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 Ma.s.sachusetts. 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 Ca.s.s 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 const.i.tutions 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ignored by North and South; that the Wilmot Proviso had been rejected altogether; and that the principles of 1850 had superseded the principles of 1820.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 Ma.s.sachusetts 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 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 Ma.s.sachusetts. 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 grat.i.tude 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 Const.i.tution 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 Ma.s.sachusetts, 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 ent.i.tled 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 inst.i.tutions, 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 Const.i.tution, 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 inst.i.tutions 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."

[Ill.u.s.tration: 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 inst.i.tutions, 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 Ma.s.sachusetts 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 Const.i.tution 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 pa.s.sed, 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 unconst.i.tutional usurpation of power. "When we look into the Const.i.tution, 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 pet.i.tions crying against this "intrigue." On May 26, 1854, at one o'clock in the morning, the bill pa.s.sed 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 b.l.o.o.d.y 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 Ma.s.sachusetts 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 const.i.tuted 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 pa.s.s 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 pa.s.s 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 a.s.sault. 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 Const.i.tution, 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 const.i.tution 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. Ca.s.s, was the especial object of these a.s.saults. "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 n.o.body 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 ill.u.s.trated 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."

CHAPTER X.

THE "KNOW-NOTHING" PARTY.

In the fall of 1854 the elections were generally adverse to the Democrats. The slavery agitation at the North, intensified by the pa.s.sage of the Kansas-Nebraska bill, resulted in a large number of Free-Soil candidates and "anti-Nebraska" Whigs being elected to the House. In the West and South, the "Know-nothing" movement had arisen as in a single night, and with secrecy and strength had a.s.serted itself on election day. The consequence was that the Democratic majority in the House which had been elected with Franklin Pierce now disappeared. The years of 1854-55 were full of uncertainty in Georgia. The old-line Whigs, who had broken away from their party a.s.sociates upon the nomination of General Scott for President, had not yet gone into full affiliation with the Democrats. Many of these men joined the "American party," which had arisen out of antagonism to the large foreign population flowing into the States and Territories. This party put out candidates for Congress and the State offices in Georgia.

To Alexander H. Stephens, more than to any other man, was due the honor of breaking up the Know-nothing movement in Georgia. Amazed at the rapidity with which this party organized and the completeness with which it worked; repudiating the principles which it held and the proscriptions which it enforced, Alexander Stephens announced, early in the day, that he would not be a candidate for reelection to Congress. He declared, in a letter, that, from the secrecy of the order, he was unable to know what they were doing, and, as political principles should come out in the open sunlight for inspection, he could not submit his candidacy to any such concern. He did not hesitate to condemn the practices and creed of the American party in public. Prominent leaders in his district who recognized his ability made it known that they were willing to support him, if he would not be so severe in his denunciations. Mr. Stephens promptly replied that the crisis required the knife, not the poultice. However, he did run for Congress and scored the secret order on every stump in the district. He declared, in a speech in Augusta, that he "was not afraid of anything on the earth, above the earth, or below the earth, except to do wrong." Mr. Stephens was elected. Religious fanaticism and race prejudice received a death blow in Georgia. "It writhed in pain, and died among its worshipers."

Mr. Toombs had already made himself felt in this campaign. He was in the shadow of a domestic affliction. His youngest daughter died in February of that year. This occurrence brought him to decide upon a trip abroad, which he had long antic.i.p.ated, but which his busy and eventful life had not allowed him to enjoy.

In April, 1855, he wrote his wife: