CHAPTER XI

TOOMBS

Calhoun solidified the south in resolve to leave the union if the

abolition party got control of the federal government. Just before his

death there commenced such serious contemplation of an aggressive defence

of slavery that we may call it an actual aggressive. Although by reason of

his unquestioned primacy he could have assumed the conduct of this

aggressive, he did not. Toombs was its real, though not always apparent,

leader, from its actual commencement until it resulted in secession. Thus

he played an independent part of his own, and deserves a chapter to

himself. While Calhoun was the forerunner, Toombs was both apostle and the

Moses of secession. As nearly all of my readers have never thought of any

one else than Calhoun in this capacity, the statement of Toombs's

prominence just made will probably startle them. But I know if they will

follow me through the record they will all at last agree with me. In view

of Calhoun's conspicuousness in the southern agitation from 1835 until his

death in 1850, this misapprehension of my readers is very natural.

Contemporaries following Sulla, named Pompey, not Julius Caesar, The Great.

Similarly Toombs, as an actor in the intersectional arena, is as yet

dwarfed from comparison with the really great but not greater Calhoun.

It is much more necessary than I saw such a method was with Calhoun to

deal first with what we may call the non-sectional parts of Toombs's

career. And I wish to assure my readers at the outset that these parts

are exceptionally important and valuable not only to every American, but

to all those anywhere who prize shining examples of private virtue and

exalted teachers of good and honest government.

I was nearly ten years old when Toombs's congressional career commenced in

December, 1845. Living only eighteen miles from him I heard him often

mentioned. It was the delight of many people to report his phrases and

repartees. By reason of their wisdom or wit and fineness of expression,

the whole of each one lodged in the dullest memory. I never knew another

whose sayings circulated so widely and far without alteration. As they

serve to introduce you to his rare originality, I will tell here a few of

them that I heard admired and laughed at in my boyhood.

He had not then left off tobacco, but he chewed it incessantly, and a

spray of the juice fell around him when he was speaking. Once while he was

haranguing at the hustings, a drunken man beneath the edge of the platform

on which he was standing, rudely told him in a loud voice not to let his

pot boil over. Toombs, looking down, saw that his interrupter had flaming

red hair: "Take your fire from under it, then," he answered.

In another stump speech he was earnestly denying that he had ever used

certain words now charged against him. A stalwart, rough fellow--one of

Choate's bulldogs with confused ideas--rose, and asserted he had heard him

say them. When and where was asked. The man gave time and place, and added

tauntingly, "What do you say to that?" Toombs rejoined, "Well, I must have

told a d--d lie."

A rival candidate, really conspicuous and celebrated for his little

ability, in a stump debate pledged the people that if they would send him

to congress he would never leave his post during a session to attend the

courts, as he unjustifiably charged Toombs with habitually doing. The

latter disposed of this by merely saying, "You should consider which will

hurt the district the more, his constant presence in, or my occasional

absence from, the house."

In another discussion this same opponent charged him with having voted so

and so. Replying, Toombs denied it. The other interrupted him, and

sustained his charge by producing the _Globe_; and he expressively

exclaimed, "What do you think of that vote?" Toombs answered without any

hesitation--nothing ever confused him--"I think it a d--d bad vote. There

are more than a hundred votes of mine reported in that big book. He has

evidently studied them all, and this is the only bad one he can find. Send

_him_ to congress in my place, the record will be exactly inverted; it

will be as hard to find a good one in his votes as it is now to find a bad

one in mine."

In the congressional session of 1849-50 Toombs had made his Hamilcar

speech, to be told of fully after a while. In this he avowed his

preference of disunion to exclusion of the south from the Territories so

positively and strongly that the ultra southern rights men hailed him as

their champion. But soon afterwards, with the great majority of the people

of the State, he took his stand upon the compromise of 1850 and the

Georgia Platform quoted above. This was really on his part a recession

from the extreme ground he had taken in the speech. In 1851, a coalition

of the whigs and democrats of Georgia nominated Howell Cobb, a democrat,

for governor, and Toombs, then a whig, canvassed for him with great zeal.

He had an appointment to speak, in Oglethorpe county, at Lexington, the

county seat. There were quite a number of ardent southern rights men in

the county, who held that the admission of California, really in southern

latitude, with its anti-slavery constitution, called for far more decided

action on the part of the south than was counselled in the Compromise and

Georgia Platform. Hating Toombs, whom they regarded as a renegade, they

plotted to humiliate him when he came to Lexington. As he never shrank

from discussion they easily got his consent to divide time with--as the

phrase goes--a canvasser for McDonald, their candidate for governor.

Toombs was to consume a stated time in opening the stump debate; then the

other was to be allowed a stated time; after which Toombs had a reply of

twenty minutes--these were the terms. In opening, Toombs, as was natural,

stressed the compromise measures and set forth the advantages of

preserving the union; and he fiercely inveighed against the men who could

not be satisfied with the Georgia Platform, embraced as it had been by a

great majority of all parties, denouncing them as disunionists. The other

disputant took the Hamilcar speech of Toombs, made just the year before,

as his text. Deliberately, accurately, systematically he unfolded the

doctrine of that speech, and he did the same for the speech just made, and

contrasting the two, he put them into glaring inconsistency. Southern

rights stock rose and union stock sunk rapidly as the comparison went on.

In his peroration the speaker commented upon Toombs's tergiversation with

such effective severity it elicited wild applause from the men of his

side. They had pushed themselves to the front. Toombs rose to reply. In

their riotous rejoicing over the great hit of their speaker, they forgot

the proprieties of the occasion; forgot that it was Toombs's meeting, as

was said in common parlance; and they rapped on the floor with canes, and

even clubs provided for the nonce, howled, and made all kinds of noises

to drown his voice. Unabashed he looked upon them, smiling that grandest

and blandest of smiles. As the foremost of these roysterers told me long

afterwards, his self-possession excited their curiosity. They wanted to

hear if he could say anything to get out of the trap in which they had so

cleverly caught him; and they became still. "It seems to me," he

commenced, "that men like you meditating a great revolution ought first to

learn good manners." At this condign rebuke of behavior which, according

to stump usage, was as uncivil and impolite as if it had been shown Toombs

in his own house by guests accepting his hospitality, spontaneous cheers

from the union men, who were in very large majority, appeared to raise the

roof. In his highest and readiest style--for mob opposition always lifted

him at once into that--he reminded his hearers that their whole duty was

to decide whether they would approve the compromise and the Georgia

Platform or not; and that to discuss whether what he had spoken last year

before these measures were even thought of, was right or wrong, was to

substitute for a transcendently important public question a little

personal one of no concern to them whatever. "If there is anything in my

Hamilcar speech that cannot be reconciled with the measures which I have

supported here to-day with reasons which my opponent confesses by his

silence he cannot answer, I repudiate it. If the gentleman takes up my

abandoned errors, let him defend them."

