CHAPTER IX.

TOOMBS IN THE SENATE.

When Robert Toombs entered the Senate of the United States, in 1853, the

_personnel_ of that body had changed since the great debates on the

compromise measures. Calhoun had died before the compromise was

effected, and only a short time after his last address had been read to

the Senate by Mr. Mason of Virginia. Clay survived his last greatest

work but two years, and on the 29th of June, 1852, was no more. Daniel

Webster lived only four months longer than Mr. Clay. Among the new

leaders in that body were Stephen A. Douglas of Illinois, William M.

Seward of New York, Salmon P. Chase of Ohio, and Charles Sumner of

Massachusetts. To this list may be added the familiar names of Thompson

of Mississippi, Bayard of Delaware, Toucey of Connecticut, Slidell of

Louisiana, Achison of Missouri, Bell of Tennessee, and Cass of Michigan.

The third great sectional fight on the Territories came up on the report

to organize a government for that tract of public domain lying in the

Louisiana cession, known as Kansas and Nebraska. In doing this, Mr.

Douglas, as chairman of the Committee on Territories, adopted the same

principle on the slavery question as had been settled in the Utah and

New Mexico bills of 1850.

The words of the Nebraska bill were that "said Territory, or any portion

of the same, shall be received into the Union with or without slavery as

their constitutions may prescribe at the time of their admission." Mr.

Douglas claimed that the question of congressional interference was an

"exploded doctrine"; that the Missouri Compromise bill had been ignored

by North and South; that the Wilmot Proviso had been rejected

altogether; and that the principles of 1850 had superseded the

principles of 1820. The committee sought to avoid the perils of slavery

agitation for all time, they claimed, by withdrawing the question of

slavery from the halls of Congress and from national politics. "Let the

new States and Territories," they said, "settle this matter for

themselves." Mr. Sumner of Massachusetts took the lead in opposing the

Kansas-Nebraska bill. He declared that the bill violated the principles

of the Missouri Compromise, which prohibited slavery in all that

territory ceded by France and lying north of 36 deg. 30'. He and his friends

held that this was a "sacred compact," and this territory could not be

controlled by the same principles as the land secured from Mexico.

The second bill drawn by Mr. Douglas, which provided for the

establishment of two territorial governments in Kansas and Nebraska,

instead of one, expressly repealed the Missouri Compromise as being

inconsistent with the principles of non-intervention by Congress. Here,

then, the contest waged anew.

One of the first speeches made by Senator Toombs was on the 23d of

February, 1854, on the Kansas-Nebraska bill.

Douglas was in charge of the Territorial bills, and his readiness in

debate, his sinewy intellect, his tact and shrewdness, had gained for

him the name of "Little Giant." Seward, Chase, and Sumner had been

elected from their States as "independent Democrats" by the

Abolitionists, who held the balance of power in New York, Ohio, and

Massachusetts. Mr. Toombs was more than willing to measure swords with

the champions of free soil. He declared that he would address himself to

the consideration of the Kansas-Nebraska bill "with a heart filled with

gratitude to the Disposer of human events, that after the conflicts of

more than a third of a century this great question has found its

solution, not in temporary expedients for allaying sectional discord,

but in the true principles of the Constitution and upon the broad

foundation of justice and right, which forms the only true basis of

fraternity and of national concord."

Mr. Toombs repudiated the libel cast by Mr. Sumner upon Northern men who

"dared to exercise the rights of freemen" and differ from the

Abolitionists upon this question. "It appears," said he, "from the

speeches of the senator from Massachusetts, that all such are white

slaves, whose manhood has been debased and enervated by the irresistible

attractions of slave power." He declared that the men who talked about

"solemn compact" in this connection were men whom "no oaths can bind and

no covenants restrain." They called the Missouri Compromise a compact,

yet showed their willingness to violate it.

"In all governments," said Mr. Toombs, "the acquisitions of the state

belong rightfully to the people. Much more strongly does this principle

apply to a purely popular government. Therefore, any exercise of power

to injure or destroy those who have equal rights of enjoyment is

arbitrary, unauthorized by the contract, and despotic."

"You have no power to strike from the meanest Indian trapper, the basest

trader or camp-follower, as the senator from New York styled these

people, their equal privileges, this sovereignty of right, which is the

birthright of every American citizen. This sovereignty may--nay, it

must--remain in abeyance until society becomes sufficiently strong and

stable to be entitled to its full exercise, as sovereignty does not

belong to the general government, and its exercise is a marked

usurpation."

"The power and duty, then, of this government over the inchoate society

of the Territories, is simply to protect this equality of right of

persons and property of all the members of society until the period

shall arrive when this dormant sovereignty shall spring into active

existence and exercise all the powers of a free, sovereign, and

independent State. Then it can mold, according to its own sovereign will

and pleasure, its own institutions, with the single restriction that

they must be republican."

"Justice," said Mr. Toombs, "is the highest expediency, the supremest

wisdom. Applying that test to the principles of this measure, I say that

no fair man in any portion of the country can come to any other

conclusion than that it establishes between the people of this Union,

who are bound together under a common Constitution, a firm, a permanent,

a lasting bond of harmony.

