o^iant. Toombs's associate expected to make the argument, but Cone put up such a powerful speech that it w^as decided that Toombs must answer him. Toombs protested, declaring that he had been reading a newspaper, and not expecting to sjieak, had not followed Judge Cone. However, he laid 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 Os-le- thorpe County, Ga., in 1877. He was then sixty- seven years of age, and not only was his speech fine, but his management of his case w^as superb. He had not worked on that side of the court for many years, but the presiding Judge, who ^vatched 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 S6 ROBERT TOOMBS. State wanted to divide tlie case and try tlie princi- pals separately. Fatlier and sun were cbai'ged 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 H. Hardeman to preside. Toombs and Benjamin H. Hill, his assistant, con- tended that the clerk bad no right to appoint a Judge. Judge Hardeman sustained the point and promptly came doAvn,-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 ^;>r erty in certain cases"; also a bill to "exempt from levy and sale certain classes of jiroperty." 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 declai-ed in his last days that there was "not a dirty shilling in his pocket." Mr. Toombs was nothing of the demagogue. He was highminded, fearless, and sincere, and it may be said of him what he afterward declared so often of Henry Clay, that " he would not flatter Nep- IN THE LEGISLATURE. 39 tune for liis trident or Jove for Lis power to thunder." He was called upon at this session to fight the repeal of the law he had framed in 18-40, 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 McPherson Berrien, United States Senator from Georgia, for his advocacy of a national bank. Mr. Toombs 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. AVhen the resolution of censure came u}) in the house, the AVhigs refused to vote, and raised the point of "no quorum." Speaker pro tern. Wellborn, who presided, counted a quo- rum and declared the I'esolutions adopted. Mr. Tooml)e fired up at this unusual decision. He threw himself before the Speaker with impetuous appeal and called f(^r a reversal of the decision. But it was a Democratic house, and the Speaker was sustained by a vote of 9G to 40. 40 ROBERT TOOMBS. Tlie craze for internal improvements now swept over the country. The AYliigs were espe- cially active, and we find resolutions adopted by the General Assembly, calling on the Federal Government to create ports of entry and to build government foundries and navy j^ards on the 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 overshado^ved the waterways, and the railway from Charleston, S. C, to Augusta, Ga., one of the very first in the country, had just been completed. Already a company had em- barked upon the construction of the Georgia Rail- road, and on May 21, 1837, 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 the depository and, following the impetus given, flew with surprising velocity on the road which 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 and persistency of Toombs and his associates in 1840. The great IN THE LEGISLATURE. 41 possibilities of these iron highways opened the eyes of the statesmen of that day, Mr. Calhoun seemed to drop for a time his philosophical studies of States and slavery and to dream of railroads and commercial greatness. He proposed the con- nection of the Atlantic Ocean with the Mississippi River and the great AYest, through Cumberland Gap — a brilliant and feasible scheme. Governor Gilmer of Georgia declared in his message that these projected roads " w^ould 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 down the tremendous tragedy of the centuiy. One of the measures to which Mr. Toombs de- voted great attention during his legislative term was the establishment of a State Supreme Court. This bill was several times defeated, but finally in 1843 passed the house by a vote of 88 to 86. It was the scene of many of his forensic triumphs. He also introduced, during the sessions of 1842 and 1S43, bills to abolish suretyship in Georgia. This system had been severely abused In the flush times men indorsed without stint, and then during the j)anic of 1837 "reaped the whirl- wind." Fortunes were swept away, individual ci'edit ruined, and families brought to beggary by this reckless system of surety. What a man seldom refused to do for another, Mr. Toombs 42 ROBERT TOOMBS. strove to reacli by law. But the system liad be- come too firmly intreuclied in tlie liDancial habits of the people. His bill, which he distinctly stated was to apply alone to futnre and not past con- tracts, only commanded a small minority of votes. It was looked npon as an abridgment of personal liberty. Mr. Toombs exerted all of his efforts in behalf of this bill, and it became quite an issue in Georgia. It is not a little strange that when Robert Toombs was dead, it was found that his own estate was involved by a series of indorse- ments which he had given in Atlanta to the Kimball House Company. Had he maintained the activity of his younger days, he ^vould prob- ably have turned this deal into a profitable invest- ment. The complication was hnally arranged, but his large property came near being swept away under the same system of surety he had striven to abolish. CHAPTER IV. ELECTED TO CONGKESS. Exteri]S'Ct public life about tlie same 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 in physical organism and mental make-up, differ- ino; entirely in ori2;in and views of life, these two men were close personal friends, and throughout an eventful period of more than half a century, preserved an affectionate regard for each other. Mr. Stephens was delicate, sensitive, conserva- tive, and sagacious, while Toc^mbs was impetuous, overpowering, defiant, and masterful. Stephens was small, swarthy, fragile, while Toondxs was leonine, full-l)looded, and majestic. And yet in peace and war tliese two men walked hand in hand, and the last public appearance of Robert Toombs was when, bent and ^^•eeping, he bowed his gray head at the coffin and pronounced the funeral oration over Alexander Stephens. In the General Asseml)ly of 1843, Robert Toombs was a membei- of the house, but his 43 44 ROBERT TOOMBS. ability and power had marked liim as a candidate for Congress, and Mr. Stephens had ah'eady been promoted from tlie State Senate to a seat in the national legislature at Washington. The law re- quiring the State to choose congressmen on the district plan had been passed, and the General Assembly was then engaged in laying olf the counties into congressional districts. The bill, as first reported, included the counties of AVilkes and Taliaferro in the second district of Georgia. Here was a problem. Toombs and Stephens had been named as Whig candidates for the Clay campaign of 1844. To have them clash would have been to deprive the State of their tidents in the national councils. It would be interesting to speculate as to what would have been the result had these t^vo men been opposed. Stephens ^vas 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 Georo-ia Lesjislature in 1843 altered the schedule of districts, placing Taliaferro in the Seventh and Wilkes in the eighth Congressional district. Both Avere safely Whig, and the future Vice-President and premier of the Southern Con- federacy now prepared for the canvass which was ELECTED TO CONGRESS. 45 to plunge them into tlieir duties as members of the national Congress. Robert Toombs had already made his appear- ance in national politics in 1840. Although still a member of the Georgia Legislature, he 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 feat of young Toombs, just thirty years old, was in crossing the Savannah River and meeting George McDuffie, the great Democrat of South Carolina, then in the zenith of his fame. An eye-witness of this contest be- tween the champions of Van Buren and Harrison declared that McDuffie was " harnessed lightning" himself. He was a nervous, impassioned speaker. When the rash young Georgian crossed over to Willington, S. C, to meet the Hon in his den, Toombs rode horseback, and it was noticed that his shirt front was stained witli tobacco juice, and yet Toombs was a remarkal)ly handsome man. "Genius sat upon his brow, and his eyes Avere as black as death and bigger than an ox's." His presence captivated even the idolators of Mc- Duffie. His argument and invective, his over- powering eloquence, linger in the memory of old men now. McDuffie said of him: "I have heard John Randol])h of Roanoke, and met Burgess of 46 ROBERT TOOMBS. Rhode IsLiiid, but tliis wild Georgian is a Mira- beau." In 1844 Robert Toombs was a delegate to tbe Baltimore convention wliicli nominated Henry Clay, and during this visit lie made a speech in New York which attracted wide attention. It threatened to raise a storm about his head in Georgia. In his speech he aiTaigned Mr. Calhoun for writing; his " suijar letter " to Louisiana, and for saying that he ^vould protect sugar because it was the production of slave labor. Mr. Toombs declared : " If any discrimination is made between free and slave labor it ouo-ht to be in favor of free labor." " But," said he, " the Whigs of Geoi'gia want no such partial protection as Mr. Calhoun of- fers ; they want })rotection for all classes of labor and home industry. The AVhigs protest against these efforts to prejudice the South against the North, or the North against the South. They have a common interest as well as a common history* The blood that was mingled at Yorktown and at Eutaw cannot be kept at enmity forever. The AVhigs of Bunker Hill are the same as the AVhigs of Georgia." Mr. Toombs was actually charged in this campaign with being an Abolitionist. He was accused of saying in a speech at Mallorysville, Ga., during the Harrison campaign, that slavery was " a moral and political evil." This was now brought up against him. Mr. Toombs admitted ELECTED TO CONGRESS. 47 saying that slaveiy was a political evil. He wrote a rino-ino; letter to his constituents, in which he de. clared that " the affected fear and pretended sus- picion of a part of the Democratic press in relation to my views are well understood by the people. I have no language to express my scorn and con- tempt for the whole cre^v. I have no other reply to make to these common sewei's of filth and false- hood. If I had as many arms as Bi-iareus they would be too few to correct the misrepresentations of speeches I have made in the past six inonths." It was on the 3d of October, 1844, that Kobert Toombs spoke at a memorable political ^neeting in 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 McDuffie from South Carolina. Large 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 o'clock 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. He denounced the Democrats for dragging the slavery question before the people to operate upon their fears. It was a bugbear everlastingly used to cover up the true Question at 48 ROBERT TOOMBS. issue. It was kept up to oj^erate on the fears of the timid and the passions and prejudices of the unsuspecting. The young Whig then Liuuched into a glowing defense of the National Bank. The Democrats had asked where was the authority to charter a bank ? He would reply, " Where was the author- ity, in so many words, to build lighthouses ? Dem- ocrats were very strict constructionists when it was necessary to accomplish their political purposes, but always found a way to get around these doubts when occasion required." He taunted McDuffie with having admitted that Congress had power to charter a bank. Mr. Toombs 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 tariff was a system of robbery, Mr. Toombs appealed to every Whig and Democrat as an American wdio 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 weak 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." "It is not true," he said, " it is not true ! " ELECTED TO COyGBESS. 49 Turning witli j^i'oplietic ken to liis Augusta friends, lie asked -what would be tlie effect were tlie Savannah River turned tlirouo-h the beautiful plains of Augusta, and manufactures built up where the industrious could find employment. Hundreds of persons, he said, would be brouglit together to spin the raw cotton grown in the State, to con- sume the provisions which the farmers raised, thus di\'ersifying their employment and increasing their profits. " Would any man tell me," shouted the orator, his eyes l)lazing, and his arms uplifted, " that this would impoverish the country — would make paupers of tlie people ? To increase the places where the laborer may sell his labor ^vould 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." McDuffie in his speech declared tliat all the plundei'ing 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 answered that if a man must pay tax to sustain the government it was better he should 50 ROBERT TOOMBS. pay it in sucli a way 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 protection. McDuffie 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 right than Presi- dent." " Dallas, the Democratic nominee for vice president, is a high-tariff man," said Toombs. ''He voted for the tariff of 1832 and against the compromise measures. Although the sword was drawn to drink the blood of McDuffie's friends in Carolina, Dallas would still adhere to his pound of flesh." Toombs concluded his great repl}' to McDuffie : '' We have lived under 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 upon their rights as guaranteed in the Constitution, and not work confusion by listening to ambitious politi- cians : by taking as much joains 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 CONGRESS. 51 Tlii.s Avas perliaps tlie greatest political meeting Georgia ev<3r held. Politics were at wliite heat. Toombs and McDuffie each spoke two hours- The campaign cry was for the Whigs : " Clay, Frelinghuysen, Toomlis, and our glorious Union," and by the Democrats: "Polk, Dallas, Texas, and Oregon." It was Whig vs. Loco-foco. The Whig leaders of the South ^\'ere Pettigru, Tliomp- son, and Yeadon of South Carolina, Merri weather, Toombs, and Stephens, of Georgia, while the Dem- ocratic lights were McDuffie, Ehett, and Pickens of South Carolina, and Charlton, Cobb, Colquitt, and Herschel V. Johnson of Georgia. The campaign of 1844 was bitter in Georgia. The Whigs carried the burden of a protective tariff, while the memories of nullification and the Force bill were awakened by a rino-inf* letter from George M. 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' Riglits 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 party. In 1828 the Harrisburg convention demanded additional pro- tection, and this measure ^vas carried through Congress by the leading men of the Democratic 52 ROBERT TOOMBS. party. It created discontent in the South, and the Act of 1832 professed to modify the tariff — but this measure not proving satisfactory was 'nuUi- tied ' by South Carolina. General 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 consolidaJ;ing prin- ciples went into opposition. Delegates met in Milledgeville in I800, adopted the Virginia and Kentucky resolutions, denounced the sentiments of Jadvson's proclamation, and affirmed the doctrine of States' Rights." " The Democratic party was then," said Toombs, "cheek by jowl ^vith the whole tariff party in the United States, sustaining General Jackson, 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. Tliey 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 of a tariff on the productive industries of a country has been a disputed question among the Avisest statesmen for centuries, and that these influences are subject to so many disturbing- causes, both foreign and domestic, that they are incapable of being reduced to fixed principles. Ma ELECTED TO CONGRESS. 53 Ml'. Toombs did not hesitate, however, to condemn " the theories of the South Carolina school of politics." j\Ir. Toombs opposed the acquisition of Texas. He did not believe the North would consent. " It matters not," he said, " that Mexico is weah, that the ac(]!uisition is easy. The Cjuestion is just the same : Is it right, is it Just, is it the policy of this country to enlarge its territory by conquest ? The principle is condemned by the spirit of the age, by reason, and by revelation. A people who love Justice and hate 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 sufficient cause, with no other raotiv^e than pride and love of glory, are enemies to the human race and deserve the execration of all man- kind. AVhat, then, must be the Judgment of a war for plunder ? " He denounced the whole thing as a land Job, and declared that he would rather have " the Union without Texas than Texas Avithout tlie Union." The Democratic opponent of Mr. Toombs in this canvass was Hon. Edward J. Black of Scre- ven, wlio had been in Congress since 1838. The new district was safely Whig, but tlie young candidate had to fight the prestige of McDufiie and Troup and opposition from numberless 64 ROBERT TOOMBS. sources. It was charged that he always voted in the Geoi'o'ia Lejiishiture to raise taxes. He re. torted, " It is right to resort to taxation to pay the honest 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 the last dollar to preserve her o;ood name and honor." While Mr. Toombs was making a speech in this canvass a man in the audience charged him with having voted for the free banking law and against the poor-school fund. "The gentleman," said Mr. 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 were published from Northern papers, of Clay whipping a negro slave, with this inscription: "The Mill Boy of the Slashes'' Pictures appeared in the Democratic papers of a human figure 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- ELECTED TO CONGRESS. 55 tucky, which led to his first duel. In 1808 challenged Humphrey Marshall, and fired three times at his breast. In 1825 challeno;ed the srreat John Randolph, and fired once at his breast. In 1838 he planned the Cilley duel, by which a mur- der was committed and a wife made a mourner. In 1841, when sixty-five years old, and gray- headed, is under a five 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 Adams by which he sold out for a six thousand dollar ofiice. He is well known as a srambler and Sab- bath-breaker." But the eloquent Harry of the West had a large and devoted followino;. He visited Geor<2:ia in March of this year, and charmed the people by his eloquence and magnetism. Robert Tooml)s had met him at the social board and had been won by his superb mentality and 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 part}^ of Henry Clay. Toombs and Stephens were sent to Con2:ress, but the electoral vote of Geor^-ia was cast for Polk and Dallas, and tlie AVhigs, who loved Clay as a father, regarded liis defeat as a personal afiliction as well as a public calamity. CHAPTER V. IN THE LOWER HOUSE. Robert Too:\rBS took liis seat in the twenty- nintli Congress in December, 1845. 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 aifairs. Hannibal Hamlin was with the Maine delegation ; ex-Presi- dent John Quincy Adams had been elected from Massachusetts with Robert C. Winthrop ; Steplien A. Douglas was there from Illinois ; David Wil- mot from Pennsylvania; R. Barnwell Rhett and Armistead Burt from South Carolina; Geo. C. Droomgoole and R<^l3ert M. T. Hunter of Virginia, Andrew J(,)huson of Tennessee, were members, as were Henry W. Ililliard and AV. L. Yancey of Alabama, Jefferson Davis and Jacob Thompson of Mississippi, and John Slidell of Louisiana. Toombs, Stephens, and Cobb were the most prominent figures in the Georgia delegation. The topics uppermost in the public mind of that day were the Oregon question, Texas, and the ubiquitous tariff. It looked at one time as if war with Great Britain were luiavoidable. Presi- 56 /iV THE L WEB HO USE. 5 V deut Polk occupied an extreme position, and declared in his messao-e to Coniiress 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, ^vith the campaign cry of " fifty -four forty or fight." Mr. Toomhs did not accept President Polk's position. His first speech in the House was made January 12, 1840, and at once placed him in the front rank of orators and statesmen. lie said that it was not clear to him that our title was exceptional up to 54° 40'. Our claim to the terri- tory north of the Cohimbia Kiver w^as the Spanish title only, and this had been an inchoate right. Mr. Toombs wanted the question settled by reason. He impetuously declared that "neither the clamors within nor without this hall, nor the ten tliousand Britisli cannon, floating on every siiip, or mounted on every island, shall influence my decision in a question like this." He was for peace — for honorable peace. " It is the mother of all the virtues and hopes of mankind," No man would go further than lie to obtain honorable peace ; but dishonorable peace was worse than war — it was the worst of all evil. War was the o-reatest and the most horrible of calamities. Even a war for liberty itself was rarely compensated by the consequences. " Yet the common judgment of mankind consigned to 58 ROBERT TOOMBS. lasting infamy tlie people wlio would surrender their rio-hts and freedom for tlie sake of a dis- honest peace." " 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." His conclusion was an apotheosis of Georgia as a Union State. He 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 fair, 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 AVest. She is embarking in 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, and, what- ever may be her sacrifice, she will display a mag- nanimity as great as the occasion and as prolonged as the conflict." In the lower house. 59 Mr. Toombs indorsed the conservative action of the Senate, whicli forced President Polk from his extreme position and established the parallel of •49° 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, 1846. If his Oregon speech had shown thorough familiarity with the force and effect of treaties and the laws of na- tions, his tariff speech proved him a student of fiscal matters and a master of finance. His gen- ius, as Jefferson Davis afterward remarked, lay de- cidedly in this direction. ]\Ir. Toombs announced in his tariff speech that the best of laws, esj^ecially tax laws, were but approximations of human jus- tice. He entered into an elaborate argument to controvert the idea that low tariff meant increased revenue. The history of such legislation, he con- tended, had 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, 1846, that the President had marched his army into Mexico without authority of law. " The conquest and dismemberment of Mexico, however brilliant may be the success of our 60 ROBERT TOOMBS. arms," said be, " will uot redound to tlie glory of our repiil)lic." The AVliigs approached the Presidential cam- paign of 1848 with every chance of success. They still hoped that the Sage of Ashland might be the nominee. George AV. Crawford, ex-Governor of Georgia, and afterwai'd mem- ber of the Taylor Cabinet, perceiving that the drift in the West was accainst Mr. Clay, of- fered a resolution in the AVhig convention that "whatever may have been our personal prefer- ences, we feel that in yielding them at the pres- ent time, we are only pursuing Mr^ Clay's own illus- trious example." Mr. Toombs stated to his con- stituents that Clay could not be nominated be- cause Ohio had declared that no man who had op- posed the Wilmot Proviso could get the vote of that State. The Whigs, who had opposed the Mexican -war, now reaped its benefits by nominat- ing one of its heroes to the Presidency, and Zach- ary Taylor of Louisiana became at (mce a pop- ular candidate. Millard Fillmore of New York w^as named for vice president, and " Pough and Ready " clubs were soon organized in everj- part of Georgia. The venerable William li. Crawford headed the AVhig electoral ticket in Georgia, while Toombs, Stephens, and Tliomas W. Thomas led the campaign. The issue of the campaign in Georiiia was the IX THE LOWER HOUSE. 61 Cla3^toii compromise -wliieli tlie Georgia seuators had sustained, but wliicli Stephens and Toombs had defeated in the House. This compromise proposed that all questions concerning slavery in the governments of the ceded territory be referred to the Supreme Court of the United States. Mr. Toombs declared that the Mexican law prohibiting slavery was still valid and would so remain ; that CoDfj-ress and not the courts must chanire this law. The Clayton compromise, Mr. Toombs said, was only intended as " the Euthanasia of States' Rights. When our rights are clear, security for them should be free from all ambiguity. We ought nev^er 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 asfainst future asc^rression. 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, from present indications, to this complexion it must come at last." Mr. Toombs demanded that what was recog- nized by la^v as property in the slaveholding States should be recognized in the Mexican terri- tory. " Tliis boon," he pleaded, ^' may be worth- less, but its surrender involves our honor. We can permit no discrimination against our section 62 ROBERT TOOMBS. or our institutions in dividing out the common property of the republic. Their rights are not to be abandoned, or bartered away in presidential elections." So Toombs and Stephens were central figures in this national campaign. It was during this canvass that Mr. Stephens became end^roiled with Judge Francis H. 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 \vould slap his face. After some correspondence the two men met in Atlanta, September 4, 1848. The trouble was renewed; Judge Cone denounced Mr. Stephens, ^vho rapped him over the shoulders with a whalebone cane. Mr. 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 he wrote to Mrs. Toombs, thanking her for her interest and solicitude during his illness. He manaofed to write with his left c ZZV^ THE LOWER HOUSE. 63 liaud, as he could not use liis right. " I hope," he says, " I will be al)le to take the stump again next week for old Zacli. I think Mr. Toombs has had the wei2:ht of the canvass Ions; enouo^h, and though lie has done gallant service, this but inspires me with the wish to lend all aid in my power. I think we shall yet be able to save the State. My faith is as strong as i\Ir. Preston's which, you kuo^v, was enough to move mountains. I got a letter the other day from ]\Ir. C- , ^vho gives it as his opinion that Oliio would go for General Taylor. If so, he will be elected. And you know how I shall hall such a ]-esult." During Mr. Stephens' illness Mr. Toombs can- vassed many of the counties in the Stephens dis- trict. Both men were reelected to Conirress, and Zachary Taylor received the electoral vote of Georgia over Lewis Cass of jMichigan, and vvas elected President of the United States. The Democrats, who put out a candidate this year against ]\Ir. Toombs, issued an address which was evidently not inspired by the able and deserv- ing gentleman who bore their standard, but Avas intended as a sharp rebuke to Mr. Toombs. It is interesting as sliowing how he was regarded by his friends, the enemy. " Of an age when life's illusions have vanished," they said of the Democratic candidate, " he has no 64 ROBERT TOOMBS. sellisli aspirations, no vaulting ambition to carry liim astray : no vanity to lead where it is glory enougli to follow." They accorded to Mr. Toombs " a very showy cast of talent — better suited to the displays of the stump than the grave discussions of the legislative ludl. His eloquence has that soit of splendor mixed with the false and true which is calculated to dazzle the multitude. He would rather ^vin the applause of groundlings by some silly tale than gain the intelligent by the most triumphant course of reasoning." Mr. Toombs carried every county in the district and was re- turned to Congress by 1681 majority. AYhen Mr. Toombs returned to AVashington he had commanded national prominence. He had not only carried his State for Zachary Taylor, l)ut his speech in New York, during a critical period of the canvass, had turned the tide for the Whig candidate in the country. Toombs and Stephens naturally stood very near the administration. They soon had reason to see, however, that the Taylor Cabinet was not attentive to Southern counsels. During the fight 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 IN TUE LOWER HOUSE. 65 called on tlie President aud expressed strong dis- approbation of his stand upon tlie bill to organize tlie Territory of New Mexico. It was said tliat tliey even threatened to side witli Lis opponents to censure liini upon Lis action in tLe case of Secretary Cra^vford and tlie GolpLin claim. TLe President, tlie article recited, was very mucL troubled over tliis interview and remained despond- ent for several days. He took Lis bed and never rallied, dying on tLe 9tL of July, 1850. Mr. Stepliens publisLed a card, promptly denying tLis sensation, lie said tliat iieitLer Le nor Lis col- league Mr. Toombs Lad visited tLe President at all during or jn-evious to Lis last illness, and tLat no sucli scene Lad occurred. Toombs and StepLens, in fact, were warm per- sonal friends of George W. Crawford, a\'Lo Avas Secretary of War in Taylor's Cabinet. He Lad served witL tLem in tlie General Assembly of Georo-ia and Lad twice been Governor of tLeir State. TLe GolpLin claim, of wliicL Governor Crawford Lad been agent. Lad been collected from tlie Secretary of tLe Treasury wLile Governor Crawford was in tLe Cabinet, but President Taylor Lad decided tLat as Governor Crawford was at tLe Lead of an entirely different department of tLe government, Le Lad been guilty of no impropriety. After tLe deatL of President Taylor, Governor 66 ROBERT TOOMBS. Crawford returned to Augusta and was tendered a public dinner by bis fellow-citizens, irrespective of party. He delivered an eloquent and feeling ad- dress. He made an extensive tour abroad, tlien lived in retirement in Kicbmond County, enjoying the respect and confidence of bis neighbors. CHAPTER VI. THE COMPROMISE OF 1850. No legislative body ever assembled with more momentous measures before it tlian tlie tliirty-first Congress of tlie United States. An immense area of unsettled public domain Lad been wrested from Mexico. The Territories of California, Utah, and Kew 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 beclouded their annexation threatened to surpass the storms of conquest. Congress felt that it was absolutely without lio-ht to c:uide it. It had declined to extend the Missouri Com[)i'omise 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. Lincoln afterward embodied in his famous expression that the Union could never exist " half slave, half free," liad been actually anticipated. The whole territorial ques- 67 68 ROBERT TOOMBS. tion came up as a new problem. But if the crisis was now momentous the body of statesmen whicli considered it was a great one. The men and the hour seemed to meet in that supreme moment. The Senate consisted of sixty members, and for the hist time that great trio of CLay, Calhoun, 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 before 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 New York ; James M. Mason and Eo])ert M. T. Hunter repre- sented Virginia; AVm. C. Da^vson had joined Mr. Berrien from Georgia ; Salmon P. Chase appeared from Ohio ; Jefferson Davis and Henry S. Foote illustrated Mississippi ; Stephen A. Douglas had been promoted from the House in Illinois, and Samuel Houston was there from Texas. Tlie 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 hour of disunion had arrived. The AVhiiz caucus, which assembled to nomi- TSE COMPROMISE OF 1850. 69 nate a candidate for Speaker of the House, sus- tained a serious split. Kobert Toombs oii'ered a resolution tliat Congress should place no restric- tion upon slavery in the Territories. The North- ern AVhigs scouted the idea and Toombs led the Southern members out of the meeting;. The organization of the House was delayed three weeks, and finally, under a plurality resolution, the Democrats elected Howell Cobb of Georgia Speaker over Robert C. Winthrop of Massachu- setts. In the midst of these stormy scenes Mr. Toombs forced the fio-htino-. He declared with impetuous manner that he believed the interests of his people were in danger and he was unwill- ing to surrender the great power of the Speaker's chair without security for tlie future. " It seems," h-e said, " that we are to be intimid- ated by eulogies of the Union and denunciations of those wlio are not ready to sacrifice national honor, essential interests, and constitutional rights upon its altar. Sir, I have as much 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 conduct or opinions in relation to these questions, which, in my judgment, so vitally 70 ROBERT TOOMBS. affect it. The time has 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 l)y the common blood and treasure of the people, and to abolish slavery in the District, there- b}^ attempting to fix a national degradation upon half the States of this confederacy, 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 the 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 twenty- four hours and restore tranquillity to the country. Refuse them, and, as far as I am concerned, let discord reign forever." This speech fell like a clap of thunder. The Wilmot Proviso waved like a black flag over the heads of Southern men. No one had spoken outright until Mr. Toombs in his bold, dashing, Mirabeau style accepted the issue in the w^ords just given. The House was filled with storms of THE COMPROMISE OF 1850. 71 applause and jeers, and, as can be imagined, Mr. Toombs' speech 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 ex- cepted, 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. Stanton 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 (piestion pending. Mr. Stanton 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. this House, until a Speaker is elected and gentle- men have taken the oath of office, has no right to adopt any rules whatever." (Loud cries of " order.") Mr. Toombs: "Gentlemen may amuse them- selves crying ' order.' " (Calls of "order.") Mr. Toombs : " But I have the rio-ht 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 w^ill disregard the order of this House." Mr. Toombs : " I have the floor, and the clerk cannot put the question." "The House," he said, "has no right. Gentle- men may 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, THE COMPROMISE OF 1850. V3 and the Constitution of tlie United States, to put mc down [''order, order, call tlie roll"], you will find it a vain and futile attempt. [" Order."] I am sure I am indebted to tlie ignorance of my character on the part of those who are thus disgracing them- selves ["order, order"], if they suppose any such efforts as they are now making ^\i\\ succeed in driv- ing me from the position which I have assumed. 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 }ou tremble to hear. You claim and have exercised the power to pre- vent all debate upon any and every subject, yet you have not as yet shown your right to sit here at all. I Avill not presume that you 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 ^vith the Act of 1789 before I shall lie }K)und to submit to their authoi'ity." (Loud cries of " order.") The Act to Avhicli Mr. Toombs referred recited that the oath must be administered liy 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. 74 ROBERT TOOMBS. Throwing aside liis manual Mr. Toombs walked further out into the aisle and assumed a yet more defiant position. " You refuse," he 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 proceedings. But if you will not hear them the country Avill. 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 ears- The electric spark shall proclaim to the freemen of this republic that an American Congress, ha%ang conceived the purpose 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 i-epresentatives shall not be heard in their defense, and finding this ille- gal resolution inadequate to secure so vile an end, liave 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 audacity turned upon him. Pointing his finger at the locum tenens, he cried witli scorn : " I ask by what authority that man stands there and calls these names. By what au- thority does HE interfere ^vith the rights of a mem- ber of this House. [The clerk continued to call.] He is an intruder, and how dares he to interrupt THE COMPROMISE OF 1850. 75 members in the exercise of their constitutional rights. Gentlemen, has the sense of shame de- parted with your sense of right, that you permit a creature, an interloper, in no wise connected with you, 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. He contended that a power del- egated to the House must be used by a majority of the House. He concluded : " I tlierefore demand of you before the country, in the name of the Constitution and the people, to repeal your illegal rule, reject. the one on j'oiir 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 meuacino- and insolent. Mr. Ste- ])heus, in his "War Between the States," con- tended that it should rather be considered iu 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 infui'iated assembly. The noise during the delivery of this speech 16 ROBERT TOOMBS. gradually ceased. The clerk stopped calling tlie roll, all interruptions were susjDended and " every eye," says Mr. Stephens, " was fixed upon tlie speaker." It was a picture worthy of ranking with Lamartine's great speech to the re^ olutionists in France. On the 29th of February Mr. Toombs addressed the House upon the general territorial question. He said : " AVe had our institutions when you songht our allegiance. We were content with them then, and we are content with them now. AVe have not sought to thrust them upon you, nor to inter- fere with yours. If you believe what you say, that yours are so much the best to promote the happiness and good government of society, why do you fear our equal competition with you in the Territories ? We only ask that our common government shall protect us both, equally, until the Territories shall be admitted as 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. Grant it, and you place your prosperity and ours upon a solid foundation ; you perpetuate the Union so necessary to your prosperity ; you solve the problem of republican government. If it be demonstrated that the Constitution is powerless THE COMPROMISE OF 1850. i ' for our protection, it will tlien be not only the right but the duty of the slaveholding States to resume the powers which they have conferred upon this government and to seek new safeguards for their future protection. . . . We took the Con- stitution and the Union together. We will have both or we will have neither. This cry of Union is the masked battery behind which the rights of the South are to be assaulted. Let the South mark the man \\li() is for the Union at every hazard and to the last extremity ; wlien the day of her peril comes 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 Uiiion. They declined to say. Mr. Toombs arose and declared that the South did not deny the right of a people framing a State constitution to admit or exclude slaveiy. The South had uniformly maintained this right. "The evidence is complete," he said. "The North repudiated this principle." " I intend to dras^ oif the mask before the con- sununation of the act. We do not oppose Call- 78 ROBERT TOOMBS. fornia on account of the antislavery clause in her constitution. It was her riglit, and I am not even prepared to say she acted unwisely in its exer- cise — that is her business : Ijut I stand upon the great principle that the South has the right to an ecpial participation in the Territoiies of the United States. I claim the riirht for her to enter them o with all her property and security to enjoy it. She will divide with you if you Avish 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 Avorth 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 right, and appropriate this common property to yourselves ; it is then your 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 Hamilcar, I will swear them to eternal hostility to your foul 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. Refuse 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 AVilmot Pro- viso, or slavery restriction. When this principle was abandoned and the compromise measures passed, Mr. Toombs uttered, as we shall see, far different sentiments. In the Senate Mr. Clay, the Great Pacificator, had introduced liis coni[)romise resolutions to admit California under tlie 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. AVebster 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 4th of March that Senator Mason read for Mr. Calhoun the last speech that the latter ever pre- pared. It was a memorable moment when the great Carolinian, with the stamp of death already upon him, reiterated his love for the Union under the Constitution, but declared, with the prescience of a seer, that tlie only danger threatening the government arose from its centralizing tendency. It was " the sunset of life ^vhich gave him mysti- cal lore." Debate continued through the spring and sum- mer with increasiuii; bitterness. On the 31st of 80 ROBERT TOOMBS. July Mr. Clay's " Oninibus Bill," as it was called, " went to pieces," but the Senate took up tlie separate propositions, j^assed tliera, and trans- mitted tliem to the House. Here the great sectional contest was renewed. Mr. Toombs offered an amendment that the Constitution of the 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, 1776, shall be the exclusive la^vs of said Territory upon the subject of African slavery, until altered by the proper authority. This was rejected by the House. On September 6 the Texas and New Mexico bill, w^ith the Boyd amendment, passed by a vote of 108 to 97 — and the anti-restriction- ists, as Mr. Stephens said, won the day at last. This was the great compromise of that year, and the point established w^as that, since the princij^le of division of territory bet^veen 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 36° 30', should be admitted into the Union "either with or without slavery as their con- stitution might prescribe at the time of their admission." Durinfi: this memorable contest Mr. Toombs was in active consultation Avith Northern states- TUE COMPROMISE OF 1850. 81 men, trying to effect tlie comproujise. He in- sisted that there should be no couo-ressional 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 light the admission of California. Into this conference Mr. Stephens and Howell Cobb 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 Kentuck}^, Ohio, and Illinois, that California should be admitted : that the Territories should be oro-anized without restric- tioii, 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 ^v^as the essence of the compromise, built upon the great measures of Henry Clay, and linally ripening into the legislation of that session. Here was the agreement of that compact ^vhich formed the great " 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 failed in 1850. "At the head of the States wliich had the merit of stopping it," said Thomas H. Benton, " was Georgia, the greatest of the South Atlantic States." And that Georgia stood 82 ROBERT TOOMBS. steadfast in her place, and declined every over- ture for secession, was because of tlie united prestige and splendid abilities of Howell Cobb, Alexander H. Stephens, and llobert Toombs. During this stormy session Mr. Toombs' heart continually yearned for home. He was a model husband and a remarkably domestic character. The fiery scenes of the forum did not ween him from his family. On the 29th of August, 1850, he wrote to his wife : We have before us the whole of the territorial questions, and shall probably pass or reject them in a few (lays 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 get 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 hearts. 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 he was the wiser man, and that the world was well lost for love. CHAPTER VII. THE GEORGIA PLATFORM. When Ml'. Toombs came Lome in the fall of 1850 lie found the State in upheaval. Disunion sentiment was rife. He was confronted by garbled extracts of his speeches in Congress, and made to pose as the champion of immediate secession. He had aided in perfecting the great compromise and was resolved that Geors-ia should take her stand firndy and unerpii vocally for the Union and the Constitution. Governor Towns had issued a call for a State convention ; Mr. Toombs took prompt issue witli the spirit and purpose of the call. He declared that the lesfislature had endan2:ered 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," he said. "I favor the former measure!" Mr. Toombs issued a ringjini!' address to the people. It bore date of October 9, 1850. He proclaimed that " the first act of legislative hos- tility 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- 63 84 EGBERT TOOMBS. summated or tlie act of exclusion placed upou the statute books. Mr. Toombs said tliat tlie Soutli had not se- cured its full rights. " But the fugitive-slave law which I demanded was granted. The aboli- tion of slavery in the 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 disunionists he said : " Tliey 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 the hour. If these peo- ple 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 the service of the State and prove their devotion to the Constitution and the Union. " With no memory of past differences," he said, " careless of the fu- THE GEORGIA PLATFOB^T. 85 ture, I am ready to unite witli 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 ^vith " rapid and prompt perception, clear, close reasoning, cutting eloquence, and unsparing hand he rasped the follies of disunion and secession." A prominent journal of that day, spealdng of his speech in Burke County, Ga., declared that " his manly eloquence has shaken and shivered to the base the pedestal upon 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-Governor Charles J. McDonald represented Georgia. That meeting protested against the ad- mission of California with slavery restriction ; charged that tlie })olicy of Congress had l^een to exclude the Southern States from the Territories, and plainly asserted that the powers of the sov- ereign States could l^e resumed by the States sep- arately. On November 3 the election of delegates to the Georgia convention was held. Toombs liad already tui'ued tlie tide. A great majority of Union men were chosen. AYliio-s and Democrats united to save the State. Toombs stood convicted before manv of his old followers of " unsoundness 86 nOBEBT TOOMBS. on the slavery question " — but he was performing his greatest public work. Among the delegates elected by the people to the Georgia convention, which met at Milledge- ville, December 10, 1850, were Toombs and Ste- phens and many of the. best men in the State. Tlie work of the distinguished body was mem- orable. They adopted the celebrated "Georgia Platform," whose utterances were talismanic. Charles J. Jenkins reported the resolutions. They recited, first, that Georgia held the American Union secondary in importance to the 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 somewhat 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 in 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 Ho^vell Cobb as their candidate for Governor. The Southern Rio;hts men selected Charles J. Mc- THE GEORGIA PLATFORM. 8i Donald. This party claimed tliat the South was degraded by the compromise measures. Their platform was based u23on 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. He 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 States^ Rights men called him a " consolidationist." In his letter accepting the nomination for Gov- ernor, 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 renomination to assert his principles. He did not, however, con- 88 ROBERT TOOMBS. fine liis work to Lis district. He ti-avelecl from one end of tlie State to the other. He recognized that party organization in Georgia had been over- thrown 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 his opponents, the States' Eiglits party, was hostility to the Union. Some of the members still submitted to the humiliation of rais- ing the cry of " the Union," he said, but it was a " masked battery," from which the very Union was to be assailed. Mr. Toombs announced on the stump that " the good sense, the firmness, the pat- riotism of the people, would shield the Union from assault of our own people. Tliey will maintain it as long: as it deserves to be maintained." Mr. Toombs admitted that the antislavery 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 get ? " he asked on the stump. " It was driven from every position it assumed. It demanded the express prohibition of slavery, the Wilmot Proviso, in the Territories. It lost it. It demanded the abolition of slavery in the District of Columbia, and the slave trade between the States. It lost. both. It demanded the affirmance of tlie oft-re- peated declaration that there should be no more THE GEORGIA PLATFORM. 89 slave States admitted into the Union. Congress enacted that States hereafter coining into the Union should be admitted with or without slav- ery, as such States might determine for tliem- 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 AVliig 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. Our 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 souikI men toaconmion standard. Tliis is the only policy which can pre- serve botli our rights and the Union." On the 1st of August, 1851, Mr. Toombs spoke in Elberton. lie was in the full tide of his man- hood, an orator without equal ; a statesman witli- out fear or re])roacli. Personally, he was a splen- did picture, fvdl of liealtli and vitality. He had been prosperous in his affairs. He was prominent ip pul)lic life and over])ore all opposition. His powers were in their prime. In his speech to his constituents he mentioned the fact that his oppo- 90 ROBERT TOOMBS. iients liad criticised tlie manner in wLicli he trav- eled (alluding to liis fine liorses and servants). He wanted the people to know tliat tlie money was his, and that he made $5000 a year in Elbert alone. " AVho would say that he had not earned his money? He 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 Governor — a man who supported Jackson's Force bill — a man who had grown gray in federalism? He was the man brought to teach the people of Elbert States' Rights. 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 wi'ought." Toombs was alluded to b}^ the correspondents as " Richard, the Lion-hearted," with strong arm and ponderous battle-ax, as he went about winning victories. Stephens, no less effective and influen- tial, seemed to be the- great Saladin with well- tempered Damascus blade — so skillful as to sever the finest down. The people were in continued uproar as Toombs moved from place to place. In Jefferson County, Mr. Toombs denied that the South had yielded any demand she ever made, or had sacrificed any principle she ever held. He THE GEORGIA PLATFORM. 91 died tliat "opposition to Toombs and Stephens seemed to be the principle of political faitli on the other side." Toombs declared that Stej^hens "carried more brains and more sonl for the least flesh of any man God Almighty ever made." Mr. Toombs repeated that if the slaveholders had lost the right to carry slavery into California, they had lost it npou sound principle. The right of each State to prescribe its own institutions is a right 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 i^t : Till wrapped in flames the realms of etlior q'low, And Heaven's last thunder shakes the world below. He deeply sympathized with those Southern Rights men who denounced the Union they pro- fessed to love. Speaking of the sudden cliange 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 rascal." In Marietta Mr. Toombs addressed an enthu- siastic crowd. A journalist said of him: "He is my heme ideal of a statesman. Frank, honest, bold, and eloquent, he never fails to make a deep impression. Many of the fire-eatei's (for they tvill 92 ROBERT TOOMBS. go to hear liiiii) looked as if the}' would make tlieir escape from liis withering and scathing re- buke." Toombs derided the States' Rio-hts men for declaring that they were friends of the Union under which they declared they were " degraded ' and oppressed." The greatest stumbling-J^lock to Toombs' triumphant tour Avas 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 danwr of defendina: his own home is already degraded. The people who count the cost of maintaining their political rights are ready for slavery." In Lexino;ton he was accused of havino- said that if the ])eople understood this slavery question as well as he did " they would not remain in the Union five minutes." This provoked a bitter controvers}^ Mr. Toombs denied the remark, and declared he was ^villing to respond personally and publicly to the author. As the campaign became more heated, Toombs, Stephens, and Cobb redoubled their efforts and drew their lines more closely. This combination was invincible. It was evident that they would 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 Charles J, Jenkins, and the THE GEORGIA PLATFORM. 93 other, John McPliersou Berrien, The former had drawu the celebrated Georgia Platforui, and was devoted to the Uuiou. The latter was United States Senator from Georgia, and, as his successor •was to be chosen by the legislature soon to be elected, there was much curiosity to find out his real position in this canvass. Mr. Jenkins 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 Georijia 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. Howell Cobb was elected Governor by a large majority over Charles J. McDonald, who had been twice Governor and who was one of the stroni>:est men in Georsjia. 1^01)611: Toombs was reelected to Congress over Robert McMilleu of Elbert, and Mr. Stephens defeated D. W. Lewis of Hancock. The legislature convened in November, 1851. It was largely made up of Union men. Judge Berrien was not a candidate for reelection to the 94 ROBERT TOOMBS. Uuited States Senate. He wrote a letter -ji whicli lie reviewed liis course during the cam- paign, lie said : " I asserted in terms wliicli oven cavilers could not misunderstand nor any lionest man doubt, my devotion to the Union, my unfaltering determination to maintain by all constitutional means, and with undiminished zeal, the equal rights of the South, and my acquiescence in the com- promise measures. Satisfied that such declarations, in the excited state of feeling, would not meet the exactions of either party in a contest peculiarly bitter, and unable to sacrifice for the ])urpose of victory the dictates of con- science or the convictions of judgment, I expressed a will- ingness to retire." On tlie lOtli of November Kobert Toombs was elected Uuited States Senator. In the caucus lie secured T3 votes, and in tlje 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 he had been the leader of the extreme Southern wing in Congress, he had shown his w^illingness to accept a compro- mise and go before the people in defense of the Union. He was 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. AVhat some of his critics had said of him was true: ■ THE GEORGIA PLATFORM. 95 "The rasliest of talkers, lie was tlie safest of counselors." Certain it is that at a moment of national peril lie repelled tlie charge of being an " irreconcilable," and proved to be one of tlie stancliest supporters of tlie Union. In Milledgeville, during the turmoil attending the election of United States Senator in Novem- ber, 1851 ]\Ir. Toombs wrote to his wife as fol- lows : Since I wrote you last I have been in the midst of an exciting political contest with constantly varying aspects. The friends of Judge Berrien are moving every possible spring to compass my defeat, but as yet I have constantly held the advantage over them. They started Mv. Jenkins and kept him up, under considerable excitement, until he came to town yesterday and instantly withdi'cw his name. To-day tliey have started a new batch of candidates : Judge Hill, nines Holt, Warren, Charlton, and others, all of whom they seek to combine. I think I can beat the whole combination, though it is too close to l)e comfortable. It is impossible to give an idea of every varying scene, but as I have staked my political fortunes on success, if I am defeated in this conflict my political race 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 I am standing very much on my own hand, breasting "the con- flict alone. So I shall have the consolation of knoAving that, if I succeed, the victory will be all my own. The contest will be decided by jNlonday next, and perhaps sooner As soon as it is over I shall leave here and shall be at home at furthest to-day week. If 1 were not comjdicated in this business, nothing would induce me to 96 ROBERT TOOMBS. o-o into it. There are so many iini)leasant things connected with it, wliich 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, A^et I am getting so impatient to come home that even defeat would be bet- ter than this eternal annoyance. Toombs. CHAPTER VIII. THE CA^VIPAIGN OF 1852. In this first struo-o-le between Secession and the Union Georgia had taken the lead, but Georgia had not been the only State involved. The fight was waged just as fiercely in Mississippi, when Henry S. Foote, the Union candidate, was elected Governor over Jefferson Davis. But the Geoi'gia Platform was the corner-stone of the Southern victory. Her action gave peace and quiet to the whole Union, and tlie success of the triumvirate that year offered assurance of strength and security to the country. The national j^arties \\ere quick to align themselves on this platform. Tlie Demo- cratic convention, Avhich assembled in Baltimore June 1, declared that " the party would abide by and adhere to a faithful execution of the Acts known as the Conqiromise Measures, settled by the last Congress." The AVhig convention, which met also at Baltimore, June 16, pix>cl aimed that ''the series of Acts of the thirty-first Congress, known as the Compromise Measures of 1850, the Act known as the Fuii;itive-slave law included, are received and ac(piiesced in by the AVhig party of the United States as a settlement in jn'iuciple and substance 97 98 ROBERT TOOMBS. of tlie dangerous and exciting questions wliicli tliey embrace." "The trutli is," said Mr. Stephens in liis ^' War Between the States," " an overwhehning majority of the people, North as Avell as South, was in favor of maintaining these principles." Under these conditions the presidential cam- paign of 1852 was opened. The Southern Whigs did not, as a body, accept the Baltimore, nominee. General Wiufield 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. Feelins: in the South was still runnins: hiu'h. Some extremists held that no Northern man was tit to be trusted. ^Ir. Toombs declared that there "svere good and true men at the North and that he would " liold party associations with no others." In a speech to his own townspeople in AVash- 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 w^ould plant themselves on the broad principles of the Constitution and the country. He said Gen- eral Scott had no claims ^vhatever upon the people. He spoke of him as a great general, and THE CAMPAIGN OF 1853. 99 alluded in glowing terms to Lis achievements in arms against the Mexicans and Indians. But General Scott, he believed, was a Free-Soil can- didate. He would be in favor of annexing Can- ada, but no more slave territory. Mr. Toombs alluded to the Democratic candidate for President, Genei-al Franklin Pierce, as a very consistent man in all his senatorial career, and believed he was the safest man on the slavery question north of Mason and Dixon's line. He preferred Pierce 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 AYebster as a statesman and friend of the Constitution. It was Webster who had stayed the flood of abolition and killed the Wihnot 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 AVhigs of Georgia, in convention assembled, had nominated Daniel AYebster for President and Charles J. Jenkins for vice-president of the United States. Without chance of national success, this ticket was received A\'ith strong exj^ression of in- dorsement. Since his celebrated " 4th of March " 100 ROBERT TOOMBS. speech, in the Senate, Mr. Webster had been a favorite in the South. He had abandoned the Wihuot Proviso and accepted tlie Fiigitive-shive Law to conciliate the sections, and the addition of his great name 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 in their hopes, and inspired with re- newed energies by its high and lofty sentiments." Commandiug always the I'espect and admiration of the Soutliern people Mr. Webster now took the place in their affections Just made vacant by the death of Henry Clay. Mr. AVebster must have })ut aside all political ambition when he made this peaceful concession. His new-fouud strength in the South did not add to his popularity in the Nortli. AYlien the Whig convention of 1852 met in Baltimore, Mr. AYebster ^vas Secretary of State under President Fillmore. He had added fresh luster to his name by his latest services to the nation. But the prestige of his life and labors did not override the passions of the hour, and Win- field Scott was nominated for the Pi'esidency. This broke the last tie which held the Southern Whigs in national allegiance. Circumstances were forcing them into the Democratic X3arty, but they THE CAMPAIGX OF 1852. 101 made a final stand under the name of Daniel Webster. To Mr. Toombs, tlie regard of the AVbigs of Georgia for Mr. AVebster was especially gratifying. He had lived next door to the great Massachusetts statesman durino; his residence in AVashino-ton, and had seen him often in the privacy of his home. Pie had consulted closely with him during the exciting days of the compromise measures, and was advised by IMr. '\Yel)ster about the Whig platform at Baltimore. He 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 law witli Senator Berrien and ju'acticed in Augusta. His nomination to second place on the AVebster ticket was a pledge of the high favor of the AA'higs. Mr. Jenkins was five years the senior of Air. Toombs; had served witli him in the State Legislature and, like Toombs, had been allied with tlie Troup party in Georgia. Mr. Jenkins had been three times Speaker of tlie lower bi'ancli of the General Assembly, and in 1842 had received the entire AVIiig vote for United States Senator. Upon tlie resignation of AIc- Kennon of Pennsylvania, President Fillmore had, through Air. Toombs, offered the Interior Depart- 102 ROBERT TOOMBS. ment to Mr. Jenkins. Tliis position, however, was declined because of pressing duties in tlie courts. In tlie senatorial election of 1851 Mr. Jenkins would kave been a formidable candidate for United States Senator again, bad not bis strong' friendship botb for Senator Berrien and Mr. Toombs dictated bis declining tbe use of bis name. He was a man of bigb ability and pure character. Georgia became a national battle-ground during this campaign. Besides the regular Whig and Democratic and the Webster tickets, there was an extreme faction of States' Rights men, w^ho 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 seventy-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 gallant body of Union AVhigs ^vere destined to deep affliction. On the 24th of October, 1852, ten days before the national election, Daniel Web- ster died. The land was filled with lamentation, for there was no North, no South, in this sorrow. The State of Georgia, which in 1848 had voted for Taylor, now turned about and voted for Pierce THE CAMPAIGN OF 1852. 103 and King. On November 2d the South Carolina Legislature also cast 135 votes for the Pierce electors. General Scott carried but four States in the Union, caused, as Mr. Stephens and Mr. Toombs thought, by his refusal to indorse the Compromise of 1850. On July 3, 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 for^rard, were not real representatives of the country or even of a party. From the beginning of the government up to 1836 the presidency had been filled by ripe statesmen and tried patriots. All were excluded from competition except those who had great experience in public affairs, and who had com- mended themselves to the people by wisdom, virtue, and high services. Such men liad no need of hired biographers and venal letter-writers to inform the people who tliey were. They needed no interpreters of letters to the public, cunningly devised to mystify what they pretended to eluci- date. National conventions, Mr. Toombs con- tended, were contrivances to secure popular sup- port to those who were not entitled to public con- fidence. Mr. Toombs was an enemy to mere convention. All party machinery, all irregular organizations, which are unknown to the Constitution, he re- 104 ROBERT TOOMBS. garcled as dangerons to pnhlic liberty. He had noticed that this maehiueiy liad been deadly to the great men of the nation and productive only of mediocrity. Obedience to them, he contended, was infidelity to popular rights, " This system," said he, " has produced none of those illustrious men who have become so 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 ns. AVho is to take the place of the distinguished Carolinian ? " he asked. " He was the handiwork of God himself and of the people — not party machinery. Who is to fill the place of the great Kentuckian ? When worthily filled, it will not be by these nurseries of faction. "The friends of the Compromise," said Mr. Toombs, " demand no sectional candidate. They were willing to acce2)t the great New England statesman, notwithstanding they may point to disagreements with him in the past. He 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. He was defeated in convention by the enemies of the THE CAMPAIGX OF 1853. lOo 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. IMy action shall respond to my convictions." Mr. Toombs had seen Calhouu, Clay, and AVeb- ster, one by one, retired before Van Buren, Harri- son, and Scott. Was it any wonder that, in breaking away from the old Whig party, he 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 ? Mr. Toombs never a<^ain gave alleirit, attached to liberty tliat those to the Northward. Such were our Gothic ancestors ; such were the Poles ; such will be all masters of slaves who are not slaves them- selves. In such a people the liaughtiness of dom- ination combines itself with the spirit of fi'eedoni, fortifies it, and renders it invincible. Senator Toombs declared that, in the great agitation which for thirty years had shaken the national government to its foundation and 138 ROBERT TOOMBS. burst tlie bonds of Christian unity among the churches, the slaveholding States have scarcely felt the shock Stability, progress, order, peace, content, prosperity reign through our borders. Not a sinsfle soldier is to be found in our domain to overawe or protect society. Mr. Toombs pic- tured the progress of the Southern chm-ches, schools and colleges multiplying. None of these improvements had been aided ]3y the Federal Gov- ernment. " We 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 &m 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." Mr. 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 tlae tender bond of aifection. 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 TOOMBS IN BOSTON. 139 receive his bomity 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 were few instances of the sepa- ration of families." He looked after the welfare of all his dependents. While he was 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. Buchanan's administeatioist. The 2:reat contest of 1856 was coinino; on. A President was to be cLosen. Tlie relations of tlie sections were more strained every day. The elec- tions of 1854 had eml)oldened the antislavery men to form the Republican party, and to put out, as their candidate, John C. Fremont, "pio- neer and pathfinder," who had saved California to the Union. Fremont was not a statesman, but a hero of the kind who dazzled men, and was thought to be especially available as a presiden- tial candidate. "Free soil, Free men, Fremont" was the cry, and it was evident that the Aboli- tionists had swept all the wavering Whigs into their lines and would make a determined fight. The American party nominated Millard Fillmore, and the Democracy, with a wealth of material and a non-sectional following, wheeled into line. President Pierce Avas willing to succeed himself. Stephen A. Douglas, Avho had rushed into the convention of 1852 mth such reckless dash to put aside " the old fogies " of the party, was an avowed candidate. His championship of the Kansas-Ne- 140 BUCHANAN'S ADMINISTRATION. 141 braska bill bad made bim a favorite in tbe Soutb, altboiigb it injured bis cbances at tbe Nortb. It is not a little remarkable tbat Douglas, wbose candidacy bad tbe eit'ect of setting aside Bucbanan for Pierce in 1852, sbould afterward bave been tbe means of turning down Pierce for Bucbanan. James Bucbanan of Pennsylvania bad just re- turned from London, wbere be bad served wdtb dignity as American Minister. Free from recent animosities, be entered tbe field, fresb and full of prestige. He was nominated for President on tbe tiftb day of tbe Democratic Convention, Georgia casting ber vote for bim. Tbe Cincinnati plat- form adopted tins plank: '■'' liesolved : Tbat we recomiize tbe rig-bt of tbe people of tbe Territories, including Kansas and Nebraska, acting tbroiigb tbe legally and fairly expressed will of a majority of tbe actual resi- dents, and wbeuever tlie number of tbeir inbabi- tants justifies it, to form a Constitution, eitber witb or witbout domestic slavery, and to be ad- mitted into tbe Union upon terms of perfect equal- ity witb all tbe otber States." Amono; tbe causes contributino; to tbe current bitterness was tbe assault made upon diaries Sumner, senator from Massacbusetts, by Preston S. Brooks, a representative from Soutb Carolina. Tbis bappened in May, 1856, wbile Mr. Sumner was sitting at bis desk, after tbe Senate bad ad- 142 ROBERT TOOMBS. journed. Mr. Brooks took exceptiou to some remarks printed iu Mr. SumDer''8 speecli, entitled "Tlie Crime against Kansas." In tliis speech, tlie senator Lad referred, in i-atlier canstic terms, to Senator Butler of South Carolina. The latter ^vas a kinsman of Mr. Brooks. The weapon used by Mr. Brooks was a gutta-percha cane, and Sena- tor Sumner, who was a large, powerful man, in his effort to rise from his seat, forced his desk from its hinges and fell heavily to the floor. The assault created an immense sensation. It was associated in the heated minds at the North 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 Sumner made his statement of the attack, he said that, after he was taken from the floor, he saw his assailant standing bet>veen 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. Sumner, were BUCHANAN'S ADMINISTRATION. 1-13 aiding and abetting it. Both senators denied tliis from tlieii' places. The political activity was not confined to the North. There ^vas a large element in Georgia which disapproved of the Kansas-Nebraska bill as an nnwise concession on the part of the Sontli. Tliis class, combined with the American party, presented an active front against the party led by Senator Toombs. No contest was ever waged more vigorously in Georgia. New blood and new issues were infused into the fight. ^^Ir. Toombs was at the maximum of his greatness. He took redoubled interest in the campaign in that the leo-islature to be chosen in 1857 was to elect his successor to the Senate, and because the principles in this national contest were taking shape for a State campaign the following yeai\ CHAPTER XIII. ^ON THE stump" IN GEORGIA. Among tlie young men on the stump tliat year was Benjamin H. Hill. He liad come up from the plow-handles in Jasper County. Working his way to an education, he 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 }^ears of age, but he had won 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 st}de which had made him something 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 2 2d of Octo- ber meeting Mr. Stephens at his stamping-ground in Lexington, Oglethorpe County, and the next day confronting Mr. Toombs at his home in Wash- ington, Ga. There ^^'as a charm in the very audacity of this young Georgian. The man who 144 " Olf^ THE STUMP" ZZV GEORGIA. 145 would beard " the Douglas in liis liall " was a curi- osity to the people, for since the leadership of Toombs ^vas established in 1844, no one, probably, had assumed to cross swords with him before his home people. The fact 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 AYashingtou by thou- sands. A large part of the audience which had cheered Ben Hill in Oglethorpe followed him to Wnkes. Tlie speaking took place in Andrews' Grove, a noble cluster of oaks near the town, and by break- fast-time 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. People took their politics from the stump. They were trained in the great object-lessons of public life. The humble farmer knew all about the Missouri Compromise and the Nebraska bill. What they had learned was thorough. Every man was a politician. Ben Hill opened the discussion. He had the advantage of being a n,ew and untried man, while Toombs and Stephens had spread their records lie ROBERT TOOMBS. upon the pages of liuiidrecls of speeches. In those days of compromises and new departures, it was easy for a quick, briglit fellow to make capital out of the appai'ent inconsistencies of public men. Hill was a master of repartee. He pictured Toombs' cliau2:e from AVhie elected, I will not stand and wait for fire, 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 disunionist. 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 captandum argument, and did not meet the points of Mr. 152 ROBERT TOOMBS. Toombs ; but tliere are men living in Washington who heard the great contest and who delight to tell how the young Avarrior from Troup charged right into the enemy's camp, and rode away with the laurels of the day. Buchanan was elected President in November. He carried nineteen States, Georgia among them. Buchanan and Breckenridge received 174 electoral votes and 1,838,169 popular votes. Fremont carried eleven States and 114 electoral votes, receiving 1,341,264 popular votes. Fillmore carried Maiyland 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 large 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 about 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. His gifts of oratory were remarkable. It was a strange 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 " ox THE STUMP" IN GEORGIA. 153 must some clay bloom into an empire, and fifty years ago he gave $30,000 for this tract of land. As Texas commenced to fill up the s(piatters 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 Toombs, the reputed owner of the land ; they had never seen him, and certainly they would not consent to be dispossessed of their holdings. It was in 1857 that Senator Toombs, 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 buifalo robe. He was warned by his agents that he had a very desperate set of men to deal with. But Toombs was pretty determined him- self. He summoned the squatters to a parley at Fort AYorth, then a mere spot in the wilderness. The men came in squads, mounted on their mus- tangs, and bearing over their saddles long squiiTel rifles. 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 knew Avhich. He spoke firmly and pointedly, and pretty soon convinced the settlers that they were dealing with no ordinary man. He 1 5 4 ROBERT TOOMBS. said lie was ^villing to allow each squatter a cer- tain sum for betterments, if tliey would move off his land, or, if tliey preferred to stay, lie would sell tlie tract to each man at wild-land prices ; but, failing in this, they must move away, as he had the power to Y'^ii them out, and would certainly use it. There was a good deal of murmuring and caucussing among the men, but they concluded that there was a man named Toombs, and that he meant what he 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 innnensely valuable during 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, he 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 acre. It was while he was returning home from his Texas trip that the postniaii met him on the 23lains and delivered a letter from Georgia. This was in July, 1857. The letter announced that the Democratic State Convention in Georgia had adjourned, after nominating for Governor Joseph E. Brown. Senator Toombs read the letter and, looking up in a dazed way, asked, " And who in the devil is Joe Brown ? " CHAPTEK XIV. THE CAMPAIGlSr OF 1856. There was a good deal of significance in tlie inquiry. There Avas a hot campaign ahead. The opposition party, made up of Know-nothings and old-line Whigs, had nominated Benjamin H. Hill for Governor. Senator Toombs knew that it would require a strong man to beat him. Besides the Governor, a legislature was to he chosen which was to elect a successor to Senator Toombs in the Senate. He was personally interested in seeing that the Democratic party, Avith which he had been in full accord since the passage of the Kansas-Nebraska l)ill, liad a strong leader in the State. All the Avay home lie Avas puzzling in his brain about " Joe BroAvn." About the time that he returned, he Avas in- formed that Hill and BroAvn had met at Glen Spring, near Athens. A large croAA^d had at- tended the opening discussion. HoAA^ell Cobb Avrote to Senator Toombs that he had better take charge of the campaign himself, as he doubted the ability of Judge Brown to handle "Hill of Troup." 155 156 ROBERT TOOMBS. Josepli E. Brown liacl come up from tlie people. He was a native of Pickens, S. C, of old Scotcli- Irisli stock that had produced Calhoun and Andrew Jackson. The late Henry W. Grady, in a bright fancy sketch, once declared that the ancestors of Joseph E. Bro^vn 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, Margaret and James Brown were Avithin the walls, starving and fight- ing for William and INIary ; 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 hidino- the 2:ood Kinsj 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 proguing about the place Avith 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 came the two men — the one superb, rnddy, fashioned with incomparable grace and fullness — the other pale, thoughtful, angular, stripped down THE CAMPAIGN OF 1856. 157 to brain and sinew. From these opposing theories came the two types : tlie one patrician, imperious, swift in action, and brooking no stay ; the other democratic, sagacious, jeah)us of rights, and sub- mitting to no opposition. The one for the king, the other for the people." Youno; Joe Brown had tauojht school, studied law, finally completing his course at Yale College. He was admitted to the bar in 1845. In 1849 he was elected as a Democrat to the State Senate by Cherokee County. In 1851 he had been a South- ern Eights' man, votin'g foi- McDonald against Cobb, the Union candidate for Governor. In 1852 he Avas Democratic elector for Pierce. In 1855 he was elected by the people judge of the Blue Ridge Cu'cuit. He A\'as very strong in North GeorjT^ia. The convention which selected him as the candidate for Governor met in Mill- edgeville, 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 Brown was finally brought in as a compromis(! man. His nomination was a surprise. AVhen Senator Toombs 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. 158 ROBERT TOOMBS. lint lie found luiicli slirewdiiess and homely wis- dom about Josepli E. Bro^vn, and lie became con- vinced that lie was able to make his way to the favor of the people mthout outside aid. The Democratic nominee proved his ability to stand before the luminous oratory of Ben Hill himself. Brown had courage, clearness, and tact, with grow- ing ability and confidence. He soon develoj^ed the full strength of the Democratic party, which, in Georgia, was overwhelming. Joseph E. 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 AVediiesda}' and found the usual turmoil and excitement. Governor McDonald is here and has been trying hard to beat me, but I find very unexpected and gratifying unanimity in my favor. The party met this evening and nominated me by acclamation, with but two or three dissenting votes, and they speak of bringing on the election to-morrow. I 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 far as I am concerned, for the next six years. I think I shall 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, THE CAMPAIGN OF 1856. 159 AVlieu President Bucliauaii was inaugiu'ated, lie aniioimced that a case was pending in tlie Supreme Court upon tlie occupation of tlie Territories. By this decision he wouhl aljide. The day after the inauixuratioii the decision was announced. It was the celebrated Dred Scott case. It fell like a bouib into the autislavery camp. The great cpies- tion involved -was whether it was competent for Congress, du'ectly 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 this 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 " nei^'roes had no rio'hts that a Avhite man Avas Ijoimd 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- I'oads of Missouri and Southern settlers. A state of civil war virtually obtained in 1856-57, and throughout Buchanan's administration there was a sharp sku^mish of new settlers and a sharp IGO ROBERT TOOMBS. maneuver of parties for position. Tlie Georgia State Democratic Convention of 1857 demanded the removal of Kobert J. AValker, wlio liad been appointed Governor of Kansas. He was a Southern man, but was regarded as favoiing the antislavery party in its efforts to organize the Territory. The truth ^vas, 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 Avith the Lecompton 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 duj'ing the debate on the Kansas-Nebraska bill in 1854. He contended that the settlers of a Terri tory could determine the character of their institu tions, a position which the Buchanan 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 lonof been a favorite. He was also estran2:ed from the administration, and it was evident that he Avould have no easy matter to be reelected United States Senator. This election came off in TEE CAMPAIOX OF 1856. * 161 the fall of 1858, It was clear to him that, to maintain his prominence in politics, he nnist cany Illinois. Unless he could save his own State his chance for President was gone. So he went into this memorable canvass with his own party divided and a determined opponent in the person of Abra- ham Lincoln. The young Republican party in Illinois had been o-atherins: strenirth with each new phase of the slavery question. The joint debate between Douglas and Lincoln was memorable. As a dexterous debater, Douglas luid no equal in th-e Union. He was strong on the stum]:) and incomparable in a popular assembly. Without grace or imagination, he was yet aplausi- l)le, versatile man, quick and ingenious, resolute and ready, with a rare faculty for convincing men. He was small and sinewy, with smooth face, bright eye, and broad brow, and his neighbors called him the "Little Giant.'" He could be specious, even fallacious; he employed an ad captandum kind of oratory, which was taking with a crowd and con- fusing to an adversaiy. The man who met hun in these debates was a tall, impressive personage, rough, original, but direct and thoroughly sincere. In many points he was the opposite of Dcniglas. He ^vas rather an ill-ordered growth of the early West, a man who 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- 162 ROBERT TOOMBS. tience and melancholy. As Mr. Stephens said, he regarded slavery " in the light of a religious mysti- cism/' and believed that his mission to beat it down was God-ordained. And }'et he was a statesman, a public man of breadth and prominence, a speaker of force and persuasion. He 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 w\ay, 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 repugnant to a large por- tion of the Southern peojde. 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 THE CAMPAIGN OF 1856. 163 General Assembly over Abraham Lincoln, and Donsrlas was reelected for tlie new term. In this contest he had been opposed by the Bnchanan 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 in- compatible with the Constitution and the laws. Mr. Davis was a skillful debater. His mind was singularly graceful and refined. He was eloquent, logical, and courageous. His career as soldier and statesman, as War 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 him. He had vancpiished Sergeant S. Prentiss in public discussion over the national bank, and contested, ineli by inch, the domination of Henry S. Foote in Mississippi. His career in the Mexican war had been a notable one. Allied to Zachary Taylor by marriage, a West Pointer by training, a Southern planter by occupa- tion, he was a typical defender of slavery as it ex- isted. Davis was as slender and frail as Dou2:las was compact and sinewy. Like 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 1G4 ROBERT TOOMBS. liis influence in providing or withliolding police power ; althougli be denied tlie constitutional right to legislate slavery out of tlie Territories, yet he believed the " popular sovereign " could, by means of " unfriendly legislation," bar 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 Lecompton Constitution passed the Senate in spite of Douglas's steady opposition. Senator Toomljs took no part in the subtleties of the Dou2:las-Da^ds debate. He listened to tlie refinements of that discussion with decided convic- tions of his own, \mt Avith clear appreciation of the fact that every point scored against Douglas was cleaving the Democratic party in twain. Mr. Tooml)S favored the adoption of the Lecompton Constitution, but when it was rejected by the House, he promptly accepted the English compro- mise, to refer the matter back to the people. Mr. Toombs had always been partial to Douglas. In the campaign of 1856 he declared, in Georgia, that " the man Avho condemned Senator Douglas needed Avatchiui^ 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, Mr. Douglas would never have gone off TEE CAMPAI02T OF 1856. 165 on tliis taugrent. AVlien asked if Doiipjlas were really a great man, Senator Toc^nbs, in 1860, an- swered wdtli cliaracteristic heartiness and exagger- ation, " There has been bnt one greater, and he, the Apostle Paul." It was very evident that the 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 Buchanan had been elected, must be recast. The platform had declared that immigi^ants to any part of the public domain were to settle the question of slavery for themselves. The new planlc, which President Buclianan framed, was that the government of a Territory was provisional and temporary, and (hiring its existence, all citizens of the United States had an equal right to settle with their property in i\w. Territory, witliout their rights, eitlier of person or property, being de- stroyed or im|>:tired l)y Congressional or Territo- rial le2:islation. TIu; two last words containcnl tlie gist of the resolution, which was aimed at Senator Douglas. However right as an abstract principle, Mr. Stephens declared that this was a departure from the doctrine of non-intervention. It was at this time that Senator Toombs made one of the most important speeches of his life. This was delivered in Augusta, Ga., September 8, 1859, during an exciting campaign. Governor 166 ROBERT TOOMBS. Brown was a candidate for reelection, and a strong opposition party had developed in Georgia, repre- senting; the extreme Southern sentiment. Senator Toombs said that the opposition to the Kansas 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. " When we condemned and ab- roo^ated Conojressioual intervention against us," CI CI sented himself from the Senaie when Toombs spoke. For the first time in twenty years, Toombs and Stephens took divergent paths. They ^^ere 182 ROBERT TOOMBS. called in Georgia the " Siamese twins." From the election of Harrison to the Democratic split in 1860, they had been personal 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, and parted on the lines of the Charleston divi- sion. The Union element in Georgia ^vas led by Herschel V. Johnson, a man of power and influ- ence. He had been Governor of the State, was a man of learning, profound in thought and can- did in expression. His wife was a niece of Presi- dent Polk. His state papers were models of clear and classical expression. Governor John- son was, however, better fitted for the bench or the Cabinet than for a public leader. Both 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 in the body, composed of 190 delegates. Massachusetts withdrew and Caleb Cushing re- signed the chair. Stephen A. Douglas was nomi- nated for President of the United States. Gov- ernor Fitzpatrich of Alabama declined the vice THE CHARLESTON COIiVENTIOK 183 presidency, and Herscliel V. Johnson of Georgia was chosen for vice president. The seceders im- mediately organized a national convention, Mr. Gushing presiding. It was composed of 210 dele- gates. The majority or anti-Douglas platform of the Gharleston convention was adopted. John G. Breckenridge of Kentucky was nominated for President, and Joseph G. Lane of Oregon for vice president. Mr. Breckenridge was at that time vice president of the United States, and Mr. Lane was a senator. Meanwhile, a Gonstitutional Union party had been formed in Georgia, and had elected delegates to a convention of that party in Balti- more. This body nominated for President and vice president, John Bell of Tennessee and Edward Everett of Massachusetts. Mr. Bell had been United States Senator at the time of the passage of the Kansas-Nebraska bill, in 1854, and had been arraigned by Mr. Toombs for opposing the party policy. lie was one of the thirteen who voted aofainst it in the Senate. The contest in Georo-ia wa2:ed with much vio-or. Robert Toombs supported Breckenridge. He was a delegate to the Democratic State convention which put out a Breckenridge and Lane electoral ticket. He cut out the business of that conven- tion, and declared that the Gonstitution and equal- ity of the States was the only bond of everlasting union. Mr. Stephens headed the Douglas ticket. 184 ROBERT TOOMBS. Senator Dou2;las himself came to Georoia and spoke during tlie campaign. The Bell and Ever- ett ticket was championed by Benjamin H. Hill. The vote in Georgia was : Breckenridge, 51,893 ; Donglas, 11,580; Bell, 42,855. Of these three Georgians, so strikingly arrayed against each other in this critical campaign, Mr. Vincent, a gifted Texan, thus wrote with dramatic power: "Hill, Stephens, Toombs — rail eloquent, all imbued with the same loft}^ patriotism. They differed widely in their methods ; their opinions were irreconcilable, their policies often diametri- cally opposite. Hill ^^as (piick, powerful, but un- persistent ; Stephens, slow, forcible and compromis- ing; Toombs, instantaneous, overwhelming, and unyieldiug. Hill carried the crowd with a whirl- wind of eloquence ; Stephens first convinced, then moved them with accelerating force ; Toombs swept them with a hurricane of thought and mag- netic example. Hill's eloquence was in flights, always rising and finally sublime ; Stephens' was ari^umentative with an elei^ant smoothness, ofteu flowing in sweeping, majestic waves ; Toombs' was an engulfing stream of impetuous force, with the roar of thunder. Hill was receptive, elastic, and full 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- THE CHARLESTON CONVENTION. 185 paign ; Stephens' to manage it ; Toombs' to orig- inate it. In politics as in war, lie sought, with the suddenness of an electric flash, to combat, van- quish, and slay. Hill's eloquence exceeded his judgment ; Stephens' judgment was superior to his oratorical power ; in Toombs these were equi- pollent. Hill considered expediency ; Stephens, policy ; Toombs, principle always ; Hill 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 ; Toombs magnetized them, and they followed him. Their enemies said that Hill was treacherous in politics ; Stephens selfishly ambitious ; and that Toombs loaned like a prince and collected like a Shylock. " In those days Georgia did not put pygmies on pedestals. Hill will be remembered by his ' Notes on the Situation '; Stephens by his'AYar between the States'; Toombs had no circumstantial su- periority. He is immortal, as the people are eternal." CHAPTER XVII. TOOMBS AS A LEGISLATOE. Georgia had taken a leadiner hand in the mo- mentous events. Alexander H. Stephens had been prominently mentioned for President ; so had Howell Cobb. When Senator Toombs had attacked the doctrine of Mr. Douglas, the follow- ers of the latter charged that Mr. Toombs had de- serted liis old ally, and was himself making a bid for the presidency. Especially was this the case, they urged, as Mr. Toombs had recommended the seceding delegates to go back to the Balti- more convention, and endeavor to effect an hon- orable adjustment. The Augusta Ohronide and Sentinel, a leading Union organ, took np the charge and asked : " "What of it ? Pie is cer- tainly as much entitled to it as any citizen in the repuljlic. AVere he elected, he would be such a President as 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. We doubt if there is a man that could arouse such a furor in his be- half, North or South, as Robert Toombs." 186 TOOMBS AS A LEGISLATOR. 18*7 Close friends of Mr. Toombs at tliat time be- lieved lie was not witlit>ut liis ambition to occupy the Executive chair. Never an office-seeker, he had gone easily to the front rank of national poli- tics and had won his honors in Georgia in a kingly way. He realized, however, that he was not po- litic enough to gain support from Northern States. His convictions were overmastering pas- sions ; his speech was fervid and fearless ; 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 accusing 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. He 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 only to look over the debates in Congress to see how active and conscientious were his efforts to pro- mote every real interest of the Union. In the United States Senate, on July 31, 1854^ 188 ROBERT TOOMBS. Mr. Toombs gave an elaborate exposition of Lis views upon the policy of internal improvements. He said lie had maintained opposition to this sys- tem as a fundamental j)i'inciple. 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 on a general system of internal improvements. He Avanted to know where 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, " you have spent nine months in endeavoring to squander and arranging to have more to squander in the next Congress. I should like to use a polite term," said he, " for I am a good-natured man, but I think it is corruj)tion. "In this bill you offer me seventy thousand dollars for the Savannah river. Ships were sunk in that river for the common defense of the country during the Revolutionary War. 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 giver. You ought to have removed these obstructions long ago. When we come and ask of you this act of justice, you tell me to go with you into TOOMBS AS A LEGISLATOR. 189 yonr iuternal improvement bill and take pot-luck Avith you." Mr. Toombs claimed tliat the power given to Congress to regulate commerce, simply meant to prescribe tke rules by wliicli commerce could be carried on, and nothing else. "The people of Maryland," he said, " had never asked that the harbor of Baltimore should be cleaned at the ex- pense of the people of Georgia. They did not ask that other people should pay their burdens. They came here and asked the privilege of taxing their own commerce for their own beueiit, and we g]"anted it. I hold it to be a fundamental prin- ciple in all governments, and especially in all free governments, that you 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 levy tonnage duties for their own rivers and ports and put up their ow^n 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 190 ROBERT TOOMBS. and your already gigantic wealtli. Senators, it is unjust." Durino^ tlie session of Con2:ress of 1856-57, Senator Toombs again arraigned tlie whole system of internal improvements. He carefully differ- entiated between building a lightliouse and clear- ing out a harbor by the Federal Government. He said in course of the debate: "Where lifrhthouses are necessary for the protection of your nav}^, I 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 England and France, for the benefit they receive. I would make the shipowners, the common car- riers of this country, who are 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 a million and give it to nineteen millions, you do not create national wealth by transferring it from the pockets of TOOMBS AS A LEGISLATOR. 191 honest industry to otlier people's pockets. Tills is my principle. It is immovable. The more commerce there is on the Mississippi the more they are able and competent to pay the expenses of transporting it, and I only ask that they shall do it." Mr. Toombs sustained the veto of President Pierce of the Mississippi River bill. In July, 1856, he said that he had for eleven years maintained the vetoes of Mr, Polk. " 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 under the money power of the nation is greater and greater. The elanger 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. AVe 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 192 ROBERT TOOMBS. to fall under his criticism was a sclieme to build a road to liis own town. He was by nature pro- gressive. He cliampioned the cause of the State railroad of Georgia. In general terms he believed that the States and the people should carry out works of internal improvement. It is said that the first ofiace ever held by Mr. Toombs w^as that of commissioner of the town of Washington, Ga. The election hinged upon a question of public im- provement, the question being " ditch or no ditch " ; Toombs was elected commissioner, and the ditch was dug. He was nothing of a demagogue. He did not attempt to belittle the public service. He cham- pioned the provision for higher pay for the United States Judges, and for increasing the stipend of army ofiicers, although he denounced the system of double I'ations 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, 1856, while speak- ing on the subject of claims, he said: "In 1828, \\'hen half a century had passed over the heads of the men wdio fought your battles, when their generation w^as gone, when Tories and jobbers could not be distinguished from the really meritorious, the agents came here and attemj^ted to intimidate public men." He alluded to pen- sion agents as men ^vho prowd about and make TOOMBS AS A LEGISLATOR. 193 fortunes by peddling in tlie pretended patriotism and sufferiuos of tlieir fathers. " It is," said Le, " a poor pretext for an honor- able man to come and tell the government, ' My ancestor fonglit for Lis own and tbe public lib- erty ; lie did not choose to be a slave to a foreign despotism ; but with manliness, and honor, and patriotism, he 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.' I tell you, Mr. President, it is not good money; it is bad money; it is dishonor- able to the memory of those who fought your battles." In February, 1857, 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 Electoral College. If counted, it gave Fremont 114 votes; if omitted, Fremont would have 109. In the debate which followed, Senator Toombs discussed very closely a point which 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 ROBERT TOOMBS. It is a liigli 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 President of the Senate can only announce those to be votes wliicli are thus decided by competent authority, and any attempt of the presiding officer to declare what votes lie may deem to be legal, or to decide wliicli are tlie votes, no matter whether it affects the result or not, or even to say that tlie question shall not be decided, however higLly I respect the chair, I submit is not a power given to the presiding officer by the Constitution and tlie laws." In 1850 Senator Toombs found it necessary to oppose an appropriation for an experiment with the Atlantic cable. He Avas 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 wlio were supporting it, that tliere was no power in the Federal Constitution for sucli an appropriation. Because the government establishes post roads, it could not be inferred that the government had the powder to aid in transaiitting 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 in the de- bate upon the Kansas bill, that in hunting for power and authority he knew but one place to go TOOMBS AS A LEGISLATOR. 195 — to tlie Constitutiou. When lie did not find it tliere, lie could not find it auvwliere. Senator Toombs favored the purchase of Cuba, because he considered it advantageous to the re- public. "I will accept Canada as readily, if it can be honestly and fairly done," he said. " I ^vill accept Central America and such part of Mexico as, in my judgment, would be advantageous to the i-epublic." 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 foreio:n nations, with our internal questions ; and I ^vill not manacle my countiy, I will n(^t 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." lie 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 Ave shall have one more slave State in the Union. I know that the senator from New York (Mr. 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. 196 ROBERT TOOMBS. If I did, I liave shown by my votes that I have not feared them. AVhenever an}^ State, Minnesota or Oregon, or any other, came, no matter from where, if she came on principles which were snffi- cient in my judgment to justify her admission into this great family of nations, I never refused her the right hand of fellow^ship. I did not inquire whether you had seventeen or eighteen free States. If you had hfty, it would not alter my vote. The idea of g-^ittinii: one slave State would have no 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 7nare cJausum. Probably younger men than you or I will live to see the day when no flag 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 foi' 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 European powers." Mr. Toombs believed that much bad legislation resultel from trustino; too much to committees. He rarely failed to (question such reports, and never voted unless he thoroughly understood the subject. He thought this w^hole machinery was a means of '^ transferring the legislation of the coun- try from those into whose hands the Constitution TOOMBS AS A LEGISLATOR. 197 liad placed it to irresponsiljle parties." He said it was a common newspaper idea tliat Congress was wasting time in debating details. His opinion was tliat nine-tenths of the time the best thing to be done in public legislation was to do nothing. He thought Congress was breaking down the government by its own weight in " pensioning all the vagrants brought here. All that a man has to do is to make affidavit and get a pension." In 1859 he refused to vote to appropriate $500,000 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 he voted to abolish the mint at Dahlonega, in his o^vn 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. He 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 reojulate wao^es." 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 ROBERT TOOMBS. that this government should carry my letters than that it should carry my cotton." He claimed that he had some old-fashioned ideas, but they were innate. " I do not think it right, before God, for me to make another man pay my expenses." In discussing the financial report, he said, " You have as much time to appropriate money intelli- gently as you have to give it lavishly. AYhile there is a general cry for retrenchment, when any practical movement is made, the answer always is that this is not the right time or the right place. I am afraid we shall never find the right time, or the right place, until the popular revolution be- comes strono; enouo;h to send here men who will do the public business better than we have done it." CHAPTER XVIIL ELECTION OF LIXCOLX. In the election of November, 1860, Mr. Lincoln received 1,857,610 votes, and the combined opposi- tion 2,787,780 votes, tlie successful candidate being in a minority of nearly a million votes. The new House of Representatives was Democratic, and the Senate had 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 Mr. Stephens : " You think slavery is rio-ht and oug-ht to be ex- tended, while we think it is wrong and ought to be restricted. There, I suppose, is the rub." Mr. Buchanan'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, wliose 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 Danbmg, AVilkes County, Ga. It bore date of December 199 200 ROBERT TOOMBS. 13, 1860. Tlie General Assembly of Georgia liad unanimously passed a resolution calling for a State convention to meet on January 16, 1861. Mr. Toombs took tlie ground tkat separation, sooner or later, was inevitable. The time wlien the remedy was to be applied was the point of difference. He opposed delay longer than March 4, but declared that he would certainly yield that point "to earnest and honest men ^vho are with me in prin- ciple but are more hopeful 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 that 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 in 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 Republican party votes for the amendments, we may postpone final action. This ^vill he putting x)lanks where they are good for something. A cartload of new planks in the party platform will not redress one wrong nor protect one right." ELECTION OF LINCOLN. 201 As strong and unmistalvable as this letter seemed, the ,:rrreat body of the people of Georgia did not think it sufficiently aggressive. Secession now amounted to a furor. It was not the work of leaders, but 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 backdo^vn. They called him a traitor, and wanted to vote him a tin sword. Congress, npon 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 Senate a com- mittee of thirteen, to look into the situation. But tliere was no Henry Clay to intei-pose, with tact and Ijroad statesmanship, at the supreme moment. Twice before in our history, the " Great Pacifi- cator " had proven equal to a desperate emergency. Adjusting the tariff in 1832 when South Carolina threatened nullification, he had kept the peace be- tween Calhoun and Jackson. Proposing liis om- nibus bill ill 1850, he had silenced all calls for disunion by the territorial concession. E(pially lacking was the example of Webster to face the })rejudlces of the North and calm the apprehen- sions of the South. Perhaps it was because these men had postponed the conflict then tliat it reap- peared now with irrepressible power. 202 ROBERT TOOMBS. The House Committee reported propositions to amend the Fugitive-slave laws, and accepted Mr. Tooml^s' demand that a law should be enacted by ^vhich all offenses against slave propei'ty, by per- sons fleeing to other States, should be tried where the offense was committed. Mr. Toombs was a member of the committee of thirteen in the Senate. The five 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 mth 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 of the committee of thirty-three. In the Senate a resolution was adopted declaring that the provisions of the Con- stitution w^ere already ample for the preservation of the Union ; that it needed to be obeyed rather than amended. This, upon a test vote of twenty- five to twenty-three, ^vas substituted for the Crit- tenden 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 North. They sat still and waited to see whether those senators of- fered any guarantees. The twenty-five votes showed that the Republicans were not in a con- ciliatory mood. This, in the opinion of Senator Toombs, 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 about that result. He saw that if the Southern States must secede, the quicker they did so the better. If the North cared to recall them, a dgorous policy would react more promptly upon the Republi- cans. He did not go into this movement with forebodins: or half-heartedness. 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 2 2d of December he sent his famous telegram to his "fellow-citizens of Georgia." He 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 amuse the South Avith delusive hope, "until 204 ROBERT TOOMBS. your election, iu order tliat you may defeat the friends of secession. If you are deceived by tliem it sliall not be my fault. I have put the test fairly and frankly. It has been decided against you, and now I tell you upon the faith of a true man, that all further looking to the North 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 be thundered forth from the ballot-box by the united voice of Greorgia. Such a voice ^vill be your best guaranty for liberty, security, tranquillity, and glory." CHAPTER XIX. FAREWELL TO THE SENATE. Ox tlie Ttli of Jauuary, 1861, Robert Toombs delivered his farewell speech to the United States Senate. It received profound attention. It was full of brief sentences and bristling points. In epigrammatic po^ver, it was the strongest summary of the demands of the South. As Mr. Blaine said, it was the only speech made by a congressman from the seceding States which s[)ecified the grievances of the South and which named the conditions upon which the States would stay in the Union. Other Senators regarded secession as a fixed fact. ^Ir. 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 recoo-nized leader, his earnestness and deliberation revealed a man whose hand did not hesitate to lead a revolt and whose heart did not fail in the face of a certain revolution. He acted up 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. " Sena- tors," said Ml'. Toondis, " my countrymen have 305 206 ROBERT TOOMBS. demanded no new government. They have de- manded no new Constitution. The discontented States have demanded nothing but clear, distinct, constitutional riii-hts, rio-hts older than the Consti- tution. What do these rebels demand? First, that the people of the United States shall have an equal right to emigrate and settle in the Terri- tories with 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 sLiats shall be surrendered. Fif til, that Congress shall pass laws for the pun- ishment of all persons who shall aid and abet inva- sion and insurrection in any other State." He said : " We demand these five propositions. Are they not right ? Are they not just ? AYe Avill pause and consider them; but, mark me, we will not let you decide the questions for us. I have little care to dispute remedies ^vith you unless you propose to redress our ^vrongs. " Bat no matter what may be our grievances, the honorable senator from Kentucky (Mr. Crit- tenden) says we cannot secede. AVell, what can we do ? We cannot revolutionize. He ^vill say FAREWELL TO TUE SEXATE. 207 that is treason. AVliat can we do ? Submit ? They say they are the strongest and they will hang ns. Very well ! I suppose we are to be thankful for that boon. We will take that risk. We will stand by the right; we will take the Constitution ; ^ve ^vill defend it with the sword, with the halter around our necks. Will 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, AVhat, then, am I to do? Am I 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 coming 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 po\ver, and the Constitution denies to us, in the Union, the right to raise fleets and armies for our own defense. All these charges I have proven by the record; and I put them before the civilized world and demand the judgment of to-day, of to- 208 ROBERT TOOMBS. morrow, of distant ages, and of Heaven itself upon tlie justice of tliese causes. I am content, what- ever it be, to peril all in so holy a cause. We, have appealed, time and again, for these constitu- tional rights. You have refused them. We ap- peal again. Restore us those rights as we had them; as your Court adjudges them to be; just as our people have said they are. Redress 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 ? AVe shall then ask you, ^Let us depart in peace.' Refuse that, and you present us war. A¥e accept it, and, inscribing upon our bannei-s the glorious words, ' Liberty and Equality,' we ^^ ill 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 AVashiugton, holding his i-auk among the first men in the country. He 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 huv in the Senate ; his influence had been prepon- derating. CHAPTER XX. TOOMBS AND SECESSION". On tlie l(3tli of January, tlie State Sovereignty convention met in Milledgeville, Ga. The elec- tion had taken place shortly after the delivery of Senator Toombs' farewell address, and Georgia had ans^vered 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. Crawford, who had lived in retirement since the death of President Taylor in 1850, and who was called on to lend his prestige and influence in favor of the rights of his State. The convention w^ent into secret session, and when the doors were opened, Hon. Engenius A. Nis- bet of Bibb offered a resolution, "That in the o]>inion of this convention, it is the right and duty of Georgia to secede from the Union." 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 209 210 ROBERT TOOMBS. State of Georgia, iu conveutiou assembled, repealed tlie ordinance of 1788, whereby tlie Constitution of the United States was ratified and adopted. The Union was declared dissolved, so far as the State of Georgia was concerned, and the State to be in full })OSsession of all those rights of sover- eignty that l^elonged to a free and independent State. On tlie passage of this ordinance, the yeas were 208, and the noes, 89. Messrs. Toombs and Hill " yes," and Mr. Stephens ''' no." At 2.15 p. m. on the 19th of January, a signal gun was fired, and the " Stars and Stripes " lowered from the State Capitol. One moment later, the ^vhite colonial flag of Georgia fluttered to the Avinds, and the State was in uproar. The ne\vs flashed to the utmost corners of the commonwealth. Guns were fired, bells rung, and men were beside themselves. The night only intensified this carnival 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 the result of such "an act. The old Union sentiment was, perhaps, ; stronger in Georgia than in any other Southern / State. Georgia was the }'oungest of the thirteen States, the last of the commonwealth to come into the national compact. Her charter from the Crown TOOMBS AND SECESSION. 211 had originally barred slavery from her limits, but the success of the institution in Carolina, the prog- ress of other States in subduing land and in cul- tivating: indicfo and tobacco in the Southern sa- vannas, rendered white labor unavailable, and left Georgia a laggard in the ^vork 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 : " 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 w^hen they say that there -are thousands and tens of tliousands of people in Georgia ^vdlo 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 rights, the honor and glory of the com- monwealth. They say, and w^ell say, this is our question : we want no negro equality ; no negro citizenship ; we want no mongrel race to degrade 212 ROBERT TOOMBS. our own, and, as one man, tliey would meet yuu upon tlie ])order witli tlie sword in one hand and the torch in the other. They will tell you, ' When Ave choose to abolish this thing (slavery), it must be done under our direction, according to our will. Our own, our native land shall determine this question, and not the Abolitionists of the North.' Tliat is the spirit of our freemen,'" The spirit of the people was plainly manifested by the zeal and ardor of Thomas li. R. Cobb. He was a young man a\'1io Avent into the secession movement with lofty enthusiasm. He had all the ardor and reliofious fervor of a crusader. He had never held puljlic office, and had taken no hand in politics until the time came for Georgia to secede. He was tlie younger brother of Ho\vell Cobb. He declared that Avhat Mr. Ste})liens 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 \\\i\\ this fervor, which they felt to be patriotic. Gray- bearded men vied with the hot blood of youth, and a venerable citizen of Augusta, illuminating his residence from dome to cellar, blazoned with candles this device upon his gateway — "Georgia, riajht or wrono; — Geororia ! " Never was a move- ment so general, so spontaneous. Those who charged the leaders of that day with precipitating their States into revolution upon a wild dream of TOOMBS AND SECESSlOK ^1^ power, did not know tlie spirit and tlie temper of the peoi:>le who composed that movement. Northern men who had moved South and engaged in business, as a oreneral thinoj, stood shoulder to shoulder with their Southern brethren, and went out with the companies that first responded to the call to war. The South sacrificed much, in a material point of view, in going into civil conflict. In the 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 hundi'ed 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. In 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 in- vaded. Georf^ia was the fifth State to secede. South Carolina, Mississippi, iVlabama, and Florida had preceded her. Of the six States which formed tlie 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 God and 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 Piime Minister of the young Republic. He offered a resolution providing 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 "svas 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, in 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 and invasion. When the time came for the election of dele- gates to the Provisional Congress at Montgomery, TOOMBS AND SECESSION. 215 Robert Toombs was unanimously selected as tlie first deputy from the State at large. His col- league, Howell Cobb, was chosen on the third ballot. The district selected Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, B. H. Hill, A. R. Wright, Thomas R. R. Cobb, A. H. Kennan, and A. H. Stephens. The address to the people of Georgia adopted 1)y this convention, ^v\as written by Mr. Toombs. It recited that " our people are still attached to the Union from habit, national tradition, and aversion to chano:e." The address alliuled to our "Northern Confederates" and declared that the issue had been " deliberately forced by the North and deliberately 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 l)een willing to stand ])y 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 our j»i-operty, put it under a ban, and would subject us, not only to a loss of our property, but to destruction of our homes and firesides. It concludes: "To avoid these evils, we ^vithdraw the powers that our fathers delegated to the government of tlie United States, and henceforth seek new safeguards for our liberty, security, and tranquillity." 216 ROBERT T003IBS. On tlie 4tli of February, 1861, forty -two dele- gates met at Montgomery, Ala. Tlie States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South Carolina were represented. Howell Cobb of Georgia was chosen President of the Provisional Congress. Mr. Stephens said it was the most intellectual body of men he had ever seen. One of the first duties of this convention -was to elect a President and vice president of the new Confedei-acy. All eyes were turned to Robert Toombs. It was by common consent ao;reed 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. Bold, imperious, and brainy, he had frnided the revolution without haste or heat, and his conservative course in the Georgia convention had silenced those critics who had called him 'Hhe genius of the revolution," but denied to him the constructive power to build upon the ruins he had made. He 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, Avas not on good terms with Toombs. Toomljs declared that Alexander Stephens was a patriot notwithstanding his views asainst secession. He had secured the I'ecom mit- er) TOOMBS AND SECESSION. 217 ment of a claugerons resolntiou upon slavery wliicli, lie declared, would injure the South by the an- nouncement of an ultra policy. He had written a very conservative letter to Senator Crittenden. He had been a prominent Secessionist, and had contemplated the movement as unavoidable when men were talking with bated breath. But 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 on Jett'erson Davis. AVhen 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 INIr. Davis. Mr. Toombs was 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 liad been selected by that State as the commander-in-chief of the military forces and him- self preferred a military station. He Avas not in 218 ROBERT TOOMBS. Moutgomeiy when liis nomination was confirmed. A messenger liad 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 INlr. Toomljs. Toombs had summarily left the Whig party in 1850, to join the great Constitutional Union movement. Jeiferson Davis had always been a States' Rights Democrat, and had been defeated for Governor of Mississippi by the Constitutional Union party. Thus it ^vould seem that, at the eleventh hour, party lines were drawn 'against Kobei't Toombs, and his boast that he had saved the Union in 1850 probably cost him the presidency of the new republic. Thei'e was a story, credited in some quarters, that Mr. Toombs' convivial conduct at a dinner party in Moutgomery estranged from him some of the more conservative delegates, who did not realize that a man like Toombs had versatile and reserved powers, and that Tooml)s at tbe ban quet board was another sort orf a man from Tooml)s in a deliberative body. At all events, the recognized leader of the Con- federacy was set aside, and Avith rare unanimity the election of officers was accepted ^vith unselfish patriotism. TOOMBS AND SECESSION. 219 At that time a curious aud remarkable incident in the life of Mr. Toombs was related. AVithin thirty days he had performed journeys to the ex- tent of fifteen hundred miles, largely by private conveyance, and during that brief period he served under four distinct governments : as senator in the Congress of the United States, as delegate from his native county (Willces) to the convention of the sovereign republic of Georgia, as deputy from his State to the Congress of seceding States, which instituted a Provisional Government, and finally in the permanent government which he aided in framino: for the Confederate States of America. In the perfection of a permanent government and the new-molding of a Constitution, Mr. Toombs was now diligently engaged. The })rincipal changes brought a])out l)y him may be brieily recalled. It was specified, in order to cut off lo])l)y agents, that Congress siiould grant no extra compensation to any contractor after the service was rendered. Tliis item originated Avith Mr. Toombs, who had noted tlie abuses in the Federal Government. Congress was authorized to grant to tlie 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 was an old idea of Mr. Toombs, and during 220 ROBERT TOOMBS. Ills visit abroad, he liad attended sessions of the Brit- isli Parliament in company with Mr. Buchanan, then Minister to England. He 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 our system if the Ca])inet officers should be on the floor of both Houses, and should participate in the debate ; I have no doubt that w^e should thus get rid of one of the greatest difficul- ties in our Constitution." Mr. Toombs also incorporated into the organic law a prohil:)ition 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 w^as adjusted npon the Toombs principle of taxing the interest for which the burden was le\ded. Mr. Toombs was made chair- man of the Finance Committee of the Provisional Congress. This appointment was received witli general satisfaction. His long legislative expe- rience, his genius for finance, and his executive power, fitted him for this position. To provide ways and means for the new nation which was, as yet, w^ithout 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. 221 before she could sue for iudependence or foreign recofnitiou. It was for tliese admitted qualities of Mr. Toomljs for details aud managemeut, that President Davis preferred liim to take the position of Secretary of the Treasury. Next to the presi- dency this was his real place, but it was suggested that 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. Toombs in Augusta. He at first declined, but being urged by Mr. Stephens, finally consented to serve. The Cabinet was then made up as follows. Eobert Toombs of Georgia, Secretary of State; C. G. Memminger of South Carolina, Secretary of the Treasury ; L. P. Walker of Alabama, Secretary of War ; J. H. Reagan of Texas, Postmaster-General; J. P. Benjamin of Louisiana, Attorney-General ; S. B. Mallory of Florida, Secretary of the Navy. CHAPTER XXL TOOMBS AS PKEMIER OF THE CONFEDERACY. One of the first acts of the new Confederate Government was to send tliree commissioners to Wasliington. Jolm Fors3^tli of Alabama, Martin J, Crawford of Georgia, and A. B. Roman of Loui- siana, were intrusted by tlie 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 Mi'. Crawford, whom he had especially persuaded to take this delicate mission, that he should pertinaciously demand the evacuation of Fort Sumter 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 I'eply at that time. Mr. Seward was represented as strongly disposed in favor of peace, aiul the Confederate Government 333 PREMIER OF THE CONFEDERACY. 223 was senii-officially iuforiiied that Fort Sumter would probably be evacuated in a sliort time, and all immediate dano;er of contlict avoided. There is no dou])t that such were Mr. Seward s intentions. He had cordially agreed with Gen- eral Winfield Scott that the possession of Fort Sumter amounted to little in a strategical way, and that the peacedoviug people, ISTorth and South, should not be driven into the war j^arty 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 live to two, favored the abandonment of Sum- ter. The commissioners were apprised of this feeling, and in a dispatch to Secretary Toombs, on the 20tli of March, declared that there Avas no change in the status. " If there is any faith in man," they Avrote, " we may rely 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, preci[)itation is war." On the 26th of March the commissioners, hav- ing heard nothiug 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 then ask for instructions. He gave them the views of President Davis, ^v]lo believed that the counsels of Mr. Seward Avould prevail in Washington. 224 ROBERT TOOMBS. " So loDiT as the Uuited States neither declares war uor establishes peace, it affords the Confeder- ate States the advantage of both positions, and en- ables them to make all necessary arrangements for public defense and the solidification of government more safely, cheaply, and ex]_)editiously than if the attitude of the Uuited States was more definite and decided." Meanwhile new pressure was brought to bear on President Lincoln. On the 2d of April, the commissioners, who kept up ju-etty 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 Sumter. " 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 Domingo," they said, " may be a mere ruse." " Have no confidence in this administration. We say, be ever on your guard Glad to hear you are ready. The notice promised us may come at the last moment, if the fleet be intended for our waters." On tlie 6th of April Governor Pickens of South Carolina ^vas informed that the President had de- cided to supply Fort Sumter with provisions, and on the 10th, Hon. Levi P. AValker, Secretary of PREMIER OF THE CONFEDERAGT. 225 War at Montgomery, notified General Beanregard, then in command of the Confederate forces at Charleston, to demand the evacuation of Fort Sumtei', and, if refused, to proceed to reduce it. There is no douT:>t that the Lincoln Cabinet re- versed its position about Sumter. The pressure of New England and the AYest became too strong. What Sumter lacked in military importance, it made up in political significance. The Lincoln Government had already been taunted with weak- ness by the people who had placed it in ofiice. Mr. Lincoln decided, against the better judgment of Mr. Seward, to make the issue in Charleston Harbor. Seward's mind \vas of finer and more reflective cast than Mr. Lincoln's. lie had all the points of a diplomatist, ingenuity, subtlety, adroitness. He was temporizing over the natural antipathy of the North to war and tlie probable transient nature of the secession feeling in the South. At that very moment he was assurino; Ensfhxnd and France that " the conservative element in the South, which was kept under the surface by the violent pressure of secession, will emerge with irresistible force." He believed " that the evils and hardships produced by secession would become intolerably grievous to the Southern States." Mr. Lincoln was not temporizing at all. He was lookinii: the crisis in the face. AVhat he wanted 226 ROBERT TOOMBS. was support at the North, not at the South. He was willino; to force the iio-litius: at Sumter, know- ing that the mere act of the Confederates in firing upon the flag woukf bring to his aid a united North. Secretary Toombs ^vas one 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, and gave his counsel in the Davis Cabinet against the immediate assault upon Sumter. There was a secret session of the Cabinet in Montgomery. Toombs w^as 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 ^vill 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. PREMIER OF THE CONFEDERACY. 227 No event in American history ^YVi^ more portent- ous tlian tlie first gun fired from Fort Johnson at 1.30 o'clock in the morning of April 12, 1861. As the shell wound its graceful curve into the air and fell into the water at the base of Sumter, the Civil War was an accomplished fact. Major Anderson replied with his barbette guns from the fort. He had but little more than 100 men, and early in the engagement was forced to rely entii'ely upon his casemate ordinance. The Confederate forces num- bered about five thousand, with thirty guns and seventeen mortars, and served their guns from the batteries on Mount Pleasant, Cummings 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 I'amparts 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 228 ROBERT TOOMBS. war, Oo tlie morning of the second clay the quarters in the fort caught fire and the whole place, was wrapped in flames and smoke, but Major Anderson's men won the admiration of their enemies by standing by their guns and returning the fire at regular intervals. The battle lasted thirty-two hours ; more than fifty tous of cannon- balls 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 13. The London Ti7nes treated this remarkable event in humorous style. The proceedings at Charleston were likened to a cricket match or a regatta in Eno-land. The ladies turned out to view the contest, A good shot from Fort Sumter was as nuich applauded as a good shot from Fort Moultrie. When the American flag was shot away, General Beauregard sent Major Anderson another to fight under. When the fort ^vas 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 PREMIER OF THE CONFEDERACY. 229 act of treachery toward tlieir favorite enemy, Major Anderson. "Altogether," says the Times, "nothino' can be more free from the furious hatreds, which are distinctive of civil warfare, than this bloodless conflict has been." Another London paper remarked " No one was hurt. And so ended the first, and, we trust, the last engage- ment of the American Civil War." Mr. Toombs' prediction, that the attack upon Fort Sumter would " open a hornet's nest " in the North, was sustained. The effect of the assault at that time and the lowerins; of the national flas^ to the forces of the Confederacy acted, as Mr. Blaine 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 War. 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 jMr. A. P. Rost 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 230 ROBERT TOOMBS. declared that privateers with letters of marque from the Southern Confederacy should be treated as pirates. This gave Secretary Toombs a strong 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 France and England Avere 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 concert 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 null and void, and they would not submit to measures on the high seas pm^suant to such a decree." Mr Seward bitterly complained that Great Britain "did not sympathize with this government." The British Minister accordingly charged the British Consul at Charleston w4th the task of obtaining from the Confederate Government securities concerning the PREMIER OF TEE COXFEDERACY. 231 proper treatment of neutrals. He asked tlie ac- cession of the Lincoln government and of the Davis 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 cover's enemy's goods, wath the exception of contraband of war ; that neutral 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 condi- ditions, except the first, were accepted by the Con- federate Government. The Southern Confederacy thus became parties, as Mr. Blaine says, to " an international compact " ; and when, a few months later, Mr. Seward 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 upon American shipping. The Confederate States had no i-egular na\y, and but few vessels; they were an agricultural community, not a commercial or a ship-building people. Quite a number of vessels w^ere put in 232 ROBERT TOOMBS. commission under letters of marque, and fhese reached the liigli 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 North. A Southern agent was sent abroad by the naval department to get ships and supplies. "In three years' time," says Mr. Blaine, " fifteen millions of propei'ty 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 commercial 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 iDrought into Southern ports, adjourned to meet on the 20th of July in the City of Kichmond, now selected as the permanent seat of Government of the Confederacy. The powers of Europe never recognized the Confederate States as a separate nation. The leaders of the English Government were, no doubt, inclined to this step, but the rank and file of the Liberal party, under the leadership of John PREMIER OF THE CONFEDERACY. 233 Brioflit, refused to sanction sucli a course toward a government wliose corner stone was slavery. Mr. Seward ingeniously pressed tlie point that Southern success meant a slave oligarcliy around the Gulf of Mexico. Eussia remained the strong ally of the Northern States. England, with the Crimean War fresh upon her hands, hesitated before engaging Kussia again or imperiling India in tlie East. 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. Louis Napoleon was filled ^vith 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 eno-ao'ed with the House of Hohenzollern in Ger- many to follow any ne\v or original policy in America. Carlyle declared with dyspeptic acrimony that the Civil AVar was the foulest chimney of the cen- tury, and should be allowed to burn out. Secretary Toombs had issued credentials to com- missioners to the unseceded Southern States. On the 17th of April Virginia seceded; on the 28th of May North Carolina went out of the Union ; these were followed by Tennessee and Arkansas. The border States of Kentucky and Missouri did not formally secede, but indignantly declined to 234 ROBERT TOOMBS. furnish troops iu response to Mr. Lincoln's procla- mation. They appointed delegates to a Peace Congress to meet in AVashington. The tedious routine of the State Department did not suit the restless spirit of Robert Toombs. He had established relations abroad as belliger- ents, and had placed the new government in touch with its Southern neighbors. His dis- patches 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 char2:ed the new administration with too much caution and timidity. He declared that ninety per cent, of war was business, and tbat the South must organize victory rather than trust entirel}^ to fighting. He urged the government to send over cotton to England and buy arms and ships forthwith. " Joe Brown," he impatiently declared, "had more guns than the whole Con- federacy. No new government," said he, " ever started with such unlimited credit." Mr. Toombs believed that the financial part of the Confeder- acy was a failure. " We could have ^vhipped 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 ecoins:." Mr. Toombs said that had he been President of the Confederacy, he would have PREMIER OF THE CONFEDERACY. • 235 mortgaged every pound of cotton to France and England at a price that would have remunerated the planters, and in consideration of which he would have secured the aid of the armies and navies of both countries. But Kobert 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 a commission as brigadier general, and on the 21st of July, 1861, joined Generals Beauregard and Johnston at Manassas. CHAPTER XXII. BEIGADIER GENERAL IN AE:MY OF NORTHERN VIRGINIA. When Robert Toombs resigned tlie Cabinet and took the field, lie still held tlie seat, as was liis 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. By this measure, invitations were given for contributions of cotton and other croj^s in the way of a loan. By the terms of the act these articles were to be sold and the proceeds turned over to the Secretary of the Treasury, who was to issue eight per cent, bonds for them. This was an extraordinary measure, and never really amounted to much. Colonel A. R. Lamar, at one time Secretary of the Provisional Cono-ress, relates that durins; this debate General Toombs walked into the hall. " He Avas faultlessly attired in a black suit with a military cloak thrown over one shoulder and a military hat in his left hand. He made a rattling speech against the measure. Drawing himself up, he said: "Mr. Speaker, we have been told that Cotton is King, that he will find his way to the vaults of the 236 IN ARMY OF NORTHERN VIRGINIA. 237 bankers of the Old World ; that he can march up to the thrones of mighty potentates, and drag from the arsenals of armed nations the dogs of Avar ; that he can open our closed ports, and fly our young flag upon all the seas. And yet, before the first autumnal frost has blighted a leaf upon his coronet, he comes to this hall a trembling mendicant, and says, ' Give me drink, Titinius, or I perish.' " The effect was magical ; Colonel Lamar, in commenting upon this dramatic incident, sums up the whole character of Robert Toombs : "He was cautious and safe in counsel, while wild and exasperating in speech." When Mr. Toombs was once asked by an Eng- lishman, where were the files of the State Depart- ment, he answered that " He carried the archives in his hat." When he resigned the position of Secre- tary of State, Hon. liobert M. T. Hunter of Virginia was appointed in his stead. General AVilliam ,M. Browne had been Assistant Secretary under Mr. Toombs. He Avas an Englishman, who came to this country during Buchanan's administra- tion and edited a Democratic paper in AYashing- ton. When General Toombs joined the Army his staff was made up as follows ; D. M. Dubose, Ad- jutant General ; R. J. Moses, Commissary General ; AY. F. Alexander, Quartermaster Major; DeBosset Lamar, Aid-de-camp. General Toombs' entry into the field, just after 238 ROBERT TOOMBS. tlie first battle of Manassas, found the army of tlie Confederacy flushed with victory, but badly scattered after the first serious en2:ao;ement of the war. General Johnston had declared that 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 the war was over, had actually gone home. " Our men," said General Johnston, " had in a larger degree the instincts of personal liberty than those of the North, and it was found 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 Lincoln Cabinet was seized with fear for the safety of AVashingtou. New^ troops were summoned to that city, and the materials for a magnificent army w^ere placed in the hands of General McClellan, who had suc- ceeded McDowell, the luckless victim of Manassas. More than one hundred thousand men were now massed in front of AVashington, while Joseph E. Johnston, with fifty-four thousand, advanced his outposts to Centreville, and at Munson's Hill Toombs' brio;ade was in siorht of the national capital. His troops could easily watch the work- men building one of the wings of the Capitol, and the victorious Confederates, ^vith prestige in their IN AEMY OF NORTHERN VIRGINIA. 239 ranks, were actually flaunting tlieir flag in the face of Mr. Lincoln. This movement, we are told by good generals, was of no military value, but it kept the Northern administration in a white heat. It confused the Union commanders by crossing their counsels with popular clamor and political pressure, and it crippled McClellan when he finally moved down the Chesapeake to the peninsula, by detaining a large part of his force to pacify the authorities in AVashiuo;ton. When McClellan and Mr. Lincoln were disput- ing over their change of base, the military situa- tion was suddenly shifted by the evacuation of Manassas by the Confederate army, and its retire- ment first behind the Rappahannock, then along the Kapidan. Johnston, it seems, wanted to be nearer his base, and on the 8th of March skillfully managed his withdrawal, so that the enemy had no idea of his movements. Greneral Toombs' brigade started in retreat from Centreville. He did not relish this movement. He Avrites home from CulpepJ^er : This has been a sad and destructive business. We were ordered to send off all our heavy baggage, but so badly did they manage that none of it was sent back, and every particle of that baggage, 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 were in the same con- dition. Millions of stores Avith cuns and ammunition were 240 ROBERT TOOMBS. destroyed. Never was any business worse managed. The enemy liad no more idea of attacking us in Centreville than they liad of attacking the Peaks of Otter. Of course, wlien we retreated, they sent marauding parties in our trail to watch our retreat and take possession of the coun- try, and now the whole of the beautiful Counties of Lou- don, Fauquier, Prince AYilliam, Fairfax, and the Lord only knows how many more, are in the possession of the enemy. It was a sad, distressing sight, all the Avay along, and one that frequently drew tears from my e^^es. I do not know Avhat it means, but I would rather have fought ten battles than thus to have abandoned these poor people. We have got to fight somewhere, and if I had my way, I would fight them on the first inch of our soil they invaded, and never cease to fight them as long as I could rally men to defend their homes. The great body of the army is now in the neighborhood, and I suppose we shall abandon these people and retreat back toward Richmond My 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 them on the march. One of the great features of General Toombs' control of liis briiijade was tlie excellent care lie took of Ills men. He never allowed tliem to be imposed upon by the officers or by otlier com- mands. This letter betrays the impatience of General Toombs over any mismanagement. He was the soul of business, and as the transportation facilities at Manassas were meager, he chafed under the heavy loss to ^vhich his bi-igade was subjected in this retreat. AVith impetuous ardor he calls for AV AEMY OF NORTHERN VIRGINIA. 241 resistance, not retreat. He did not approve of the " Fabian policy " of Joseph E. JoLnstou. As Gen- eral Longstreet after\^'ard 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 be allowed to oo at it at once." Near 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. Davis' incompetency is more apparent as our danger increases. Our only hope is Providence." In January, 1862, the General Assembly of Georgia elected Kobert Toombs a member of the Confederate States Senate. Benjamin H. 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 responsil)ilit3\ He felt that his duty was in the field. He had condemned the rush for civil offices and what he called " bomb- 23roof 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 ^\-as anxious to serve. The parties behind this movement believed that 242 ROBERT TOOMBS. the great abilities of Mr. Toombs should not be hidden behind the comniaiid of a bi'igade. lie would have made an ideal war minister. His genius for details and his ability to manage affairs and plan campaigns ^\'Ould have overmatched Edwin M. Stanton. But Mr. Toombs promptly cut off this movement in his behalf. On 22d March, 1862, he wrote to his wife from Oi'ano:e Court House, Va. : I thouglit I had been very explicit on that point. I would not be Mr. Davis' chief clerk. His Secretar^^of War can never be an3'thing else. I told my friends in Richmond to spare me the necessity of declining if they found it in contemplation. I have not heard that they had any occa- sion to interfere So far as I am concerned, Mr. Davis will never give me a chance for personal distinction. He thinks I pant for it, poor fool. I want nothing but the defeat of tlie public enemy and to retire Avith you for the balance of my life in peace and quiet in any decent corner of a free country. It may be his injustice will drive nie 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 countr}^ The day after such an event I shall retire, if I live through it. I have grievances enougli now to quit, but I shall bide my time. I get along very well Avith the army. I have not seen Jolmston 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 constantlj^, but from nobody else in Ricli- mond You sa}^ you pray for me daih'. I need it. Put it in your prayers that if it be the Avill of God that I shall fall, a sacrifice in this great conflict, that I may meet it as becomes a gentleman. IN ARMY OF NORTHERN VIRGINIA. 243 An instance of General Toombs' impatience un- der red-tape rules may be recalled. A member of his brigade was taken ill, and he secured for him entrance into the hospital of Richmond. The hos- pital was crowded ; regulations were stringent, and under some technical ruling his sick soldier was shipped back to his brigade. Toombs was fired with indignation. He proceeded to sift the affair to the bottom, and was told that General Johnston had fixed the rules. This did not deter him. liidiug 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 H. Steiner, his brigade surgeon and life- long 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 tact and discretion. '' General," said Dr. Steiner, " you have been too rash ; you will be arrested." Toombs replied that he thought so, too. He held himself in anticipation for two or three days, but he was not disturbed. When he ^vas 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- 244 ROBERT TOOMBS. ness and clearness of tlie impetuous Georgian had captui'ed tlie grim hero of Manassas, wlio forgave the affront in the face of the overmastering mind of the man. General McClellan reached Foitress Monroe, April 2, 18G2, and commenced his march up the peninsula. The country is lo^v and flat, and the season was unusually wet and dismal. The objective point was Richmond, seventy- five miles aAvay, and the first obstruction met by the Federal army was at Yorktown. The defense adopted by General Magruder was a series of dams extending along the Warwick River, ^vhicll stretched across the peninsula from the Yoi'k to the James River, a distance of thirteen miles. The fords along the AVarwick had been destroyed by dams defended by redoubts, and the invader and defender were stationed in dense swamps. At dam No. 1 Toombs' troops were often under fire. They fought with spirit. Each detachment ^vas on duty defending the dam forty-eight hours, and between long exposure in the ti'enches, 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, tlie I7tli Georgia, had a skirraisli day before yesterday. They acted splendidly, charging the Yankees, -and driving them from the rifle-pits, killing, wounding, and taking prisoners over one hundred of the enemy. I lost but two killed and a few wounded. IN ABMT OF KORTBERN TIRCrTNIA. 245 At tlie siege of Yorktown in tlie early part of May, 1862, General Toombs commanded a division consistius: of liis o"\^^l and Semmes' brio-ades. He had 2357 men in his own and 2342 in Semmes' brigade, making about 4700 troops in line. Dur- ing this siege General Magruder 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 dan2;er. General Ma^-ruder had only 11,000 men under him in the peninsula, and General Huger but 8000, to oppose Mc- Clellan's march with 80,000. Johnston and Lee both pronounced the peninsula untenable, and on the 4th of May Yorktown was evacuated. After the retreat from the peninsula. General Johnston concentrated his entire army behind the Chickahominy River, sixteen miles from Rich- mond. On the 12th of May General Toombs writes home that his command near the Chicka- hominy was "resting easily after a disagreeable march from Yorktown. I hear that there is great consternation in Richmond The loss of New Orleans gives us a terrible blow, and, fol- lowed by Norfolk, makes it necessary for us to strike a decisive blow somewhere." On 19th of May, 1862, he writes home from the camp near Richmond : 246 noSERT TOOMBS. "We seem to liuve come iij)]iere to defend tliis city. You ask me my opinion of the present state of the country. It is bad enough. The utter incompetency of Mr. Davis and his West Point generals have brought us to the verge of ruin. If McClellan is unwise enough to fight us here, we shall whip and drive him out of Virginia As to Richmond, it will never be taken while this army is here. General Toombs' estimate of tlie army and of the futility of an attack from McClellan was jnsti- iiecl when, after tlie 26th of Jnne, 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 Johnston gave way to the bold strokes of Lee. The South was thrilled with victory. General Toombs frequently referred to the in- competency of Mr. Davis. The letters which have just been quoted were "wi'itten to his wife, and ^vere not made public then, but he did not hesi- tate to express his opinion openly. Jefferson Davis and Mr. Toombs had some differences while the former was Secretary of War under Franklin Pierce and IVIr. Toombs was in tlie Sen- ate. Mr. Toombs believed that President Davis was too partial to West Point, at which school Mr. Davis had been trained, and that in his man- m ARMY OF NORTHERN VIRGINIA. 247 agement of tlie army lie showed tlie tenacity of a martinet rather than the breadth of a statesman. In February, 1859, the Army Appropriation bill had come up before the United States Senate. Mr. Toombs attacked, and Mr. Davis 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 life. It was upon a wrong basis. " You take a boy of sixteen and send him to West Point, and when he comes out you give him |1400 a year. In the coui'se of a few years you carry him up to $3000, $6000, or $8000. Take the gen- eral employment of the youths of the country Mho are educated at the different colleges for all civil purposes. You may have the highest amount of genius and intellect, and you get nothing like such average there. It wdll take them 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 he, "it requires as great qualifications 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, with the governing power." He thought a salary of $600 or $900 for the West Point grad- 248 ROBERT TOOMBS. nates enougL. According to the way army com- missions were valued in England, tlie commission of a lieutenant wlio graduated at West Point could not be wortli less tlian $50,000. The pay of a captain w^as liiglier than that of a judge. That position required the highest ability and integrity, and the average salary of a judge was but $2000, without traveling expenses. Mr. Toombs con- tended that West Poiut men seldom reflected any opinions but those of the government a\ hich em- ployed them. They seldom sympathized with the people, and he wanted a government of the people. " You take a boy to West Point," he said, " give him quarters, and fuel, and clothes, and maintain him, and you say he has rendered service. When the citizens of this country send their sons to col- lege they pay their expenses or work their way throuo^h ; but when a ])ov is carried to West Point he is taken care of ; a house is provided for him ; clothes are provided for him ; instructors are pro- vided for him, and that is called being in service. I lay down the proposition that the true theory of Avages, if you employ these people to keep the peace, is exactly the same — a constable's pay — you ought to pay them what they can be had for." Mr. Davis held that army officers were constantly tempted to resign by oifers of higher pay. It was the training of these men in the service, not for the service, it \vas their attachment for the IN AliMY OF NORTHERiY VIRGINIA. 249 country wbicli made tliem so valuable. It was better to instruct men for officers' places and then appoint tbein, than to appoint tlieni and then in- struct tliem. He tliouglit appointments were free from partisan selection. A soldier's devotion was as broad as the continent. A West 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 pul)lic policy, soon deepened into personal dis- like. On the 30th of May, Toombs wrote from tlie army, "Davis is polite and formal; so am I." In the latter part of 1862 it was evident that tlie two armies must meet and contend for the mastery in Virgniia. The day before the seven days' fighting commenced, Dr. Steiner said to General Toombs, his intimate friend : " General, I 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 powers. "Why, doctor, I gladly promise," said the great Georgian. Nor did he, 250 ROBERT TOOMBS. (luring the week, take a glass of any sort of liquor. General Toombs' brigade was the First Bri- gade, First Division, Army of Northern Virginia, and during the campaign of the peninsula, was in Magruder's division. On June 15, 1862, Toombs occupied the most exposed position, which was held for nine days. Magruder recommended I'elief for his troops, which had been suffering from lack of rest and care. Just before the seven days' fight Toombs' brigade was placed in D. R. Jones' division and Mao;ruder commanded his own, Jones', and McLaw's divisions, holding about 13,000 men. Toombs' brigade was com- posed of the 1st, 15th, 17th, and 20th Georgia regiments. On the 26th of June Toombs' brio;ade was posted upon the east of Garnett's House, on Golding's farm, just in front of the enemy. Both sides threw up l)reastworks so near that neither could advance its picket line. " Just before dark," sa^s Dr. Steiner, " Mr. Toombs i-eceived orders to charge the enemy, firing having been heard on the left. The position was a dangerous one. A charge at that time of the evening was perilous. Just in front lay a deep gulch — Labor- in- Vain Ravine — which was alive with the enemy, and the charge must be through an un- protected field of wheat and clover. General IX ARMY OF NORTHERN VIRGINIA. 251 Toombs was astonislied at tlie order. His first instructions had been to put himself near Garnett House, to hold his position and to take advantage of any retreat of the enemy. He doubted tlie authenticity of the order, an'd sent word that he would not obey unless in writing. Pretty soon written instructions were returned and General Toombs prepared for what he 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 Are. Coh^iel 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 ]\IcIntosh then entered the fio-ht, and this ofallant officer ^vas mortally wounded. The I7th 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. Next morning tlie 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. 252 BOBERT TOOMBS. Ou tlie 1st of July, about three o'clock in tlie afternoon, commenced one of tlie famous battles of the war. McClellan's army had gotten away from its perilous position astride the Chicka- hominy, and now found itself united and strongly intrenched on the heights of Malvern Hill. All hope of destroying that aiiny Avas gone, and it Avas evident that an engagement must ensue, with the odds in favor of the Union army. It Avas in many respects like the battle of Gettysburg, ex- cept that the Confederate forces Avere not handled AA'ith the precision and effectiveness of the historic sorties against Cemetery Heights. The battlefield Avas in plain range of the enemy's gunboats, and there Avas much surprise that General Lee should haA'e sanctioned an engagement at that point. General D. H. Hill misunderstood the signal for attack at Malvern Hill, and late in the afternoon ordered the char2i:e. Toombs' brio;ade had been marching and countermarching all day, and Avent into action much thinned from the effects of the sharp fighting at Labor-in- Vain Eavine. There Avas no concerted attack. The charge seems to haA^e been made by brigades, eA^en single regiments being throAvn forward. They advanced through a SAvamp, and the difiiculties of the charge, OAA'ing to a murderous fire Avhich raked the plain from the hills, 600 yards aAA^ay, cannot be exaggerated. Toombs' brigade Avas one of the first to reach the IN ARMY OF NORTHERN VIRGINIA. 253 plateau s^vept by fifty gnus. It advanced witli Anderson's brigade^ but obliqued to the left about half -way up the hill, and took position near a fence, where the troops, suffering fearfully from the cool, deadly aim of the Federal gunners, were ordered to lie down and secure some sheltei' from the cannon-shot. It was at this time that General D. H. Hill rode up to General Toombs and or- dered his brigade forward. Some sharp ^vords ensued between these officers, and the men moved forward handsomely to the brow of the hill. At this time, however, the steady stream of fugitives pressing 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 fully 5000 men, and the loss in Toondjs' brigade was 219 men, making his losses in the two eno^airenients over one-third of his en- tire number. Malvern Hill was a blunder which was never repeated, but it w^as a disastrous one for the Georgia troops. The sid)joined correspondence will be under- stood in the \vi\it of the meetino; of General D. H. Hill and General Toombs near Malvern Hill dur- ing the progress of the charge of the Confederate forces. 254 ROBERT TOOMBS. Headquarters First Brigade, First Division, In the Field, July 0, 1862. Major General D. H. Hill. Sir: Military movements since Tuesday last have prevented an earlier reply to your conversation Avith me on the battlefield that evening. I understood you to say, among other things, that " Your (my) brigade would not fight"; that you "always knew it would not fight" ; tliat it "pretended to want to fight, but Avould not " ; " Where were you when I was rid- iug in front on m^Miorse trA'ing to rall}^ your bi'igade? " I desire first to know whether I am cori-ect in my under- standing of your language, and if not, wherein I am 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, Robert Toombs. July 6, 1862. General: Your note has just been received. My re- marks were pei-sonal to j'ourself and not to your brigade. I did not in the sliglitest degree reflect on your men. What I said was in substance this : " You have been want- ing to fight, and now that you have one, you 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 you tliat, as the command- ing ofiicer on the field, I have an official report to make which will not l)e modified bj^ 3'our note. It is notorious tliat you have a thousand times expressed your disgust tliat the commanding general did not permit you to fight. It is equally notorious that you retired from IN AEMY OF NORTHERN VIRGINIA. 255 the field. These are the two facts of which I reminded you on Tuesday. I made no comment upon them, and if the simple truth has been offensive, the interpretation of it has been your own. Yours trul}^, D. IT. Hill, Brigadier General Toohbs. Major General. Headquarters First Brigade, First Division, General D. H. Hill. July 6, 1862. /Sir: Your note of this date has just been received. It is scarcely necessary for me to say it is not satisfactory. It would be inappropriate to comment uj^on it properl}^ in this note, and for that reason alone I waive it for the present. As to your remark tliat you were the commanding officer on the lieUl on the 1st inst., I never before heard of it, nor do 1 now think so, 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 have cast upon me. If that was your object, tliis note will satisfy you tliat you have failed in your object. I now demand of you personal satisfaction for the insult jon 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 j^ou to my friend Colonel Benning for all necessary arrangements. Your obedient servant, Robert Toombs. Camp near Richmond, Ya., July 12, 1862. General: Your note of the 6th was received yesterday. I must again enter my protest against your second declara- tion that I reflected upon your brigade in the battle of 256 ROBERT TOOMBS. Malvern Hill. Witnesses to our interview affirm that my remarks Avere entirely personal to yourself. In regard to your demand for satisfaction, I construe it to mean eitlier that I must apologize to you for the lan- guage used by me on the battlefield, or that I must grant you a hostile meeting. » If the first interpretation be correct, I will state that I will make full, public, and ani2:)le conces- sions when satisfied that I did you injustice ; and this I Avould do without any demand. I certainly thought that you had taken the field too late, and that you left it too early. You may, however, have done your Avhole duty, and held your ground as long as it Avas possible for a brave and skillful officer to hold it. If the facts prove this to be so, no one will be more gratified than mj'self, and my acknowledgment of error Avill be cordial and complete. But if your demand means a challenge, its acceptance, Avhen we have a country to defend and enemies to fight, would be highly improper and contrary to the dictates of plain duty, without reference to higher grounds of action. I will not make myself a part}^ to a course of conduct for- bidden alike by the plainest principles of duty, and the laws which we have mutually sworn to serve. Yours truly, D. H. Hill, Major General. Brigadier General Robert Toombs. Just what General Toombs replied to this is not known. The letter has not been preserved in this correspondence. It evidently declared that the ex- planation was not satisfactory. Major R. J. Moses, Jr., a member of General Tooml^s' staff, submitted in writing the follomng report of his recollection of IN ARMY OF NORTEEBN VIRGINIA. 257 General Hill's words to General Toombs at Mal- vern Hill : Where is your brigade, sir ? I told you that I wanted a fighting brigade, and your brigade will not fight. I knew it would not, and you are the man Avho pretends to have been spoiling for a fight. For 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 General Robert Toombs, I remained with him until some time after this conversation. Pre- vious to this conversation General Toombs had been about fifteen yards to the rear of the center of his line and his troops were unbroken. Tiiere were many men coming by \is, 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 tlie 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 tlie action until half or three-quar- ters of an hour after the conversation. Tlie following is the concluding letter of the correspondence : July 15, 1862. General: I regret that my last note, which was intended to be conciliatory, has been misunderstood or misappre- ciated. I take it for granted that you know enough of ray previous history to be aware that a hostile meeting, under 358 ROBERT TOOMBS. any circumstances, would be abliorrcnt to my principles and character. At this time it would be in the highest de- gree improper. I have offered you the only redress which I could make even after a meeting, viz., an acknowledg- ment of error Avhen convinced of that error. As no good can result from a contmued correspondence, it will close on my part with this communication. Yours truly, D. H. Hill, Major Genei'al. Brigadier General Robert Toombs. General Hill was a good mau and a brave sol- dier. His devotion to the Confederate cause Avas undoubted, but his zeal sometimes made him harsh, and 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 General Hill ^vas 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 Fedei'al force against his line. It proved to be the division of the Federal General Gordon Grano-er. General Hill and General W. H. T. AYalker, 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 deferi'ed to General Hill and asked him, " What do you wish me to do ? " IN ARMY OF NORTHERN VIRGINIA. 259 " What do I want you to do ? " said Hill witli severity, and even with something like a snarl, " I want you to fight." General Walker flushed up in a moment. He was not a man to deserve any reflection upon his couivage 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 the assault on Chapultepec in the Mexican War, and had, on many occasions, o;iven undoubted evidence of his valor and fidelity. He answered hotly, " Of course I will fight ; you know that, General Hill, \vcll enough ; but, by God ! sir, there are two ways of figlitiug, one to whip and the other to get whipped." The point was a good one. JVIajor Joseph B. Gumming, chief of General Walker's staff, who re- lated this incident, says it liad the desired effect. When Longstreet marched against Pope he stationed Gener;d Toombs' brigade to guard one of the fords of the llapidan. Toombs ^^'as 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 l)ut complimentary terms of his commander." He sent General Toombs to Gordonsville. Afterward he received an apol- ogy from Toombs and directed him to Join 260 ROBERT TOOMBS. Lis command. As we were preparing for tbe cliarge at Manassas (second battle), Toombs got there, riding rapidly with his hat in his hand, and was much enthused. I was just sending a courier to his command with a dispatch. ' Let me take it,' he exclaimed. ' With pleasure,' I resj)onded, and handed him the paper. He 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 Avas sent up, and the men sprang to the charge. I never had any more trouble Avith Toombs. We were afterward warm personal friends." On the 30th of August, 1862, Hon. A H. Stephens wrote to Mrs. Toombs that General Toombs was still at Gordonsville. He said: How long lie will remain, I do not know. I thought at first that it would only be for a day or two, or until General Longstreet could receive and reply to two notes he had Avritten, explaining to my mind very fully and satisfac- torily his acts and conduct, which, it seems to me, General Longstreet had misunderstood. Such is still my opinion, and yet I may be mistaken. I do not know much of Gen- eral Longstreet. I only know that General Toombs, Avho does know him, always expressed very high admiration of him as an officer. At the second battle of Manassas, August 29, 1862, Toombs' brigade in Jones' division held the IN ARMY OF NORTHERN VIRGINIA. 261 rear of Longstreet's corps. Early in the morning tlie brigade took up the march in the direction of the old battlefield of Manassas, where heavy fir- ins; was heard. Arrivino- at noon it was stationed on the extreme right, or upon the Manassas Gap railroad. The brigades formed in echelon. Gen- eral Longstreet in his published report com- mended especially General Toombs for gallant conduct at Manassas Plain. General D. R. Jones, in his report of Manassas. says: General Toombs, released from arrest, under which he had been since the 18th of August, came upon the field shortly after his brigade went in under fire and accompan- ied it in action. Captain H. L. French, of the ITtli Georgia Regi- ment, says : " Soon after our engagement, to our great satisfaction, we unexpectedly met our gallant commander, Brigadier General Robert Toombs, who, anticipating the fight, had ridden hard all day. He "\^'as greeted ^^ith liearty cheers, and said, ' Boys, 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. To-morrow I lead you.' " One report of this engagement declares that as Toombs dashed into the fire and joined his men. he waved his hat and shouted, "Go it, boys ! lam 262 ROBERT TOOMBS. witli you again. Jeff Davis can make a gen- eral, but it takes God Almighty, to make a soldier ! " The expulsion of Pope only accelerated tlie momentum of the Army of Nortliern 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. He reasoned that the prestige of the invasion would advance the cause of the young nation abroad ; that it would relieve Virginia from incursions during 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. Lee's army, however, was not equal to such an expedition. It was not well clothed or armed, and barely numbered 40,000, while McClellan had 80,000. Toombs' brigade accompanied Longstreet's corps in its counter-march from Hagarstown 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 Potomac, and empties into that river six miles above Harper's Ferry. The Confederate lines were, on the 15th, drawn up in front of IN ARMY OF NORTHERN VIRGINIA. 263 Sharpsburg, Longstreet being ou tlie riglit of the road from Sliarpsburg. In this phace the creek is crossed by fonr stone bridges, and three of these were strongly guarded by the Confederates. Burn side's army corps was stationed on the Sharpsburg Turnpike, directly in front of bridge No. 3. The preliminary deploy occupied the 16th of September, an artillery duel enlivening the time before the battle. Burnside lay behind the heights on the east bank of the Antietam and opposite the Confederate right, which, Swinton 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 Sharpsburg 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 General D. B. 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, and this engagement made his reputation as a fighter and 264 ROBERT TOOMBS. was one of the most brilliant and memorable of tbe Civil AVar. It was one o'clock before Burnside charged. General Lee, in his report of the bat- tle, said : In the afternoon the enemy advanced on our right, where General Jones' division was posted, who handsomely maintained his position. General Toombs' brigade, guard- ing the bridge on Antietam Creek, gallantly resisted the approach of the enemy, but his superior number enabling him to extend liis left, he 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.M., A. P. Hi-ll, 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 (2d and 20th) and the batteries of General Jones. General Toombs' small command re- pulsed live diffei-ent assaults made by greatly superior forces, and maintained its position with distinguished gallantly Toombs charged the flank of the enemy, while Archer moved upon the front of the Federal line. The enemy made a brief resistance and then ran in eon- fusion. Such commendation from the commander-in- chief of the Confederate army speaks for itself. Speaking of the last charge, when the Federals were driven back over the creek in the counter- attack, General Jones says : General Toombs, whom I had sent for, arriving from the right with a portion of his brigade (11th Georgia Reg- Z.V ARMY OF NORTHERN VIRGINIA. 265 iment) was ordered to charge the enemy. This he did most gallantly, supported by Archers brigade, delivering fire at less than fifty yards, dashing at the enemy with tlie bayonet, forcing him from the crest and following him down the hill. General Garnett's report credits Toombs witli liaviDg "reenforced tlie right just after it had been driven back, and restored the fortunes of the day in that quarter." From the report of General Toombs it appeared that when hje first moved into INIaryland he was assigned to command a division composed of Toombs', Drayton's, and Anderson's brigades, and took possession of Hagerstown. On Sept- ember 14 he was ordered to Sharpsburg, two of his regiments having been sent to AVilliamsport to protect the wagon trains. With two small regiments left, General Toombs took position near the bridge over the Antietam on the road to Harper's Ferry. He took possession of the ground with the 20th Georgia Kegiment, commanded by Colonel Jonathan B. Gumming, and the 2d Georgia Regiment, commanded by Colonel Holmes. The creek was comparatively straight by this bridge. He formed his regiments along the creek in more open order than was desirable on account of the smallness of his number. Subsequently the 50th Georgia, with scarcely 100 men, was placed under his command. Colonel Eubanks' battery was by 2G6 ROBERT TOOMBS. order of General Longstreet placed in liIs rear. The enemy opened on liis j)osition on Tuesday evening, the 16th of September. On Wednesday morning, his pickets were driven in and the enemy menaced his position. The ground descended gently to the creek covered with a narrow strip of woods, affording slight protection. Tlie enemy ap- 2:)roached 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. ]\r. the Federals made five attempts to carry the bridge, and were repulsed by the 2d and 20th Georgia regiments. Failino; to wrest the brido-e from its lieroic de- fenders, the enem}^ turned his attention to the fords. " Not being able to get reenforcements, and seeing that the enemy would cross and attack my front, light flank, and rear. Colonel Holmes having been killed. Major Harris wounded, both regiments having suffered heavily, ammunition nearly exhausted, and the battery withdrawn, I Avithdrew my command to a position, designated by Longstreet, opposite the lower fords. This change of position was made very satisfactorily and without . serious loss. The 15th and 17th Georgia regiments and part of the 11th, previously detached, now came up and occupied the new position. The 20th and 2d went to the ammunition train to replenish their cartridge boxes. The enemy moved through the bridge and ford with IN ARM7 OF NORTHERN VIRGINIA. 267 extreme caution, and lost nearly two tours 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 Sharpsburg. AVith less than one- fifth the numbers of the enemy and within 100 paces 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 Longstreet's rear open to the enemy. The enemy advanced in good order to mthin sixty or eighty paces, when the effective- ness of the fire threw his column into considerable confusion, perceiving which I instantly ordered a charge, which was brilliantly executed by my whole line. The enemy fled in confusion toward the river, making two or three efforts to rally, wliicli wore soon defeated. The enemy brought over the bridge a battery. I ordered Eichai'dson's battery to open upon it, and at the same time the 15th and 20th Georgia charged upon it and com- pelled it to rejoin the flying infantiy. I desired to pursue the enemy across the river, but, being deficient in artillery, I sent to General Lee for a battery, which came up too late. I then determined to move my troops to my first position along the river, but received the order to occupy the heights 268 ROBERT TOOMBS. on the opposite side of tlie road leading to tlie bridge from Sharpsburg, aud tliere the troops bivouacked for the night." The gallant conduct of Toombs' brigade at Sharpsburg was the theme on both sides. The country rang with its exploits aud the fiery Geor- gia brigadier became the toast of the army. Burnside's heavy losses abundantly proved the stoutness of the resistance and the deadliness of the charges of the Georgia troops. The next evening, on the edge of Sharpsburg, General Toombs and liis aids crossed a little branch on his way to the headquarters of Colonel Benninff. General Toombs rode his famous mare " Gray Alice," so well known to his command. He was not very far over when a troop of calvary rode up. He challenged them, and they answered "We are friends." Captain Troup of his staff, however, detected the ruse and fired into them. The squad returned the fire. General Toombs was shot through the hand with which he was holding the reins. The gray mare at once became unmanao-eable and ran back across the branch. As soon as he could control the mare, General Toombs rode back to Colonel Benning and, report- ing his wound, turned his brigade over to Colonel Bennino". When it became known that General Toombs was wounded his men were deeply pained. Always solicitous for their welfare, his soldiers IN ARMY OF NORTHERN VIRGINIA. 269 were devotedly attached to liim. He took care of his brigade eveu to the extremity of violating army •discipline. He exacted the utmost consideration for his men, and the officer who periled their safet}', or disputed their efficiency, was quickly called to account. AVhether against Johnston, Longstreet, or Hill, the First Brigade, First Division, was sure of a fearless champion in the person of its commander. The battle of Sharpsburg was 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. Longstreet, in sum- ming 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 liad " killed, wounded, and captured nearly as many men as we had in our ranks, besides tak- ino; arms and other munitions of war in laro;e (piantities." General Longstreet compliments Brig- adier General Toombs for his " gallant defense at the bridge of Antietam and his vigorous charge upon the enemy's flank ; he \vas severely wounded at the close of the engagement." General Toombs returned to his home after Sharpsburg, and remained several months. He rejoined his command near Fredericksburg, but in March, 1863, wrote a touching farewell to his bri- 270 ROBERT TOOMBS. gade and resigned Lis commission in the army of Nortliern Virginia. It seemed to liim that lie did not have jnstice done him at Richmond. He aspired, Avith the ambition of a soldier, to be promoted in his country's service. Ilis con- duct at Sharpsburg, where he wrung admiration from his superior officers, appeared to call for recognition from the President, but he 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 liked the promotion ; but he did not expect it. He had written to his wife that he would not be driven from the army until after some great battle, ^vhen he should have the opportunity of doing something for his country. '' The day after such an event, I ^^ill retire if I live through it." The battle had occurred, his record was written upon the stone bridge of Antietam, and his Avoi'k Avas at an end. Postmaster-General Reas-an was one of those who recognized the merits of General Toombs. Twice did he approach President Davis ^vith 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- IN ARMY OF NORTHERN VIRGINIA. 271 lievecl the suggestioR would have been ungracious to Mr. Davis. General Toombs had not hesitated to criticise the policy and appointments of the Eichmond administration. That practice had strained his relations with the Confederate Gov- ernment, but Toombs was a man who "would not flatter Neptune for his trident." General Toond^s wds not a trained soldier, but he liad some fine points of 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 Avas 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, npon some point of civil administration. This business over, he dashed back to the front, where he had an enscao-ement with General Lee over a i )lan of attack. General Longstreet said Toombs 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. lie had what General Johnston declared was the great drawback about the Southern soldier, "a large endowment of the instinct of personal liberty," and it was difficult to subordinate his will to the needs of military discipline. He had been 272 ROBERT TOOMBS. accustomed to priority, and in ^vliatever com- pany, under wliatever conditions he found himself, his had been the part to lead and to rule. As Colonel Thomas W. Thomas had said of him, "Toombs has always been the big frog in the pond." Men conceded to him this prestige. Under the 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 the corps, the tactics of the field galled his imperious spirit. He commanded his brigade as he 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." Robert Toombs made a mistake in sinking him- self in the routine of a brigade commander. He should have taken the War Department, or, like Pitt, have pushed the war from the floor of the Senate. Swinton 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 Avhich govern war. Durinir General Toombs' absence in the field, he opposed tlie Conscript Acts of the Confedei'ate m ARMT OF NORTHERN VIRGINIA. 273 administration. He believed them arbitrary and unjust. He 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 man ; that it was deadly to States' Kights and personal liberty, and that it would impair the efficiency of the army by lowering its patriotism. The champion of this anti-administration policy in Georgia was Linton Stephens, the brother of the vice president. Toombs 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 E. 