How the union men cheered as he broke out of the trap, and caught the

setters in it!

I heard much of this day, still famous in all the locality, when six years

afterwards I settled in Lexington, to begin law practice. Over and over

again the Union men told how their spirits fell, fell, fell as the

southern rights speaker kept on, until it looked black and dark around;

and then how the sun broke out in full splendor at the first sentence of

Toombs's reply, and the brightness mounted steadily to the end. That

sentence last quoted is a proverb in that region yet. If in a dispute with

anybody there you try to put him down by quoting his former contradictory

utterances, he tells you that if you take up his abandoned errors you must

defend them.

The interest excited in me by what is told in the foregoing was the

beginning of my study of Toombs, which never at any time entirely ceased,

and which will doubtless continue as long as I live. He has impressed me

far more than any other man whom I ever knew. Soon after his return, in

1867, from his exile I resolved I would try to write his Life under the

title, "Robert Toombs, as a Lawyer, Statesman, and Talker;" and for ten or

fifteen years I had been systematically collecting the data. These had

accumulated under each head--especially reports of his epigrams and winged

phrases--far more considerably than was my expectation at first. I added

to them very largely by copious notes of the record of his congressional

life which I read attentively in course, commencing immediately after his

death. In a few years I had finished my task. As yet I have not found the

times favorable for publication, and the MS. may perplex my literary

executor. Of course my object in the too egotistic narrative just made is

to inform you that I have bestowed very great labor and study upon the

subject, hoping thus to draw your attention.

Robert Toombs was born July 2, 1810, on his father's plantation in Wilkes

county, Georgia. He went to school at Washington, the county seat; then to

the State university; which having left, he finished his collegiate course

at Union. Next he spent a year at the law school of Virginia university.

He never was a bookworm. His habitual quotations during the last fifteen

years of his life--when I was much with him--betrayed a smattering of the

Roman authors commonly read at school, a much greater knowledge of the

Latin quoted by Blackstone and that of the current law maxims, and

considerable familiarity with "Paradise Lost," "Macbeth," and the Falstaff

parts of "King Henry IV.," and "Merry Wives," Don Quixote, Burns, and the

bible. But this man, whose diction and phrases were the worship of the

street and the despair of the cultured, had no deep acquaintance with any

literature. Erskine got the staple of his English from a long and fond

study of Shakspeare and Milton; but Toombs must have drawn his only from

the fountains whence Tom, Dick, Harry, and Mariah get theirs, and then

purified and refined it by a secret process that nobody else knew of,--not

even himself, as I believe. If he had only corrected after utterance as

assiduously as Erskine did, of the two his diction would be much the

finer.

The year before he came of age he was admitted to the bar by legislative

act. In the same year he married his true mate and settled at Washington.

For four years the famous William H. Crawford was the judge of the

circuit. Toombs was born into the Crawford faction, and the judge who, as

there was no supreme court then, was law autocrat of his circuit, gave him

favor from the first. The courts were full of lucrative business. The old

dockets show that in five years Toombs was getting his full share in his

own county and the adjoining ones. The diligent attention that he gave

every detail of preparation of his cases, had, in a year or two after his

call, made him first choice of every eminent lawyer for junior. One of

these was Cone, a native of Connecticut, who had received a good education

both literary and professional, before he came south. Toombs, who had

known the great American lawyers of his time, always said after his death

in 1859 that Cone was the best of all. Lumpkin used to tell that during a

visit to England he haunted the courts, but he never found a single

counsel who spoke to a law point as luminously and convincingly as Cone.

Another one of these was Lumpkin. He is, I believe, the most eloquent man

that Georgia ever produced. He had some tincture of letters; but he was

without Choate's pre-eminent self-culture and daily drafts of inspiration

from the immortal fountains. A. H. Stephens admired Choate greatly. He

heard the latter's reply to Buchanan. Often, at Liberty Hall--as Stephens

called his residence--he would repeat with gusto the passage in which

Choate roasts Buchanan for his inculcation of hate to England. Stephens

contended that if all that education and art had done for each--Choate and

Lumpkin--could have been removed, a comparison would, as he believed, show

Lumpkin to be the stronger advocate by nature.

These three--Cone, Lumpkin, and Toombs--were often on the same side. But

whether Toombs had them as associates or as adversaries, they were always

in these early years of his at the bar, in his eye. With the unremitted

attentiveness of what we may call his subconscious observation, and a

receptivity always active and greedy, he seems to have soon appropriated

all of Cone's law and all of Lumpkin's advocacy--that is, he had, as he

did with the speech and language heard by him every day, transmuted them

into the rare and precious staple peculiar to his own _sui generis_ self.

In his first forensic arguments his rapid utterance was as indistinct as

if he had mush in his mouth, old men have told me. But after a year or two

of practice he developed both power and attractiveness. In due time when

Cone or Lumpkin were with him, he would be pushed forward, young as he

was, into some important place in court conduct. I myself heard Lumpkin

tell that the greatest forensic eloquence he had ever heard was a rebuke

by Toombs--then some twenty-seven years old--of the zeal with which the

public urged on the prosecution of one of their clients on trial for

murder. The junior--the evidence closed--was making the first speech for

the defence. As he went on in a strong argument, the positiveness with

which he denied all merit to the case for the State, angered the

spectators outside of the bar, and a palpable demonstration of dissent

came from some of them, which the presiding judge did not check as he

ought to have done. Toombs strode at once to the edge of the bar, only a

railing some four feet high separating him from these angry men, and

chastised them as they merited. His invective culminated in denouncing

them as bloodhounds eager to slake their accursed thirst in innocent

blood. These misguided ones were brought back to proper behavior, and with

them admiration of the fearless and eloquent advocate displaced their

hostility, and carried upon an invisible wave an influence in favor of the

accused over the entire community, and even into the jury box. And the

narrator, who was one of Toombs's greatest admirers, told with fond

recollection how the popular billows were laid by the speech of his

junior, and how he himself took heart and found the way to an acquittal

which he feared he had lost.