"What is it that we of the South ask? Do we make any unjust or unequal

demands on the North? None. Do we ask what we are not willing on our

side to grant to them? Not at all. We say to them 'Gentlemen, here is

our common territory. Whether it be ceded by old States, whether it be

acquired by the common treasure, or was the fruits of successful war to

which we rallied, and in which we all fought, we ask you to recognize

this great principle of the revolution: let such as desire, go there,

enjoy their property, take with them their flocks and herds, their

men-servants and maid-servants, if they desire to take them there; and

when the appropriate time comes for the exercise of the dormant

sovereignty of the people, let them fix the character of their

institutions for themselves.'"

Senator Toombs ridiculed the idea of the "thunder of popular

indignation." "If even this were true, it should in no wise control the

actions of American senators. But it is not real but melodramatic

thunder--nothing but phosphorus and sheet-iron."

Senator Toombs admitted that the North had the power to reject the

principles of the Kansas-Nebraska bill. They had a majority in the House

and Senate. Aristides had said, "True, you can do it; you have got the

power; but, Athenians, it is unjust."

[Illustration: ROBERT TOOMBS, UNITED STATES SENATOR FROM GEORGIA, 1855.]

Senator Toombs was a bold man. When he adopted a line of argument, he

was willing to follow wherever its conclusions led. He did not

hesitate, in this speech, to admit that "if you yield to the people the

right to mold their institutions, the establishment of polygamy may

result legitimately therefrom." This point had been made in debate to

fight the principle of the Kansas-Nebraska bill. Said Senator Toombs:

"It is just what they have a right to do. When the people of Utah make

their organic law for admission to the Union, they have a right to

approximate, as nearly as they please, the domestic manners of the

Patriarchs. Connecticut may establish polygamy to-morrow. The people of

Massachusetts may do the same. How did they become possessed of greater

rights, in this or any other respect, than the people of Utah? The right

in both cases has the same foundation--the sovereignty of the people."

Senator Toombs adverted to the fact that Henry Clay had denied that he

framed the Missouri Compromise; that it did not originate in the House,

of which he was a member; that he did not even know if he voted for it.

Senator Toombs held the Act of 1820 to be no compact--binding upon no

man of honor; but, on the contrary, a plain and palpable violation of

the Constitution and the common rights of the citizens, and ought to be

immediately abrogated and repealed. He declared that it had been

rejected by the North when passed, and rejected when Arkansas was

admitted, when Oregon was formed, when California was received as a

State. If the Kansas bill was settled upon sound and honest principles,

he maintained that it should be applied to territory ceded from France

just as elsewhere. He contended that the Missouri Compromise of 1820 was

not a compromise in any sense of the term, but an unconstitutional

usurpation of power. "When we look into the Constitution, we find no

antislavery power planted in that instrument. On the contrary, we find

that it amply provides for the perpetuity and not for the extinction of

slavery."

Senator Toombs closed his first speech in the Senate with these words:

"The senator from New York asks where and when the application of these

principles will stop. He wishes not to be deceived in the future, and

asks us whether, when we bring the Chinese and other distant nations

under our flag, we are to apply these principles to them? For one, I

answer yes; that wherever the flag of the Union shall float, this

republican principle will follow it, even if it should gather under its

ample folds the freemen of every portion of the universe."

The Kansas-Nebraska bill reopened the whole question of slavery. In the

North, it was a firebrand. Mr. Buchanan, in his book, written after his

retirement from the presidency, said that the South was for the first

time the aggressor in this legislation. Mr. Fillmore declared that the

repeal of the Missouri Compromise was "the Pandora Box of Evil." Mr.

Douglas was reviled by his opponents and burned in effigy at the North.

His leadership in this fight was ascribed to his overweening ambition to

reach the presidency. The clergymen of New England and of Chicago

flooded the Senate with petitions crying against this "intrigue." On May

26, 1854, at one o'clock in the morning, the bill passed the Senate by a

vote of 31 to 13. The "nays" were Messrs. Allen, Bell, Chase, Clayton,

Fish, Foote, Gillet, Hamlin, James, Seward, Sumner, Wade, and Walker.

The enactment of this measure into a law did not settle the question. It

resulted in a strife in the Territories themselves. For two years Kansas

was in a state of civil war. The Emigrant Aid Societies of New England

raised large sums of money to send to the Territories Free-Soil settlers

and other agitators. A counter-stream of agitators set in from Missouri,

in sympathy with the slavery men, and the result was a long series of

bloody disorders. In February, 1856, Mr. Toombs made a speech upon the

message of the President in regard to the lawless condition of Kansas.

The Governor informed President Pierce that the laws were obstructed

and openly resisted by bodies of armed men; that prisoners were rescued

from the sheriffs, peaceable inhabitants murdered, and houses burned.

Another authority informed the President that an overwhelming force was

crossing the border for the avowed purpose of invading Kansas and

butchering the unoffending Free-State citizens. One side claimed

protection from insurrection within, the other from invasion without.

