CHAPTER V.

IN THE LOWER HOUSE.

Robert Toombs took his seat in the twenty-ninth Congress in December,

1845. The Democrats organized the House by the election of John W. Davis

of Indiana, Speaker. The House was made up of unusually strong men, who

afterward became noted in national affairs. Hannibal Hamlin was with the

Maine delegation; ex-President John Quincy Adams had been elected from

Massachusetts with Robert C. Winthrop; Stephen A. Douglas was there from

Illinois; David Wilmot from Pennsylvania; R. Barnwell Rhett and

Armistead Burt from South Carolina; Geo. C. Droomgoole and Robert M. T.

Hunter of Virginia, Andrew Johnson of Tennessee, were members, as were

Henry W. Hilliard and W. 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 unavoidable. President Polk occupied an

extreme position, and declared in his message to Congress that our title

to the whole of Oregon was clear. The boundary of the ceded territory

was unsettled. The Democrats demanded the occupation of Oregon, with the

campaign cry of "fifty-four forty or fight."

Mr. Toombs did not accept President Polk's position. His first speech in

the House was made January 12, 1846, and at once placed him in the front

rank of orators and statesmen. He said that it was not clear to him that

our title was exceptional up to 54 deg.40'. Our claim to the territory north

of the Columbia River was 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 thousand British cannon, floating on every ship, 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 he to obtain honorable

peace; but dishonorable peace was worse than war--it was the worst of

all evil.

War was the greatest and the most horrible of calamities. Even a war for

liberty itself was rarely compensated by the consequences. "Yet the

common judgment of mankind consigned to lasting infamy the people who

would surrender their rights and freedom for the sake of a dishonest

peace."

"Let us," cried the speaker, turning to his Southern colleagues, "let us

repress any unworthy sectional feeling which looks only to the

attainment 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 appreciates her

position. She has at length begun to avail herself of her advantages by

forming a great commercial line between the Atlantic and the West. She

is embarking in enterprises of intense importance, and is beginning to

provide manufactures 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

consecrated 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, whatever may be her sacrifice, she will display a magnanimity as

great as the occasion and as prolonged as the conflict."

Mr. Toombs indorsed the conservative action of the Senate, which forced

President Polk from his extreme position and established the parallel of

49 deg. 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 specific, 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 nations, his tariff speech proved him

a student of fiscal matters and a master of finance. His genius, as

Jefferson Davis afterward remarked, lay decidedly in this direction. Mr.

Toombs announced in his tariff speech that the best of laws, especially

tax laws, were but approximations of human justice. He entered into an

elaborate argument to controvert the idea that low tariff meant

increased revenue. The history of such legislation, he contended, 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 arms," said he, "will not redound to the glory of our

republic."

The Whigs approached the Presidential campaign of 1848 with every chance

of success. They still hoped that the Sage of Ashland might be the

nominee. George W. Crawford, ex-Governor of Georgia, and afterward

member of the Taylor Cabinet, perceiving that the drift in the West was

against Mr. Clay, offered a resolution in the Whig convention that

"whatever may have been our personal preferences, we feel that in

yielding them at the present time, we are only pursuing Mr. Clay's own

illustrious example." Mr. Toombs stated to his constituents that Clay

could not be nominated because Ohio had declared that no man who had

opposed the Wilmot Proviso could get the vote of that State. The Whigs,

who had opposed the Mexican war, now reaped its benefits by nominating

one of its heroes to the Presidency, and Zachary Taylor of Louisiana

became at once a popular candidate. Millard Fillmore of New York was

named for vice president, and "Rough and Ready" clubs were soon

organized in every part of Georgia. The venerable William H. Crawford

headed the Whig electoral ticket in Georgia, while Toombs, Stephens, and

Thomas W. Thomas led the campaign.

The issue of the campaign in Georgia was the Clayton compromise which

the Georgia senators had sustained, but which 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 Congress and not the courts must change 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 never to surrender

territory, until it shall be wrested from us as we have wrested it from

Mexico. Such a surrender would degrade and demoralize our section and

disable us for effective resistance against future aggression. It is far

better that this new acquisition should be the grave of the republic

than of the rights and honor of the South--and, from present

indications, to this complexion it must come at last."

Mr. Toombs demanded that what was recognized by law as property in the

slaveholding States should be recognized in the Mexican territory. "This

boon," he pleaded, "may be worthless, but its surrender involves our

honor. We can permit no discrimination against our section 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 embroiled 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 compromise. Stephens had retorted sharply that if

Cone had said this he would slap his face. After some correspondence the

two men met in Atlanta, September 4, 1848. The trouble was renewed;

Judge Cone denounced Mr. Stephens, who rapped him over the shoulders

with a whalebone 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

despaired 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 managed to write with his left

hand, as he could not use his right. "I hope," he says, "I will be able

to take the stump again next week for old Zach. I think Mr. Toombs has

had the weight of the canvass long enough, and though he 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 Mr. Preston's which, you know, was enough to move mountains. I

got a letter the other day from Mr. C----, who gives it as his opinion

that Ohio would go for General Taylor. If so, he will be elected. And

you know how I shall hail such a result."

During Mr. Stephens' illness Mr. Toombs canvassed many of the counties

in the Stephens district. Both men were reelected to Congress, and

Zachary Taylor received the electoral vote of Georgia over Lewis Cass of

Michigan, and was elected President of the United States.

The Democrats, who put out a candidate this year against Mr. Toombs,

issued an address which was evidently not inspired by the able and

deserving gentleman who bore their standard, but was intended as a sharp

rebuke to Mr. Toombs. It is interesting as showing 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 selfish aspirations, no vaulting

ambition to carry him astray: no vanity to lead where it is glory enough

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 hall. His eloquence has that sort of

splendor mixed with the false and true which is calculated to dazzle the

multitude. He would rather win the applause of groundlings by some silly

tale than gain the intelligent by the most triumphant course of

reasoning." Mr. Toombs carried every county in the district and was

returned to Congress by 1681 majority.

When Mr. Toombs returned to Washington he had commanded national

prominence. He had not only carried his State for Zachary Taylor, but

his speech in New York, during a critical period of the canvass, had

turned the tide for the 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 sensational accounts of a rupture between President

Taylor and Messrs. Toombs and Stephens. According to this account the

Georgia congressmen called on the President and expressed strong

disapprobation of his stand upon the bill to organize the Territory of

New Mexico. It was said that they even threatened to side with his

opponents to censure him upon his action in the case of Secretary

Crawford and the Golphin claim. The President, the article recited, was

very much troubled over this interview and remained despondent for

several days. He took his bed and never rallied, dying on the 9th of

July, 1850. Mr. Stephens published a card, promptly denying this

sensation. He said that neither he nor his colleague Mr. Toombs had

visited the President at all during or previous to his last illness, and

that no such scene had occurred.

Toombs and Stephens, in fact, were warm personal friends of George W.

Crawford, who was Secretary of War in Taylor's Cabinet. He had served

with them in the General Assembly of Georgia and had twice been Governor

of their State. The Golphin claim, of which Governor Crawford had been

agent, had been collected from the Secretary of the Treasury while

Governor Crawford was in the Cabinet, but President Taylor had decided

that as Governor Crawford was at the head of an entirely different

department of the government, he had been guilty of no impropriety.

After the death of President Taylor, Governor Crawford returned to

Augusta and was tendered a public dinner by his fellow-citizens,

irrespective of party. He delivered an eloquent and feeling address. He

made an extensive tour abroad, then lived in retirement in Richmond

County, enjoying the respect and confidence of his neighbors.

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