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During the sessions of Elbert court his arguments swept the jury, his word was law outside. His talk was inspiring to the people. His rare and racy conversation drew crowds to his room every night, and to an occasional client, who would drop in upon his symposium to confer with him, he would say, with a move of his head, "Don't worry about that now. I know more about your business than you do, as I will show you at the proper time." His fees at Elbert were larger than at any other court except his own home in Wilkes. It was during the adjournment of court for dinner that he would be called out by his constituents to make one of his matchless political speeches. He never failed to move the crowds to cheers of delight.

On one occasion he was at Roanoke, his plantation in Stewart County, Ga. He writes his wife: "I was sent for night before last to appear in Lumpkin to prosecute a case of murder: but as it appeared that the act was committed on account of a wrong to the slayer's marital rights, I declined to appear against him." Mr. Toombs was the embodiment of virtue, and the strictest defender of the sanctity of marriage on the part of man as well as woman. His whole life was a sermon of purity and devotion.

Judge William M. Reese, who practiced law with Mr. Toombs, and was his partner from 1840 to 1843, gives this picture of Toombs at the bar: "A noble presence, a delivery which captivated his hearers by its intense earnestness: a thorough knowledge of his cases, a lightning-like perception of the weak and strong points of controversy; a power of expressing in original and striking language his strong convictions; a capacity and willingness to perform intellectual labor; a passion for the contest of the courthouse; a perfect fidelity and integrity in all business intrusted to him, with charming conversational powers--all contributed to an immense success in his profession. Such gifts, with a knowledge of business and the best uses of money, were soon rendered valuable in accumulating wealth."

Although Mr. Toombs often appeared in courts to attend to business already in his charge, he gave out that he would not engage in any new causes which might interfere with his Congressional duties. The absorbing nature of public business from 1850 to 1867 withdrew him from the bar, and the records of the Supreme Court of Georgia have only about twenty-five cases argued by him in that time. Some of these were of commanding importance, and the opinions of the Justices handed down in that time bear impress of the conclusiveness of his reasoning and the power of his effort before that tribunal. Judge E. H. Pottle, who presided over the courts of the Northern Circuit during the later years of Toombs's practice, recalls a celebrated land case when Robert Toombs was associated against Francis H. Cone--himself a legal giant. Toombs's associate expected to make the argument, but Cone put up such a powerful speech that it was decided that Toombs must answer him. Toombs protested, declaring that he had been reading a newspaper, and not expecting to speak, had not followed Judge Cone. However, he laid down his paper and listened to Cone's conclusion, then got up and made an overmastering forensic effort which captured Court and crowd.

The last appearance Toombs ever made in a criminal case was in the Eberhart case in Oglethorpe County, Ga., in 1877. He was then sixty-seven years of age, and not only was his speech fine, but his management of his case was superb. He had not worked on that side of the court for many years, but the presiding Judge, who watched him closely, declared that he never made a mistake or missed a point.

He was a bitter enemy to anything that smacked of monopoly, and during the anti-railroad agitation of 1879-80, he said: "If I was forty-five years old I would whip this fight." Still, he was an exceedingly just man. Linton Stephens, noted for his probity and honor, said he would rather trust Robert Toombs to decide a case in which he was interested than any man he ever saw.

During the last five years of General Toombs's life he was seldom seen in the courtroom. He was sometimes employed in important causes, but his eyesight failed him, and his strength was visibly impaired. His addresses were rather disconnected. His old habit of covering his points in great leaps, leaving the intervening spaces unexplained, rendered it difficult to follow him. His mind still acted with power, and he seemed to presume that his hearers were as well up on his subject as he was. His manner was sometimes overbearing to the members of the bar, but no man was more open to reason or more sobered by reflection, and he was absolutely without malice. He was always recognized as an upright man, and he maintained, in spite of his infirmities, the respect and confidence of the bench and bar and of the people.

IN THE LEGISLATURE.

