"General, probably it is someone who thinks he knows you."

"No," replied Toombs quietly, "that man is a spy."

Lieutenant Irvin asked what should be done. General Toombs told him to go out and question the man and, if convinced that he was a spy, to throw him over the stern-rail of the steamer. Lieutenant Irvin got up and went on deck. The stranger followed him. Irvin walked toward the rail. The stranger asked him where he was from. He answered "North Carolina."

"Who is that with you?" he questioned.

"My uncle, Major Martin," said Irvin.

The man then remarked that it looked very much like Robert Toombs. Irvin answered that the likeness had been noted before, but that he could not see it.

"Young man," said the stranger, "I don't want to dispute your word, but that is certainly Toombs. I know him well, and am his friend."

Irvin then gave up the idea of throwing him overboard. Had the brave young officer not been convinced that the party questioning him was Colonel M. C. Fulton, a prominent resident of Georgia, he says he would certainly have pitched him into the Gulf of Mexico.

General Toombs, when informed of the ident.i.ty of Colonel Fulton, sent for him to come to his room, and the two men had a long and friendly conversation.

Arriving at New Orleans General Toombs drove up to the residence of Colonel Marshal J. Smith. On the 4th of November, 1865, he boarded the steamship _Alabama_, the first of the Morgan line put on after the war between New Orleans, Havana, and Liverpool. A tremendous crowd had gathered at the dock to see the steamer off, and Lieutenant Irvin tried to persuade General Toombs to go below until the ship cleared. But the buoyant Georgian persisted in walking the deck, and was actually recognized by General Humphrey Marshall of Texas, who had known him in the Senate before the war.

"No," said Toombs to his companion's expostulations, "I want fresh air, and I will die right here. I am impatient to get into neutral waters, when I can talk. I have not had a square, honest talk in six months."

By the time the good ship had cleared the harbor, everybody on board knew that Robert Toombs, "the fire-eater and rebel," was a pa.s.senger, and hundreds gathered around to listen to his matchless conversation.

Lieutenant Irvin never saw General Toombs again until 1868. He himself was an officer of the Irvin artillery, Cutts' battalion, being a part of Walker's artillery in Longstreet's corps. Entering the army at seventeen years of age, Charles E. Irvin was a veteran at twenty-one. He was brave, alert, tender, and true. He recalls that when his company joined the army in Richmond, Robert Toombs, then Secretary of State, gave them a handsome supper at the Exchange Hotel. "I remember," said he, "with infinite satisfaction, that during the seven months I accompanied General Toombs, in the closest relations and under the most trying positions, he was never once impatient with me." Frequently, on this long and perilous journey, Toombs would say; "Well, my boy! suppose the Yankees find us to-day; what will you do?" "General, you say you won't be taken alive. I reckon they will have to kill me too."

General Toombs often declared that he would not be captured.

Imprisonment, trial, and exile, he did not dread; but to be carried about, a prize captive and a curiosity through Northern cities, was his constant fear. He was prepared to sell his life dearly, and there is no doubt but that he would have done so.

During all these trying days, Toombs rode with the grace and gayety of a cavalier. He talked incessantly to his young companion, who eagerly drank in his words. He fought his battles over again and discussed the leaders of the Civil War in his racy style. He constantly predicted the collapse of the greenback system of currency, and speculated facetiously each day upon the chances of capture. He calculated shrewdly enough his routes and plans, and when he found himself on _terra firma_, it was under the soft skies of the Antilles with a foreign flag above him.

CHAPTER XXV.

WITHOUT A COUNTRY.

From Cuba General Toombs proceeded to Paris. It was early in July before he reached his new stopping place. He found himself somewhat restricted in funds, as he had not had time to turn his property into gold to make his trip abroad. It is related that just after the departure of the famous "specie train," through Washington in the wake of Mr. Davis'

party, a Confederate horseman dashed by the residence of General Toombs and threw a bag of bullion over the fence. It was found to contain five thousand dollars, but Toombs swore he would not even borrow this amount from his government. He turned it over to the authorities for the use of disabled Confederate soldiers, and hurriedly sc.r.a.ped up what funds he could command in case he should be compelled to fly. Arriving in Paris, General Toombs succeeded in selling one of his plantations, realizing about five dollars an acre for it. He used to explain to the astounded Frenchmen, during his residence abroad, that he ate an acre of dirt a day.

General Toombs repaired to Enghien, where he took a course of sulphur baths for the benefit of his throat. Constant exposure with the army and in his flight had brought on his old enemy, the asthma. He had been a healthy man, having long pa.s.sed the limit of manhood before he tasted medicine. Late in life, an attack of scarlet fever left his throat in a delicate condition.

