Here was a fine field and a rare occasion for his pungent criticism and denunciation. His utterances were not those of a political leader. He was not tr.i.m.m.i.n.g his sails for office. He did not shape his conduct so as to be considered an available man by the North. He fought error wherever he saw it. He made no terms with those whom he considered public enemies. He denounced radicalism as a "leagued scoundrelism of private gain and public plunder."

In opposing the issue of State bonds to aid a certain railroad, he declared that if the legislature saddled this debt upon the taxpayers, their act would be a nullity. "We will adopt a new const.i.tution with a clause repudiating these bonds, and like aetna spew the monstrous frauds out of the market!"

"You may," he said, "by your deep-laid schemes, lull the thoughtless, enlist the selfish, and stifle for a while the voices of patriots, but the day of reckoning will come. These cormorant corporations, these so-called patriotic developers, whom you seek to exempt, shall pay their dues, if justice lives. By the Living G.o.d, they shall pay them."

"Georgia shall pay her debts," said Toombs on one occasion. "If she does not, I will pay them for her!" This piece of hyperbole was softened by the fact that on two occasions, when the State needed money to supply deficits, Toombs with other Georgians did come forward and lift the pressure. Sometimes he talked in a random way, but responsibility always sobered him. He was impatient of fraud and stupidity, often full of exaggerations, but scrupulous when the truth was relevant. Always strict and honorable in his engagements, he boasted that he never had a dirty shilling in his pocket.

The men who "left the country for the country's good" and came South to fatten on the spoils of reconstruction, furnished unending targets for his satire. He declared that these so-called developers came for pelf, not patriotism. "Why, these men," he said, "are like thieving elephants.

They will uproot an oak or pick up a pin. They would steal anything from a b.u.t.ton to an empire." On one occasion he was bewailing the degeneracy of the times, and he exclaimed: "I am sorry I have got so much sense. I see into the tricks of these public men too quickly. When G.o.d Almighty moves me from the earth, he will take away a heap of experience. I expect when a man gets to be seventy he ought to go, for he knows too much for other people's convenience."

"I hope the Lord will allow me to go to heaven as a gentleman," he used to say. "Some of these Georgia politicians I do not want to a.s.sociate with. I would like to a.s.sociate with Socrates and Shakespeare."

During his arguments before the Supreme Court, General Toombs used to abuse the Governor and the Bullock Legislature very roundly. The Court adopted a rule that no lawyer should be allowed, while conducting his case, to abuse a coordinate branch of the government. General Toombs was informed that if he persisted in this practice he would be held for contempt. The next time Toombs went before the Court he alluded to the fugitive Governor in very sharp terms. "May it please your Honors, the Governor has now absconded. Your Honors have put in a little rule to catch me. In seeking to protect the powers that be, I presume you did not intend to defend the powers that were."

The papers printed an account of an interview between General Gordon and Mr. Tilden in 1880, Gordon told Tilden that he was sorry he could not impart to Tilden some of his own strength and vitality. "So my brother told me last year," answered Mr. Tilden. "I have since followed him to the grave." Toombs read this and remarked that Tilden did not think he was going to die. "No one expects to die but I. I have got sense enough to know that I am bound to die."

On one occasion Toombs was criticising an appointment made by an unpopular official. "But, General," someone said, "you must confess that it was a good appointment." "That may be, but that was not the reason it was made. Bacon was not accused of selling injustice. He was eternally d.a.m.ned for selling justice."

General Toombs was once asked in a crowd in the Kimball House in Atlanta what he thought of the North. "My opinion of the Yankees is apostolic. Alexander the coppersmith did me much evil. The Lord reward him according to his works." A Federal officer was standing in the crowd. He said: "Well, General, we whipped you, anyhow." "No," replied Toombs, "we just wore ourselves out whipping you."

He spoke of the spoliators in the State Legislature as "an a.s.sembly of manikins whose object is never higher than their breeches pockets; seekers of jobs and judgeships, anything for pap or plunder, an amalgamation of white rogues and blind negroes, gouging the treasury and disgracing Georgia."

He was a violent foe of exemptions, of bounties, and of all sorts of corruption and fraud. He was overbearing at times, but not more conscious of power than of honesty in its use. He was generous to the weak. It was in defense of his ideas of justice that he overbore opposition.

