General Toombs was an advocate of the ordinance which took the selection of the judges and solicitors from the hands of the Governor and made them elective by the General a.s.sembly. A strong element in the convention wanted the judiciary elected by the people. A member of the convention turned to General Toombs during the debate and said; "You dare not refuse the people this right to select their own judges." "I dare do anything that is right," replied Toombs. "It is not a reproach to the people to say that they are not able to do all the work of a complex government. Government is the act of the people after all." He reminded the convention that a new and ignorant element had been thrown in among the people as voters. "We must not only protect ourselves against them, but in behalf of the poor African," said he, "I would save him from himself. These people are kind, and affectionate, but their previous condition, whether by your fault or not, was such as to disqualify them from exercising the right of self-government. They were put upon us by people to make good government impossible in the South for all time, and before G.o.d, I believe they have done it."

In answer to the argument that those States which had given the selection of judges to the people liked it, General Toombs replied that this did not prove that it was right or best. "It is easy to take the road to h.e.l.l, but few people ever return from it." General Toombs prevailed in this point. He was also the author of the resolution authorizing the legislature to levy a tax to furnish good substantial artificial limbs to those who had lost them during the war.

General Toombs declared frequently during the debate that one of his main objects in going to the convention, and for urging the people to vote for the call, was to place a clause in the new law prohibiting the policy of State aid to railroads and public enterprises. He had seen monstrous abuses grow up under this system. He had noticed that the railroads built by private enterprise had proven good investments; that no railroad aided by the State had paid a dividend. He declared that Georgia had never loaned her credit from the time when Oglethorpe landed at Yamacraw up to 1866, and she should never do it again. He wanted this license buried and buried forever. His policy prevailed. State aid to railroads was prohibited; corporate credit cannot now be loaned to public enterprises, and munic.i.p.al taxation was wisely restricted.

General Toombs declared with satisfaction that he had locked the door of the treasury, and put the key into the pocket of the people.

During the proceedings of this convention an effort was made to open the courts to review the cases of certain outlawed bonds, which the legislature had refused to pay, and which the people had repudiated by const.i.tutional amendment. Impressed by the conviction that certain cla.s.ses of these bonds should be paid, the venerable president of the convention surrendered the chair and pled from his place on the floor for a judicial review of this question.

No sooner was this solemn and urgent appeal concluded than General Toombs bounded to the floor. He declared with energy that no power of heaven or h.e.l.l could bind him to pay these bonds. The contract was one of bayonet usurpation. Within a few days the legislature had loaded the State down with from ten to fifteen millions of the "bogus bonds."

The term "repudiation" was distasteful to many. The bondholders did not relish it; but he thought it was a good honest word. No one was bound by these contracts, because they were not the acts of the people. "I have examined all the facts pertaining to these claims," said Toombs, "and looking to nothing but the State's integrity, I affirm that the matter shall go no further without my strenuous opposition. The legislature has again and again declared the claims fraudulent. The people have spoken.

Let the bonds die." The convention agreed with Toombs.

On the 16th of August the convention, then in the midst of its labors, confronted a crisis. The appropriation of $25,000 made by the legislature to meet the expenses of the convention had been exhausted, and the State Treasurer notified the president that he could not honor his warrants any further. This was a practical problem. The work mapped out had not been half done. Many of the delegates were poor men from the rural districts and were especially dependent upon their _per diem_ during the dull summer season. To proceed required about $1000 per day.

To have crippled this body in its labors would have been a public calamity. To check upon the public treasury beyond the limit fixed by law involved a risk which the State Government, not too friendly toward the convention at best, declined to a.s.sume. To raise the money outside by a private loan presented this risk, that in the case of the rejection of the const.i.tution, then in embryo, the lender might find himself the holder of an uncertain claim. The convention, however, was not left long in doubt. With a heroic and patriotic _abandon_, General Toombs declared that if Georgia would not pay her debts, he would pay them for her.

Selling a dozen or two United States bonds, he placed the proceeds to the credit of the president of the convention, who was authorized in turn to issue notes of $1000 each and deposit them with General Toombs.

The act was spontaneous, whole-souled, dramatic. It saved the convention and rehabilitated the State with a new const.i.tution. By a rising and unanimous vote General Toombs was publicly thanked for his public-spirited act, and the old man, alone remaining in his seat in the convention hall, covered his face with his hands, and shed tears during this unusual demonstration.

When the convention had under review the bill of rights, General Toombs created a breeze in the proceedings by proposing a paragraph that the legislature should make no irrevocable grants of special privileges or immunities. The proposition received a rattling fire from all parts of the house. Governor Jenkins a.s.sailed it on the floor as dangerous to capital and fatal to public enterprise. It was argued that charters were contracts, and that when railroads or other interests were put upon notice that their franchise was likely to be disturbed, there would be an overthrow of confidence and development in Georgia. This was the first intimation of the master struggle which General Toombs was about to make, an advance against the corporations all along the line. It was the picket-firing before the engagement.

General Toombs had made a study of the whole railroad question. He was a master of the law of corporations. He maintained a peculiar att.i.tude toward them. He never invested a dollar in their stock, nor would he accept a place at their council boards. He rarely ever served them as attorney. When the General a.s.sembly resolved to tax railroads in Georgia, the State selected General Toombs to prosecute the cases. In 1869 he had argued the Collins case against the Central Railroad and Banking Company, in which the court had sustained his position that the proposed action of the Central Road in buying up the stock of the Atlantic and Gulf Railroad, to control that road, was _ultra vires_. He had conducted the case of Arnold DuBose against the Georgia Railroad for extortion in freight charges.

The principles he had gleaned from this laborious record made him resolve to place restrictions upon corporate power in the new const.i.tution. The time was ripe for this movement. The Granger legislation in the West had planted in the organic law of Illinois, Ohio, and Missouri the policy of government control over the railroads.

The statutes of Pennsylvania also reflected the same principles, and the Supreme Court of the United States had decided this great case on the side of the people. General Toombs was master of the legislation on this subject in England, and had studied the American reports on the right and duty of the state to regulate railroad companies. He declared, in proposing this new system, that these laws had been adopted by the most enlightened governments of the world. "From the days of the Roman Empire down to the present time," said Toombs, "it has never been denied that the state has power over the corporations."

At once the State was in an uproar. "Toombs is attempting a new revolution," was alleged. He was charged with leading an idolatrous majority into war upon the rights of property. Conservative men like Jenkins deprecated the agitation. Atlanta was filled with a powerful railroad lobby, and the press resounded with warning that development of the waste places of Georgia would be r.e.t.a.r.ded by this unjust and nefarious warfare. Robert Toombs was not an agrarian. His movement against the corporations was reenforced by delegates from the small towns in Georgia, who had suffered from discrimination in favor of the larger cities. Railroad traffic had been diverted by rigid and ruthless exactions, and a coterie of delegates from southwest Georgia stood solidly by Toombs. These debates drew crowds of listeners. From the galleries hundreds of interested Georgians looked down upon the last public service of Robert Toombs. He never appeared to finer advantage.

His voice lacked its old-time ring, his beard was gray and his frame was bent, but he was fearless, aggressive, alert, eloquent. He was master of the whole subject. Railways, he declared, were public highways. Upon no other principle could they receive land from the State, under its right of eminent domain, than that this land was condemned for public and not for private use. A public highway means that it must be used according to law. In those States where people have been fighting the encroachments of public monopolies, it had been found necessary to use these terms, and Toombs prefaced his agitation with this announcement.

General Toombs did not mince matters. He declared that the rapacious course of the railroads in Georgia had been spoliation. Monopoly is extortion. Corporations must either be governed by the law or they will override the law. Compet.i.tion is liberty. Keep the hand of the law on corporations and you keep up compet.i.tion; keep up compet.i.tion and you preserve liberty. It has been argued that the towns and counties in Georgia had grown rich. That is the same argument that was made in the English Parliament. They said; "Look at your little colonies, how they have grown under our care." But the patriotic men of America said; "We have grown rich in spite of your oppressions." Shall we not restrain this tax-gatherer who has no judge but himself, no limit but his avarice?