This affair is illustrative of Toombs in two respects. In the first place

it shows his extempore faculty and presence of mind. I have seen him so

often in sudden emergencies do exactly the thing that subsequent

reflection pronounced the best, that I believe had he been in Napoleon's

place when the Red Sea tide suddenly spread around, he would have escaped

in the same way, or in a better one. I do not believe that this can be

said of any one else of the past or present. In the second place it is one

of the many proofs extant that he could always vanquish the mob.

He divined what offered cases are unmaintainable more quickly, and

declined them more resolutely than any one I ever knew. So free was he

from illusion that he could not contend against plain infeasibility. It

was impossible for clients, witnesses, or juniors to blind him to the

actual chances. For ten years or more, commencing with 1867, I observed

him in many _nisi prius_ trials, and I noted how unfrequently, as compared

with others, he had either got wrong as to his own side or misanticipated

the other. But now and then it would develop that the merits were

decidedly against him. He would at once, according to circumstances,

propose a compromise, frankly surrender, or, if it appeared very weak,

toss the case away as if it was something unclean. When he had thus

failed, his air of unconcern and majesty reminded of how the lion is said

to stalk back to his place of hiding when the prey has eluded his spring.

Stephens came to the bar some four years after Toombs did, and settled in

an adjoining county. I need merely allude to their long and beautiful

friendship, full details of which are to be found in the biographies of

the former. I merely emphasize the importance of Stephens's help to

Toombs's development in his early politics. The former got to congress two

years before he did. Toombs evidently relied greatly upon the sagacity

with which the other divined how a new question would take with the

masses. On his return from a brief and bloodless service in the Creek war

as captain of a company of volunteers, Toombs commenced a State

legislative career, which Mr. Stovall has creditably told.[97] I can stop

only to say it was honorable, and contributed greatly to his political

education.

When Toombs was at the Virginia law school, he heard some of Randolph's

stump speeches; and for a few years afterwards he often vouched passages

from them as authority. Stephens would tell this; and then with

affectionate mischief tell further that his friend, before he had finished

in the Georgia legislature, had ceased entirely to support his contentions

with anything else than his own reasons.

Before he got to Congress, he had made reputation at the hustings. In 1840

he crossed the Savannah, and meeting the veteran McDuffie in stump debate

is reported to have come off with the high opinion of all hearers,

including his adversary.

Let us now take an inventory of him as he is about to enter congress. He

is the best lawyer in the State, except Cone, and fully his equal; while

as a speaker he did not have Lumpkin's marvellous suasion of common men,

yet with them he was almost the next, and he was far greater than Lumpkin

in quelling the mob, convincing the honest judge that his law was right,

and convincing also the better men of the jury and citizens present that

the principles of justice involved in the issue of facts were to be

applied as he claimed; he had acquired enough of property to be considered

rich in that day, although he had always lived liberally; his legislative

and political career had convinced the people that he was incomparably the

best and ablest man of the district for their representative. It is to be

especially emphasized that he had practical talent of the highest order.

His plantation was a model of good management. His investments were always

prudent and lucrative. Practical men of extraordinary ability were bred

by the conditions about him. In the Raytown district of Taliaferro

county--about ten miles distant--my maternal grandfather, Joshua Morgan,

lived on his plantation of more than a thousand acres, which he managed

without an overseer. His father had been killed by the tories. His

education had been so scant that he found reading the simplest English

difficult, and to sign his name was the only writing I ever knew him to

do. But his plantation management was the admiration of all his neighbors.

His land was sandy and thin, but he made it yield more than ample support

for his numerous family, his rapidly increasing force of negroes, his

blooded horses, his unusually large number of hogs, cows, sheep, and

goats; and a fair quantity of cotton besides. The slaves loved sweet

potatoes more than any other food, and they were a favorite food in the

Big House. His supplies never failed, there being some unopened "banks or

hills" when the new potatoes came. His hogs were his special attention.

His fine horses required so much corn, and so much more of it was needed

for bread, that he could not feed it lavishly to his hogs. So he developed

a succession of peach orchards, with which he commenced their fattening in

the summer. These were four in all; the first ripened in July and the last

the fourth week in October. The fruit in any particular one ripened at the

same time, and he cared not how many different varieties there were.

Whenever he tasted peaches away from home that he liked, if they were not

from grafted trees, he would carry away the seed, and there was a

particular drawer labelled with the date, into which they were put.

Whenever he had need to plant a tree whose fruit was desired at that

particular time of the year, the seed was planted where he wanted the

tree. Many of his neighbors planted the seeds in a nursery, whence after

a year or two they transplanted the young trees; but my grandfather, as he

told me, saved a year by his method. He was always replanting in place of

injured trees and those he had found to be inferior. The "fattening"

hogs--that is, those to be next killed for meat--were turned into the July

orchard just as soon as the peaches commenced to fall; and they went on

through the rest of the series. There was running water in each orchard.

After peach-time, these hogs ran upon the peas which were now ripe in the

corn fields, the corn having been gathered. And for some two weeks before

they were to be killed they were penned and given all the corn they would

eat. What pride the good planter of that time took in keeping independent

of the Tennessee hog drover, who was the main resource of his rural

neighbors who did not save their own meat, as the phrase then was!