When Andrew Jackson and John C. Calhoun were waging their "irrepressible conflict," the county of Wilkes in the State of Georgia was nursing discordant factions. Just across the river in Carolina lived the great Nullifier. The Virginia settlers of Wilkes sided with him, while scores of North Carolinians, who had come to live in the county, swore by "Old Hickory." This political difference gave rise to numerous feuds. The two elements maintained their identity for generations, and the divisions became social as well as political. The Virginians nursed their State pride. The sons of North Carolina, overshadowed by the Old Dominion, clung to the Union and accepted Andrew Jackson, their friend and neighbor, as oracle and leader. The earliest political division in Georgia was between the Clarke and Crawford factions. General John Clarke, a sturdy soldier of the Revolution, came from North Carolina, while William H. Crawford, a Virginian by birth and a Georgian by residence, led the Virginia element. The feud between Clarke and Crawford gave rise to numerous duels. Then came George M. Troup to re?nforce the Crawford faction and defend States' Rights, even at the point of the sword. Troup and Clarke were rival candidates for Governor of Georgia in 1825, and the Toombs family ardently fought for Troup. Young Toombs was but fifteen years of age, but politics had been burnt into his ardent soul. Wilkes had remained a Union county until this campaign, when the Troup and Toombs influence was too strong for the North Carolina faction. Wilkes, in fact, seemed to be a watershed in early politics. It was in close touch with Jackson and Calhoun, with Clarke and Crawford, and then with Clarke and Troup. On the one side the current from the mountain streams melted into the peaceful Savannah and merged into the Atlantic; on the other they swept into the Tennessee and hurried off to the Father of Waters.

Robert Toombs cast his first vote for Andrew Jackson in 1832. He abandoned the Union Democratic-Republican party, however, after the proclamation and force bill of the Administration and joined the States' Rights Whigs. When young Toombs was elected to the General Assembly of Georgia in October, 1837, parties were sharply divided. The Democrats, sustained by the personal popularity of "Old Hickory," were still dominant in the State. The States' Rights Whigs, however, had a large following, and although not indorsing the doctrines of Calhoun, the party was still animated by the spirit of George M. Troup. This statesman, just retired from public life, had been borne from a sick-bed to the United States Senate Chamber to vote against the extreme measures of President Jackson. The Troup men claimed to be loyal to the Constitution of their country in all its defined grants, and conceded the right of the Chief Magistrate to execute the office so delegated, but they resisted what they believed to be a dangerous latitude of construction looking to consolidated power. Robert Toombs was not a disciple of Calhoun. While admiring the generalities and theories of the great Carolinian, the young Georgian was a more practical statesman. The States' Rights Whigs advocated a protective tariff and a national bank. They believed that the depreciation of the currency had caused the distress of the people in the panic of 1837, and no man in this stormy era more vigorously upbraided the pet-bank and sub-treasury system than Robert Toombs. He introduced a resolution in the legislature declaring that President Van Buren had used the patronage of the government to strengthen his own party; that he had repudiated the practices and principles of his patriotic antecedents, and "had sought out antiquated European systems for the collection, safe keeping, and distribution of public moneys--foreign to our habits, unsuited to our conditions, expensive and unsafe in operation." Mr. Toombs contended, with all the force that was in him, that a bank of the United States, properly regulated, was "the best, most proper and economical means for handling public moneys." Robert Toombs would not have waited until he was twenty-seven years of age before entering public life, had not the sentiment of his county been hostile to his party. Wilkes had been a Union county, but in 1837 it returned to the lower house two Democrats, and Robert A. Toombs, the only Whig. Nothing but his recognized ability induced the people to make an exception in his favor. Besides his reputation as an orator and advocate, Toombs had just returned from the Creek war, where he had commanded a company and served under General Winfield Scott in putting down the insurrection of Neahmatha, the Indian chief. He now brought to public life the new prestige of a soldier. After this, "Captain Toombs" was never defeated in his county. He was returned at the annual elections in 1839, 1840, 1842, and 1843--and succeeded in preserving at home an average Whig majority of 100 votes. He did not care for the State Senate, preferring the more populous body, then composed of 200 members. Parties in the State were very evenly balanced, but Mr. Toombs preserved, in the varying scale of politics, a prominent place in the house. He was made chairman of the Judiciary Committee by his political opponents. He served as a member of the Committee on Internal Improvements, as chairman of the all-important Committee on Banking, chairman of the Committee on State of the Republic, and in 1842 received the vote of the Whig minority in the house for Speaker. In 1840 the Whigs gained control of the government. The Harrison tidal wave swept their best men to the front in State and national councils. Charles J. Jenkins of Richmond was elected speaker of the house, and Mr. Toombs, as chairman of the Banking Committee, framed the bill which repealed the law authorizing the issue of bank bills to the amount of twice their capital stock. He went right to the marrow of honest banking and sound finance by providing for a fund to redeem the outstanding bills, and condemned the course of the State banks in flooding the State with irredeemable promises to pay.

It was at this session of the General Assembly that Mr. Toombs displayed the skill and sagacity of a statesman in fearlessly exposing a seductive scheme for popular relief. He was called upon to confront public clamor and to fight in the face of fearful odds, but he did not falter.

Just before the General Assembly of 1840 adjourned, Governor McDonald sent an urgent message to both houses calling upon them to frame some means for the speedy relief of the people. The situation in Georgia was very distressing. The rains and floods of that year had swept the crops from the fields, and there was much suffering among the planters. Coming upon the heel of the session, the Whig members of the legislature looked upon the message as a surprise, and rather regarded it as a shrewd political stroke. Mr. Toombs was equal to the emergency. He quickly put in a resolution asking the Governor himself to suggest some means of popular relief--throwing the burden of the problem back upon the executive. But Governor McDonald was armed. He drew his last weapon from his arsenal, and used it with formidable power. He sent in an elaborate message to the houses recommending that the State make a large loan and deposit the proceeds in bank, to be given out to the people on good security. The Senate committee, in evident sympathy with the scheme for relief, reported a bill authorizing the issue of two million six-year eight-per-cent. bonds to be loaned to private citizens, limiting each loan to one thousand dollars, and restricting the notes to three years, with eight per cent. interest.

The report of the House Committee was prepared by Robert Toombs. It was the most admirable and statesmanlike document of that day. Mr. Toombs said that deliberation had resulted in the conviction that the measure suggested by His Excellency should not be adopted. While his committee was duly sensible of and deeply regretted the pecuniary embarrassment of many of their fellow-citizens, he felt constrained by a sense of public duty to declare that he deemed it unwise and impolitic to use the credit, and pledge the property and labor of the whole people, to supply the private wants of a portion only of the people. The use of the public credit, he went on to say, was one of the most important and delicate powers which a free people could confide in their representatives; it should be jealously guarded, sacredly protected, and cautiously used, even for the attainment of the noblest patriotic ends, and never for the benefit of one class of the community to the exclusion or injury of the rest, whether the demand grew out of real or supposed pecuniary difficulties. To relieve these difficulties by use of the public credit would be to substitute a public calamity for private misfortune, and would end in the certain necessity of imposing grievous burdens in the way of taxes upon the many for the benefit of the few. All experience, Mr. Toombs went on to declare, admonish us to expect such results from the proposed relief measures, to adopt which would be to violate some of the most sacred principles of the social compact. All free governments, deriving their just powers from, and being established for the benefit of, the governed, must necessarily have power over the property, and consequently the credit, of the governed to the extent of public use, and no further. And whenever government assumed the right to use the property or credit of the people for any other purpose, it abused a power essential for the perfection of its legislative duties in a manner destructive of the rights and interests of the governed, and ought to be sternly resisted by the people. The proposed measures, he contended, violated these admitted truths, asserted the untenable principle that governments should protect a portion of the people, in violation of the rights of the remainder, from the calamities consequent on unpropitious seasons and private misfortunes.