General Toombs kept the issues before the people. He had no patience with the tentative policy. He forfeited much of his influence at this time by his indiscriminate abuse of Northern men and Southern opponents, and his defiance of all the conditions of a restored Union. He could have served his people best by more conservative conduct, but he had all the roughness and acerbity of a reformer, dead in earnest. It was owing to his constant arraignment of illegal acts of the post-bellum regime that the people finally aroused, in 1870, and regained the State for white supremacy and Democratic government. He challenged the authors of the Reconstruction measures to discuss the const.i.tutionality of the amendments. Charles J. Jenkins had already carried the cause of Georgia into the courts, and Linton Stephens, before United States Commissioner Swayze in Macon, had made an exhaustive argument upon the whole subject.

Toombs forced these issues constantly into his cases, and kept public interest at white heat.

CHAPTER XXVII.

DAYS OF RECONSTRUCTION

In July, 1868, the people of Georgia made the first determined stand against the Republican party. John B. Gordon was nominated for Governor, and Seymour and Blair had been named in New York as National Democratic standard-bearers. A memorable meeting was held in Atlanta. It was the first real rally of the white people under the new order of things.

Robert Toombs, Howell Cobb, and Benjamin H. Hill addressed the mult.i.tude. There was much enthusiasm, and crowds gathered from every part of Georgia. This was the great "Bush Arbor meeting" of that year, and old men and boys speak of it to-day with kindling ardor. "Few people," said Toombs in that speech, "had escaped the horrors of war, and fewer still the stern and bitter curse of civil war. The histories of the greatest peoples of earth have been filled with defeats as well as victories, suffering as well as happiness, shame and reproach as well as honor and glory. The struggles of the great and good are the n.o.blest legacies left by the past to the present generation, trophies worthy to be laid at the feet of Jehovah himself. Those whose blades glittered in the foremost ranks of the Northern army on the battlefield, with a yet higher and n.o.bler purpose denounce the base uses to which the victory has been applied. The old shibboleths of victory are proclaimed as living principles. Whatever else may be lost, the principles of Magna Charta have survived the conflict of arms. The edicts of the enemy abolish all securities of life, liberty, and property; defeat all the rightful purposes of government, and renounce all remedies, all laws.["]

General Toombs denounced the incompetency of the dominant party in Georgia--"In its tyranny, its corruption, its treachery to the Caucasian race, its patronage of vice, of fraud, of crime and criminals, its crime against humanity and in its efforts to subordinate the safeguards of public security and to uproot the foundations of free government it has forfeited all claims upon a free people."

Alluding to General Longstreet, who had been a member of the Republican party, General Toombs said: "I would not have him tarnish his own laurels. I respect his courage, honor his devotion to his cause, and regret his errors." He denounced the ruling party of Georgia as a ma.s.s of floating putrescence, "which rises as it rots and rots as it rises."

He declared that the Reconstruction Acts "stared out in their naked deformity, open to the indignant gaze of all honest men."

The campaign at that time was made upon the illegality of the amendments to the Const.i.tution. Enthusiasm was fed by the fiery and impetuous invective of Toombs. The utterances of most public men were guarded and conservative. But when Toombs spoke the people realized that he uttered the convictions of an unshackled mind and a fearless spirit. Leaders deprecated his extreme views, but the hustings rang with his ruthless candor.

The conclusion of his Bush Arbor effort was a fine sample of his fervid speech: "All these and many more wrongs have been heaped upon you, my countrymen, without your consent. Your consent alone can give the least validity to these usurpations. Let no power on earth wring that consent from you. Take no counsel of fear; it is the meanest of masters; spurn the temptations of office from the polluted hands of your oppressors. He who owns only his own sepulcher at the price of such claims holds a heritage of shame. Unite with the National Democratic party. Your country says come; honor says come; duty says come; liberty says come; the country is in danger; let every freeman hasten to the rescue."

It was at this meeting that Benjamin H. Hill, who made so much reputation by the publication of a series of papers ent.i.tled, "Notes on the Situation," delivered one of the most memorable speeches of his life. It was a moving, overmastering appeal to the people to go to the polls. When this oration was over, the audience was almost wild, and Robert Toombs, standing on the platform, in his enthusiasm threw his hat away into the delighted throng. A young bright-faced boy picked it up and carried it back to the speakers' stand. It was Henry Grady.