Observing that his hogs were not safe against roving negroes when away

from the house on Sunday, on that day they were kept up. One of my

earliest recollections is that of Old Lige driving them to the spring

branch twice every Sunday. For a long while he tried in various ways to

protect his sheep against worrying dogs. At last he had them "got up"

every night in some enclosure he wished to enrich near enough to the Big

House for his own dogs to be aware of any invasion by strangers, and he

never had a sheep worried afterwards. The foregoing is enough to suggest

the whole of the system. The management of its different trains and many

separate departments upon an up-to-date railroad was not superior in

punctuality and due discharge of every duty. He lived well, entertained

hospitably, and kept out of debt. Mr. Thomas E. Watson has lately given a

graphic description of good plantation conduct,[98] which ought to be

considered by all those who now believe that every planter was necessarily

slipshod and slovenly in his vocation. It was a good training school for

the born business man. Let me give an example to show how extensive

planting bred experts in affairs. The Southern Mutual fire insurance

company--its principal office being at Athens, some forty miles distant

from Toombs's home--at the beginning of the brothers' war had for some

years almost driven all other insurers out of its territory. It is still

such a favorite therein that it is hardly exaggeration to state that its

competitors must content themselves with its leavings. The plan of this

great company is a novel form of co-operative insurance--indeed, I may

say, it is unique. It was invented, developed, and most skilfully worked

forward into a success which is one of the wonders of the insurance world.

The men who did this were never any of them reputed to be of exceptional

talents. They had merely grown up in the best rural business circles of

the old south. A similar fact explains the mastery of money, banking, and

related matters which Calhoun acquired in a locality of South Carolina,

not forty miles distant from Washington, Georgia. It also explains why

Toombs, bred in the interior and far away from large cities, had perfectly

acquired the commercial law; had complete knowledge of the principles and

practice of banking, and those of all corporate business, and also a

familiarity with the fluctuating values of current securities equalling

that of experts.

He was also, as I know, almost a lightning calculator, and fully

indoctrinated in the science of accounts.

Surely this man, now thirty-five, is ripe for congress.

January 12, 1846, the United States house of representatives having under

consideration a resolution of notice to Great Britain to abrogate the

convention between her and the United States, of August 6, 1827, relative

to the region commonly called Oregon, Toombs made his congressional debut.

It is an able speech for a new member--especially for one grappling with a

question peculiar to a part of the country so far away from his own.

Convinced that the adoption of the resolution could give no just cause of

offence, he will not yield anything to those who merely cry up the

blessings of peace. The warlike note is deep and earnest. Then comes the

most original part of the speech. Showing great familiarity with the facts

and the applicable international law, he does his utmost to prove that the

title of each country is bad; and it seems to me that he succeeds. He

urges that the time has arrived when American settlers are ready to pour

into Oregon. "Terminate this convention and our settlements will give us

good title."

Of course I believe that Calhoun's policy, as I have explained it above,

was the true one, and that we should have continued the convention as to

joint occupancy as long as possible. Toombs was bred among the followers

of Crawford, who regarded Calhoun as his rival for the presidency, and I

doubt if he ever did neutralize this early influence enough to enable

himself to do full justice to Calhoun. And as a further palliation, his

combative temperament must be remembered, and also that he had inherited

from a gallant Revolutionary father an extreme readiness to fight England.

July 1, 1846, he discusses a proposal to reduce import duties in a long

speech, carefully premeditated as is evident. He shows great familiarity

with Adam Smith, economical principles, fluctuations in prices of leading

commodities, and the consequences of affecting legislation. Its main

interest here is the detailed argument in its concluding passages against

the expediency of free trade, of which he afterwards became an advocate.

January 8, 1847, a speech on the proposed increase of the army is his next

considerable effort. He denounces the Mexican war as unjust in its origin,

but he reprehends its feeble conduct. He is very strong, from the southern

standpoint, in what he says of the Wilmot proviso. Here is a passage

characteristic of Toombs later on:

"The gentleman from New York [Grover] asked how the south could

complain of the proposed proviso accompanying the admission of new

territory, when the arrangement was so very fair and put the north and

south on a footing of perfect equality. The north could go there

without slaves, and so could the south. Well, I will try it the other

way. Suppose the territory to be open to all; then southerners could

go and carry slaves with them, and so could northerners. Would not

this be just as equal? [Much laughter.] I will not answer for the

strength of the argument, but it is as good as what we of the south

get. [Laughter.]"

Winthrop, who followed, commences by deprecating the necessity that

exposed him to the disadvantage of contrast with a speech which had

attracted so much attention and admiration. And Stephens praised the

effort greatly.[99]

December 21, 1847, Toombs offered a resolution in the house, that neither

the honor nor interest of the republic demand the dismemberment of Mexico,

nor the annexation of any of her territory as an indispensable condition

to the restoration of peace.

His Taylor speech of July 1, 1848, evinces warm whig partisanship.

In his first years at the bar he loitered a while as a speaker. And one

who studies his record in congress discerns that it is some two years

before he commences to feel easy as a member of the house. The speeches

which I have mentioned above, with the solitary exception of that of

January 8, 1847, are labored communication of cram rather than the

peculiar language of the speaker who, when I commenced to observe him a

few years later on the stump, had become a marvel both of strong thinking

and fit expression extempore.

I detect a gleam of the coming man, when August 4, 1848, and February 20,

1849, he exhibits his inveterate hostility to maintaining and increasing

an army in time of peace. Next he begins his lifelong war upon high

salaries, and the extravagance and waste of congressional printing. Note

what he says February 29, 1848, advocating reduction of salaries of patent

examiners; and his denouncing the evil of congress's publishing

agricultural works, in two speeches, the one made March 20, 1848, the

other January 18, 1849. These are short, but strong, and their forcible

style gives sure promise that the true Toombs is at hand. He suddenly

found his real self in December, 1849, when his lead towards secession

commenced, as I shall detail later. After that date he soon becomes one of

the strongest and most influential members; and especially one whose

speech greatly attracts audience. I must support this assertion by the

record. With my limited space I must be very brief. My trouble is that the

many examples which I could use are all so good it is hard to decide what

must be left out. While I shall always give dates, so that my statements

can be checked by reference to the _Globe_, I need not confine myself

strictly to the order of time.

His mastery of parliamentary law is a good subject to begin with.