He must have been an indifferent or careless spectator of similar financial schemes, Mr. Toombs declared, who could persuade himself that this plan of borrowing money, to lend again at the same rate of interest, could be performed without loss to the State. That loss must be supplied by taxation, and to that extent, at least, it will operate so as to legislate money from the pocket of one citizen to that of another. The committee declared that it knew of no mode of legislative relief except the interposition of unconstitutional, unwise, unjust, and oppressive legislation between debtor and creditor, which did not need their condemnation.

The argument was exhaustive and convincing. Never were the powers of the State or the soundness of public credit more strongly set forth. The whole scheme of relief was abandoned, and the General Assembly adjourned.

The relief measures, however, had a great effect upon the campaign. Rejected in the legislature under the rattling fire and withering sarcasm of Toombs, they were artfully used on the hustings. "McDonald and Relief" was the slogan. Men talked airily about "deliverance and liberty." Mr. Toombs declared that "humbuggery was reduced to an exact science and demonstrated by figures." The Act compelling the banks to make cash payments was represented as an unwise contraction of the currency and a great oppression to the people. Governor McDonald was consequently re?lected over William C. Dawson, the Whig nominee.

Robert Toombs was not a candidate for re?lection in 1841. He worked hard at the polls for the Whig ticket, and although his candidate for Governor received a majority of one in Wilkes County, the Whigs were defeated for the legislature. When he returned to the Assembly in 1842 he still found Governor McDonald and the Democrats supporting a central bank and the sub-treasury. They clamored to restore public finances to the old system. The Democrats held the legislature and elected to the United States Senate Walter T. Colquitt over Charles J. Jenkins. Although a member of the minority party, Mr. Toombs was appointed chairman of the Judiciary Committee. Here his high character and moral courage shone conspicuously. He proved a stone wall against the perfect flood of legislation designed for popular relief. To use his own words: "The calendar was strong with a heterogeneous collection of bills proposing stay-laws." He reported as "unwise, inexpedient, and injurious," proposed Acts "to protect unfortunate debtors"; "to redeem property in certain cases"; also a bill to "exempt from levy and sale certain classes of property." He held with Marshall the absolute inviolability of contracts; he believed in common honesty in public and private life; he was strict in all business obligations; he denounced the Homestead Act of 1868, and declared in his last days that there was "not a dirty shilling in his pocket." Mr. Toombs was nothing of the demagogue. He was highminded, fearless, and sincere, and it may be said of him what he afterward declared so often of Henry Clay, that "he would not flatter Neptune for his trident or Jove for his power to thunder." He was called upon at this session to fight the repeal of the law he had framed in 1840, to regulate the system of banking. He declared in eloquent terms that the State must restrict the issue of the banks and compel their payment in specie. The experiment of banking on public credit had failed, he said. It had brought loss to the government, distress to the people, and had sullied the good faith of Georgia.

The craze for internal improvements now swept over the country. The Whigs were especially active, and we find resolutions adopted by the General Assembly, calling on the Federal Government to create ports of entry and to build government foundries and navy yards on the Southern seaboard. Mr. Toombs was chairman of the Committee of Internal Improvements, but his efforts were directed toward the completion of the Western and Atlantic Railroad. These enterprises had overshadowed the waterways, and the railway from Charleston, S. C., to Augusta, Ga., one of the very first in the country, had just been completed. Already a company had embarked upon the construction of the Georgia Railroad, and on May 21, 1837, the first locomotive ever put in motion on the soil of Georgia moved out from Augusta. A local paper described the event in sententious terms:

This locomotive started beautifully and majestically from the depository and, following the impetus given, flew with surprising velocity on the road which hereafter is to be her natural element.

The General Assembly decided that these rail lines should have an outlet to the West. This great road was finally built and operated from Atlanta to Chattanooga, and is still owned by the State, a monument to the sagacity and persistency of Toombs and his associates in 1840. The great possibilities of these iron highways opened the eyes of the statesmen of that day, Mr. Calhoun seemed to drop for a time his philosophical studies of States and slavery and to dream of railroads and commercial greatness. He proposed the connection of the Atlantic Ocean with the Mississippi River and the great West, through Cumberland Gap--a brilliant and feasible scheme. Governor Gilmer of Georgia declared in his message that these projected roads "would add new bonds to the Union." But King Cotton, with his millions in serfdom, issued his imperial decrees, and not even this great railroad development could keep down the tremendous tragedy of the century.