The defeat of the National Democratic party in 1868 disheartened the Southern people, and the old disinclination to take part in politics seized them stronger than before. In 1870, however, General Toombs delivered, in different parts of Georgia, a carefully prepared lecture on the Principles of Magna Charta. It was just the reverse in style and conception to his fervid Bush Arbor oration. It was submitted to ma.n.u.script and was read from notes at the speakers' stand. With the possible exception of his Tremont Temple lecture, delivered in Boston in 1856, it was the only one of his public addresses so carefully prepared and so dispa.s.sionately delivered. In his opinion the principles of free government were drifting away from old landmarks. The times were out of joint, the people were demoralized. The causes which afterward led to the great revolt in the Republican ranks in 1872 were already marked in the quick perception of Toombs, and this admirable state paper was framed to put the issue before the public in a sober, statesmanlike way, and to draw the people back to their old moorings. This lecture was delivered in all the large cities and many of the smaller towns of Georgia, and had a great effect. Already there had been concerted appeal to Georgians to cease this political opposition and "accept the situation." Even statesmen like Mr. Hill had come round to the point of advising the people to abandon "dead issues." The situation was more desperate than ever.

In his Magna Charta lecture Mr. Toombs said that Algernon Sidney had summed up the object of all human wisdom as the good government of the people. "From the earliest ages to the present time," said he, "there has been a continued contest between the wise and the virtuous who wish to secure good government and the corrupt who were unwilling to grant it. The highest duty of every man, a duty enjoined by G.o.d, was the service of his country." This was the great value of the victory at Runnymede, with its rich fruits--that rights should be respected and that justice should be done. "These had never been denied for seven hundred years, until the present evil days," said Toombs. Magna Charta had been overridden and trampled underfoot by brave tyrants and evaded by cowardly ones. There had been ingenious schemes to destroy it. The men of '76 fought for Magna Charta. These principles had been prominent in our Const.i.tution until a Republican majority attempted destruction and civil war. Kings had made efforts to destroy its power and subvert its influence. Not a single n.o.ble family existed in England but which had lost a member in its defense. Society was organized to protect it, and all good and true men are required to maintain its teachings. "The a.s.sa.s.sins of liberty are now in power, but a reaction is coming. Stand firm, make no compromise, have nothing to do with men who talk of dead issues. It is the shibboleth of ruin. Push forward, and make a square fight for your liberties."

The plain but powerful summary of public obligation had a more lasting effect than his more fiery appeals. General Toombs was a potent leader in the campaign, though not himself a candidate or even a voter. General D. M. DuBose, his law partner, was elected to Congress this year, and the Democratic party secured a majority in the State Legislature. Among the men who shared in the redemption of the State Robert Toombs was the first and most conspicuous.

Some of the best speeches made by General Toombs at this time were delivered to the farmers at the various agricultural fairs. These were frequent and, as Judge Reese declared, abounded with wisdom which caused him years of reflection and observation. He had been reared upon a farm. His interests, as his sympathies, were with these people. He remained in active management of his large plantation, Roanoke, in Stewart County, during the period when he was a member of Congress and even when he was in the army. Two or three times a year he made visits to that place and was always in close communication with his overseers.

He loved the work and was a successful farmer. A fondness for gardening and stock-raising remained with him until his last years. Even in a very busy and tempestuous life, as he characterized it in speaking to Judge Reese, a s.p.a.cious garden, with orchards and vineyards, was to him an unfailing source of recreation and pleasure.

He writes to his wife of the disasters of the army at Orange Court House, Va., but finds time to add: "The gardens and fruit are great additions to the family comfort, and every effort should be made to put them in the best condition." Writing from Richmond of the condition of Lee's army in March, 1862, he does not forget to add: "I am sorry to know that the prospects of the crops are so bad. One of the best reliances now is the garden. Manure high, work well, and keep planting vegetables." From Roanoke, in 1863, he writes; "My plantation affairs are not in as good condition as I would wish. I have lost a great many sheep, have but few lambs and little wool; cattle poor--all need looking after." In the midst of the sh.e.l.ling of Atlanta in 1864, he writes from the trenches to his wife: "Tell Squire to put your cows and Gabriel's in the volunteer oatfield. Every day we hear cannonading in front."

It was in 1869 that General Toombs made one of his great speeches at the State fair in Columbus, in the course of which he used this expression; "The farmers of Georgia will never enjoy general prosperity until they quit making the West their corncrib and smokehouse." It was in that same speech that Toombs said, referring to the soldiers of the South; "Liberty, in its last a.n.a.lysis, is but the sweat of the poor and the blood of the brave." Most of the great men in Georgia have been reared in the country. There seems to be something in the pure air, the broad fields, and even the solitude, conducive to vigor and self-reliance.

Attrition and culture have finished the work laid up by the farmer boy, and that fertile section of middle Georgia, so rich in products of the earth, has given greatness to the State.