Mrs. Toombs joined him in Paris in July, 1865, and he pa.s.sed eighteen months quietly with her in Europe. It was in marked contrast to his tour in 1855, when, as United States Senator, he had gone from place to place, observed, honored, and courted. He was now an exile without a country. He had seen his political dreams wiped out in blood and his home in the hands of the enemy. From the dignity and power of a United States Senator and a possible aspirant to the Presidency, he had been branded as a conspirator, and forced, like Mirabeau, to seek shelter in distant lands.

France was, at that time, in a state of unrest. Louis Napoleon was watching with anxiety the eagles of Prussia hovering over the German Confederation. Austria had already succ.u.mbed to Prussian power, and Napoleon had been blocked in his scheme to secure, from this disorder, his share of the Rhenish provinces. Toombs, who had fled from a restored Union in America, now watched the march of consolidation in Europe, and predicted its final success.

General Toombs was an object of interest in Europe. His position toward the American government prevented his public recognition by the rulers, but he used to relate with zest his interviews with Carlyle, the Empress Eugenie, and other notables. He was a man to attract attention, and his talk was fascinating and bright.

He was sometimes sought in a legal way by prominent financiers, who asked his opinions upon fiscal matters in America. There is no doubt but that, like Judah P. Benjamin, he could have built up a large practice abroad, had he cared to do so; but permanent residence away from home was entirely out of his mind.

In December, 1866, General and Mrs. Toombs received a cable message telling them of the death of their only daughter, Mrs. Dudley M. DuBose, in Washington, Ga. Mrs. Toombs at once returned home, leaving the grief-stricken father alone in Paris. Anxious to go back with her, he was advised that matters were still unsettled in the United States. The impeachment of Andrew Johnson was in progress, and his conviction meant restored martial law for the South. So the days were full of woe for the lonely exile.

On December 25, 1866, he writes a beautiful and pathetic letter to his wife. While the denizens of the gay city were deep in the celebration of the joyous Christmas feast, the Southern wanderer, "with heart bowed down," was pa.s.sing through the shadows, and suffering in silence the keenest pangs of affliction. Around him the votaries of fashion and wealth were flushed with gayety. Paris was in the ecstasy of Christmastide. But the depths of his soul were starless and chill, and in the midst of all this mirth one heart was tuned to melancholy. He writes to his wife:

The night you left I retired to the room and did not go to sleep until after two o'clock. I felt so sad at parting with you and could not help thinking what a long dreary trip you had that night. I shall have a long journey of five thousand miles to Havana, and do not know that I shall meet a human being to whom I am known, but if I keep well I shall not mind that, especially as I am homeward bound; for my hearthstone is desolate, and clouds and darkness hover over the little remnant that is left of us, and of all our poor friends and countrymen; and, when you get home, Washington will contain nearly all that is dear to me in this world. I remained alone yesterday after I got up and went to my solitary meal. I immediately came back to my room, and have seen nothing of Christmas in Paris.

On January 1, 1867, he writes:

This is the first of the new year. How sad it opens upon me! In a foreign land, with all that is dear to me on earth beyond the ocean, either on the way to a distant home or at its desolate fireside. Well, I shall not nurse such gloomy ideas. Let us hope that the new year may be happier and that we may grow better. G.o.d knows I cannot regret that 1866 is gone. I hope its calamities will not enter with us into 1867. I had hoped to hear from New York of your safe arrival on the other side of the ocean.

The loss of his daughter Sallie was a severe blow to General Toombs. But two of his children lived to be grown. His eldest daughter Louise died in 1855, shortly after her marriage to Mr. W. F. Alexander. General Toombs had a son who died in early childhood of scarlet fever. This was a great blow to him, for he always longed for a son to bear his name.

Away off in Paris his heart yearned for his four little grandchildren, left motherless by this new affliction. He writes again from Paris:

I almost determined to take the steamer Sat.u.r.day and run the gauntlet to New York. I would have done so but for my promise to you. I know everything looks worse and worse on our side of the ocean, but when will it be any better? Is this state of things to last forever? To me it is becoming intolerable.... Kiss the dear little children for me. Bless their hearts! How I long to see them and take them to my arms. G.o.d bless you! Pray for me that I may be a better man in the new year than in all the old ones before in my time.

Early in January General Toombs decided to sail for Cuba and thence to New Orleans. If he found it unsafe to remain in the South he concluded he could either go back to Cuba or extend his travels into Canada. He had promised his wife he would remain abroad for the present. But he writes:

The worst that can happen to me is a prison, and I don't see much to choose between my present condition and any decent fort. I feel so anxious about you and the children that it makes me very wretched.

From Paris, January 16, 1867, he writes:

My preparations are all complete, and I leave to-morrow on the _New World_ for Havana and New Orleans, _via_ Martinique. I am well; except my throat. I shall have a long and lonesome voyage, with not much else to cheer me but that I shall find you and our dear little ones at the end of my journey. If I am permitted to find you all well, I shall be compensated for its fatigues and dangers. G.o.d grant that we may all meet once more in this world in health!