January 18, 1850, it was moved that the sergeant-at-arms act as doorkeeper

until one be elected. The chair decided that the question affected the

organization of the house and was therefore one of privilege. On an

appeal there was much discussion. Here is the part played by Toombs:

"_Mr. Toombs._ I apprehend that the speaker has committed error. This

is not an office known to the law; it was created only by the rules of

the house. The office of speaker and clerk alone are known to the

law.... It is not every officer whom by their rules they may choose to

appoint, that is necessary to the organization of the house. Suppose

that by a rule they provided for the appointment of a bootblack; could

a resolution for his appointment be made a question of privilege to

arrest and override all other business?

Mr. Bayley inquired of the gentleman from Georgia if a rule was not as

clearly obligatory upon the house as a law.

_Mr. Toombs._ It is; but its execution is not a question of

organization."

A reversal was the result.

The following took place February 20, 1851, and is a good illustration of

his forcible way of putting things:

"_Mr. Toombs._ (Interrupting Mr. Stanton) called the gentleman to

order. The committee ought not to tolerate this custom of speaking to

matters not immediately before it.

_The Chairman._ Does the gentleman from Georgia raise the point of

order that the remarks of the gentleman from Tennessee are not in

order because they have no reference to the bill before the committee.

_Mr. Toombs._ My point is that debate upon steamboats is not in order

upon a pension bill.

_The Chairman._ I decide the gentleman is in order. It has been

invariable practice to permit such debate in committee of the whole on

the state of the union.

_Mr. Toombs._ The practice may have been permitted; but it was wrong."

On appeal by Toombs the chairman was reversed.

Though Toombs--a whig--had stubbornly opposed the candidacy of Howell

Cobb--a democrat--he soon became to the latter, after his election as

speaker, the leading parliamentary authority. Often there would be

confused clamor and wild disorder, nearly every member proposing

something. At a loss himself, Cobb would look at Toombs and see him

intently conning his Jefferson. Soon he would rise, and being recognized

by the speaker at once, would forthwith suggest the right thing.

The foregoing was often told by Cobb, as his friends have informed me.

February 24, 1853, he shows up the bad consequences of overpaid offices,

the duties of which the holders can hire others to do for half of its

compensation; and March 2, the same year, he thus speaks of a cognate

evil:

"The gentleman seems to go upon the principle that as many clerks with

high salaries should be attached to one office as to any other--the

principle of equalizing the patronage of these different offices

without regard to the species of labor required by each."

I append here a collection of short extracts from Toombs's speeches in the

lower house, which illustrate his power to tickle the ear by striking

presentation, epigram, and novel expression:

_Debate always Harmless._ "A little more experience will show the

gentleman that he is mistaken, and that the absence of discussion here

does not accelerate adjournment. The most harmless time which is spent

by the house, he will find, is that spent in discussion." February 17,

1852.

_Nominees of National Conventions._ "What are the fruits of your

national conventions?... They have brought you a Van Buren, a

Harrison, a Polk, and a General Taylor.... I mean no disparagement to

any one of these. All of them but one [Van Buren] have paid the last

debt of nature, and the one who survives, unfortunately for himself,

has survived his reputation." July 3, 1852.

_Two Classes of Economists._ "There is a class of economists who will

favor any measure by which they can cut off wrong or extravagant

expenditures. But there is another class who are always preaching

economy--who are always ready to apply the rule of economy and get

economical in every case except that before the house." February 17,

1852.

_Principles of Banking._ "If we intend to regulate the business of

banking in this District, the bill does too little; if we do not, it

does too much, As it does not seek to control generally the business

of banking, but permits the issue of notes greater than five dollars,

it violates the principles of unrestrained banking, but does not go to

the extent of regulation by law. I think the public are more likely to

suffer, and to a greater extent, from bank issues above five dollars

than those under that amount." January 11, 1853.

_The Dahlonega Mint, in his own State._ "I believe the mints at

Dahlonega, Charlotte, and New York are each unnecessary.... I do not

desire to continue abuses in Georgia any more than in New York. I am

willing to pull up all abuses by the root.... I think the existing

mint is adequate to the wants of the country." February 17, 1853.

_Personal Explanations in Debate of Appropriations._ "I believe that

with all the abuses we have had in the discussion of appropriation

bills, we have never had personal explanations." February 21, 1850.

Toombs is now about to leave the lower for the upper house. He has grown

in all directions in the qualifications and powers marking the good

representative. There is no other man in the house, from either section,

whose ability is superior or whose promise greater. Three days before his

career in the United States senate begins, he made the following appeal,

protesting against hasty and reckless expenditure, which seems to me a

model of matter and extemporaneous expression:

"In this bill the fortification bill is introduced; and provision made

for private wagon ways for Oregon and California. There is in it an

appropriation of $100,000 to pay somebody for the discovery of ether.

You have a provision for a Pacific railroad; and you have job upon job

to plunder the government in the military bill;--and the

representatives of the people are called upon to vote on all these

grave questions under five minutes' speeches. You do gross injustice

to yourselves; you betray great interests of the people when you act

upon such important measures in this manner. Let the house reject the

amendments; let the senate devote its time to maturing bills, and send

them to us to be acted upon deliberately; and then whichever way

congress determines for itself, it will have a right so to do. But to

act upon them in this way, is not only to abdicate our powers, but to

abdicate our duties. Put your hands upon these amendments and strike

them out." March 1, 1853.

Manifestly all that he had learned of the pending bill was from having

heard it read. The instant apprehension and accurate statement, and the

exhaustion of the subject in far shorter time than his small

allowance--these recall what I often heard Stephens say, "No one else has

ever made such perfect and telling impromptus as Toombs."

His famous Hamilcar outburst did not consume all of his five minutes.

Toombs was United States senator from March 4, 1853, until the spring of

1861. His peculiarities must be suggested. Although he was perhaps the

ablest lawyer in the senate, loved the profession with all the ardor of

first love, and had great cases with large fees offered him every day, he

resolutely subordinated law practice to his congressional duties. He did

much practice, but it was all in the vacations of congress. He did not

seek office. There is not to be found, so far as I know, a trace of any

aspiration of his during his congressional career for other than the place

of senator. If on a special committee, he worked energetically; but he

avoided the standing committees. He says:

"It is only occasionally that I go to the committee meetings to make a

quorum to act on important business. I do not attend them one day more

than I am obliged to, for I am quite sure it is not my duty unless

charged with a certain subject. This whole machinery is a means of

transferring the legislation of the country from those to whose hands

the constitution commits it to irresponsible juntas.... I say general

standing committees, without any exception, are great nuisances, and

they ought to be abolished.... They are not proper bodies to exercise

legislative powers. They are not known in the country from which we

derive our institutions. The English have no standing committees. They

raise special committees on special objects."[100] February 18, 1859.