In August, 1872, General Toombs was invited by the alumni of the University of Georgia to deliver the annual address during commencement week. A large crowd was in attendance and the veteran orator received an ovation. He departed from his usual custom and attempted to read a written speech. His eyesight had begun to fail him, the formation of a cataract having been felt with great inconvenience. The pages of the ma.n.u.script became separated and General Toombs, for the first time in his life, is said to have been embarra.s.sed. He had not read more than one quarter of his speech when this complication was discovered, and he was unable to find the missing sheets. Governor Jenkins, who was sitting on the stage, whispered to him; "Toombs, throw away your ma.n.u.script and go it on general principles." The general took off his gla.s.ses, stuffed the mixed essay into his pocket, and advanced to the front of the stage.

He was received with a storm of applause from the crowd, who had relished his discomfiture and were delighted with the thought of an old-time talk from Toombs. For half an hour he made one of his eloquent and electric speeches, and when he sat down the audience screamed for more. No one but Toombs could have emerged so brilliantly from this awkward dilemma.

General Toombs opposed the nomination of Horace Greeley for President by the National Democratic convention in 1872. Mr. Stephens edited the Atlanta _Sun_, and these two friends once more joined their great powers to prevent the consummation of what they regarded as a vast political mistake. Greeley carried the State by a very reduced majority.

In January, 1873, when Mr. Stephens was defeated for the United States Senate by General John B. Gordon, General Toombs called a meeting of the leaders of the eighth district in his room at the Kimball House in Atlanta, and nominated his friend Alexander Stephens for Congress. He needed no other indors.e.m.e.nt. He was elected and reelected, and remained in Congress until he resigned in 1882, to become Governor of Georgia.

Toombs and Stephens never lost their lead as dictators in Georgia politics.

The man in Georgia who suffered most frequently from the criticism of General Toombs during this eventful period was ex-Governor Joseph E.

Brown. His position in taking his place in the Republican party, in accepting office, and separating himself from his old friends and allies, brought down upon him the opprobrium of most of the people. It was at a time when Charles J. Jenkins had carried away the great seal of Georgia and refused to surrender it to a hostile government. It was at a time when Linton Stephens, the most vigorous as the most popular public man during the reconstruction period, was endeavoring to arouse the people. Governor Brown's apostasy was unfortunate. No man was then more execrated by the people who had honored him. His name, for a while, was a byword and a reproach. Mr. Stephens defended his position as conscientious if not consistent, and gave Governor Brown the credit for the purity as well as the courage of his convictions. Governor Brown bore the contumely with patience. He contended that he could best serve the State by a.s.suming functions that must otherwise be placed in hostile hands, and his friends declare to-day that in accepting the amendments to the Const.i.tution he simply occupied in advance the ground to which the party and the people were forced to come. But his position did not compare favorably with that of the prominent Georgians of that day.

The relations of Governor Brown and General Toombs continued strained.

The latter never lost an opportunity to upbraid him in public or in private, and some of his keenest thrusts were aimed at the plodding figure of his old friend and ally, as it pa.s.sed on its lonely way through the shadows of its long probation.

On one occasion in Atlanta, in July, 1872, General Toombs among other things referred to a lobby at the legislature in connection with a claim for the Mitchel heirs. Governor Brown had remained quiet during his long political ostracism, but he turned upon his accuser now with unlooked-for severity. He answered the charge by declaring that if Toombs accused him of lobbying this claim, he was an "unscrupulous liar." The reply did not attract much attention until it became known that General Toombs had sent a friend to Governor Brown to know if the latter would accept a challenge. Colonel John C. Nicholls was the friend, and Governor Brown returned the answer that when he received the challenge he would let him know. General Toombs did not push the matter further. The affair took the form of a newspaper controversy, which was conducted with much acrimony on both sides. Colonel Nicholls stated in print his belief that Governor Brown would not have accepted a challenge but would have used it to Toombs' injury before the people. The prospect of a duel between these two old men created a sensation at the time. It would have been a shock to the public sense of propriety to have allowed such a meeting. It would never have been permitted; but Governor Brown seems to have been determined to put the issue to the touch. He had prepared his resignation as a deacon of the Baptist Church, and had placed his house in order. He seemed to realize that this was the turning-point of his career, and there is no doubt that General Toombs gave him the opportunity to appear in a better light than he had done for a long time; this incident was the beginning of his return to popularity and influence in Georgia. General Toombs was censured for provoking Governor Brown into the att.i.tude of expecting a challenge and then declining to send it.