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 war began neither side had made any eifort 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 274 BOBERT TOOMBS. desolation, witliout either one offering terms of peace, and witli botb rnnning a s^vift race of rivalry in usurping tlie most despotic power under tlie ever-recurring and false plea of necessities of war ? Have both governments formed designs that can- not be accomplished in peace, and which seek opportunity and shelter in the confusion and panic of war?" Mr. Linton Stephens was a leading lawyer and legislator in Georgia. lie was a man of great ability. He had started the practice of law in the office of Eobert Toombs, and had been a political follower and close friend of the great Georgian. He had served upon the bench of the Supreme Court of his State, and at the close of iha war his political influence was probably greater than that of any man at home. He was fearless, inflexible, high-toned, and full of power. He did not hesitate to condemn the legislation asked for by Mr. Davis, and joined Mr. Toombs 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 ^vould be the orfmnization of all labor into a military system under government control. The result of the policy of Mr. Davis justified the protest of the Georgians, but there is nothing to warrant the belief that Mr. Davis was moving toward military despotism or that he relished the continuance of strife. He saw that the South was IN ABMY OF NORTHERN VIRGINIA. 275 in for the war. Desperate situations required desperate remedies. He grasped the government with a strong; liand, and lacked neither nerve nor patriotism. The principles of this policy were unsound, but the motives of Jefferson Davis were pure. ISTor was there reason to sustain the whole- sale denunciation of West 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 States army and came South when their States seceded, overthre^v 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, ^vho 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 mucli cotton as I can. . . . Brown's and Chambers' policy is all foolish- ness. . . . As to what I shall choose to plant on my own estates, I shall neither refer it to newspapers, nor to public meetings, nor to legislatures. I know what sort of people compose these classes. Let theui take up arms and come with me to drive the intruders away from our soil, and then we will settle what sort of seed we will put into it. CHAPTER XXIII. WITH THE GEOEGIA MILITIA. General Toombs' next appearance in the field was as adjutant and inspector-general of General G, "W. Smitli's division of Georgia militia. He was present during the battles before Atlanta, the eno-ao-ement at Peachtree Creek, and the siege of the city. General J. E. Johnston 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 army has greatly improved. We are now receiving reenforcements from the West. Davis, 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. He is a most excellent man, and undoubtedly of great military talent. Whether equal or not to this great struggle, time must prove. The militia are coming up finely. Twelve hun- dred of them arrived here tliis evening, armed and tolerably Avell equipped. Poor fellows ! They are green and raw, undisciplined and badly officered. It keeps us at work day and night to bring order out of this confused mass, and we have but a poor chance. They march right 875 WITH THE GEOliGIA MILITIA. 277 into the trenches, and are immediately under the enemy's fire all day. We shall trust to a kind Providence alone to preserve them from a great disaster, and make them useful to the army and the country. The pressure is so great that we are compelled to put them to the work of veterans with- out an hour's preparation. I am doing my utmost to get them in the best possible position. Georgians are all com- ing up well except the cities. Speaking of men who try to sliirk duty, Mr. Toombs wrote, " Poor creatures ! AVhat do they want to live for ? " General Toombs had the task of organizing the recruits and getting them ready for the field. He 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 General E. G. Walthall of Mississippi, as " a splendid officer and a gentleman." He says : " The enemy are evidently iutending to starve us rather than to fight us out. I have, at the request of General Hood, not less than twenty letters to write on that very subject. Sherman shells tlie toAvn furiously eveiy day. Not 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 was march- ing to the sea. They were frequently made up of old men and boys who had been exempt from the 278 ROBERT TOOMBS. regular sendee, and these were hurried into action with poor equipment and scant preparation. Gen- eral Toombs, in a letter ^vritten to his wife, July 25, 1864, says: The militia have behaved with great gallantry. Tliis is sincerely true. They have far exceeded my expectations, and in the fight on Thnrsday equaled an}^ ti'oops in the line of battle. If they will stand and fight like men, our homes will be saved. God give them the spirit of men, and all will be well ! In another place he writes : We have a mixed crowd, a large 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 office from 1857 to 1863. 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 make the race. His game 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 me to perform my part of this work. WITH THE GEORGIA MILITIA. 279 He called all tlie sods of Georgia to come, even to " die together rather than let the Yankee over- run and conquer Georgia." He concludes a letter of appeal : Better be Where the unconqiicred Spartans still are free, In their proud charnel of Thermopylae. General Toombs' last military service, after the fall of Atlanta, was on the 20th of December, 1864, when as adjutant and inspector-general he served in General G. AY. Smith's division, Georgia militia, at the siege of Savannah. General Dick Taylor, in his " Destruction and Keconstruction," 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 Thomas- ville. The trains were sometimes slow in moving, and to General Taylor, who was anxious to mass all forces at Savannah, the delay was galling. Wlien Toombs came up, he " damned 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." News reached General Taylor about that time that the Federal forces at Port Royal were coming up to capture Pocotaligo on 280 ROBERT TOOMBS, the Charleston and Savannah road. This was a dangerous move, as General Taylor was anxious to hold this line for coast defense. He needed reenforcements to hold this point, and at once thought of " Joe Brown's Army." The position of Governor Bro^vn 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 Avith Mr. Davis. Gen- eral Taylor consulted mth General Toombs, how- ever, and they arranged to have the Georgia militia " shunted off at a switch near Savannah and transported quietly to Carolina." At Pocotal- igo 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." Sherman's march to the sea was 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 Ri^'er to Atlanta, Sherman and Johns- ton had g]*appled with deadly fury down the mountain defiles; then Cheatham and Wheeler harassed him at Macon and imited for a final siege of Savannah. The granaries and workshops of the Confederacy were gone when Georgia ^^as WITH THE GEORGIA MILITIA. 281 devastated — as General Lord AVolseley said, Sher- man's invasion was a swordthrnst tlirouo-li tlie vitals of the young nation. Eobert Toombs had followed his own idea of meetino; the invader as soon as he struck an inch of State soil and tia-htino; him as lono; as a man remained. From the fruitless defense of Savannah, Toombs hast- ened to -discuss the situation with Governor Brown. He happened to be dining ^^ith him that April day when the news came of the surren- der at Appomattox. The two men looked at each other intently, when they realized that all was over. Toombs and Brown had been closely allied since the day that the latter was nominated for Governor in 1857. They had fought campaigns together. Toombs had sustained Governor Brown's war policy almost to the letter. Xow they shook hands and parted. Henceforth their paths diverged. Days of bitterness put that friendship to an end. Both men worked his course durins; reconstruction as he saw fit. 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 Bichmond to Danville, thence to Greensboro, N. C., and Abbeville, S. C, rode across the country with 282 ROBERT TOOMBS. au armed escort to Wasliingtou, Ga. Here, in the 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. Breckenridge, Secretary of AVar ; John H. Eeagan, Postmaster-General, besides the mem- bers of Mr. Davis' staff. The Confederate Presi- dent was worn and jaded. He looked pale and thin, but was plucky to the last. After the sur- render of Lee and Johnston, he wanted to keep up the warfare in the mountains of Vhginia, and in the country west of the Mississippi, but he was finally persuaded that the Confederacy must cease to struggle. On the public square of Washington the little brick house, with its iron rail and its red walls, is still pointed out to the visitor as the spot wliere the Davis government dissolved. It was a dramatic fate which determined its dissolution at the home of Robert Toombs. He had been present at its birth. His had been one of the leading spirits of the revolution. He had served it in the 'Cabinet and field, he had been pressed for the posi- tion of its chief magistracy, and now in the shadow of his own rooftree its concluding council was held. General Reagan was a guest of General Toombs during his stay in AVashington, as was General St. John and IMajor Raphael J. Moses, who had been a member of Toombs' staff. In WIT3 THE GEORGIA MILlTlA. 283 the evening General Toombs called General Reagan into a room by himself and inquired whether the latter needed any money. General Reagan said he had money enough to take him to Texas. Then General Toombs inquired after Mr. Davis, and asked whether 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 he w^ould rely on that." General Toombs tlien asked if Mr. Davis was well mounted. " I told him yes, that he had his bay horse Kentucky, and that after the sur- render General Lee had sent his" fine gray Trav- eler, by his son Robert, around through Lyncld^urg to Mr. Davis at Greenesboro, N. C." " Well," said General Toombs, with tlioughtfuhiess, " Davis and I had a quarrel once, ])ut that is over now. I am at home and can command money and men, and if Mr. Davis wants anytliing, I shall be glad to fur- nish it." General Toombs added that under terms of the convention betw^een Sherman and Johnston, Mr. Davis was entitled to go where he pleased between that point and the Chattalioocliee River. " I 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 Chatta- hoochee at the risk of my life." On his return to the hotel Mr. Reagan gave 284 ROBERT TOOMRS. General Toombs' message to Mr. Davis, and told tlie latter of the inquiries and offers. "Tliat is like Toombs," said Mr. Davis. " He was always a whole-souled man." The four men whom the AYashington govern- ment wanted to arrest and hold responsible for the war were Toombs, Davis, Slidell, and Howell Cobb. Theii' friends understood this perfectly, and each man was urged to make his escape. Jefferson Davis was arrested in Irwin County, Ga., on May 10. He was rapidly making his way to the AVest, 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 liad returned from his long exile, and Mr. Davis was just back from his trip to England, the ex-presi- dent visited Lookout Mountain, Tennessee, the guest of the poet Sidney Lanier. He here 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. Toombs ar- rived at the mountain. Mr. Davis was, at that time, absent on a horseback ti'ip. 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. 285 wliere receut battles liad raged witli so mucli fury. The liotel was kept by a Northern man wlio knew nothiutT- of tlie rekitions between Mr. Davis and General Toombs, and lie 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, \\-ith a piazza extending along the front. It so happened that the Toombses, 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 AVashington 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. TOOMBS AS A FUGITIVE. At the conclusion of the war, Secretary Stanton issued specific orders for the arrest of Jefferson Davis, Alexander H. Stephens, and Robert Toombs. Mr. Stephens was arrested quietly at his own home in Crawfordville on the 12th of May, 1865, two days after Mr. Davis had been overtaken. On the same day a squad of soldiers, most of them negroes, reached Washington, Ga. They ^vere commanded by General Wilde, and their orders were to take General Toombs in charge. One of the colored troops marched up town with the photograph of Toombs, which they had procured to identify him, impaled upon his bayonet. Gen- eral Toombs was, at the time, in his jn-ivate office at his residence. Ilearing 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 bluecoats ! " was all he said. Walking 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 386 TOOMBS AS A FUGITIVE. 287 commander asked. "lie is not Lere," tlie lady answered firmly. A parley ensued, during wliieli Mrs. Toombs managed to detain the men long enougli to enable Ler husband to get out of sight. " Unless General Toombs is produced, I shall burn the house," retorted the officer. Mrs. Toombs blanched a little at this, but, biting her lip, she turned on her heel, aud coolly replied : " Very well, burn it." Among the listeners to this colloquy was a young man just returned from the Con- federate army. He was moved with indignation. He still wore the gray jacket, and was deeply anx- ious for the Toombs family. He had been a neighljor to them all his life, as had his father before him, and he shared the pride ^vhich the villa<'-e felt for its most distin^-uished resident. He was the son of Hon. I. T. Irvin, a prominent pul^lic man and lifelong frieml 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 Avas soon convinced that the threat was a mere bluft*. Relieved on that point, his loyal spirit yearned toward the fugitive. Charles E. Irvin was the name of the young man, and he had seen service in the artillery under Longstreet. Not yet twenty-one years of age, he was fired with ardor and devotion, and had already resolved to aid General Toombs in escaping. 288 ROBERT TOOMBS. Riding over to a neigbor's house, Mr. J. T. Wingiield, lie failed to find his friend, but left word for General Toombs to let him know where to meet him with his horses. That night about two o'clock Lieutenant Irvin got word from General Toombs to bring his horse to Nick Chenault's by seven o'clock in the morning. This was a farm about eighteen miles from Washington, near the Broad River. Here General Toombs mounted his trusted horse and felt at home. It ^vas the famous mare Gray Alice, which had carried him through all his campaigns. He had ridden her during the charo-es at Antietam, and she had borne him from the fire of the scouts the nio;ht he had received his wound. Once more he pressed her into service, and Robert Toombs, for the first time in his life, was a fugitive. This man, who commanded men and had gained his o^vn way by sheer brain and combativeness, fied by stealth from a dreaded enemy. It was a new role for Toombs. His plucky young guide was resolved to accompany him in his fliofht — it misfht be to his death ; it was all the same to Lieutenant Irvin. Riding swiftly into Elbert County, the two men crossed over to Har- rison 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 he had been a " Know^-nothing," and had been exposed to Toombs' withering fire upon that class a oo > 3 ? M K O ■s; g TOOMBS AS A FUGITIVE. 289 of politicians. LeSeiir met tlie fugitive with a laiigli aud a friendly oath. "You have been fighting me for forty years/' he said, "and now that you are in trouble, I am the first man you seek for protection." General Toombs had not traveled too fast. The country was swarming with raiders. Ne^^'s of the captui'e of Davis 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 ofiicer that some prominent man was at the house. " If it ain't Jeff Davis, it is just as big a man," said he. The hint was taken. The island was suiTounded aud carefully ^vatched, but when the party went over to captm*e Toombs, the game was gone. General Toombs now started out carefully up the Savannah lliver. In Elbert, he Avas in the hands of his friends. This county, which had first encouraged the struggles of the young law. yer, which had follow^ed him steadfastly in his political fortunes, which had furnished soldiers for his brigade, now supplied protectors at eveiy step. Before leaving this county he 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 290 ROBERT TOOMBS. on tliis eventful trip. Pie ^vas afterward a high Mason, and remained to his death a devoted friend of the order. Continuing liis journey alone he stopped at the Tugaloo River in Habersham County, and re- mained at the house of Colonel Prather until Lieu- tenant Irvin, whom he had sent back to Wash- ington 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 Republican party." Toombs glared at him savagely. / "For the first time on this trip," says Lieuten- ant Irvin, " he looked like he wanted to kill me. He brought his fist down heavily upon the table and said : ' By God, I don't believe it ! ' " ' AYell 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. ^~~ T " This news," said Lieutenant Irvin, " absolutely sent the old man to bed." Toombs remained a week at Colonel Prather's, and in the meantime sent Lieutenant Irvin to Savannah with important letters. He desired to TOOMBS AS A FUGITIVE. 291 escape, if possible, tlirougli tlie port of Savannah. The 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-atrung, plucky young fellow, and was reproved by a Federal officer for continuing to wear brass buttons. Irvin retorted sharply, and was hurried 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 L'- vin was released and censured by the officer, who reminded him that there were bayonets about him. " Yes," retorted young Irvin, " and brave men ahvays avail themselves of such advantages." Trudmnfj; back from Savannah, Lieutenant Ir- vin found General Toombs at the Rembert place, near Tallalah Falls. This was a beautiful home in a wild, picturesque country, where Toombs ^vas less lia])le to capture than in middle Georgia, and where he was less kno^vn 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 Toombs passed the time deer-hunting in Hab- ersham. He had the steady hand and fine eye of 292 ROBERT TOOMBS. a sportsman, and lie was noted for liis liorseman- ship and endurance. Returning toward AVasliington tlirougli Elbert County, General Toombs decided to spend a niglit 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 up at the house of Colonel W. H. Mattox. It Avas well he did. That night a party of thirty soldiers raided the Martin planta- tion on a hot ti-ail, 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. He dispatched Lieutenant Irvin to Wash- ington with letters to his wife, telling her that he would not see her again until he 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 TOOMBS AS A FUGITIVE. 293 was veiy discreet as to whom lie took into Lis confidence. Once or twice be cautioned Lis companion against certain parties, to tLe surprise of tLe young man. Toombs, Lowever, read Luman nature pretty well, and, later, wLen tLe real cLar- acter of tLese persons developed, Irvin understood tLe counsels of Lis older friend. So carefully did General Toombs cover Lis tracks tLat Lieutenant Irvin, after Lis detour to WasLino^ton, was a lone; time in overtaking Lim. Traveling straigLt to Sparta, Lieutenant Irvin called on Judge Linton StepLens and asked about tLe general. TLis sLrewd Georgian came to tLe door and flatly de- nied knowing anytLing about Toombs. "He questioned me closely," said Lieutenant Irvin, " and finding tLat I was really wLo I pre- tended to be, finally agreed to take me to Toombs. Riding down to Old-Town, in Jefferson County, Ave failed to find Toombs, but receiving a clew tLat Le Lad passed tLrougL tLe David Dickson planta- tion in Hancock County, I accosted Mr. WortLen, tLe manager. ' Has an old man riding a gray Lorse passed tLis way,' WortLen was asked. He promptly answered, ' No.' Believing tLat Le was deceiving me, I questioned Lim more closely." WortLen tried to persuade tLe young man to get down and take some plums. He was evidently anxious to detain Lim. Finally Le eyed tLe stranger more closely, and, convinced tLat Le was tLe com- 294 ROBERT TOOMBS. panion wliom Toombs exj^ected, lie confessed tliat General Toombs liad been at his place and was then at the home of Major Gonder in Washing- ton County. Lieutenant Irvin had ridden over two hundred miles in this search and lost two or three days out of his way. Toombs covered his trail so care- full}'- that it was difficult even for his friends to find him. Small wonder that he was not captured by the enemy. Lieutenant Irvin was not yet "out of the woods." Reaching the home of Major Gonder 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 Irvin 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 Irvin, "I see you both know more than jow will confess." TOOMBS AS A FUGITIVE. 295 "If I do, I will die before I tell it," naively replied the elder. " Now I know you know wliere General Toombs is." " Then get it out of me if you can." Finally the young man persuaded her that he was the friend of Toombs, and Mrs. Gonder re- luctantly directed him to Colonel Jack Smith's over on the Oconee River. Riding up to Colonel Smith's, his valiant pur- suer spied General Toombs through the window. The head of the house, however, denied that Toombs was there at all. "But that looks very much like him through the window " said Lieutenant Irvin. " Youus: man " retorted Colonel Smith, " what is your name ? " Of course this disclosure led to the reunion of the fui^itive 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 men remained a week to rest their horses and take 296 ROBERT TOOMBS. tlieii' bearings. General Toombs spent miicli time on the Oconee trolling for trout, ^vllile bodies of Union cavaliy were watcliing tLe ferries and guarding the fords, seining for bigger iish. Passing into AVilkinson County, General Toombs stopped at the home of Mr. Joseph Deas. When Lieutenant Irvin asked if the pair could come in, Deas replied, "Yes, if you 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 sj^eak 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 politics with Toombs, and his sister asked him if he knew to whom he had been talkins; all night ? Deas said he did not. " Joe Deas," she said, " are you a fool ? Don't you know that is General Toombs ? " Strange to say, a negro on the place, just as they were leaving, cried out " Good-])y, Marse Bob." He 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 the TOOMBS AS A FUGITIVE. 297 thumbs by Slierman's troops a few montlis before because lie would uot tell where his master's mules were hiddeu. 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' brigade, and the general remained with him a week. General Toombs was sitting on the piazza of Colonel Hughes's house one afternoon wdien an old soldier asked permission to come in. He still wore the gray, and was scarred and begrimed. He eyed General Toombs very closely, and seemed to hang upon his words. He 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 you." At the izate he turned to Colonel Hu^-hes and said : " I know who that is. It is General Toombs. You can't fool me." " Why do you think so ?" Colonel Hughes asked. "Oh, 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 Repuldican and an enemy of General Toombs, thought he recognized him near 298 ROBERT TOOMBS. your house. He saw him t^vo hundred yards away. I heard him say he believed it was Toombs and he wished he had his head shot 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 keej) quiet and do nothing of the sort. It was at this time that Lieutenant Irvin found that the ferries of the Ocmulwe River were guarded from one end to the other. Near this place Davis had been captured and the Union troops w^ere on a sharp lookout for Toombs. Con- vinced that further travel mio-ht 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 month of Octo- ber that the fusritives a2:ain 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 must be ap- prehended. Davis was in irons, and Stephens lan- guished in a dungeon at Fortress Monroe. Passing once more near Sparta, Ga., Toombs met, by appointment, his friends, Linton Stej^hens, K. M. Johnson, AV. W. Simpson, Jack Lane, Edge TOOMBS AS A FUGITIVE. 299 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 tlieir old road througli Washington County, they crossed the 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- asce 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 want to take what you 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 house whose inmates he did not know, and whose rela- tives and connections he could not trace for genera- tions. Sometimes, when incognito, the two men were asked where General Toombs Avas. They answered, " Cuba." At Oglethorpe, in Macon County, General Toombs rode riii-ht throuo-h a g-arrison of Fed- eral soldiers. As one of his regiments came from this section, General Toombs was afraid that some 800 ROBERT TOOMBS. of liis old soldiers miglit 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, and, 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 in their fine horses, ''Gray Alice" and " Young Alice," than in the men. Jogging un- concernedly along until the to^^Tl 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 messeuo^er was sent back to the to^vn to mislead the soldiers should pursuit be attempted. From 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 wedding was on hand, and the bride happened to be the daughter of the host. Brown was a brave 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 garrison, horse, foot, and dragoons. At TOOMBS AS A FUGITIVE. 301 Dr. Kaiues' place, on tlie Chattahoochee Eiver, a horse drover happened to say something about Toombs. He gave the statesman a round of abuse and added : " And yet, they tell me that if I were to meet General Toombs and say what I think of him, I ^vould either have a fight or he would convince me that he was the biggest man in the world." Tired of the long horseback ride, having been nearly six months in the saddle, the men now secured an ambulance from Toombs' plantation in Stewart County, and crossed the river into Alabama. His faithful mare, ^^•llicll he 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 Wheeler, Avho was on board, did not take his eyes off him. Toombs became nervous 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 escaj^e, if detected. The soldiers frequently spoke to General Toombs, but he was not in the slightest way molested. At Mobile General Toombs took his saddle- 302 ROBERT TOOMBS. bags and repaired to tlie home of his friend Mr. Evans, about four miles from the city. There he was placed in the care of Howard Evans and his sister, Miss Augusta J. Evans, the gifted South- ern authoress. Anxious to conceal the identity of their guest, these hospitable young people dismissed their servants, and Miss Evans her- self cooked and served General Toombs' meals ^vith 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 was a Georgian herself, and with her this was a labor of love. These were among the most agreeable moments of General Toombs' long exile. He loved the companionship of intellectual ^vomen, and the con- versation during these days was full of brilliant interest. Miss Evans was a charming talker, as bright as a jewel, and Toombs was a Chesterfield mth ladies. The general "would walk to and fro along the shaded walks and pour forth, in his matchless Avay, the secret history of the ruin of Confederate hopes. General Toombs wrote home, in courtly enthu- siasm, of his visit to Mobile. Mn Stephens sent Miss Evans 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 TOOMBS AS A FUGITIVE. 3Q3 all our lives, giving sucli account of tlie kind at- tentions lie received from you and your father while in Mobile, that I cannot forbear to thank you and him for it in the same strain and terms as if these attentions had been rendered to myself. What you did for my friend, in this particular, you did for me." AVliile General Toombs was in Mobile, General Wheeler called upon the Evans family and re- marked that he thou^'ht he had seen General Toombs on the train. Miss Evans replied that she had heard General Toombs was in Cuba. Lieutenant Irvin went to New Orleans and secured from the Spanish Consul a pass to Cuba for " Major Luther Martin." At Mobile General Toombs took the boat Creole for New Orleans. He seemed to be nearing the end of his long journey, but it was on this boat that the dramatic incident occurred which threatened to change the course of his wanderings at last. AVhile General Toombs was at supper, he became conscious that one of the passengers was eying him closely. He said to Lieutenant Irvin : " Charlie, don't 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 sp}'.-' 304 ROBERT TOOMBS. Lieutenant Irvin asked what should be done. General Tooiubs told him to go out and question the man and, 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 stranscer followed him. Irvin walked toward the rail. The strano;er asked him where he was from. He answered " North Carolina.'" " Who is that with you ? " he questioned. "My uncle. Major Martin," said Irvin. The man then remarked that it looked very much like Kobert 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 your word, but that is certainly Toombs. I know him w^ell, and am his 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 Gulf of Mexico. General Toombs, when informed of the identity of Colonel Fulton, sent for him to come to his room, and the two men had a long and friendly conversation. Arriving at New Orleans General Toombs drove TOOMBS AS A FUGITIVE. 305 up to tLe residence of Colonel Marshal J. Smith. On the 4th of November, 1865, he boarded the steamship Alahama, the first of the Morgan line put on after the war 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 Toombs to go below until the ship cleared. But the buoyant Georgian persisted in walking the deck, and was actually recognized by General Humphrey Marshall of Texas, who had known him in the Senate before the ^var. " No," said Toombs to his companion's expostu- lations, " I want fresh air, and I will die right here. I am impatient to get into neutral watere, when I can talk. I have not had a square, honest talk in six months." By the time the good ship had cleared the harbor, everybody on board knew that .Robert Toombs, " the fire-eater and rebel," was a passenger, and hundreds gathered around to listen to his matchless conversation. Lieutenant Irvin never saw General Toombs again until 1868. He himself was an officer of the L'vin artilleiy, Cutts' battalion, being a part of Walker's artillery in Lougstreet's corps. Enter- ing the army at seventeen years of age, Charles E. Irvin was a veteran at twenty-one. He was brave, 30G ROBERT TOOMBS. alert, tender, and true. He recalls that Avhen liis company joined the anny in Richmond, Robert Toombs, then Secretary of State, gave them a handsome supper at the Exchange Hotel. " I remember," said he, " with infinite satisfaction, that duruig the seven months I accompanied General Toombs, in the closest relations and under the most trjdng positions, he was never once impatient mth me." Frequently, on this long and perilous journey, Toombs would say ; " Well, my boy ! suppose the Yankees find us to-day ; what will you do ? " " General, you say you won't be taken alive. I reckon they will have to kill me too." General Toombs often declared that he would not be captured. Imprisonment, trial, and exile, he did not dread ; but to be carried about, a prize captive and a curiosity through Northern cities, was his constant fear. He was prepared to sell his life dearly, 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. He talked incessantly to his young companion, who eagerly drank in his words. He fous^ht 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 TOOMBS AS A FUGITIVE. 307 speculated facetiously each day upon the chauces of capture. He calculated shrewdly enough his routes and plans, and when he found himself on terra flrnia, it was under the soft skies of the Antilles with a foreign flag above him. CHAPTER XXV. WraiOUT A COUNTRY. From Cuba General Toombs proceeded to Paris. It was early in July before lie reached his new stopping place. He found himself somewhat restricted in funds, as he had not had time to turn his property into gold to make his trip abroad. It is related that just after the departure of the famous " specie train," through Washington 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 would not even borrow this amount from his government. He turned it over to the authorities for the use of disabled Con- federate soldiers, and hurriedly scraped up 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. 308 WITHOUT A COUNTRY. 309 General Toombs repaired tQ Engliien, where lie took a course of siilpliiir baths for the benefit of his throat. Constant exposure with the army and in his flight 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 July, 1865, and he passed eighteen months quietly with her in Europe. It was in marked contrast to his tour in 1855, when, as United States Senator, he had gone from place to place, observed, lionored, 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 MJrabeau, to seek shelter in distant lands. France wm, at that time, in a state of unrest. Louis Napoleon was watching with anxiety the eagles of Prussia liovering over the German Con- federation. Austria had ah'eady succumbed to Prussian power, and Napoleon had been blocked in his scheme to secure, from this disorder, his share of the Rhenish provinces. Toombs, who had fled from a restored Union in America, now 310 ROBERT TOOMBS. watched tlie rnarcli of consolidation in Europe, and predicted its final success. General Toombs was an object of interest in Europe. His position toward the American gov- ernment prevented his public recognition by the rulers, but he used to relate with zest his interviews Avith 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 Judah P. Benjamin, he 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, Mi's. Dudley M. DuBose, in AVashington, 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 for the lonely exile. On December 25, 1866, he writes a beautiful and pathetic letter to his wife. While the deni- WITHOUT A COUNTRY. 311 zens of the gay city were deep in the celebration of the joyous Christmas feast, the Southern wan- derer, "with heart bowed down," was passing throu"-h the shadows, and suft'erino- in silence the keenest pangs of affliction. Around him the vo- taries of fashion and wealth were flushed with gayety. Paris was in the ecstasy of Christmas- tide. 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 night you left I retired to the room ancl did not go to sleep until after two o'clock. I felt so sad at parting witli you and could not help thinking what a long dreary trip you had tliat night. I shall have a long journey of five thousand miles to Havana, and do not know that I shall meet a human being to whom I am known, but if I keep well I shall not mind that, especially as I am home- ward bound ; for my hearthstone is 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 meal. I immediately came back to my room, and have seen nothing of Christmas in Paris. On January 1, 1867, he writes : This is the first of the new year. How sad it opens upon me ! In a foreign land, with all that is dear to Tue on earth beyond the ocean, either on the way to a distant home or at its desolate fireside. Well, I shall not nurse such gloomy 312 ROBERT TOOMBS. ideas. Let us hoj^e tliat the new year may be happier and that we may grow better. God knows I cannot regret that 1866 is gone. I hope its calamities will not enter with us into 1867. I had hoped to hear from New York of your safe arrival on the other side of the ocean. The loss of liis daiigliter Sallie was a severe blow to General Toombs. But two of liis chil- dren lived to be grown. His eldest daughter Louise died in 1855, shortly after her marriage to Mr. 