"The general business of the country," as he expressed it, January 10,

1859, that was his concern. Each subject requiring the action of the

senate, whether important or trivial, received his industrious attention,

as his course and language on the floor always show; and he evidently

feels it his duty to furnish the body on all questions the utmost

instruction and aid that he can possibly give. He had no ambition to be

the author of novel measures--he was strenuous only to bestow upon every

subject of current legislation the proper consideration. His premeditated

efforts are but few. He never shows any distrust of his offhand faculty.

He takes part in nearly all the discussions, often being up several times

the same day on the same subject. He is seldom lengthy, hardly ever away

from the point needing explanation, and never, never dull. Generally he

comes with correcting fact or enlightening principle, and it is seldom

that his matter and words are not both impressive. I found it well in

writing the Life mentioned above to present the most of his senatorial

course by assorting his utterances under their proper heads, with the

briefest possible comment, rather than to narrate chronologically in the

common way of biographers. In his speeches it is only now and then that he

is steadily progressive as he was in the Iowa contested election case. His

advocacy or opposition is generally founded upon a principle, and from

this principle--usually central and self-evident--the different passages

radiate in aphorisms, self-supporting paragraphs, and detached

arguments,--this common radiation being their only connection. Accordingly

if you know what is the particular subject that is under discussion, a

part taken at random anywhere from any of his extempore speeches is nearly

always complete in itself and fully intelligible. Therefore we can have

him to give in his own words, in a comparatively small space, an

approximately full collection of the rich and varied teachings of his

senatorial career, although our chrestomathy would appear to one putting

it beside the unmutilated report of the _Globe_ as a beggarly and jejune

abstract. I know of no other public man with whom this can be as

satisfactorily done. Of course the compilation made by me, as just told,

cannot be given here. He challenged every bad and defended every good

measure. He is on record both by speech, nearly always hitting the nail on

the head, and by vote, nearly always right, upon every one. What he did in

the house deserves close attention; but his actings and doings in the

senate, to which he belonged from March 4, 1853, until shortly after his

famous speech of January 7, 1861, when he left to go with his seceding

State, are such that I challenge all students of history to produce a

single example of such earnest grappling with and able handling of so many

matters of importance in so short a time--not eight full years--by any

member of ancient or modern parliaments.

Having now, I hope, aroused my readers to some faint conception of

Toombs's greatness as a senator in non-sectional matters, I must bring

that greatness into fuller view, if I can. I therefore add to the

foregoing catalogue the rough character sketch next following.

We begin with his devotion to his duties. One examining the _Globe_ will

hardly find any other member who calls as often for the reading of the

reports accompanying bills to pay private claims, and such other small

matters; and he will always observe that his immediate comment shows that

he has fully taken in what has been read. He said once, "I have been

reproached half a dozen times within the last two days as being rather

fractious because I desired to understand the business on which I was

called to vote." August 3, 1854.

The alert and intelligent vigilance which he gives every measure proposed

seems superior to that of all his colleagues. They acknowledge this by the

many inquiries they make of him for information as to pending bills. Thus

June 20, 1860, Green asks him where is the amendment? when was it adopted?

has the house disagreed to it? has it been before a committee? etc., and

every query is answered without hesitation. This but examples how the

other senators very often made a convenience of Toombs's accurate note of

what was passing.

He shows a like readiness upon facts of history--especially English and

American--on clauses of the constitution, or statutes, or treaties,

provisions of the law of nations, principles of political economy,

institutions, commercial systems, customs of particular nations, and all

such topics as may illustrate the pending question, however suddenly it

may have risen. And so he discusses every matter, grave or trivial, with

perfect grasp of the proposition submitted, and with fullness of

knowledge and understanding. He avoids strained and over-ingenious

reasoning. Plain and safe men never disparaged his arguments by calling

them hair-splitting or metaphysical. But though he took his stand upon the

palpable meaning of undisputed facts and the most plainly applicable

doctrines of reason and justice, he displayed an unparalleled power of

formulating in intelligible and striking words the key principles of

common affairs. This gift always found instant appreciation with practical

men, and they admired it as genius. Though he has his eye ever open to

principle, he is the very opposite of the mere doctrinaire. He is

practical, and always pushing business on, except when the bills depleting

the treasury--to use his favorite name for them--are up and likely to pass

because of the coalition between the opposition and the fishy democrats

which he is always exposing with exhaustless variety of language. Only

then he prefers to do nothing.

As to his own measures, he changes words, accepts amendments--in short

makes every concession which will gain him the substance of his desire.

We will here say a little of him as a speaker. He thus describes himself:

"I speak rapidly; but the idea which I intend to utter generally comes

out, sometimes perhaps with too much plainness of speech. What I say,

I mean; and the whole of what I mean generally gets out." July 30,

1856.

He shows in the following a contemptuous opinion of written speeches:

"As a general rule a speech that is fit to be spoken is not fit to be

printed, and one fit to be printed is not fit to be spoken.... The

senator from New York [Seward] comes in with his already in type;

other gentlemen around me, on both sides of the house, from all

sections of the union, who think proper to write essays, bring them

here and read them to the senate.... I am not objecting to their

character, but I would rather read them in my room. Of course nobody

pays any attention to them here." April 22, 1858.

He did not habitually correct the report of his speeches, as he says May

13, 1858; at the same time entering a general disclaimer as to all that he

does not report himself. This disclaimer must not be pressed too far. If

you are familiar with the man you need not fear being led astray by the

inaccuracies, the number of which he greatly exaggerates. His stamp is so

unmistakable that you always know what is his. Extempore discussion was

his forte. Therefore nearly all the quotations I use in the Life which I

have written I intentionally take from his shorter, impromptu, and

evidently unrevised speeches. These unlabored effusions, it matters not

how dry or small the particular theme may be, have generally the double

merit of showing the true solution and refreshing with figure, apt

illustration, or wit.[101]

In important debate he is conspicuously the strongest man in the senate.