One of the measures to which Mr. Toombs devoted great attention during his legislative term was the establishment of a State Supreme Court. This bill was several times defeated, but finally in 1843 passed the house by a vote of 88 to 86. It was the scene of many of his forensic triumphs. He also introduced, during the sessions of 1842 and 1843, bills to abolish suretyship in Georgia. This system had been severely abused. In the flush times men indorsed without stint, and then during the panic of 1837 "reaped the whirlwind." Fortunes were swept away, individual credit ruined, and families brought to beggary by this reckless system of surety. What a man seldom refused to do for another, Mr. Toombs strove to reach by law. But the system had become too firmly intrenched in the financial habits of the people. His bill, which he distinctly stated was to apply alone to future and not past contracts, only commanded a small minority of votes. It was looked upon as an abridgment of personal liberty. Mr. Toombs exerted all of his efforts in behalf of this bill, and it became quite an issue in Georgia. It is not a little strange that when Robert Toombs was dead, it was found that his own estate was involved by a series of indorsements which he had given in Atlanta to the Kimball House Company. Had he maintained the activity of his younger days, he would probably have turned this deal into a profitable investment. The complication was finally arranged, but his large property came near being swept away under the same system of surety he had striven to abolish.

ELECTED TO CONGRESS.

Entering public life about the same time, living a short distance apart, professing the same political principles, practicing in the same courts of law, were Alexander H. Stephens of Taliaferro and Robert Toombs of Wilkes. Entirely unlike in physical organism and mental make-up, differing entirely in origin and views of life, these two men were close personal friends, and throughout an eventful period of more than half a century, preserved an affectionate regard for each other.

Mr. Stephens was delicate, sensitive, conservative, and sagacious, while Toombs was impetuous, overpowering, defiant, and masterful. Stephens was small, swarthy, fragile, while Toombs was leonine, full-blooded, and majestic. And yet in peace and war these two men walked hand in hand, and the last public appearance of Robert Toombs was when, bent and weeping, he bowed his gray head at the coffin and pronounced the funeral oration over Alexander Stephens.

In the General Assembly of 1843, Robert Toombs was a member of the house, but his ability and power had marked him as a candidate for Congress, and Mr. Stephens had already been promoted from the State Senate to a seat in the national legislature at Washington. The law requiring the State to choose congressmen on the district plan had been passed, and the General Assembly was then engaged in laying off the counties into congressional districts. The bill, as first reported, included the counties of Wilkes and Taliaferro in the second district of Georgia. Here was a problem. Toombs and Stephens had been named as Whig candidates for the Clay campaign of 1844. To have them clash would have been to deprive the State of their talents in the national councils. It would be interesting to speculate as to what would have been the result had these two men been opposed. Stephens was naturally a Union man, and was no very ardent advocate of slavery. Toombs inherited the traditions of the Virginia landowners. It is not improbable that the firmness of the one would have been a foil for the fire of the other. History might have been written differently had not the conference committee in the Georgia Legislature in 1843 altered the schedule of districts, placing Taliaferro in the seventh and Wilkes in the eighth Congressional district. Both were safely Whig, and the future Vice-President and premier of the Southern Confederacy now prepared for the canvass which was to plunge them into their duties as members of the national Congress.