Both General Toombs and Mr. Stephens were believers in the code of honor. Mr. Stephens once challenged Governor Herschel V. Johnson, and at another time he called out Hon. Benjamin H. Hill. General Toombs peremptorily challenged General D. H. Hill after the battle of Malvern Hill. In 1859, when United States Senator Broderick was killed by Judge Terry in California, Mr. Toombs delivered a striking eulogy of Broderick in the United States Senate. He said; "The dead man fell in honorable contest under a code which he fully recognized. While I lament his sad fate, I have no censure for him or his adversary. I think that no man under any circ.u.mstances can have a more enviable death than to fall in vindication of his honor. He has gone beyond censure or praise. He has pa.s.sed away from man's judgment to the bar of the Judge of all the Earth."

CHAPTER XXVIII.

HIS LAST PUBLIC SERVICE.

One of the reforms advocated by General Toombs upon the return of the white people to the control of the State Government was the adoption of a new State Const.i.tution. He never tired of declaring that the organic law of 1868 was the product of "aliens and usurpers," and that he would have none of it; Georgia must be represented by her own sons in council and live under a const.i.tution of her own making. In May, 1877, an election was held to determine the question, and in spite of considerable opposition, even in the Democratic party, the people decided, by nine thousand majority, to have a const.i.tutional convention.

On July 10, 1877, that body, consisting of 194 delegates, a.s.sembled in Atlanta to revise the organic law. Charles J. Jenkins was elected president of the convention. He had been deposed from the office of Governor of Georgia at the point of the bayonet in 1866. He had carried the case of the State of Georgia before the national Supreme Court and contested the validity of the Reconstruction measures. He had carried with him, when expelled from the State Capitol, the great seal of the State, which he restored when the government was again remitted to his own people, and in public session of the two houses of the General a.s.sembly, Governor Jenkins had been presented with a facsimile of the great seal, with the fitting words cut into its face, "In Arduis Fidelis." These words are graven on his monument to-day. He was more than seventy years of age, but bore himself with vigor and ability.

There was a strong representation of the older men who had served the State before the war, and the younger members were in full sympathy with them. It was an unusual body of men--possibly the ablest that had a.s.sembled since the secession convention of 1861. General Toombs, of course, was the most prominent. He had been elected a delegate from his senatorial district--the only office he had occupied since the war. His activity in securing its call, his striking presence, as he walked to his seat, clad in his long summer duster, carrying his brown straw hat and his unlighted cigar, as well as his tireless labors in that body, made him the center of interest. General Toombs was chairman of the committee on legislation and chairman of the final committee on revision. This body was made up of twenty-six of the most prominent members of the convention, and to it were submitted the reports of the other thirteen committees. It was the duty of this committee to harmonize and digest the various matters coming before it, and to prepare the final report, which was discussed in open convention.

General Toombs was practically in charge of the whole business of this body. He closely attended all the sessions of the convention, which lasted each day from 8.30 in the morning to 1 o'clock P. M. The entire afternoons were taken up with the important and exacting work of his committee of final revision. Frequently it was far into the night before he and his clerk had prepared their reports. General Toombs was in his sixty-eighth year, but stood the ordeal well. His facility, his endurance, his genius, his eloquence and pertinacity were revelations to the younger men, who knew him mainly by tradition. General Toombs proposed the only safe and proper course for the convention when he arose in his place on the floor and declared; "All this convention has to do is to establish a few fundamental principles and leave the other matters to the legislature and the people, in order to meet the ever varying affairs of human life." There was a persistent tendency to legislate upon details, a tendency which could not be entirely kept down. There was an element elected to this convention bent upon retrenchment and reform, and these delegates forced a long debate upon lowering the salaries of public officers, a policy which finally prevailed. During the progress of this debate General Toombs arose impatiently in his place and declared that, "The whole finances of the State are not included when we are speaking of the Governor's salary, and you spend more in talking about it than your children will have to pay in forty years."

Occasionally he was betrayed into one of his erratic positions, as when he moved to strike out the section against dueling, and also to expunge from the bill of rights all restrictions upon bearing arms. He said: "Let the people bear arms for their own protection, whether in their boots or wherever they may choose."

But his treatment of public questions was full of sound sense and discretion. He warned the convention that those members who, from hostility to the State administration, wished to wipe out the terms of the office-holders and make a new deal upon the adoption of the new const.i.tution, were making a rash mistake. They would array a new cla.s.s of enemies and imperil the pa.s.sage of the new law. He advocated the submission of all doubtful questions, like the homestead laws and the location of the new Capitol, to the people in separate ordinances. He urged in eloquent terms the enlargement of the Supreme Court from three justices to five. Having been a champion of the law calling that Court into being forty years before, he knew its needs and proposed a reform which, if adopted, would have cut off much trouble in Georgia to-day.