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 bear his name. Away oif in Paris his heart yearned for his four little grand- children, left motherless by this ne^v affliction. He writes again from Paris : I 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. I 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 tlieir hearts ! IIow I long to see them and take them to my arms. God bless you ! Pray 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 thence to New Orleans. If he found it unsafe to remain in the South he con- cluded he could either go back to Cuba or extend WITHOUT A COUNTRY. 313 his travels into Canada. He liad promised his wife he would remain abroad for the present. But he writes : The worst that can happen to me is a prison, and I don't see much to choose between my present condition and any decent fort. I feel so anxious about you and the children that it makes me very wretched. From Paris, January 16, 1867, he writes : My preparations are all complete, and I leave to-morrow on the JUiew World for Havana and Xew Orleans, via Mar- tinique. I am well ; except m}^ throat. I shall have a long and lonesome voyage, with not mucli else to cheer me but that I shall find you and our dear little ones at the end of my journey. If I am permitted to find you all well, I shall be compensated for its fatigues and dangers. God grant that we may all meet once more in this world in health ! Yours truly and affectionately, as ever, Toombs. General Toombs returned to America and after a short residence in Canada went to Washington, where he had a lono* interview with his old sena- torial colleague. President Andrew Johnson. He went home from AYashino-ton and was never ag-ain molested. He made no petition for relief of political disabilities. He was never restored to citizenship. When Honorable Samuel J. Randall proposed his General Amnesty Act in 1875, Mr. Blaine and other Republicans desired to exclude from its provisions the names of Davis and Toombs. The Democrats would not accept this amendment, 314 ROBERT TOOMBS. and tlie bill was never passed. Once, wlien Sena- tor Oliver P. Morton asked General Toombs why lie did not petition Congress for pardon, Toombs quietly answered, " Pardon for wliat ? I have not pardoned you all yet." CHAPTER XXVI. COMMEXCrS'G LIFE AXEAV. "Whex General Toombs finally returned to Georgia it was with a great part of liis fortune gone, his political career cut off by hopeless disability, and his household desolate. These were serious calamities for a man 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, ^v•hicll gre^v 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 AYashington, 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 Robert Toombs was made of different 315 316 ROBERT TOOMBS. stiift*. Associating himself iu tlie practice of Lis profession witli General Dudley M. DuBose, who had been his chief of staff, and ^vas his son-in-law, an able and popular man in the full vigor of man- hood, General Toombs returned actively to the practice of law. He w^as not long in turning 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. Lai'ge fees were readily commanded. He was employed iu important cases in every part of Georgia, and the announcement that Robert Toombs was to appear before judge and jury was enough to draw large crowds from city and country. His old habits of indomitable industry returned. He rode the circuits like a young barrister again. He was a close collector of claims, an admirable administrator, a safe counselor, and a bold and fearless advocate. In a short time General Toombs' family found themselves once more in comfort, and he was the same power wdth the people that he had always been. Cut off from all hope of official promotion, scorning to sue for political pardon, he strove to wield in the courts some of the power he forfeited iu politics. He figured largely in cases of a public nature, and became an outspoken tribune of the people. He did not hesitate to face the Supreme COMMENCING LIFE ANEW. 317 Court of Georgia, then made up of Eepublican judges, and attack tLe laws of a Republican legis- lature. Among the bills passed at that time to popularize tlie legislature witli the people, was a series of liberal homestead and exemption laws. They w^ere the relief measures of 1868. By these schemes, at once rigorous 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 Bullock 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. AVheu he arose in court, there stood with him, he 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 Hardeman against Downer, in June, 1868, he declared before the Supreme Court that these homestead laws put a premium on dishonesty and robbed the poor man of his capital. " But 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 such claims as these you now bring ? " " Yes, may it please the Court," said 318 ROBERT TOOMBS. Toombs, shaking his leonine locks, " there can be no doubt that it was the intention of the legisla- ture to defraud the creditor ; but they have failed to put their intention in a form that would stand, so it becomes necessary for this Court to add its own ingenuity to this villainy. It seems that this Court is makino; laws rather than decisions." In one of his dissenting opinions upon these laws, Justice Hiram Warner declared that he would not allow his name to go down to posterity steeped in the infamy of such a decision. General Toombs 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 adventui'ers and ignorant men, and public credit was freely voted away to new enterprises. The State was undeveloped, and this wholesale system of public improvement became popular. Un\vorthy men were scrambling for public station, and the times were out of tune. In the midst of this demoralization Toombs was a pillar of fire. He was tireless in his withering satire, his stinging imvective, his uncompromising war upon the misgovernment of the day. Here was a fine field and a rare occasion for his pungent criticism and denunciation. His utter- ances were not those of a political leader. He was not trimming his sails for office. He did not shape COMMENCING LIFE ANEW. 319 his conduct so as to be considered an available man by the North. He fought error wherever he saw it. He made no terms ^v'ith those whom he considered public enemies. He denounced radical- ism as a " leagued scoundrelism of private gain and public plunder." In opposing the issue of State bonds to aid a certain railroad, he declared that if the legislature saddled this debt upon the taxpayers, their act would be a nullity. " AYe will adopt a new con- stitution with a clause repudiating these bonds, and like JEtna spew the monstrous frauds out of the market ! " " You may," he said, " by your deep-laid schemes, hill tlie thoughtless, enlist the selfish, and stifle for a while the voices of patriots, but the day of reckoning will come. These cormoi'ant corpora- tions, these so-called patriotic developers, w^hom you seek to exempt, shall pay their dues, if justice liv^es. By the Living God, they shall pay them." " Georgia shall pay her debts," said Toombs 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 Avith other Georgians did come forward and lift the pressure. Sometimes he talked in a random way, but responsibility always sobered him. He Avas impatient of fraud and stupidity, often full of ex- 320 ROBERT TOOMBS, aggerations, but scrupulous ^vlien the truth was relevant. Always strict aud honorable in his en- gagements, he boasted that he never had a dirty shilling in his pocket. The men who "left 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. Tliey will uproot an oak or pick up a pin. They would steal anything from a button to an empire." On one occasion he was 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 Avill take a^^'ay a heap of experience. I expect when a man gets to be seventy he 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 COMMENCING LIFE ANEW. 321 be allowed, while conducting his case, to abuse a coordinate branch of the government. General Toombs was informed that if he persisted in this practice he 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 Plonors, 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 accoimt of an interview between General Gordon and Mr. Tilden in 1880, Gordon told Tilden that he was sorry he could not impart to Tilden some of his own strength and vitality. " So my brother told me last year," answered Mr. Tilden. " I have since followed him to the grave." Toombs read this and remarked that Tilden did not think he was going to die. " No 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 322 ROBERT TOOMBS. the Kimball House in Atlanta ^vliat he thought of the North. " My opinion of the Yankees is apostolic. Alexander the coppersmith did me much evil. Tlie 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 Toombs, " we just wore ourselves out whipping you." He spoke of the spoliators in the State Legis- ) lature as " an assembly of manikins whose object I is never higher than their breeches pockets ; i seekers of jobs and judgeships, anything for pap or plunder, an amalgamation of white rogues and blind negroes, gouging the treasury and disgrac- j 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 more 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 COMMENCING LIFE ANEW. 323 a reformer, dead in earnest. It was owing to liis constant arraignment of illegal acts of the post- bellum regime that the people finally aroused, in 1870, and regained the State for white suprem- acy and Democratic government. He challenged the authors of the Reconstruction measui'es to dis- cuss the constitutionality of the amendments. Charles J. Jenkins had already carried the cause of Georgia into the courts, and Linton Stephens, be- fore United States Commissioner Swayze in Macon, had made an exhaustiv^e argument upon the whole su1>ject. Toombs forced these issues constantly into his cases, and kept public interest at white heat. CHAPTEK XXVII. DAYS OF EECONSTRUCTIOlSr In" July, 1868, tlie people of Georgia made tlie first determiued stand against the Kepul^lican party. John B. Gordon Avas nominated for Gov- ernor, and Seymour and Blair had been named in New 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 the new order of things. Robert Toombs, Howell Cobb, and Benjamin H. 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 l)oys speak of it to- day with kindling ardor. "Few people," said Toombs in 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 324 DAYS OF RECONSTRUCTION. 325 generation, tropLies wortliy to be laid at the feet of Jehovali himself. Those whose blades glittered in the foremost ranks of the Northern army on the battlefield, with a yet higher and nobler pur- pose denounce the base uses to which the victory has been applied. The old shibboleths of victory are proclaimed as li^dng principles. Whatever else may be -lost, the principles of Magna Charta have survived the conflict of arms. The edicts of the enemy abolish all securities of life, liberty, and property ; defeat all the rightful ]:)urposes of government, and renounce all remedies, all laws. General Toombs denounced the incompetency 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 Lonsrstreet, who liad been a member of the Republican party. General Toombs said : " I Avould not have him tarnish his own laurels. I res]:»ect his courage, honor his de- votion to his cause, and i-egret 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 Reconstruc- 326 ROBERT TOOMBS. tion Acts " stared out in their naked deformity, open to tlie 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. But 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 his Bush Arbor effort was a fine sample of his fervid speech : "All these and many more -wTongs have been heaped upon jow, my countr}Tnen, without your consent. Your con- sent alone can give the least validity to these usur- ]3ations. Let no power on earth wring that con- sent from you. Take 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 DAYS OF RECONSTRUCTION. 32V Situation," delivered one of the most memorable speeches of his life. It was a moving, overmaster- ing appeal to the people to go to the polls. AVhen this oration was over, the audience was almost wild, and Robert Toombs, standing on the plat- form, in his enthusiasm threw his hat away into the delighted throng. A young bright-faced boy / jiicked it up and carried it back to the speakers' ' stand. It was Heniy Grady. The defeat of the National Democratic party in 1808 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 Charta. It was just the reverse in style and conception to his fervid Bush Arbor oration. It was submitted to manuscript and was read fi'om notes at the speakers' stand. AVith the possible exception of hisTremont Temple lectui'e, 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 \vere 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 Bepublican ranks in 1872 Avere already marked in the quick perception of Toonibs, and this admir- 328 ROBERT TOOMBS. able state paper was framed to put the issue before the public in a sober, statesmanlike wa}^, and to draw the people back to their old moor- iuffs. This lecture was delivered in all the lar^e \ cities and many of the smaller tow^ns of Greorgia, j and had a great effect. Abeady there had been ' concerted appeal to Georgians to cease this politi- cal opposition and " accept the situation." Even statesmen like Mr. Hill had come round to the point of advising the people to abandon " dead issues." The situation w^as more desperate than ever. In his Mao^na Charta lecture Mr, Toombs said that Algernon Sidney had summed up the object of all human wisdom as the good government of the people. " From the earliest ages to the pres- ent time," said he, " there has been a continued contest between the wise and the virtuous who wish to secure good government and the corrupt who were unwilling to grant it. The highest duty of every man, a duty enjoined by God, was the service of his country." This was the great value of the victory at Runny mede, 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. Magna Charta had been overridden and trampled underfoot by brave ty- rants and evaded by cowardly ones. There had DATS OF RECONSTRUCTION. 329 been ino-enious scliemes to destroy it. The men of '76 fought for Magna Charta. These principles liad been prominent in our Constitution until a Kepublican 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 maintain its teachings. " The assassins of liberty are now 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 than his more fiery appeals. General Toombs was a potent leader in the campaign, though not himself a can- didate or even a voter. General D. M. DuBose, his law partner, was elected to Congress this year, and the Democratic party secured a majority in the State Leo-islature. Amona^ the men who shared in the redemption of the State Kobert 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 Reese declared, abounded 330 ROBERT TOOMBS. with wisdom wMcli caused liim years of reflection and observation. He liad been reared upon a farm. His interests, as his sympathies, were with these people. He remained in active management of ]iis large plantation, Roanoke, in Stewart County, during the period when he was a member of Congress and even when he was in the army. Two or three times a year he made visits to that place and was always in close communication with his overseers. He loved the work and was a suc- cessful farmer. A fondness for gardening and stock-raisins^ remained with him until his last years. Even in a very busy and tempestuous life, as he characterized it in speaking to Judge Eeese, a spacious garden, with orchards and vineyards, was to him an unfailing source of recreation and pleasure. He writes 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 eifort should be made to put tliem in the best condi- tion." IVritine: from Richmond of the condition of Lee's army in March, 1862, he does not forget to add : " I am sorry to know that the prospects of the crops are so bad. One of the best reliances now is the garden. Manure high, work Avell, and keep planting vegetables." From Roanoke, in 1868, he writes; "My plantation affairs are not in DAYS OF RECONSTRUCTION. 331 as good condition as I would wish. I liave lost a great 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 the trenches to his ^^•ife : " Tell Squire to put your cows and GabrieFs in the volunteer oatfield. Every day we hear cannonading in front." It was in 1869 that General Toombs made one of his great speeches at the State fair in Columbus, in the course of which he used this expression ; " The farmers of Georgia will never enjoy general prosperity until they quit making the West their corncrib and smokehouse." It was in that same speech that Toombs said, referring to the soldiers of the South ; " Liberty, in its last analysis, is ( but the sweat of the poor and the blood of the ) brave." Most of the 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 self- reliance. Attrition and culture have 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 Toombs was invited by the alumni of the Uni^'el•sity of Georgia to deliver the annual address durino- commencement week. A lars^e crowd was in attendance and the 332 ROBERT TOOMBS. veteran orator received an ovation. He departed from Lis 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 read more than one quarter of his speech when this complication was discovered, and he was unable to find the missing sheets. Governor Jenkins, who was sitting on the stage, whispered to him ; " Toombs, throw away your manuscript and go it on general princi- ples." The general took oif his glasses, stuffed the mixed essay into his pocket, and advanced to the front of the stao-e. He was received ^\\i\\ a storm of applause from the crowd, who had relished his discomfiture and were delighted with the thouo^ht 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. No 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. Mr. Stephens edited the Atlanta Sun, and these two friends once more joined their great powers to prevent DAYS OF RECONSTRUCTION. 333 tlie consummation of what they regarded as a vast political mistake. Greeley carried the State by a very reduced majority. In January, 1873, Avhen Mr. Stephens was de- feated for the United States Senate by General John B. Gordon, General Toombs called a meet- in o- of the leaders of the ei2;hth district in his room at the Kimball House in Atlanta, and nominated his friend Alexander Stephens for Congress. He needed no other indorsement, lie was elected and reelected, 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 accej^tiug office, ! and se]5arating himself from his oTd friends and allies, broughFdown upon him the opprobrium of most of the people. It was at a time when Charles J. Jenkins had carried aAvay the great seal of Geor- gia and refused to surrender it to a hostile govern- ment. It was at a time when Linton Stephens, the most vigorous as tlie 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- 334 ROBERT TOOMBS. crated by fhe people who liad honored him. His name, for a while, Avas a byword and a reproach. Mr. Stephens defended his position as conscien- tious if not consistent, and gave Governor Brown the credit for the purity as well as the courage of his convictions. Governor Brown bore the con- tumely ^vith patience. He 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 he simply occu- pied in advance the ground to which 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 General Toombs 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 shadows of its long probation. On one occasion in Atlanta, in July, 1872, Gen- eral Toombs 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 BAYS OF RECOKSTRUCTIOX. 335 declaring tliat if Toombs accused him of lobbying this claim, he was an " unscrupulous liar." The reply did not attract much attention until it be- came known that General Toombs had sent a friend to Governor Brown to know if the latter would accept a challenge. Colonel John C. Nicholls was the friend, and Governor Brown re- turned the answer that when he received the challenge he would let him know. General Toombs did not push the matter further. The af- fair took the form of a newspaper controversy, which Avas conducted with much acrimony on both sides. Colonel NichoUs stated in print his belief that Governor Brown would not have accepted a challeno^e but would have used it to Toondjs' 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. He had pre- pared his resignation as a deacon of the Baptist Church, and 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- 336 ROBERT TOOMBS. larity and influence in Georgia. General Toombs was censured for provoking Governor Brown into the attitude of expecting a challenge and then de- clining to send it. Both General Toombs and Mr. Stephens were believers in the code of honor. Mr. Stephens once challenged Governor Ilerschel V. Johnson, and at another time he called out Hon. Ben- jamin II. Hill. General Toombs peremptorily challeno-ed General D. H. Hill after the battle of Malvern Hill. In 1851), Avhen United States Senator Broderich was killed by Judge Terry in California, ]\Ir. Toombs 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. AYhile I lament his sad fate, I have no censure f(jr 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 XXVIIL HIS LAST PUBLIC SERVICE. OxE of the reforms advocated by General Toombs upon the return of the white people to the control of the State Government was the adoption of a new State Constitution. He never tired of declaring that the organic law of 1868 was the product of '' aliens and usurpers," and that Le 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 [)eople 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. Jenkins ^vas elected president ot the convention. He had been de- posed from the office of Governor of Georgia at tile point of the bayonet in 1866. He had carried the case of the State of Geor«:ia before the national Supreme Court and contested the validity of the 337 338 ROBERT TOOMBS. Reconstruction measures. He had carried witli liin], when expelled from the State Capitol, the great seal of the State, which he restored when the government was again remitted to his own people, and in public session of the two houses of the General Assembly, Governor Jenkins had been presented ^vith a facsimile of the great seal, ^vith the fitting words cut into its face, "In Arduis Fidelis." These words are graven on his monu- ment to-day. He was more than seventy years of age, but bore himself with vigor and ability. There was a strong re2:)resentation of the older men who had served 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 course, 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 w^alked 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 on 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 EIS LAST PUBLIC SERVICE. 339 were submitted the reports of the 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 was discussed in open convention. General Toombs was practically in charge of the whole business of this body. He closely attended all the sessions of the convention, which lasted each day from 8.30 in the morning to 1 o'clock p. m. 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 younger men, who knew him mainly by tradition. General Toombs 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 le2:islature 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 340 ROBERT TOOMBS. debate upon lowering the salaries of public oflftcers, a policy which finally prevailed. During the progress of this debate General Toombs arose im- patiently in his place and declared that, " The whole finances of the State are not included when we are speaking of the Governor's salary, and you spend more in talking about it than your children ■ will have to pay in forty years." Occasionally he was betrayed into one of his erratic positions, as when he moved to strike out the section against dueling, and also to expunge from the bill of rights all restrictions upon bearing arms. He said: "Let the people bear arms for their own protection, wdi ether in their boots or wherever they may choose." But his treatment of public questions was full of sound sense and discretion. He warned the convention that those members who, 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 new constitution, were making a rash mistake. They would array a new class of enemies and imperil the passage of the new law. He advocated tlie 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 ms LAST PUBLIC SERVICE. 341 law calling that Court into being forty years be- fore, lie 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 took the selection of the judges and solicitors from the hands of the Governor and made them elective by the General Assembl}^ 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." He reminded the convention that a new and ignorant element had been thrown in among the people as voters. " We must not onl}^ protect our- selves against them, but in behalf of the poor African," said he, "I would save him from himself. These people are kind, and affectionate, but their previous condition, whether by your fault or not^ 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." 342 ROBERT TOOMBS. In ans^ver to tlie argument that those States which had given the selection of judges to the people liked it, General Toombs replied that this did 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 Toombs prevailed in this point. He was also the author of the resolu- tion authorizino; the leo-islature to lew a lax to furnish good substantial artificial limbs to those who had lost them during the war. General Toombs 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. He had seen monstrous abuses grow up 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 Georg-ia had never loaned her credit from the time when Oglethorpe landed at Yama- craw up to 1866, and she should never do it again. He wanted this license buried and buried forever. His policy prevailed. State aid to railroads was prohibited ; corporate credit cannot now be loaned to public enterprises, and municipal taxation was wisely restricted. Genei-al Toombs declared with satisfaction that he had locked the door of the EIS LAST PUBLIC SERVICE. 343 treasury, and put the key into the pocket of tke 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- latui-e 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 w^as one of bayonet usurpation. Within a few days the legislature had loaded the State down with fi'om ten to fifteen millions of the " bosrus bonds." The term '' repudiation " was distasteful to many. The bondholders did not relisli it ; but lie 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 my strenuous opposition. The legislature has 344 ROBERT TOOMBS. again and again declared tlie claims fraudulent. The people have spoken. Let the bonds die." The convention agreed with Toombs. On the 16th of August 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 diern dui^ing 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 uncei'tain claim. The convention, however, was not left long in doubt. AYith a heroic and patriotic abandon^ General Toombs declared that if Georgia would not pay her debts, he would pay them for her. Selling a dozen or two United States bonds, he placed the EIS LAST PUBLIC SERVICE. 345 proceeds to tlie credit of tlie president of tlie con- vention, who was authorized in turn to issue notes of $1000 each and deposit them with Gen- eral Toombs. The act was spontaneous, whole- souled, dramatic. It saved the convention and rehabilitated the State with a new constitution. By a rising and unanimous vote General Toombs was publicly thanked for his pidjlic-spirited act, and the old man, alone remaining in his seat in the convention hall, covered his face with his hands, and shed tears durins; this unusual demonstration. AVhen the convention had under review the bill of rio-hts, General Toombs created a breeze in the proceedings by proposing a paragraph that the leg- islature should make no irrevocable grants of special privileges or immunities. The proposition received a rattling fire from all parts of the house. Governor Jenkins 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 Georgia. This was the first intimation of the master struo-o-le which General Toombs Avas about to make, an advance against the corporations all along the line. It Avas the picket-firing before the engagement. General Toombs had made a studv of the 346 ROBERT TOOMBS. whole railroad question. He was a master of the law of corporations. He maintained a peculiar attitude toward them. He never invested a dollar in their stock, nor would he accept a place at their council boards. He rarely ever served them as attorney. When 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 Railroad 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 Gulf Rail- road, to control that road, was iiltra vires. He had conducted the case of Arnold DuBose against the Georo-ia Railroad for extortion in freiij-ht charges. The principles he had gleaned from this la- borious record made him resolve to place 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 EIS LAST PUBLIC SERVICE. 347 England, and Lad studied the American reports on tlie right and duty of the state to reguhxte rail- road companies. He 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 tune," said Toombs, " it has never been denied that the state has power over the corporations." At once the State Avas in an uproar. "Toombs is attempting a new revolution," was alleged. He was charged with leading an 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 Tooml)s was not an agrarian. His move- ment against the corporations was reenforced by delegates 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. He never appeared 34g ROBERT TOOMBS. to finer aclvantao:e. His voice lacked its old-time I'iug, Lis beard was gray and his frame was bent, but lie 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 use. 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 extoi'tion. 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 ; " We have grown ricli in spite of your oppressions." Shall we not restrain this tax- HIS LAST PUBLIC SERVLCE. 349 gatlierer wlio lias no judge but liimself, no limit but liis avarice ? General Toombs wanted it placed in the consti- tution tliat tlie legislature shall pass these laws restrietino^ railroads. He declared he had twice drawn bills for that purpose ; they 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 ? 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 Geoi'gia govern the corporations or the corporations govern Georgia ? Choose ye this day whom ye shall serve ! " 350 EGBERT TOOMBS. Tlie liouse rang witli applause. Members clustered about the old man as about the form of a propbet. 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 Robert Toombs, grim and triumphant, closed his legislative career, and claimed this work as the crowning act of his public labors. These principles are contained in Article IV. of the State constitution of Georo-ia. It declares the rio-lit of taxation to be sovereio:n, 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 the General Assembly, whose duty it shall be to pass laws for the same ; that the right of eminent domain shall never be abridged ; that any amendment to a charter shall bring the charter under the provisions of the Constitution; that the General Assembly shall have no authority to authorize any corporation to buy shares of stock in any other corporation, which shall have the eifect to lessen competition or encourage monopoly. No railroad shall pay a rebate or bonus. Under these provisions, the Railroad Com- mission of Georgia was organized in 1879. This mS LAST PUBLIC SERVICE, 351 idea, as it finally ^YO^ked out, was General Toombs'. He did uot favor fixing tlie rates in the law, but tlie creation of sueli a commission to carry out these provisions. The present law was framed by Judge William M. Reese, Hon. Samuel Barnett, Ex-Senator H. D. McDaniel, and Superintendent Foreacre of the Kichmoud and Danville Railroad. It has worked well in Georo-ia. 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 ])rospered, and leads the Union to-day in railroad buildino;. And when, durino- a recent session of the legislature, an attempt was made to war upon railroad consolidation, the saving, overmastering, crowning argument of the railroads themselves was that General Toombs had already secured protection for the people, and that, inider his masterly handiwork, the rights of property and the rights of the people were safe. 352 ROBERT TOOMBS. When the convention had concluded its labors, General Toombs went before the people and threw himself ^vith enthusiasm into the canvass. He took the stump, and everywhere his voice was heard in favor of the adoption of the ne\v organic law. Many of the officers whose term had been cut off, and whose salai'ies 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. Eobert A. Toombs " commanded a company made up of vol- unteers from AVilkes, Elbert, and Lincoln counties, a negro named Kinch went along as whisky sut- ler. As he served out the licpior, some of the sol- diers complained of the price he asked. His an- swer was, " "Well, sir, if you don't like it, sii', 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. DOMESTIC LIFE OF TOOMBS. There never was a pii])lic man in America whose lionie life was more beautiful or more tender tlian that of Robert Toombs. As great as were his public virtues, his lofty character, and abilities, his domestic virtues were more strikins; still. He was a man who loved his family. In 1830 he was married to Julia A. Dubose, with whom he 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, he wrote that he would rather see her than " save the State." He considered her in a thousand ways. He never disappointed her in coming home, but, when travel- ing, always returned when it was possible, just at the 353 354 ROBERT TOOMBS. time lie liad promised. During the exciting scenes attending liis first election to the United States Senate, lie writes that lie feels too little interest in the result perhaps for his success, and longs to be at home. Political honors did not dra^v him away from his devotion to this good woman. He 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. Durino- 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 ^voman's love. A man of great deeds and great tempta- tions, of great passions and of glaring faults, he never swerved in loyalty to his wedded love, and no influence ever divided his alles-iance there. Writing to her on May 15, 1853, while he was United States Senator, he says : My Dear Julia : Tliis is your birthday, whicli you bid me remember, and this letter will show you that I have not forgotten it. To- day Gus Baldwin and Dr. Ilarbin dropped in to dinner, and we drank your good healtli and many more returns in health and happiness of the 15th of May. I did not tell them that you wei'e forty, for it might be tliat some time or other you would not care to liave 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 the same lovely DOMESTIC LIFE OF TOOMBS. 355 and loving, true-liearted Avoman 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 budding rose. I have thrown my mind this quiet Sunday evening over that large segment of human life (twenty-tiiree years) since we were married, and whatever of happiness memory 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, but I have won them by labor, and toil, and strife, whose memory saddens even success ; but the pure joys of wedded love leave none but pleasant recollections which one can dwell upon with delight. These thoughts are dearer to me than to most men, because I know for Avhat- evel- success in life I may have had, whatever evil I may have avoided, or whatever good I may have done, I am mainly indebted to the beautiful, pure, true-hearted little black-eyed girl, who on the 18th of November, 1830, came trustingly to my arms, the sweetest and dearest of wives. You need not fear, therefore, that I shall forget your birthday. That and our bridal-day are tlie brightest in my calendar, and memory will not easily part with them. Yours, Toombs. So well known Avas this domestic trait of jNIr. Toombs that Bishop Beck\\'ith of Georgia, in delivering;: his funeral sermon, declared that " no knio-ht, watch ino- his sword before the altar, ever made a holier, truer, or purer vow than when Kobert Toombs stood at the marriage altar more than fifty years ago. The fire that burned upon the altar of his home remained as pure 356 ROBERT TOOMBS. and unfailing as tlie perpetual offering of Jeru- salem," Mrs. Toombs was a woman of warm lieart 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 husband, and finally, when she had closed her eyes in peace, brought him to the altar \A'here 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 her. Her face ^vas, in some respects, not 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 Roljert Toombs Avas 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 her bedside for several weeks. In November, 1880, General and Mrs. Toombs cele- brated their golden wedding, surrounded by their grandchildren and friends. It was a beautiful sight to see the bride of half a century with a new wedding ring upon her finger, playing the piano, while the old man of seventy essayed, like Wash- DOMESTIC LIFE OF TOOMBS. 