Robert Toombs had already made his appearance in national politics in 1840. Although still a member of the Georgia Legislature, he took a deep interest in the success of the Whig ticket for President. His power as a stump speaker was felt in eastern Georgia, where the people gathered at the "log cabin and hard cider" campaigns. The most daring feat of young Toombs, just thirty years old, was in crossing the Savannah River and meeting George McDuffie, the great Democrat of South Carolina, then in the zenith of his fame. An eye-witness of this contest between the champions of Van Buren and Harrison declared that McDuffie was "harnessed lightning" himself. He was a nervous, impassioned speaker. When the rash young Georgian crossed over to Willington, S. C., to meet the lion in his den, Toombs rode horseback, and it was noticed that his shirt front was stained with tobacco juice, and yet Toombs was a remarkably handsome man. "Genius sat upon his brow, and his eyes were as black as death and bigger than an ox's." His presence captivated even the idolators of McDuffie. His argument and invective, his overpowering eloquence, linger in the memory of old men now. McDuffie said of him: "I have heard John Randolph of Roanoke, and met Burgess of Rhode Island, but this wild Georgian is a Mirabeau."

In 1844 Robert Toombs was a delegate to the Baltimore convention which nominated Henry Clay, and during this visit he made a speech in New York which attracted wide attention. It threatened to raise a storm about his head in Georgia. In his speech he arraigned Mr. Calhoun for writing his "sugar letter" to Louisiana, and for saying that he would protect sugar because it was the production of slave labor. Mr. Toombs declared: "If any discrimination is made between free and slave labor it ought to be in favor of free labor." "But," said he, "the Whigs of Georgia want no such partial protection as Mr. Calhoun offers; they want protection for all classes of labor and home industry. The Whigs protest against these efforts to prejudice the South against the North, or the North against the South. They have a common interest as well as a common history. The blood that was mingled at Yorktown and at Eutaw cannot be kept at enmity forever. The Whigs of Bunker Hill are the same as the Whigs of Georgia." Mr. Toombs was actually charged in this campaign with being an Abolitionist. He was accused of saying in a speech at Mallorysville, Ga., during the Harrison campaign, that slavery was "a moral and political evil." This was now brought up against him. Mr. Toombs admitted saying that slavery was a political evil. He wrote a ringing letter to his constituents, in which he declared that "the affected fear and pretended suspicion of a part of the Democratic press in relation to my views are well understood by the people. I have no language to express my scorn and contempt for the whole crew. I have no other reply to make to these common sewers of filth and falsehood. If I had as many arms as Briareus they would be too few to correct the misrepresentations of speeches I have made in the past six months."

It was on the 3d of October, 1844, that Robert Toombs spoke at a memorable political meeting in Augusta, Ga. Augusta was in the heart of the district which he was contesting for Congress, and the Democrats, to strengthen their cause, brought over McDuffie from South Carolina. Large crowds were present in the shady yard surrounding the City Hall; seats had been constructed there, while back in the distance long trenches were dug, and savory meats were undergoing the famous process of barbecue. Speaking commenced at ten o'clock in the morning, and, with a short rest for dinner, there were seven hours of oratory. People seldom tired in those days of forensic meetings. Toombs was on his mettle. He denounced the Democrats for dragging the slavery question before the people to operate upon their fears. It was a bugbear everlastingly used to cover up the true question at issue. It was kept up to operate on the fears of the timid and the passions and prejudices of the unsuspecting.

The young Whig then launched into a glowing defense of the National Bank. The Democrats had asked where was the authority to charter a bank? He would reply, "Where was the authority, in so many words, to build lighthouses? Democrats were very strict constructionists when it was necessary to accomplish their political purposes, but always found a way to get around these doubts when occasion required." He taunted McDuffie with having admitted that Congress had power to charter a bank.

Mr. Toombs contended that a tariff, with the features of protection to American industry, had existed since the foundation of the government. This great system of "plunder" had been supported by Jefferson. Eloquently warming up under the Democratic charge that the tariff was a system of robbery, Mr. Toombs appealed to every Whig and Democrat as an American who boasted of this government as "a model to all nations of the earth; as the consummation of political wisdom; who asks the oppressed of all nations to come and place himself under its protection, because it upholds the weak against the strong and protects the poor against the rich, whether it has been going on in a system of plunder ever since it sprang into power." "It is not true," he said, "it is not true!"

