CHAPTER VI.

THE COMPROMISE OF 1850.

No legislative body ever assembled with more momentous measures before

it than the thirty-first Congress of the United States. An immense area

of unsettled public domain had been wrested from Mexico. The Territories

of California, Utah, and New Mexico, amounting to several hundred

thousand square miles, remained undisposed of. They comprised what Mr.

Calhoun had termed the "Forbidden Fruit," and the trouble which

beclouded their annexation threatened to surpass the storms of conquest.

Congress felt that it was absolutely without light to guide it. It had

declined to extend the Missouri Compromise line to the Pacific Ocean.

Henry Clay had pronounced such division of public domain between the

sections a "Utopian dream," and Zachary Taylor had condemned the

principle in the only message he ever delivered to Congress. What Mr.

Lincoln afterward embodied in his famous expression that the Union could

never exist "half slave, half free," had been actually anticipated. The

whole territorial question came up as a new problem. But if the crisis

was now momentous the body of statesmen which considered it was a great

one. The men and the hour seemed to meet in that supreme moment. The

Senate consisted of sixty members, and for the last 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 H. Seward had entered the Senate from New York;

James M. Mason and Robert M. T. Hunter represented Virginia; Wm. C.

Dawson 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. The House was unusually strong and

divided with the Senate the stormy scenes and surpassing struggles over

the compromise measures of 1850. It was the time of breaking up of party

lines, and many believed that the hour of disunion had arrived.

The Whig caucus, which assembled to nominate a candidate for Speaker of

the House, sustained a serious split. Robert Toombs offered a resolution

that Congress should place no restriction upon slavery in the

Territories. The Northern Whigs 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 Massachusetts. In the midst of these stormy scenes Mr. Toombs forced

the fighting. He declared with impetuous manner that he believed the

interests of his people were in danger and he was unwilling to surrender

the great power of the Speaker's chair without security for the future.

"It seems," he said, "that we are to be intimidated by eulogies of the

Union and denunciations of those who are not ready to sacrifice national

honor, essential interests, and constitutional rights upon its altar.

Sir, I have as 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 misrepresent my conduct or opinions

in relation to these questions, which, in my judgment, so vitally

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 legislation you seek to drive us from the

Territories purchased by the common blood and treasure of the people,

and to abolish slavery in the District, thereby attempting to fix a

national degradation upon half the States of this confederacy, I am for

disunion, 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 organization which you seek will

not be used to the injury of my constituents; then you can have my

cooperation, 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 words just given. The House was filled with storms of applause

and jeers, and, as can be imagined, Mr. Toombs' speech did not soothe

the bitterness or alter the determination of either side.

On the 22d of December a conference was held by Whigs and Democrats, the

Southern Whigs excepted, and a resolution reported that the person

receiving the largest number of votes for Speaker, on a certain ballot,

should be declared elected, provided 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 question pending. Mr. Stanton contended that he had the floor.

Toombs called out: "You may cry 'order,' gentlemen, 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 gentleman to order."

Mr. Toombs: "I say that by the law of 1789 this House, until a Speaker

is elected and gentlemen have taken the oath of office, has no right to

adopt any rules whatever."

(Loud cries of "order.")

Mr. Toombs: "Gentlemen may amuse themselves crying 'order.'"

(Calls of "order.")

Mr. Toombs: "But I have the right and I intend to maintain the right

to----"

Mr. Vandyke called upon the clerk to put the preceding question. "Let us

see," he said, "whether the gentleman will disregard the order of this

House."

Mr. Toombs: "I have the floor, and the clerk cannot put the question."

"The House," he said, "has no right. Gentlemen 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 encourage 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. Members 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, and the Constitution of the United

States, to put me down ["order, order, call the roll"], you will find it

a vain and futile attempt. ["Order."] I am sure I am indebted to the

ignorance of my character on the part of those who are thus disgracing

themselves ["order, order"], if they suppose any such efforts as they

are now making will succeed in driving me from the position which I have

assumed. I stand upon the Constitution of my country, upon the liberty

of speech which you have treacherously violated, and upon the rights of

my constituents, and your fiendish yells may be well raised to drown an

argument which you tremble to hear. You claim and have exercised the

power to prevent all debate upon any and every subject, yet you have not

as yet shown your right to sit here at all. I will not presume that you

have any such right ["order, order"]. I will not suppose that the

American people have elected such agents to represent them. I therefore

demand that they shall comply with the Act of 1789 before I shall be

bound to submit to their authority." (Loud cries of "order.")

The Act to which Mr. Toombs referred recited that the oath must be

administered by the Speaker to all the members present, and to the

clerk, previous to entering on any other business. This he tried to

read, but cries of "order" drowned his voice.

Throwing aside his manual Mr. Toombs walked further out into the aisle

and assumed a yet more defiant position.

"You refuse," he said, "to hear either the Constitution 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 will. Every freeman from the Atlantic to the Pacific shore

shall hear them, and every honest man shall consider them. You cannot

stifle the voice that shall reach their ears. The electric spark shall

proclaim to the freemen of this republic that an American Congress,

having conceived the purpose to violate the Constitution and the laws to

conceal their enormities, have disgraced the record of their proceedings

by placing upon it a resolution that their representatives shall not be

heard in their defense, and finding this illegal resolution inadequate

to secure so vile an end, have resorted to brutish yells and cries to

stifle the words of those they cannot intimidate."