Yours truly and affectionately, as ever, TOOMBS.

General Toombs returned to America and after a short residence in Canada went to Washington, where he had a long interview with his old senatorial colleague, President Andrew Johnson. He went home from Washington and was never again molested. He made no pet.i.tion for relief of political disabilities. He was never restored to citizenship. When Honorable Samuel J. Randall proposed his General Amnesty Act in 1875, Mr. Blaine and other Republicans desired to exclude from its provisions the names of Davis and Toombs. The Democrats would not accept this amendment, and the bill was never pa.s.sed. Once, when Senator Oliver P.

Morton asked General Toombs why he did not pet.i.tion Congress for pardon, Toombs quietly answered, "Pardon for what? I have not pardoned you all yet."

CHAPTER XXVI.

COMMENCING LIFE ANEW.

When General Toombs finally returned to Georgia it was with a great part of his fortune gone, his political career cut off by hopeless disability, and his household desolate. These were serious calamities for a man fifty-seven years of age. He found himself forced under new and unfavorable conditions to build all over again, but he set about it in a vigorous and heroic way. His health was good. He was a splendid specimen of manhood. His once raven locks were gray, and his beard, which grew out from his throat, gave him a grizzly appearance. His dark eye was full of fire and his mind responded with vigor to its new work.

When General Toombs arrived at Washington, Ga., he consulted some of his friends over the advisability of returning to the practice of law, which he had left twenty-five years before. Their advice was against it.

Things were in chaos; the people were impoverished, and the custodians of the courts were the creatures of a hostile government. But Robert Toombs was made of different stuff. a.s.sociating himself in the practice of his profession with General Dudley M. DuBose, who had been his chief of staff, and was his son-in-law, an able and popular man in the full vigor of manhood, General Toombs returned actively to the practice of law. He was not long in turning to practical account his great abilities. Success soon claimed him as an old favorite. Business acc.u.mulated and the ex-senator and soldier found himself once more at the head of the bar of Georgia. Large fees were readily commanded. He was employed in important cases in every part of Georgia, and the announcement that Robert Toombs was to appear before judge and jury was enough to draw large crowds from city and country. His old habits of indomitable industry returned. He rode the circuits like a young barrister again. He was a close collector of claims, an admirable administrator, a safe counselor, and a bold and fearless advocate. In a short time General Toombs' family found themselves once more in comfort, and he was the same power with the people that he had always been.

Cut off from all hope of official promotion, scorning to sue for political pardon, he strove to wield in the courts some of the power he forfeited in politics. He figured largely in cases of a public nature, and became an outspoken tribune of the people. He did not hesitate to face the Supreme Court of Georgia, then made up of Republican judges, and attack the laws of a Republican legislature. Among the bills pa.s.sed at that time to popularize the legislature with the people, was a series of liberal homestead and exemption laws. They were the relief measures of 1868. By these schemes, at once rigorous and sweeping, millions of dollars were lost in Georgia. They were intended to wipe out old debts, especially contracts made during the war, and Governor Bullock had appointed a Supreme Court which sustained them. These laws were abhorrent to Toombs. He thundered against them with all the powers of his learning and eloquence. When he arose in court, there stood with him, he believed, not only the cause of his client, but the honor of the whole State of Georgia. It was much easier to seduce a poverty-stricken people by offering them measures of relief than to drive them by the bayonet or to subject them to African domination. In the case of Hardeman against Downer, in June, 1868, he declared before the Supreme Court that these homestead laws put a premium on dishonesty and robbed the poor man of his capital. "But we must consider the intention of the Act," said the Court. "Was it not the intention of the legislature to prevent the collection of just such claims as these you now bring?"

"Yes, may it please the Court," said Toombs, shaking his leonine locks, "there can be no doubt that it was the intention of the legislature to defraud the creditor; but they have failed to put their intention in a form that would stand, so it becomes necessary for this Court to add its own ingenuity to this villainy. It seems that this Court is making laws rather than decisions."

In one of his dissenting opinions upon these laws, Justice Hiram Warner declared that he would not allow his name to go down to posterity steeped in the infamy of such a decision. General Toombs lost his case, but the decision was subsequently overruled by the Supreme Court of the United States.

The times were full of evil. The legislature was dominated by adventurers and ignorant men, and public credit was freely voted away to new enterprises. The State was undeveloped, and this wholesale system of public improvement became popular. Unworthy men were scrambling for public station, and the times were out of tune. In the midst of this demoralization Toombs was a pillar of fire. He was tireless in his withering satire, his stinging invective, his uncompromising war upon the misgovernment of the day.