Turning with prophetic ken to his Augusta friends, he asked what would be the effect were the Savannah River turned through the beautiful plains of Augusta, and manufactures built up where the industrious could find employment. Hundreds of persons, he said, would be brought together to spin the raw cotton grown in the State, to consume the provisions which the farmers raised, thus diversifying their employment and increasing their profits. "Would any man tell me," shouted the orator, his eyes blazing, and his arms uplifted, "that this would impoverish the country--would make paupers of the people? To increase the places where the laborer may sell his labor would never make him a pauper. Be controlled," said he, "in the administration of government and in all other things, by the improvement of the age. Do not tie the living to the dead. Others may despise the lights of science or experience; they have a right, if they choose, to be governed by the dreams of economists who have rejected practical evidence. But no such consistency is mine. I will have none of it."

McDuffie in his speech declared that all the plundering which England had been subjected to from the days of Hengist and Horsa could not equal the plundering which the people of the exporting States had sustained.

Toombs answered that if a man must pay tax to sustain the government it was better he should pay it in such a way as to benefit his own countrymen than for the benefit of foreign manufacturers and foreign capitalists.

Mr. Toombs alluded to a letter of James K. Polk to a Pennsylvania manufacturer, as leaning toward protection.

McDuffie said that Polk's letter was "composed for that meridian."

"Henry Clay does not need an interpreter," cried Toombs. "He is the same in the North as in the South. He would rather be right than President."

"Dallas, the Democratic nominee for vice president, is a high-tariff man," said Toombs. "He voted for the tariff of 1832 and against the compromise measures. Although the sword was drawn to drink the blood of McDuffie's friends in Carolina, Dallas would still adhere to his pound of flesh."

Toombs concluded his great reply to McDuffie: "We have lived under the present order of things for fifty years, and can continue to live under it for one thousand years to come, if the people of the South are but content to stand upon their rights as guaranteed in the Constitution, and not work confusion by listening to ambitious politicians: by taking as much pains to preserve a good understanding with our Northern brethren, the vast majority of whom are inclined to respect the limitations of the Constitution."

The campaign of 1844 was bitter in Georgia. The Whigs carried the burden of a protective tariff, while the memories of nullification and the Force bill were awakened by a ringing letter from George M. Troup, condemning the tariff in his vigorous style. This forced Mr. Toombs, in his letter accepting the congressional nomination, to review the subject in its relation to the States' Rights party in Georgia. "The tariff of 1824," said he, "which was voted for by Andrew Jackson, carried the principle of protection further than any preceding one. Jackson was the avowed friend of the protective policy, yet he received the vote of Georgia, regardless of party. In 1828 the Harrisburg convention demanded additional protection, and this measure was carried through Congress by the leading men of the Democratic party. It created discontent in the South, and the Act of 1832 professed to modify the tariff--but this measure not proving satisfactory was 'nullified' by South Carolina. General Jackson then issued his proclamation which pronounced principles and issues utterly at war with the rights of the States, and subversive of the character of the government. The opponents of consolidating principles went into opposition. Delegates met in Milledgeville in 1833, adopted the Virginia and Kentucky resolutions, denounced the sentiments of Jackson's proclamation, and affirmed the doctrine of States' Rights."

"The Democratic party was then," said Toombs, "cheek by jowl with the whole tariff party in the United States, sustaining General Jackson, and stoutly maintaining that the leaders of that spirited little band in our sister State, whose talent shed a glory over their opposition, deserved a halter. They sustained John C. Forsythe in voting against the Compromise bill--that peace offering of the illustrious Henry Clay."

Mr. Toombs declared in this campaign that the effect of a tariff on the productive industries of a country has been a disputed question among the wisest statesmen for centuries, and that these influences are subject to so many disturbing causes, both foreign and domestic, that they are incapable of being reduced to fixed principles. Mr. Toombs did not hesitate, however, to condemn "the theories of the South Carolina school of politics."

Mr. Toombs opposed the acquisition of Texas. He did not believe the North would consent. "It matters not," he said, "that Mexico is weak, that the acquisition is easy. The question is just the same: Is it right, is it just, is it the policy of this country to enlarge its territory by conquest? The principle is condemned by the spirit of the age, by reason, and by revelation. A people who love justice and hate wrong and oppression cannot approve it. War in a just cause is a great calamity to any people, and can only be justified by the highest necessity. A people who go to war without just and sufficient cause, with no other motive than pride and love of glory, are enemies to the human race and deserve the execration of all mankind. What, then, must be the judgment of a war for plunder?" He denounced the whole thing as a land job, and declared that he would rather have "the Union without Texas than Texas without the Union."

The Democratic opponent of Mr. Toombs in this canvass was Hon. Edward J. Black of Screven, who had been in Congress since 1838. The new district was safely Whig, but the young candidate had to fight the prestige of McDuffie and Troup and opposition from numberless sources. It was charged that he always voted in the Georgia Legislature to raise taxes. He retorted, "It is right to resort to taxation to pay the honest debt of a State. I did vote to raise taxes, and I glory in it. It was a duty I owed the State, and I would go to the last dollar to preserve her good name and honor."

While Mr. Toombs was making a speech in this canvass a man in the audience charged him with having voted for the free banking law and against the poor-school fund. "The gentleman," said Mr. Toombs, "seems to find pleasure in reveling in my cast-off errors. I shall not disturb him."

"How is this, Mr. Toombs," shouted a Democrat at another time, "here is a vote of yours in the house journal I do not like."

"Well, my friend, there are several there that I do not like: now what are you going to do about it?"

"In 1805 quarreled with Colonel Davis of Kentucky, which led to his first duel. In 1808 challenged Humphrey Marshall, and fired three times at his breast. In 1825 challenged the great John Randolph, and fired once at his breast. In 1838 he planned the Cilley duel, by which a murder was committed and a wife made a mourner. In 1841, when sixty-five years old, and gray-headed, is under a five thousand dollar bond to keep the peace. At twenty-nine he perjured himself to secure a seat in the United States Senate. In 1824, made the infamous bargain with Adams by which he sold out for a six thousand dollar office. He is well known as a gambler and Sabbath-breaker."

But the eloquent Harry of the West had a large and devoted following. He visited Georgia in March of this year, and charmed the people by his eloquence and magnetism. Robert Toombs had met him at the social board and had been won by his superb mentality and fine manners. Women paid him the tribute of their presence wherever he spoke, and little children scattered flowers along his path. But the November election in Georgia, as elsewhere, was adverse to the party of Henry Clay. Toombs and Stephens were sent to Congress, but the electoral vote of Georgia was cast for Polk and Dallas, and the Whigs, who loved Clay as a father, regarded his defeat as a personal affliction as well as a public calamity.

IN THE LOWER HOUSE.

Robert Toombs took his seat in the twenty-ninth Congress in December, 1845. The Democrats organized the House by the election of John W. Davis of Indiana, Speaker. The House was made up of unusually strong men, who afterward became noted in national affairs. Hannibal Hamlin was with the Maine delegation; ex-President John Quincy Adams had been elected from Massachusetts with Robert C. Winthrop; Stephen A. Douglas was there from Illinois; David Wilmot from Pennsylvania; R. Barnwell Rhett and Armistead Burt from South Carolina; Geo. C. Droomgoole and Robert M. T. Hunter of Virginia, Andrew Johnson of Tennessee, were members, as were Henry W. Hilliard and W. L. Yancey of Alabama, Jefferson Davis and Jacob Thompson of Mississippi, and John Slidell of Louisiana. Toombs, Stephens, and Cobb were the most prominent figures in the Georgia delegation.

The topics uppermost in the public mind of that day were the Oregon question, Texas, and the ubiquitous tariff. It looked at one time as if war with Great Britain were unavoidable. President Polk occupied an extreme position, and declared in his message to Congress that our title to the whole of Oregon was clear. The boundary of the ceded territory was unsettled. The Democrats demanded the occupation of Oregon, with the campaign cry of "fifty-four forty or fight."

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