The clerk continued to call the roll, and Mr. Toombs with splendid

audacity turned upon him. Pointing his finger at the _locum tenens_, he

cried with scorn: "I ask by what authority that man stands there and

calls these names. By what authority does HE interfere with the rights

of a member of this House. [The clerk continued to call.] He is an

intruder, and how dares he to interrupt members in the exercise of

their constitutional rights. Gentlemen, has the sense of shame departed

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

delegated to the House must be used by a majority of the House. He

concluded:

"I therefore demand of you before the country, in the name of the

Constitution and the people, to repeal your illegal rule, reject the one

on your table, and proceed to the discharge of your high duties, which

the people have confided to you, according to the unvarying precedents

of your people and the law of the land."

This performance was denounced by Northern restrictionists as menacing

and insolent. Mr. Stephens, in his "War Between the States," contended

that it should rather be considered in the light of a wonderful

exhibition of physical as well as intellectual prowess--in this, that a

single man should have been able, thus successfully, to speak to a

tumultuous crowd and, by declamatory denunciations combined with solid

argument, to silence an infuriated assembly.

The noise during the delivery of this speech gradually ceased. The

clerk stopped calling the roll, all interruptions were suspended and

"every eye," says Mr. Stephens, "was fixed upon the speaker." It was a

picture worthy of ranking with Lamartine's great speech to the

revolutionists in France.

On the 29th of February Mr. Toombs addressed the House upon the general

territorial question. He said:

"We had our institutions when you sought our allegiance. We were content

with them then, and we are content with them now. We have not sought to

thrust them upon you, nor to interfere 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 for our protection, it will then be

not only the right but the duty of the slaveholding States to resume the

powers which they have conferred upon this government and to seek new

safeguards for their future protection.... We took the Constitution 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 who is for the Union at

every hazard and to the last extremity; when 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 compromise measures were shifting

from House to House, the question was put to some of the advocates of

the admission of California, whether they would under any circumstances

admit a slave State into the Union. 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 slavery. The

South had uniformly maintained this right.

"The evidence is complete," he said. "The North repudiated this

principle."

"I intend to drag off the mask before the consummation of the act. We do

not oppose California on account of the antislavery clause in her

constitution. It was her right, and I am not even prepared to say she

acted unwisely in its exercise--that is her business: but I stand upon

the great principle that the South has the right to an equal

participation in the Territories of the United States. I claim the right

for her to enter them with all her property and security to enjoy it.

She will divide with you if you wish it: but the right to enter all, or

divide, I will never surrender. In my judgment this right, involving, as

it does, political equality, is worth a dozen such Unions as we have,

even if each were a thousand times more valuable than this. I speak not

for others, but for myself. Deprive us of this 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 delivered under the menace of

the Wilmot Proviso, 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 his

compromise resolutions to admit California under the government already

formed, prohibiting slavery; to organize territorial governments for

Utah and New Mexico without slavery restrictions; to pass a

fugitive-slave law, and to abolish the slave trade in the District of

Columbia. On the 7th of March, 1850, Mr. Webster delivered his great

Union speech, in which for the first time he took strong grounds against

congressional restriction in the Territories. It created a profound

sensation. It was on the 4th of March that Senator Mason read for Mr.

Calhoun the last speech that the latter ever prepared. 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 the only

danger threatening the government arose from its centralizing tendency.

It was "the sunset of life which gave him mystical lore."

Debate continued through the spring and summer with increasing

bitterness. On the 31st of July Mr. Clay's "Omnibus Bill," as it was

called, "went to pieces," but the Senate took up the separate

propositions, passed them, and transmitted them 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 inapplicable, and the common law, as it

existed in the British colonies of America until July 4, 1776, shall be

the exclusive laws of said Territory upon the subject of African

slavery, until altered by the proper authority. This was rejected by the

House. On September 6 the Texas and New Mexico bill, with the Boyd

amendment, passed by a vote of 108 to 97--and the anti-restrictionists,

as Mr. Stephens said, won the day at last. This was the great compromise

of that year, and the point established was that, since the principle of

division of territory between the North and South had been abandoned,

the principle of congressional restriction should also be abandoned, and

that all new States, whether north or south of 36 deg. 30', should be

admitted into the Union "either with or without slavery as their

constitution might prescribe at the time of their admission."

During this memorable contest Mr. Toombs was in active consultation with

Northern statesmen, trying to effect the compromise. He insisted that

there should be no congressional exclusion of slavery from the public

domain, but that in organizing territorial governments the people should

be allowed to authorize or restrict, as they pleased. Until these

principles were settled, however, he would fight the admission of

California. Into this conference Mr. Stephens and Howell Cobb were

admitted, and at a meeting at the house of the latter an agreement was

reached between the three Georgians and the representatives from

Kentucky, Ohio, and Illinois, that California should be admitted: that

the Territories should be organized without restriction, and that their

joint efforts should be used to bring this about as well as to defeat

any attempt to abolish slavery in the District of Columbia. Here was the

essence of the compromise, built upon the great measures of Henry Clay,

and finally ripening into the legislation of that session. Here was the

agreement of that compact which formed the great "Constitutional Union

Party" in Georgia, and which erected a bulwark against disunion, not

only in Georgia, but on the whole Southern seaboard. The disunion

movement failed in 1850. "At the head of the States which had the merit

of stopping it," said Thomas H. Benton, "was Georgia, the greatest of

the South Atlantic States." And that Georgia stood steadfast in her

place, and declined every overture for secession, was because of the

united prestige and splendid abilities of Howell Cobb, Alexander H.

Stephens, and Robert Toombs.

* * * * *

During this stormy session Mr. Toombs' heart continually yearned for

home. He was a model husband and a remarkable 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 days or at

most in a week. I am greatly in hopes that we will not pass

over them without final action of some sort, and if we can

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 abandon 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.

Robert Toombs Statesman, Speaker, Soldier, Sage · 第 6 / 31 章