We will run over the leading ones:

July 28, 1854, a bill containing appropriations for places in nearly every

one of the States came up. Through the long debate he evinces uncommon

power and readiness. He is too tart in rejoinder, and too much gives the

rein to invective.

In the two days' debate of the mail steamer appropriation--February 27,

28, 1855,--he distinguishes himself.

February 6, 1856, Toombs, with Hunter and Toucey, supports a resolution

proposing the origination of appropriation bills in the Senate. Sumner and

Seward take the other side. The argument of Seward is very elaborate,

notwithstanding his declaration at the outset that he is wholly

unprepared. It is demolished by Toombs in his most crushing style. Note,

too, how accurate the latter is as to the proceedings of the

constitutional convention, how familiar he is with the abuses of wild

appropriations which he is trying to correct, and how graphically he

depicts them.

July 28, 1856, the Black Lake harbor appropriation is the subject. All

that he says is noticeable for power; especially his replies to

interruptions by Pugh, Wade, and Cass. Though the bill was passed over his

head, as you read the report you feel that his was the actual triumph.

July 30, 1856, another debate of river and harbor improvements. It is

begun by Hunter. Benjamin takes the lead in support of the bill; Toombs

joins discussion with the latter, who by his coolness and adroitness for a

while foils his adversary; but soon Toombs gets his feet firmly on the

constitution, and still more firmly upon the injustice of extorting the

support of commerce from other interests, and he is resistless. The

disputants often put questions to one another. Toombs's promptness to

answer every adverse position is a taking exhibition. It is to be noted

that many sparkling sentences are struck out of him by the incessant

hammering of the others. At the close, he seems either to have wearied or

silenced his opponents. One cannot but feel that this is no arena for a

man who can make only written speeches.

August 4, 1856, the subject being the improvement of the Mississippi,

Toombs urges that the valley is prosperous, and it should improve its

river. The examination he gives the question is profoundly searching.

Towards the conclusion of the debate, Cass reads the counter doctrine of

Calhoun, in the report of latter to the Memphis convention, his reason

being, as he says: "I will confess frankly my object in reading it. The

senator from Georgia has treated the question with great ability; and I

want the same vehicle that carries his remarks to the public to carry

also the opinions and views of Mr. Calhoun, whose authority is vastly

better than mine."

Through the whole of this debate the faculty and force exhibited by Toombs

are wonderful even for him.

Consider all that he says of the proper management of the post-office,

February 28, 1859.

January 30, 1860, there was an animated debate, which occupied the morning

and was renewed in the evening. The vigorous blows which he deals the

coalition passing the appropriations--ever the theme of his severest

reprehension--and the review he makes of each item in the appropriation

bill, taken all in all, are high feats.

His conduct, January 6, 1857, in the Iowa contested election manifests

such rare courage against party and section for the right that it must be

told at some length. We think it belongs with the more important matters

just noticed rather than to its chronological place.

Harlan, a republican, had been sitting for some time as a senator from

Iowa. There was no contestant. The adverse report was grounded upon a

protest of the Iowa senate, stating that that body did not participate in

the so-called joint convention which had affected to elect Harlan. It

appeared that both houses of the Iowa legislature had met in joint

convention, had balloted without result, and the convention had adjourned

to meet at 10 A. M. the next day. On this day the senate--the majority of

its members manifestly being democrats and opposed to the sense of the

joint majority--met in their own chamber and adjourned before the hour

appointed for the assembling of the convention. But a majority of the

senate were present in the convention when it made the election--several

of them having been brought in by the sergeant-at-arms, and who protested

that they did not act in the proceedings. In the United States senate the

democrats were in a majority, but Toombs, who was always above mere party

considerations, supported the cause of Harlan, saying afterwards, "I

maintained his title, black Republican though he was, because I believed

it stood on right." February 15, 1858. The decision was against Harlan;

but I do not think that an unbiased man who regards mere technical rules

as no more than the instruments of justice, will fail to concur with

Toombs. His treatment of the subject is extremely good and entertaining.

Every material fact is given prominence; every important distinction

taken, as, for instance, that the convention, as it could do no

legislative act and did not require the concurrence of the executive, was

not really the legislature, but only the persons constituting the

legislature acting in a body of their own as electors; and further, his

position that after the convention had organized it could proceed with the

election as long as it had a quorum. Having completed a most lawyer-like

and concatenated argument, which is a wonderful exhibition of concise and

exhaustive extemporaneous reasoning, he rises to the higher plane of

statesmanship and justice, in which he shows in a vivid light what a

monstrous evil it would be to approve the factious withdrawal of the

majority of the Iowa senate from the convention. Note especially the many

questions asked him by different members, and the readiness and

satisfactoriness of his answers.[102] It is all in all one of the best

samples of Toombs's dispassionate debate to which I can refer. Very

probably the democrats would have done right by Harlan had it not been for

Bayard's argument, the special effectiveness of which was the use he made

of the case of his own election, in 1839, to the United States senate by

the Delaware legislature. As he stated it, it was this: There being a

majority of one in the Delaware house of representatives in favor of the

opposite party, a majority of that house refused to go into the joint

balloting. Bayard was elected, and it was maintained by his party, the

democrats, that a majority of the members of the two houses had authority

to proceed; but he hesitated, and at last consulted Silas Wright, of New

York. The latter gave a decided opinion that such an election was invalid.

Whereupon Bayard succumbed, and his State was without a senator for two

years. I cannot help feeling that if Wright had considered the subject and

bottomed it on true principle, as Toombs afterwards did, Bayard would have

settled down in the opposite conclusion, and he and Toombs in concert

would have forced their fellow-democrats of the United States senate into

doing justice to an opponent.

Many have been superior to Toombs in making perfect orations, but it is

hard to find in any deliberative body a match for him as a debater.

Charles Fox was a giant; but he did not have the strength, the grip, the

never remitted activity, the infinite thrust, the parry, illustration,

wit, epigram, and invincible appeal to conscience, feeling, and reason--in

short, the complete supply and command of all resources that marked Toombs

as foremost in the pancratium of parliamentary discussion. It ought to add

inexpressible brightness to his fame that he sought for no triumphs except

those of justice and good policy. He was far more than a mere logician in

debate. His brilliant snatches, his sudden uprisings, his thawing humor,

and flashing wit--all these did their part as effectively in winning favor

and working suasion as his array of facts and his ratiocination did theirs

in convincing. He was too prone to use harsh language towards the other

side. There are many places in his speeches where I wish he had used soft

instead of bitter words. That he could observe perfect parliamentary

propriety there are proofs in the _Globe_. Especially would I refer to his

behavior in the Harlan debate, spoken of a moment ago, and his discussion

of the Indiana senatorial election, June 11, 1858. Note the last

especially (belonging volume, 2943-2947) for his moderation, courtesy, and

invitation of question while he is most ably supporting the central

proposition he had before urged in the Iowa case.

Yet, in spite of his occasional vehemence and acrimonious language, he

seems to have the respect and regard of even his most decided political

opponents. Wade and he recognize each the great merit of the other. Once

after applauding his honesty and frankness, Toombs says of him: "He and I

can agree about everything on earth until we get to our sable population,

I do believe." March 22, 1858.

Wade had already said this of Toombs: "I commend the bold and direct

manner in which the senator from Georgia always attacks his opponents."

February 28, 1857.

February 8, 1858, Fessenden said, "I am very happy to get that admission

from the senator from Georgia. It is made with his customary frankness and

clearness."

Hale also respects him. January 23, 1857, he says that Toombs ought to

have been on the bench, complimenting his desire for justice and fairness

as well as his legal ability.

The northern democrat Simmons loves to praise him, as is evidenced by what

he says June 2, 1858, February 9, 1859, and June 23, 1860.

Such unsought and spontaneous commendations of the great southern partisan

by northern men during the heat of sectional agitation are extraordinarily

strong proofs of his high character as well as great genius.

Of course the southern members showed their appreciation. Especially note

what Bayard says March 21, 1860, and what Butler says January 6, 1857. I

could give many more such; but I shall only add here how, February 14,

1860, by reason of the importunate urgency of some of these, evidently

regarding him as the special southern champion, he is pushed into making

an able rejoinder to Hale, who had just concluded a reply to Toombs's

speech on the Invasion of States.

Toombs's inflexible keeping to what he deemed the right course parallels

the absolute fearlessness with which Julius Caesar, when a young man, clung

to the wife whom the all-powerful and bloody-minded Sulla commanded him to

put away. The Sulla of America are the people in their unconscientious

moments, and unpopularity the proscription threatened which disquiets

almost all public men with torturing apprehension. And so there is in

nearly every one some admixture of the trimmer. But Toombs never showed

fear either of the people at large or of those of his own State and

locality. He thus scourges juries assessing the value of land condemned

for the government:

"It has come to such a pass that in getting places for the army, it

seems to be considered better to be cheated by the owners of a site

out of a few hundred thousand for $10,000 worth of property rather

than trust a jury." June 12, 1860.

When he uttered the following he knew it was extremely unpalatable to his

section:

"The southern States from their sparseness of population do not pay

all their postal expenses. The whole mail service of the south ought

to pay its whole expenses, and I am ready to put it on that ground....

I say the point to retrench is in the south." February 28, 1859.

The following distasteful lesson he read his own State:

"I know that some of the mail routes in my own neighborhood were taken

away, and I never was consulted about them, and I never thought it was

the duty or business of the postmaster-general to consult me. I have

not been to his office during this winter in regard to a single one;

and I have been very much complained of, even in my own county and

town, on account of it.... I have a word to say about the _Isabel_.

She touches at Savannah; and I have received memorials from people,

letters from interested people, from the Savannah chamber of commerce,

and others, saying, 'By all means keep up the _Isabel_; we want it.'

It is a very popular thing; it is a good ship, and has done its duty

well. What have I to do but follow my uniform line of policy, and give

them the same rules as everybody else? Sixteen years' experience

here--and I was here in 1847, when this steamship system

commenced--have satisfied me that congressional contracts are always

unwise, and are the fruitful sources of boundless legislative

corruption. Therefore, I will never sustain one under any necessity

whatever." May 28, 1860.

February 22, 1859, though Iverson, his companion from Georgia, was the

other way, he advocated abolishing the mint at Dahlonega in that State,

and the mint also in North Carolina.

The last instance we cite is his declaration, April 25, 1856, that he had

always voted against a claim of the daughter of Governor Irvin of Georgia.

And to this proud independence he was without spot of corruption. This was

never questioned but once. May 13, 1858, he was taunted for having

supported the Galphin claim. When at last he sees that the charge is

seriously urged, in a becoming glow he demands an explanation. A

disclaimer of reflection upon his character being made, he gives a

detailed account of the claim, his steady support of it, and a complete

justification of George W. Crawford in the affair. At its close, Hammond

of South Carolina, who was familiar with all the details, bestowed upon it

his unqualified voucher. The lofty spirit and just indignation informing

this statement of Toombs from beginning to end distinguish it as that of

one who has kept out of dark places and walked so purely in the light that

accusation is far more of a surprise than insult.[103]

He never showed any symptom of the presidential fever, which, to say

nothing of its many other victims, enfeebled each one of the great

trio,--Clay, Calhoun, and Webster. Fully content with his place in the

senate, he did not look elsewhere. Taking popularity at its exact worth;

candid and frank to the extreme; contented in the course dictated by his

judgment and conscience though opposed by his people or party and his own

private interest; in no bargains with men nor smirching connections with

women, doing nothing in secret which, if published, would bring a blush;

elevated above the amiable weaknesses of unwise benevolence, ever

championing with all his powers the righteous cause of the weak and

unpopular,--as exampled in his maintaining the claims of certain persons

in Louisiana to the Houmas land against the formidable opposition of the

two senators from that State, in his extraordinarily eloquent appeal for

the naval officers retired without a hearing, in his heroic endeavor to

have his party seat the republican Harlan; incorruptible and really

consistent forever and always,--when he is scrutinized as a public man his

character rises into a grandeur of unselfishness, firmness of high

purpose, honesty, and power to show and do the right almost superhuman. It

stands by itself awe-striking and imposing.

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