General Toombs wanted it placed in the const.i.tution that the legislature shall pa.s.s these laws restricting railroads. He declared he had twice drawn bills for that purpose; they had pa.s.sed the House, but crumbled as though touched with the hand of death when they came to the forty-four (the Senate). "What," said he, "do I see before me? The grave. What beyond that? Starving millions of our posterity, that I have robbed by my action here, in giving them over to the keeping of these corporations. The right to control these railroads belongs to the State, to the people, and as long as I represent the people, I will not consent to surrender it, so help me G.o.d!"

The spirit of Toombs dominated that convention. Men moved up the aisle to take their seats at his feet as he poured out his strong appeal.

One-half of that body was filled with admiration, the other half with alarm. "It is a sacred thing to shake the pillars upon which the property of the country rests," said Mr. Hammond of Fulton. "Better shake the pillars of property than the pillars of liberty," answered this Georgia Sampson, with his thews girt for the fray. "The great question is, Shall Georgia govern the corporations or the corporations govern Georgia? Choose ye this day whom ye shall serve!"

The house rang with applause. Members cl.u.s.tered about the old man as about the form of a prophet. The majority was with him. The articles which he had advocated came from the committee without recommendation, but they were substantially adopted, and are now parts of the supreme law of the land. The victory was won, and Robert Toombs, grim and triumphant, closed his legislative career, and claimed this work as the crowning act of his public labors.

These principles are contained in Article IV. of the State const.i.tution of Georgia. It declares the right of taxation to be sovereign, inviolable, and indestructible, and that it shall be irrevocable by the State; that the power to regulate freight and pa.s.senger tariffs and to prevent unjust discriminations shall be conferred upon the General a.s.sembly, whose duty it shall be to pa.s.s laws for the same; that the right of eminent domain shall never be abridged; that any amendment to a charter shall bring the charter under the provisions of the Const.i.tution; that the General a.s.sembly shall have no authority to authorize any corporation to buy shares of stock in any other corporation, which shall have the effect to lessen compet.i.tion or encourage monopoly. No railroad shall pay a rebate or bonus.

Under these provisions, the Railroad Commission of Georgia was organized in 1879. This idea, as it finally worked out, was General Toombs'. He did not favor fixing the rates in the law, but the creation of such a commission to carry out these provisions. The present law was framed by Judge William M. Reese, Hon. Samuel Barnett, Ex-Senator H. D. McDaniel, and Superintendent Foreacre of the Richmond and Danville Railroad. It has worked well in Georgia. Twice has the legislature attempted to remodel it, but the people have rallied to its support and have not permitted it to be amended in so much as a single clause. It has served as an example for imitation by other States, and was cited as strong authority in Congress for the creation of the Inter-State Commerce Law.

The railroad men, after fighting it for ten years, have come round to acknowledge its value. It has stood as a breakwater between the corporations and the people. It has guaranteed justice to the citizen, and has worked no injury to the railroads. Under its wise provisions Georgia has prospered, and leads the Union to-day in railroad building.

And when, during a recent session of the legislature, an attempt was made to war upon railroad consolidation, the saving, overmastering, crowning argument of the railroads themselves was that General Toombs had already secured protection for the people, and that, under his masterly handiwork, the rights of property and the rights of the people were safe.

When the convention had concluded its labors, General Toombs went before the people and threw himself with enthusiasm into the canva.s.s. He took the stump, and everywhere his voice was heard in favor of the adoption of the new organic law. Many of the officers whose term had been cut off, and whose salaries had been reduced, appeared against the const.i.tution. General Toombs declared that those public men who did not approve of the lower salaries might "pour them back in the jug." This homely phrase became a by-word in the canva.s.s. It had its origin in this way: In the Creek war, in which "Capt. Robert A. Toombs" commanded a company made up of volunteers from Wilkes, Elbert, and Lincoln counties, a negro named Kinch went along as whisky sutler. As he served out the liquor, some of the soldiers complained of the price he asked. His answer was, "Well, sir, if you don't like it, sir, pour it back in the jug."

In the State election of December, 1877, the new const.i.tution was overwhelmingly adopted, and will remain for generations the organic law of the Empire State of the South.

CHAPTER XXIX.

DOMESTIC LIFE OF TOOMBS.

There never was a public man in America whose home life was more beautiful or more tender than that of Robert Toombs. As great as were his public virtues, his lofty character, and abilities, his domestic virtues were more striking still. He was a man who loved his family. In 1830 he was married to Julia A. Dubose, with whom he lived, a model and devoted husband, for more than fifty years. She was a lady of rare personal beauty, attractive manners, and common sense. She shared his early struggles, and watched the lawyer grow into the statesman and the leader with unflagging confidence and love. There was never a time that he would not leave his practice or his public life to devote himself to her. His heart yearned for her during his long separation in Washington, when, during the debate upon the great Compromise measures of 1850, he wrote that he would rather see her than "save the State." He considered her in a thousand ways. He never disappointed her in coming home, but, when traveling, always returned when it was possible, just at the time he had promised. During the exciting scenes attending his first election to the United States Senate, he writes that he feels too little interest in the result perhaps for his success, and longs to be at home.

Political honors did not draw him away from his devotion to this good woman. He never neglected her in the smallest way. His attentions were as pointed and courtly in her last days as when they were bright-faced boy and girl, lovers and cousins, in the twenties. During his labors in the const.i.tutional convention of 1877, he one day wore upon his lapel a flower she had placed there, and stopping in his speech, paid fitting tribute to the pure emblem of a woman's love. A man of great deeds and great temptations, of great pa.s.sions and of glaring faults, he never swerved in loyalty to his wedded love, and no influence ever divided his allegiance there. Writing to her on May 15, 1853, while he was United States Senator, he says:

MY DEAR JULIA:

This is your birthday, which you bid me remember, and this letter will show you that I have not forgotten it. To-day Gus Baldwin and Dr. Harbin dropped in to dinner, and we drank your good health and many more returns in health and happiness of the 15th of May. I did not tell them that you were forty, for it might be that some time or other you would not care to have them know it, and I am sure they would never suspect it unless told. In truth I can scarcely realize it myself, as you are the same lovely and loving, true-hearted woman to me, that you were when I made you my bride, nearly twenty-three years ago. There is no other change except the superior loveliness of the full blown over the budding rose. I have thrown my mind this quiet Sunday evening over that large segment of human life (twenty-three years) since we were married, and whatever of happiness memory has treasured up cl.u.s.ters around you. In life's struggle I have been what men call fortunate. I have won its wealth and its honors, but I have won them by labor, and toil, and strife, whose memory saddens even success; but the pure joys of wedded love leave none but pleasant recollections which one can dwell upon with delight. These thoughts are dearer to me than to most men, because I know for whatever success in life I may have had, whatever evil I may have avoided, or whatever good I may have done, I am mainly indebted to the beautiful, pure, true-hearted little black-eyed girl, who on the 18th of November, 1830, came trustingly to my arms, the sweetest and dearest of wives. You need not fear, therefore, that I shall forget your birthday. That and our bridal-day are the brightest in my calendar, and memory will not easily part with them.

Yours, TOOMBS.

So well known was this domestic trait of Mr. Toombs that Bishop Beckwith of Georgia, in delivering his funeral sermon, declared that "no knight, watching his sword before the altar, ever made a holier, truer, or purer vow than when Robert Toombs stood at the marriage altar more than fifty years ago. The fire that burned upon the altar of his home remained as pure and unfailing as the perpetual offering of Jerusalem."

Mrs. Toombs was a woman of warm heart and strong convictions. She was noted for her benevolence and piety, and these she carried through life.

Her Christian example was a steadying influence often in the stormy and impetuous career of her husband, and finally, when she had closed her eyes in peace, brought him to the altar where she had worshiped. Her household and her neighbors loved to be under her influence. No one who ever saw her fine face, or her l.u.s.trous dark eyes, forgot her. Her face was, in some respects, not unlike that of her husband. It is the best tribute that can be paid to her to say that for more than fifty years her influence over so strong a character as that of Robert Toombs was most potent. In June, 1856, while driving in Augusta, the horses attached to the carriage ran away, and Mrs. Toombs was thrown from the vehicle and sustained a fracture of the hip. General Toombs hastened to Georgia from Congress, and remained incessantly at her bedside for several weeks. In November, 1880, General and Mrs. Toombs celebrated their golden wedding, surrounded by their grandchildren and friends. It was a beautiful sight to see the bride of half a century with a new wedding ring upon her finger, playing the piano, while the old man of seventy essayed, like Washington, to dance the minuet. The old couple survived their three children, and lived to bless the lives of grandchildren and great-grandchildren. They were fond and affectionate parents.

A friend, who had known them in their own home, describes "the great fire in the open fire-place; on one side the venerable statesman, with that head which always seemed to me of such rare beauty; on the other side, the quiet wife busy with home affairs, her eyes lighting, now and then, the wonderful conversation that fell from his eloquent lips."

General Toombs was a liberal provider for his family, and his grandchildren and connections were constant objects of his bounty. Large sums were spent in charity. No church or benevolent inst.i.tution appealed to him in vain. His house was open, and his hospitality was princely and proverbial. No one was more genial at home. Few prominent persons ever visited Washington without being entertained by Toombs. His regular dinners to the bar of the circuit, as, twice a year, the lawyers came to Washington to court, are remembered by scores of Georgians to-day. On one occasion when the townspeople were discussing the need of a hotel, General Toombs indignantly replied that there was no need for any such place. "If a respectable man comes to town," said he, "he can stay at my house. If he isn't respectable, we don't want him here at all."

No religious conference could meet in Washington that the Toombs house was not full of guests. Many Northern people visited the place to hear the statesman talk. Newspaper correspondents sought him out to listen to his fine conversation. These people were always sure of the most courteous treatment, and were prepared for the most candid expression.

General Toombs was not solely a _raconteur_. He did not draw upon his memory for his wit. The cream of his conversation was his bold and original comment. His wit flashed all along the line. His speech at times was droll and full of quaint provincialisms. He treated subjects spontaneously, in a style all his own. Strangers, who sat near him in a railroad car, have been enchanted by his sage and spirited conversation, as his leonine features lighted up, and his irresistible smile and kindly eye forced good-humor, even where his sentiments might have challenged dissent. He was the finest talker of his day. A close friend, who used to visit him frequently at his home, declares that Toombs'

powers did not wait upon the occasion. He did not require an emergency to bring him out. All his faculties were alert, and in a morning's chat he would pour out the riches of memory, humor, eloquence, and logic until the listener would be enthralled by his brilliancy and power. He delighted to talk with intellectual men and women. He was impatient with triflers or dolts. He criticised unsparingly, and arraigned men and measures summarily, but he was a seeker after truth, and even when severe, was free from malice or envy.

General Toombs was a man of tender sympathies. Distress of his friends moved him to prompt relief. In 1855 a friend and kinsman, Mr. Pope, died in Alabama. He had been a railroad contractor and his affairs were much involved. General Toombs promptly went to his place, bought in his property for the family, and left the place for the wife and children, just as it stood. From Mobile he writes a grief-stricken letter to his wife, December 28, 1855:

I feel that I must pour out my sorrows to someone, and whom else can I look to but to one who, ever faithful and true, has had my whole heart from my youth till now? This has been one of the dark and sad days of my life. The remains of my lost friend Mr. Pope came down on the cars this morning. I met them alone at the depot, except Gus. Baldwin and the hired hands. This evening I accompanied the remains to the boat. Oh, it was so sad to see one whom so many people professed to love, in a strange place, conveyed by hirelings and deposited like merchandise among the freight of a steamboat on the way to his long home. I can scarcely write now, at the thought, through the blindness of my own tears. As I saw him placed in the appointed spot among the strangers and bustle of a departing boat, careless of who or what he was, I stole away to the most retired part of the boat, to conceal the weakness of friendship and relieve my overburdened heart with a flood of tears. I felt it would be a profanation of friendship even to be seen to feel in such a crowd. But for my overwhelming duty to the living I would have taken the boat and gone on with his remains. This is the end of the just in this world. He was a good and an upright man; never gave offense to a human being. His family are ruined, but his only fault was want of judgment, and too great confidence in his kind. He could not make money, and it really seemed that his every effort to do so plunged him deeper into debt. His great fault was a concealment of his own difficulties and trials. I would have done anything to have relieved them upon a full disclosure. He was idolized at home, and I have wept at the sorrows of the poor people in his employment, upon the very mention of his death. I know I cannot control my grief and am sensitive of my own weakness. I could not find relief without pouring out my sorrows to you. There let them rest.

Yours, TOOMBS.

General Toombs resided in a three-story frame house in Washington, built after the manner of the olden time, with the s.p.a.cious piazza, heavy columns, the wide door, and the large rooms. He lived in ease and comfort. He was an early riser, and after breakfast devoted himself to business or correspondence. At midday he was accessible to visitors, and rarely dined alone. In the afternoon he walked or drove. At night he sat in his arm-chair at his fireside, and in his lips invariably carried an unlit cigar. Smoking did not agree with him. While in Europe he delighted to test the tobacco of the different countries, but the practice always gave him pain above the eyes. His last attempt was in the army of Virginia. Convinced that smoking injured him, he never resumed it. Fond of his dry smoke, he had a peculiar cigar made to order, very closely wrapped, with fine tobacco.

General Toombs made frequent trips away from home, even during the latter part of his life. The State retained his services in important cases. One of his last public acts was the prosecution of certain railway companies for back taxes. He recovered thousands of dollars to the State. He was summoned to Atlanta in 1880 to prosecute a defaulting State treasurer. He appeared very feeble, but his speech was a model of clearness and logic. During the latter part of his life there was a return of his early fault of quick, nervous, compressed speech. He grasped only the great hillocks of thought and left the intervening ground to be filled by the listener. His terse, rapid style was difficult to follow. As a presiding judge said, "His leaps are like a kangaroo's, and his speech gave me the headache." But his argument in the Jack Jones case was a model of eloquence and convincing law. A large number of friends attended the court, convinced that General Toombs was nearing the end of his great career, and were astounded at the manner in which he delivered his argument. As he concluded his address he turned in his place and caught the eye of Rev. Father J. M. O'Brien, an old friend of his. "Why, Father O'Brien," he said, wringing his hand, "I am glad to see you taking an interest in this case. These people are trying to usurp your functions. They want to grant the defendant absolution." "But, General," replied the quick-witted priest, "even I could not grant absolution until he had made rest.i.tution." "That's the doctrine," said the delighted lawyer, pleased to find that the point of his speech had taken so well. His face was all aglow with the _gaudia certaminis_ of the forum. This was his last appearance in court, and he won his case.

His mother Georgia claimed his allegiance always, and he gave her his last and best powers. He worked for the commonwealth, and gave the people more than he ever received in return.

In Augusta, in 1871, when he appeared before the Georgia Railroad Commission and arraigned the lease of the State road as illegal and unhallowed, he declared in a burst of indignation; "I would rather be buried at the public expense than to leave a dirty shilling." It was the acme of his desire to live and die like a gentleman.

He had always been a safe financier. Scorning wealth, he had early found himself wealthy. It is estimated that he made more than a million dollars by his law practice after the war. He spent his money freely, careful always to avoid debt. Further than this, he kept no account of his means. Like Astor, he invested much of his holdings in land, and owned a large number of fine plantations in middle Georgia. When he died his estate probably reached two hundred thousand dollars.

CHAPTER x.x.x.