As to the Emigrant Aid Societies, Mr. Toombs said, "Whatever be their

policy, whatever their tendency to produce strife, if they simply aid

emigrants from Massachusetts to go to Kansas to become citizens of that

Territory, I am prepared to say that they violate no law; they have a

right to do it, and every attempt to prevent their doing so violates the

law and ought not to be sustained. But if they send persons there

furnished with arms, with the intent to offer forcible resistance to the

constituted authorities, they are guilty of the highest crime known to

civil society, and are amenable to its penalties. I shall not undertake

to decide upon their conduct. The facts are not before me, and I

therefore pass it by."

Mr. Toombs thought it would be difficult to imagine a case calling more

loudly for the intervention of Federal power. Mr. Toombs favored the

supremacy of the law in the Territories at any cost. "If traitors seek

to disturb the peace of the country, I desire that it shall be no

sectional contest. I do not see the end of that. I prefer that the

conflict shall be between the Federal Government and the lawless. I can

see the end of that. The law will triumph and the evil stop."

"We who pass this Kansas-Nebraska bill, both at the North and South,

intend to maintain its principles. We do not intend to be driven from

them by clamor nor by assault. We intend that the actual _bona fide_

settlers of Kansas shall be protected in the full exercise of all the

rights of freemen; that, unawed and uncontrolled, they shall freely and

of their own will legislate for themselves, to every extent allowed by

the Constitution, while they have a territorial government; and when

they shall be in a condition to come into the Union and may desire it,

that they shall come into the Union with whatever republican

constitution they may prefer and adopt for themselves; that in the

exercise of their rights they shall be protected from insurrection from

within and invasion from without."

In answer to Senator Hale of New Hampshire, Senator Toombs agreed that

the Territory of Kansas would certainly be a free State. Such, he

thought would be its future destiny. "The senator from New Hampshire,"

he said, "was unable to comprehend the principles of the bill. The

friends of the Kansas bill, North and South, supported the bill because

it was right, and left the future to those who were affected by it. The

policy of the Kansas bill wrongs no man, no section of our common

country. We have never asked the government to carry by force, or in any

way, slavery anywhere. We only demand that the inhabitants of the

Territories shall decide the question for themselves without the

interference of the government or the intermeddling of those who have no

right to decide."

Mr. Toombs and Senator Hale of New Hampshire seem to have been pitted

squarely against each other in this great debate.

In 1854, during the progress of the Kansas debate, Mr. Toombs occupied

Mr. Hale's desk, and alluded to the taunts which Mr. Hale had heaped

upon the heads of senators who had sustained the compromise measures of

1850. He had predicted that they would be driven from their seats; that

the mighty North would drive them from their benches. The distinguished

senator from Michigan, Mr. Cass, was the especial object of these

assaults. "But the result," said Mr. Toombs, looking about him, "is that

the gentleman who made these declarations is not here."

In 1856, however, Mr. Hale was returned to the Senate and met Mr.

Toombs in the Kansas debate, and the discussion was continued with the

same acrimony.

"Let there be no legislative aggression on either side," continued Mr.

Toombs. "If the senator from New Hampshire is sincere, he will stand

there. The common property is open to the common enjoyment of all. Let

it remain so."

Mr. Toombs charged Senator Hale with saying that the North had always

been practically in a minority in the Senate, because the South bought

up as many Northern men as it wanted. "Sir, I stand here to-day in

behalf of the North to repel the accusation."

Mr. Hale: "Who made it?"

Mr. Toombs: "You said it. I have it before me in your printed speech. I

heard it delivered, and you are correctly reported."

In a letter to Mr. B. F. Hallet of Boston, in 1856, Mr. Toombs denied

saying that he would "call the roll of his slaves at the base of Bunker

Hill Monument." He charged Senator Hale with misrepresenting him to this

extent.

No man was oftener misquoted by word of mouth or in public print. As

bold as he was in speech and as free to speak out what was in his mind,

he once remarked to an intimate friend, Dr. Steiner of Augusta, that he

rarely ever saw his name in print that it was not attached to a lie.

We are not left to tradition or the dictum of political opponents to

know how seriously Mr. Toombs regarded the question of war between the

North and South. In this same debate with Senator Hale, Mr. Toombs said:

"He told us the North would fight. I believe that nobody ever doubted

that any portion of the United States would fight on a proper occasion.

Sir, if there shall ever be civil war in this country, when honest men

shall set about cutting each other's throats, those who are least to be

depended upon in a fight will be the people who set them at it. There

are courageous and honest men enough in both sections to fight.... No,

sir, there is no question of courage involved. The people of both

sections of the Union have illustrated their courage on too many

battlefields to be questioned. They have shown their fighting qualities,

shoulder to shoulder, whenever their country has called upon them; but

that they may never come in contact with each other in fratricidal war,

should be the ardent wish and earnest desire of every true man and

honest patriot."

Robert Toombs Statesman, Speaker, Soldier, Sage · 第 9 / 31 章