357 ington, to dance the minuet. Tlie old couple surv^ived their three children, and lived to bless the lives of grandchildren 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 afliairs, her eyes lighting, now and then, the. wonderful conversation that fell from his elo- quent lips." General Toondjs was a liberal provider for his family, and his grandchildren and connections were constant objects of his bounty. Large sums were spent in charity. No church or benevolent insti- tution appealed to him in vain. His house was open, and his hospitality ^vas princely and prover- bial. No one \vas more genial at home. Few prominent persons ever visited Washington ^vith- out being entertained by Toombs. His regular dimiers to the bar of the circuit, as, twice a year, the hiwyei'S came to Washington to court, are re- membered by scores of Georgians to-day. On one occasion when the townspeople ^vere discussing the need of a hotel, General Toombs indignantly replied that thei'e was no need for any such place. "If a respectable man conies to to^vn," said he, 358 ROBERT TOOMBS. " lie can stay at my house. If lie isn't respectable, we don't want liim here at all." No relio-ious conference could meet in AVasli- iuo-ton that the Toombs house was not full of guests. Many Northern people visited the place to hear the statesman talk. Newspaper corre- spondents sought him 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. Genei'al Toombs was not solely a raconteur. He 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, have been enchanted by his sage and spirited conversation, as his leonine features lighted up, and his irresistible smile and kindly eye forced good- humor, even 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, dechires 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, elo(pU'nce, and logic until the listener w^ould be DOMESTIC LIFE OF TOOMBS. 359 entliralled by his Ijrilliaucy and power. He de- lighted to talk with intellectual men and women. He was im})atient with triflers or dolts. He crit- icised unsparingly, and arraigned men and measures summarily, but he was a seeker after truth, and even when severe, was free from malice or envy. General Toombs was a man of tender sympa- thies. Distress, of his friends moved him to prompt relief. In 1855 a friend and kinsman, Mr. Pope, died in Alahama. He had been a railroad con- tractor and liis affairs were much involved. Gen- eral Toombs promptly went t<^ his place, bought in his jH'operty for the family, and left the })lace 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 nnist pour out ray sorrows to someone, and wliom else c;in I look to but to one who, ever faithful and true, has had my wliole heart from my youth till now ? This has been one of the dark and sad days of my life. Tlic remains of my lost friend ]Mr. Pope came down on the ears tliis morning. I met them alone at the depot, except (ins. Bahlwin and the hired hr.nds. This eveniiio- I accom- panied the remains to the boat. Oh, it was so sad to see one whom so many people professed to love, in a strange place, conveyed by hirelings and deposited like merchan- dise among tlie freight of a steamboat on the way to his long hoine. I can scarcely write now, at the thought, through tiie blindness of my own tears. As I saw him placed in the apjiointed spot among the strangers and bustle of a departing boat, careless of who or what he was, 360 ROBERT TOOMBS. I stole away to the most 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. But 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. He was a good and an up- right man ; never gave ofl^ense to a human being. ITis family are ruined, but his only fault was w^ant of judgment, and too great confidence in his kind. He could not make money, and it really seemed that his every effort to do so plunged him deeper into debt. His great fault was a con- cealment of his own difficulties and trials. I would have done anything to have relieved them upon a full disclosure. He was idolized at home, and 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 aTid am sensitive of my ow^n weakness. I could not find relief without pouring out ni}' sorrows to j'ou. There let them rest. Yours, ^Toombs. General Toombs resided in a three-story frame house ill Washington, built after the manner of the olden time, with the spacious piazza, heavy columns, the wide door, and the large rooms. He 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 DOMESTIC LIFE OF TOOMBS. 3G1 with him. AVhile iu Europe lie 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 re- sumed it. Fond of his dry smoke, he had a pe- culiar cigar made to order, very closely wrapped, with fine tobacco. General Toombs made frequent trips away from home, even during the latter part of his life. The State retained his services in 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 sunuuoned to Atlanta in 1 880 to prosecute a defaulting State treasurer. He 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 larsre number of friends attended the court, convinced that General Toombs was Hearing the end of his great career, and were as- 362 ROBERT TOOMBS. touncled at tlie manner in wliieli lie delivered liis argnnient. As lie' concluded Lis address lie turned in Lis place and caiiglit tlie eye of Rev. Fatlier J, M. O'Brien, an old friend of Lis. "Wliy, FatLer O'Brien," Le said, wringing Lis Land, " I am glad to see you taking an interest in tLis case. Tliese people are trying to usurp your functions. Tliey want to grant tlie defendant absolution." " But, General," replied tlie quick-witted priest, " even I could not grant al^solution until Le Lad made res- titution." '' Tliat's tlie doctrine," said tlie deligLted lawyer, pleased to find tLat tlie point of Lis speecli Lad taken so ^vell. His face was all aglow witli tlie gaudia cericiminis of tLe forum. TLis was Lis last appearance in court, and Le won Lis case. His motlier Georsfia claimed Lis allei»:iance al- ways, and Le gave Ler his last and best powers. He worked for tLe commonwealtli, and gave tLe people more tLaii lie ever received in return. In Augusta, in 1871, wLeii lie appeared before tlie Georo-ia Railroad Commission and arraigned tlie lease of tlie State road as illegal and uii- Lallo^ved, lie declared in a burst of indignation ; " I w^ould ratlier be buried at tLe public expense tlian to leave a dirty sliilling." It was tlie acme of Lis desire to live and die like a gentleman. He Lad always been a safe financier. Scorning wealtli, lie Lad early found liimself w^ealtliy. It is estimated tliat lie made more tliaii a million dol- DOMESTIC LIFE OF TOOMBS. 363 lars by liis law practice after the war. He speut his money freely, careful always to avoid debt. Further than tins, he kept no account of his means. Like Astor, he invested much of his hold- ings in land, and owned a large number of fine plantations in middle Georgia. When he died his estate probably reached two hundred thou- sand dollars. CHAPTER XXX. HIS GEEAT 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. Xo man despised hypocrisy more than he did, and no one would have asked any sooner to be painted as lie 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 hour. Like Webster and Clay, he was made up of human frailty. As his intimate friend, Samuel Barnett, said of him : '' In spite of splen- did physique, a man of blood and passion, he was not only a model of domestic virtue, but he avoided the lewd talk to whicli many prominent men are addicted. A fine sportsman and rider, a splendid shot, he 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 304 III8 GREAT FAULT. 365 li(|iiors. This liabit grew upon him, especially after the failure of the Vv'ar. A [)roiul, imperious nature, accustomed to great lal)ors and great re- sponsibilities, was left without its main resource and supplied ^vith 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 ahvays 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, ho^vever, grew upon him. The want of a physical check was bad. This was 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 ^vine, was racy, extravagant, and fine, and his say- ings too often found their way into print. In this way great injustice Avas done to the life and char- acter of Robert Toombs, and Northern men Avho read these quaint sayings and redolent vaporings formed a distorted idea of the man. To a Northern correspondent who approached 366 ROBERT TOOMBS. him (luring one of these periods, General Toombs said : " Yes, a gentleman whose intelligence revolts at usurpations must abstain from discussing the principles and policies of your Federal government, or receive the kicks of crossroad sputterers and press re[)orters ; must either lie or be silent. They know only how to bra^vl and scrawl ' hot- head ' and ' impolitic maniac' Why, my free negroes know more than all your bosses. Now, damn it, put that in your paper." Robert Toombs was built to live ninety years, and to have been, at Gladstone's age, a Gladstone in power. He took little pains to explain his real nature. 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 forward his deformed foot. He was utterly indifferent to posthumous fame. Time and a«:ain 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." With all his faults, his were strong principles and generous impulses. " We kno^\^ something of what 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. niS GREAT FAULT. 3G7 Oue who was very uear to Toombs iu bis lust days said of him w^heu he was dead: "It was a thing of sorrow to see this Diajestic old man pausing to measure his poor strength Avith a con- firmed habit, rising, struggling, falling, and pray- ins: 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 iu the White House. He was clever and correct. Zachary Taylor w^as the most ignorant. It ^vas amazing how little he knew. Van Bureu was shrewd rather than sagacious. Tyler was a beautiful speaker, but AVebster declared that a man who made a pretty speech was fit for nothing else." Toombs met Abraham Lincoln while he was in Cono-ress. He related that Mr. Lincoln once objected to sitting down at table because he was the thirteenth man. Toombs told him that it was better to die than to be a victim to suj^erstition. At the LEampton 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 tlie Bible and Shakespeare remained, letters would not be nmcli the poorer. Shake- speare was his standard. lie ^^'as fond of Swe. denborg, and in his early youth relished Tom Paine. y General Toombs had a great affinity for young men, upon whom he exerted a great influence. He once said to a party of friends that gand^ling 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 he will have the sympathy of his sober friends and the sup port of his drinking ones." CHxiPTER XXXI. HIS LAST DAYS. In 1880 General Toombs appeared in Atlanta, and addressed the Georgia Legislatnre in belialf of tlie candidacy of General A. 11. La^vton for the United States Senate. His appearance, as he walked up the aisle, grim, venerable, and deter- mined, awoke wild applause. He preserved his power of stirring the people whenever 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 Avith 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 he was full of the gratification which Southern people felt over ;569 370 ROBERT TOOMBS. tliat event. He declared tliat lie did not know tLat tliere was enougli maubootl iu tlie coimtiy as to break loose from party ties and elect a President. The fact liad reviv^ed his hope for the whole country. He had, before this, taken a gloomy view of the nation. He 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 had afterward said that the American Constitution rested solely upon the good faith of the people, and that Avould hardly bind together a great people of diverse in- terests. " Since 1850," he once said, " I have never believed tliis Union to be perpetual. The expe- rience of tlie last Avar will deter any faction from soon making an eifort at secession. Had it not been for this, there would have been a collision in 1876." But the election of Cleveland he regarded as a national, rather than a sectional victory — a , non-partisan triiunph in fact ; and 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 Ijegun 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." niS LAST DATS. 371 In March, 1883, General Toombs was summoned to Atlanta to attend the funeral of his lifehjng friend Mr. Stephens. The latter had been an in- valid for forty years, but was kept in active life by the sheer force of his indomitable ^v ill. Emerg- ing from the war a prisoner, he had finally secured his release and had been elected United States Senator. Being prevented from taking his seat, he had returned home and finished his constitu- tional review of the " AYar Between the States." In 1873 he had been reelected to Congress, where he had remained for ten years, resigning this posi- tion to accept the nomination for Governor of Georgia, which his 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 of 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 ^vllo 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 ottered to lend him money and look after his practice so that Stephens could take a trip for his health. Like Damon and Pythias, these two men were bound by the strongest ties. They entered public 372 ROBERT TOOMBS. life together in tlie General Assembly of Georgia. Together they rode tlie circuits as young attorneys, and each was rewarded about the same time w^ith a seat in the national councils. Both were con- spicuous in the ante-heUuiR agitation, and both ^Aere prominent in the Civil War. As age advanced their relations were closer still. General Tooml^s at the funeral of his friend pro- nounced a eulogium on the dead. His words were tremulous, and the trooping, tender memories of half a century crowded into the anguish 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 doul)le offices of family physician and 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 him- self, 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 Ills LAST DATS. 373 there was no immediate need of tliat. The gen- eral was in good health. Dr. Steiner had l3ap- tized patients, he said, but it was in times of emergency. It was the desire gf General Toombs to be baptized at the bedside of his wife. In a short time Robert Toombs was in commnnion with the Southern Methodist Church. It was his wife's 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 Toombs is, in personal appearance, very much like his brother. The long, iron-gray hair, brushed straight out from his head, reminds one of Robert Toombs. He is smaller in stature, and is a man of sti'oug abilities, even temperament, and well-balanced mind. His bi-other had great regard for his l)usi- ness judgment and political sagacity, and often consulted him on public matters. These men lived near each other in A\'ashington, their fam- ilies grew up together, and General Toombs re- orarded his brother's children almost as he did his own. 3V4 ROBERT TOOMBS. On tLe SOtli of September, 1885, Robert Toombs was confined to his Louse b}^ illness. It was a general breaking clown of Lis ^vliole system. It was evident .that Le was nearing Lis end. During Lis last illness Lis mind would wander, and tlien Lis faculties would return witL singular clearness. He suffered little pain. As Henry Grady said of Lim, it seemed tLat tLis kingly p(^wer and great vitality, wliicL Lad subdued everytliing else, would finally conquer deatli. His ruling instinct was strong in dissolution. He still preserved to tlie last Lis faculty of grasping witL ease public situations, and " framing tei'se epi- grams, wLicL Le tLrew out like proverbs." During one of Lis lucid intervals Le asked for tLe news. He was told ; " General, tlie Georgia Legislature Las not yet adjourned." " Lord, send for Cromwell," Le answered, as Le turned on Lis pillow. AnotLer time Le was told tLat tLe ProLibition- ists ^vere Lolding an election in tlie town. " Pi'o- Libitionists," said Le, " are men of small pints." His mind at tliis period dwelt mainly on seri- ous tLouglits. TLe Bible was read to Lim daily. He ^vas ])erfectly aware of Lis condition. He said to Dr. Steiner : " Looking over my broad field of life, I Lave not a resentment. I would not pang a Leart." He talked in Lis delirium of Mr. Stephens and BIS LAST DATS. 375 Dr. Steiner. The latter recalled liim 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 pass- ing away. Li&'s fitful fever will soon be over. I would not Ijlot out a single act of my life." Dr. Steiner declared that he never befort^ real- ized so fully the appropriateness of Mr. Stephens' tribute to Toombs ; " llis was the greatest mind I ever came in contact with. Its operations, even in its errors, remind me of a mighty waste of waters." AVhen the time came for Dr. Steiner to return to llis home in Augusta, General Toomljs bade him good-by. 1 am sorry," said he, " the hour is come. I hope we shall meet in a better place." After Thursday, Decem])er 10, General Toombs did not regain consciousness. On Monday, De- cember 15, 18^5, at () o'clock P. .al, he breathed his last. Just as the daikness of a winter evening stole over the land the great spirit of the states- man walked into eternal light. He Avas buried on Thursday, December 18, at twelve o'clock. The funeral exercises were held in the little brick jNlethodist church where his wife and daughter had Avorshi])ed. The funeral was simple, according to his wishes. A large number of pul)lic men in Georgia attended the services. Dr. llillyer, a prominent Baptist 3'!'6 ROBERT TOOMBS. divine and classmate of General Toombs, assisted in tlie services, Kt. Eev. John W. Beckw^ith, Epis- copal Bishop of Georgia, who had been his closest religious adviser after the death of the Methodist Bishop George F. Pierce, delivered a beautiful eulogium. The remains were interred in the Washino-ton cemetery, by the side of the body of his wife. A handsome marble shaft, bearing the simple and speaking inscription '' Eobert Toombs," marks the sj^ot which is sacred to all Georgians. TIEE END. INDEX. Abolitionists, election of "Inde- pendent Democrats " by, 109 ; in campaign of 1850, 140; elTect of Dred Scott case on, 159 Aciiison, David R., leader iu U. S. Senate, 107 Act of 1789, claim for enforce- ment of, 73-76 Adams, John Q., compact with Clay, 14 ; charge of corruption against, 55; member of Twenty- ninth Congress, 56 Alabama, delegates withdraw from Charleston convention, 177 ; secession of, 313 ; escape through, 301-303 Alabama, escape on the, 305 Alexander, W. F.. joins in Euro- ]K;an trip, 125 ; appointed Quartermaster-major, 237 Alexander, Mrs. W. F., death, 313 Ali(ms, Toombs' welcome for, 150, 151 Alps, visit to the, 126 American party, rise, 121; op- posed and denounced by Toombs, 124, 128, 147, 149; successes and defeats in 1855, 128; nominates Fillmore, 140; opposition to Toombs' part3^ 143; principles, 148; nominates Hill for governorship of Georgia, 155; downfall, 158 Amsterdam, visit to, 126 Anderson, Major, besieged at Fort Sumter, "227-229 Andrews, Judge, defeated for governorship of Georgia, 138 Andrews' Grove, debate between Toombs and Hill in, 145-152 Antietam, battle of, 263-269 Anti-railroad agitation, 26 Appleton, Nathan, entertains Toombs at Boston, 130 Appleton, William, entertains Toombs at Boston, 130 Arkansas, delegates leave Charleston convention, 177; secedes, 333 Army Appropriation bill, debate between Toombs and Davis on, 247-349 Army of Northern Virginia, 5, 262 Army of Potomac, defeated be- fore Richmond, 246 Articles of Confederation, bear- ing on slavery question, 132 Athens, University at, 7-12 Atlanta, quarrel between Ste- phens and Cone in, 62; in the field before, 276; political meeting at, 324 Atlanta San, edited by Stephens, 333 Atlantic cable, opposes apijropri- ation for, 194 Augusta, Ga., speeches at, 47- 50, 165-168 Augusta Chronicle and Sentinel, defends Toombs, 186 Baltimore, delegate to Clay con- ventional, 46; Whig convention at, 97 ; Democratic convention at, 97 Baltimore convention, the, ac- tion in regard to Georgia dele- gations, 183 Banking, position on, 33, 39 Bank of the United States, 33 377 378 INDEX. Bar, admission to the, 13 Barnett, Samuel, frames railroad law, 351 ; 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, 176 ; presides over seceders from Charleston convention, 178 Beaverdam Creek, 3 Beckwith, Bishop John W., eulo- gium on Toombs, 355, 376 Bell, John, leader in U. S. Senate, 107 ; vote on Kansas- Nebraska bill, 115 ; nominated for Presidency, 183 ; vote in Georgia for, 184 Benjamin, Judah P., Attornej^ General of Confederate States, 221 ; legal practice in England, 310 Beniiiiig, Col., assumes command of Toombs' brigade, 268 Benton, Thomas H., on disunion, 81 Berrien, John INI., censured by Georgia Democrats, 39 ; repre- sents Georgia in U. S. Senate, 68 ; in 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 Blaine, J. G., characterization of Tooml)s' farewell speech in Senate, 205 ; on bombardment of Sumter, 229 ; on ravages of Confederate ships, 232 ; ob- jects to Toombs' restoration to citizenship, 313 Blair, Fraidv P., nominated fur Vice-i)residcncy, 324 Blockade of Southei-n ports, 229 Bonds, repudiation of outlawed, 343, 344 Boston, lecture in, 129-135 Boston Journal, on Toombs' lec- ture, 131 Boyd Amendment, 80 Braddock, Gen., massacre of his conunand, 1 Bragg, Gen., opposed by Toombs and Linton Stephens, 274 Breckenridge, John C, elected vice president, 152; nomi- nated for Presidency, 183; vote in Georgia for. 184; last attend- ance at Confederate Cabinet, 282 Bright, John, restrains recf)g- nitiou of Confederacy, 232, 233 Broderick, Senator, eulogized by Toombs, 336 Brooks, Preston S., assaults Sumner, 141, 142; reelected, 142 Brown, John, raid on Harper's Ferry, 169; execution, 169; in- tlueiice of, 170; Toombs' cliar- aclcrizaiion of his raid, 172, 173 Brown, Joseph E., nominated for governorship of Georgia, 154; rise of, 156, 157; su import- ed by Toombs, 157; ability, 158; elected governor, 158; can- didate for reelection to gov- ernorship, 166; seizes Fort Pulaski, 214; opposes Con- scription and Impressment Acts, 273; commended • by Toombs, 278; parting with Toombs, 281; joins Republican ]iarty, 290; strained relations with Toombs, 333-336 Browne, AV. i\I., Confederate As- sistant Secretary of State, 237 Brussels, visit to, 126 Buchanan, James, on Kansas- Kebraska bill, 114, 115; nomi- nated for I'residency, 141; ('l(;cte(l, 152; position on Terri- torial question, 159; dissolution of Cabinet, 199 INDEX. 379 Bullock, Gov., 317, 320, 331 Bunker Hill Monument, denial of speech about slave roll-call, at, 119 Burt, Arniistead, member of Twenty-ninth Congress, 56 Bush Arbor meeting, 324-327 Butler, Benjamin F., menV)er of Ciiarlestou convention, 176 Butler, Senator, Sumner's stric- tures on, 142 Callioun, John C, compared with Toombs, 14 ; as a lawyer, 16 ; conflict with Jackson, 29 ; admiration of Toombs for, 3J , 104, 307; railroad schemes of, 41; arraigned for the " sugar letter," 46 ; characterization of acquired Mexican territory, 67 ; last efforts of, 68, 79, 107 California, acquisition of, 67 ; question of admission of, 77- 81, S') ; Toombs' ideas on ex- clusion of slavery from, 91 ; supi)orts the South in Charles ton convention, 177 Cameron, Simon, criticised by Toombs, 197 Canada, favors purchase of, 195 Caribbean Sea, advocates making •A iiHire chtnsuiii, 196 Carlyle, Thomas, view of the Civil War, 233; T<)omI)s' inter- views with, 310 Oflss, Lewis, defeated for the Presidency, 63 ; leader in U. S. Senate, 107 ; enmity to, by Norlliern men, 118 Catlett, Miss, 3 Central America, favors purchase of, 195 Centreville, Johnston's advance to, 238 ; Toombs' retreat from, 239; escape of Toomljs through, 292 Chandler, Daniel, 9 Cliarles 1., legend of Toombs' ancestors and, 1, 2, 156 Charleston, S. C, Yancey's speech in, 178 ; excitement at bombardment of Sumter, 227 Cliurleston convention, the, 175- 181 Charlton, Robert M., Democratic leader, 51 ; opposition to Toombs, 95 Chase, Salmon P., represents Ohio in U. S. Senate, 08. 107 ; an " Independent Demo- crat," 109 ; vote on Kansas- Nebraska bill, 115 Chattahoochee llivcr, Toombs' escape by, 301 Chenault, Nick. 288 Cherokee County, sends Brown to State Senate, 157 Chickahominy River, Johnston's retreat Viehind, 245 Chickamaiiga, dispute between Gen. Hill and Gen. Walker at battle of, 258, 259 Clioate. Rufus, Toombs on, 307 Cilley duel, the, 55 Cincinnati Platform of 1850, 141, 165 Civil war, Toombs' hori-or of, 120; opening of the, 227. Clarke, Gen. John, feud with Crawford, 29, 30 Clarkesville, Ga. , summer resi- dence at, 372 Clav, Henry, 14 ; Toombs' opin- ion of, 38, 50, 104, 367 ; nomi- nated for Presidency, 40 ; Compromise measures, 52, 79 ; opposition to, in campaign of 1844, 54, 55 ; popularity, 55 ; position in campaign of 1848, 00 ; ()i>inion on disposition of ae(iuired territory, 07 ; last efforts of , 68 ; the "Omnibus bill," 80; death, 107 ; denies framing the Missouri Compro- mise, 113; position on internal improvements, 188 ; his loss felt, 201 Clay and Adams compact, the, 14 Clavton Compromise, the, 01, 02, 04 / 380 INDEX. Cleveland, Grover, Toombs' speech on election of, 370 Cobb, Gov. Howell, as a lawyer, 16, 20, 21 ; Denioci-atic leader, 51 ; member of Twenty-uinth Consjress, 56 ; elected Speaker of House of Representatives, 69 ; position on admission of California, 81 ; position on dis- union, 82 ; nominated for gov- ernorship, 80 ; characteristics of, 87 ; in campaign of 1851, 92 ; elected governor, 93 ; opinion of Joseph E. Brown, 155 ; indorses seceders from Charleston convention, 179 ; prominence of, 186 ; deputy to Provisional Congress, 215 ; president of Provisional Con- gress, 216 ; addresses meeting at Atlanta, 324 Cobb, Thomas R. R., zeal for secession, 212; deputy to Pro- visional Congress, 215 Cobb, Thomns W., guardian of Robert Toombs, 7,^8 College discipline, 8, 9 Collins «. Central R. R. & Banking Co., case argued by Toombs, 346 Colquitt, Walter T., elected U. S. Senator, 38 ; Democratic leader, 51 Columbia County, legal practice in, 15 Columbia River, boundary line of, 57 Commerce, Toombs' views on the ]"tower to regulate, 189 Committee on Banking, General Assemt)ly, chairman of, 33 Committee on Internal Improve- ments, General Assembly, member of, 33 ; chairman of, 40 Committee on State of the Republic, General Assembly, chairman of, 33 Committees, views on legislation through, 196 Compromise bill, the, 52 Compromise of 1850, the, 67-82 ; indonsed by Whig and Demo- cratic conventions at Baltimore, 97 ; Gen. Scott's position on, 103 Cone, Francis H., as a lawyer, 16 ; opposed to Toombs at the l)ar, 25 ; quarrel with Stephens, 62 Confederacy, last days of the, 280-284 Confederate commissioners, mis- sion to Washington, 222-224, sent to Europe, 229 Confederate navy, captures by, 232 Confederate States, preparation of Constitution for, 219, 220 ; appointment of Cabinet, 221 ; last meeting of Cabinet, 282 Conscription and Impressment Acts, opposition to, 272, 273 Constitutional Union partv, 81, 93, 183 Constitutional convention, and the new constitution of Georgia, 337-352 Conventions, Toombs' opinion of, 103, 104, 106 Corporations, attitude toward, 346 Crawford, George W., as a lawyer, 16 ; resolution in Whig convention of 1848, 60 ; con- nection with the Golpliin claim, 65 ; retirement of, 66 ; presides over State Sovereignty convention, 209 Crawford, Martin J., deputy to Provisional Congress. 215 ; Confederate commissioner to AVashington, 222 Crawford, William H.. career, 13, 14, 16 ; feud witii Clarke, 29, 30 ; heads Whig electoral ticket in Georgia, 1848, 60 Creek War, Toombs' service in, 32 ; anecdote of sutler, 352 Creole, Toombs' escape on the, 303, 304 INDEX. 381 Critteuden Compronijse, tlie, 203, 203 Cuba, favors purchase of, 195, 196 ; arrival iu, 307 Cumberland Gap, railroad sclienie for, 41 Cuminiiig, Major J. B., 259 Cummings Point battery, fires on Fort Sumter, 227 Cusiiing, Caleb, president of Charleston convention, 175 ; resigns cliairmanship of Balti- more convention, 182 ; pre- sides over seceders from IJal- timore convention, 183 Dallas, George M., attitude on tariff question, 50 ; Georgia's vote for, 55 Danburg, letter from Toombs to constftuents at, 199-201 Davis, Col., quarrel with Henry Clay, 54, 55 Davis, Jefferson, Toombs' ad- vice to, 23 ; member of Twenty- ninth Congress, 56 ; on Toombs' financial ability, 59 ; represents Mississippi in U. S. Senate. 68 ; defeated by Foote, 97 ; debate with Douglas on popular sovei'eignty, 163, 164 ; personal traits, 163 ; Senates resolutions concerning South- ern principles, 181 ; election to Presidency of Confederate States, 217, 218 ; appoints his Cabinet, 221 ; belief in Seward, 223 ; Toombs' opinion of, 241, 242, 246 ; debate witli Toombs on Army Appropriation bill, 247-249 ; policv and character of. 274, 275 ; attends last meet- ing of Confederate Cabinet, 281, 282 ; tribute to Toombs, 284 ; arrest of, 284 ; last meet- ing with Toombs, 284, 285 ; in irons, 298 Davis. John W., elected Speaker of Twenty-ninth Congress, 56 Dawson. William C, as a lawyer, 16 ; candidate for governor of Georda, 37 ; enters U. S. Sen- ate, 68 Deas, Joseph, aids Toombs' es- cape, 296 Declaration of Independence, po- sition on slavery question, 132 Declaration of Paris, accepted by Confederate government, 231 Delaware delegates leave Charles- ton convention, 177 Democratic party, strength in Georgia, 30 ; supports central bank sclieme, 38 ; censures Senator Berrien, 39 ; criticised, 48 ; carries additional protec- tion measure, 51 ; attempt to defeat Toombs by, in 1848, 63, 64 ; elects Cobb Speaker of House, 69 ; joint action with AYhigs in Georgia, 85 ; conven- tion at Baltimore, 97; loss of House majority, 121 ; nomi- nates Buchanan, 141 ; nominates Brown for governor of Geor- gia, 154 ; split over Territorial question, 166, 167 ; demand for new plank in platform, 167 ; split among Georgia Democrats, 182 ; success in State legisla- ture, 329 Depreciation of currency, 31 District of Columbia, Clay's pro- posed abolition of slave trade in, 79 ; amendment as to slav- ery in, 202 Disunion, opposition to, 81 ; clamor for, 83 Dooly, Judge, 14 " Door sill'' speech, the, 170-174. Dougherty, Robert, 9 Douglas, Stephen A., member of Twenty-ninth Congress, 56 ; enters U. S. Senate, 68 ; leader in U. S. Senate, 107 ; intro- duces Kansas-Nebraska bill, 108, 109 ; second bill on Kan- sas-Nebraska question, 109 ; burned in effigy, 115 ; Presi- dential aspirations, 140, 161 ; debate with Lincoln, 161, 162 ; accused of participation 382 INDEX. Douglas, Stephen A. — Cont'd. iu assault on Sumner, 142, 143; eulogized by Toombs 148, 149, 164. 165, 167 ; op- poses Lecompton constitulioii, 160 ; indorses Dred Scott deci- sion, 160 ; reelected to U. S. Senate, 162, 163 ; views on popular sovereignty, 163, 164 ; resolulioii for protection of States against invasion, 170- 173 ; rupture -with Toomlis, 181 ; nominated for Presi- dency, 182 ; vote in Georgia for, 184 Dred Scott case, 159 Droomgoole, George C, member of Twenty-ninth Congress, 56 Du Bose, Dudley jM., Toombs' adjutant-general, 237; forms partnership with Toombs, 316 ; sent to Congress, 329 Du Bose. Mrs.' Dudley M., death of, 310 Du Bose r. Georgia Railroad, case argued by Toombs. 340 Du Quesne, Fort, massacre at, 1 Eberhart case, the, 25, 26 Elbert Coiuit}% admission to bnr in, 13 ; legal practice in, 15, 16, 22, 23; popularity in, 22; escape through, 288, 289, 292 Elberton, Ga., speech at, 89 Electoral vote, views on count- ing, 193, 194 Einiiiraut Aid Societies, 115-118, 159 Enghien, visit to, 309 England, introduction of slavery into Colonies by, 134 English compromise on Lecomp- ton constitution, 164 Eugenie, Empress, Toombs' in- terviews with, 310 Europe, trip in, 125-128 ; hesi- tation of powers in regard to the Confederacy, 233 Evans, Augusta J., aids Toondjs* escape, 302, 303 Evans, Howard, aids Toombs' escape, 302. 303 Everett, Edward, nominated for Vice-presidency, 183 Fanning, Welcome, 6 Fellon, W. II., opposition to, 105 "Fifty-four forty, or fight," 57 Fillmore, Millard, nominated for Vice-presidenc}', 60 ; on repeal of Missouri Compromise, 115 ; nominated for Pix'sidency, 140 ; Toombs' characterization of, 149, 150 ; electoral vote for, 152 Finance Committee of Provisional Congress, chairman of, 220 Fish, llainilton, vole 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 ]\Iis- 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 Foreacre, 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 Forts. See their names. France, Mexican schemes, 233 ; political events in, 309, 310 Franklin College, 6-12 Franklin County, legal practice in, 16 Freemasons, joins the, 289 Freeport, 111., debate between Lincoln and Douglas at, 161, 162 INDEX. 383 Free-Soil party, 89 Free-Soil sctUcrs, llo, IIG . Fremont, John C, nominated for Presidency, 140 ; electoral vote for, 152 French, CJapt. H. L., account of Toombs at second battle of Manassas, 261 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 Fugitive-Slave laws, passage of new, i70 ; proposed amend- ments, 202 ; demands of the South as to, 206 Fulton, Col. M. C, narrow escape of, 304 Gardnca-, James, candidate for governorsliip of (Georgia, 157 Garrison, W. L., denunciation of U. S. Constitution, 129 General Assembly, service in the, 17, 30-46 ; vote for Speaker in, 33 Geneva, visit to, 120 Georgia, land-grant to Major Robert Toombs in, 2 ; distress in, 34-37 ; first railroad in, 40 ; internal improvements, 40 ; es- tablisliment of Supreme Court, 41 ; organization of Congrcis- sional districts, 44 ; supports Jackson in 1824, 51 ; llenry Clay in, 55 ; panegyric on, 58 ; formation of " Kough and lt(!ady " clubs in, 60 ; the Clayton Compromise in, 60-62; formation of Constitutional Union party, 81, 183 ; growth of secession sentiment in, 83, 201, 204 ; adoption of the " Georgia Platform," 86 ; nom- ination of Howell Cobb for governor, 86 ; nomination of McDonald for governor, 86 ; a national battle ground, 102 ; supports Pierce and King, 102, 103 ; uncertainty of polilics in, 121 ; breaking u[) of Know- nothing party in, 122; cam- paign of 1855, 128; vote for Buchanan in convention, 141 ; campaign of 1856, 143-152 ; politics in. 145; carried by Bu- chanan, 152 ; campaign of 1857, 154; opposition to Brown's re- electit)n, 166 ; indorsement of Toomb.s' sentiments by, 168 ; position on tlie Fugitive-Slave law, 174 ; action of delegates to CHiarleston convention, 179 ; split in Democratic party, 182 ; vote in 1860, 184; i)rominencc in 1860, 186; call for State con- vention, 200 ; votes for seces- sion, 209 ; institution of slavery in, 211; wealth at time of seces- sion, 213 ; agricultural policy durinsr war, 275 ; the militia, 27(^278 ; the Marcli to the Sea, 280 ; Gov. Brown's address to people of, 290 ; Toombs' ac- (jnaintance in, 299; Toombs' return to, 315 ; in reconstruc- tion days, 315-:i29 ; (Constitu- tional convention, and the new constitution, 337-352 ; raiboad commission formed, 350, 351 Georgia Platform, the, 83, 93, 97 Georgia Bail road, 40 Gettysburg and ^lalvern Hill compared, 252 Gillet, li. IT., vole on Kansas-Ne- braska bill, 115 Gilmer, Ge(n-ge K., as a lawyer, 16 ; on railroad construction, 41 Glen Spring, Ga., meeting be- tween Hill and Brown at, 155 Golphin claim, the, 65 Gonder, Major, aids Toombs' escape, 294', 295 Gordon, Gen. John B., interview with Tilden, 321 ; nominated for governor, 324 Gordonsville, Toombs under ar- rest at, 259, 260 584 INDEX. Grady, Henry W., characteriza- tion of J. E. Brown, 156 ; at Bush Arbor ni('C'tin