THE CAMPAIGN OF 1856.
There was a good deal of significance in the inquiry. There was a hot campaign ahead. The opposition party, made up of Know-nothings and old-line Whigs, had nominated Benjamin H. Hill for Governor. Senator Toombs knew that it would require a strong man to beat him. Besides the Governor, a legislature was to be chosen which was to elect a successor to Senator Toombs in the Senate. He was personally interested in seeing that the Democratic party, with which he had been in full accord since the passage of the Kansas-Nebraska bill, had a strong leader in the State. All the way home he was puzzling in his brain about "Joe Brown."
About the time that he returned, he was informed that Hill and Brown had met at Glen Spring, near Athens. A large crowd had attended the opening discussion. Howell Cobb wrote to Senator Toombs that he had better take charge of the campaign himself, as he doubted the ability of Judge Brown to handle "Hill of Troup."
Joseph E. Brown had come up from the people. He was a native of Pickens, S. C., of old Scotch-Irish stock that had produced Calhoun and Andrew Jackson. The late Henry W. Grady, in a bright fancy sketch, once declared that the ancestors of Joseph E. Brown lived in Ireland, and that "For seven generations, the ancestors of Joe Brown have been restless, aggressive rebels—for a longer time the Toombses have been dauntless and intolerant followers of the King. At the siege of Londonderry, Margaret and James Brown were within the walls, starving and fighting for William and Mary; and I have no doubt there were hard-riding Toombses outside the walls, charging in the name of the peevish and unhappy James. Certain it is that forty years before, the direct ancestors of Robert Toombs, in their estate, were hiding the good King Charles in the oak at Boscobel, where, I have no doubt, the father and uncle of the Londonderry Brown, with cropped hair and severe mien, were proguing about the place with their pikes, searching every bush in the name of Cromwell and the psalm-singers. From these initial points sprang the two strains of blood—the one affluent, impetuous, prodigal, the other slow, resolute, forceful. From these ancestors came the two men—the one superb, ruddy, fashioned with incomparable grace and fullness—the other pale, thoughtful, angular, stripped down to brain and sinew. From these opposing theories came the two types: the one patrician, imperious, swift in action, and brooking no stay; the other democratic, sagacious, jealous of rights, and submitting to no opposition. The one for the king, the other for the people."
Young Joe Brown had taught school, studied law, finally completing his course at Yale College. He was admitted to the bar in 1845. In 1849 he was elected as a Democrat to the State Senate by Cherokee County. In 1851 he had been a Southern Rights' man, voting for McDonald against Cobb, the Union candidate for Governor. In 1852 he was Democratic elector for Pierce. In 1855 he was elected by the people judge of the Blue Ridge Circuit. He was very strong in North Georgia. The convention which selected him as the candidate for Governor met in Milledgeville, June 24, 1857. The Democrats had no lack of eminent men. There were candidates enough. James Gardner, the brilliant and incisive editor of the Augusta Constitutionalist, led the ballot, but Brown was finally brought in as a compromise man. His nomination was a surprise.
When Senator Toombs met the young nominee, by appointment, to talk over the campaign, he found that he was full of good sense and sagacity. He joined him in his canvass, lending his own name and prestige to the Democratic meetings. But he found much shrewdness and homely wisdom about Joseph E. Brown, and he became convinced that he was able to make his way to the favor of the people without outside aid. The Democratic nominee proved his ability to stand before the luminous oratory of Ben Hill himself. Brown had courage, clearness, and tact, with growing ability and confidence. He soon developed the full strength of the Democratic party, which, in Georgia, was overwhelming. Joseph E. Brown was elected Governor, and the last vestige of the American party went down in 1857. The legislature was overwhelmingly Democratic.
On the 6th of November, 1857, Mr. Toombs wrote from Milledgeville to his wife, pending the election of United States Senator:
I got here Wednesday and found the usual turmoil and excitement. Governor McDonald is here and has been trying hard to beat me, but I find very unexpected and gratifying unanimity in my favor. The party met this evening and nominated me by acclamation, with but two or three dissenting votes, and they speak of bringing on the election to-morrow. I am very anxious to see you, and am tired of wandering about in excited crowds; but I suppose after to-morrow I will have peace, so far as I am concerned, for the next six years. I think I shall be entitled to exemption from the actual duties of future campaigns to stay at home with you.
He was reëlected to the United States Senate for the term beginning March 4, 1857.
When President Buchanan was inaugurated, he announced that a case was pending in the Supreme Court upon the occupation of the Territories. By this decision he would abide. The day after the inauguration the decision was announced. It was the celebrated Dred Scott case. It fell like a bomb into the antislavery camp. The great question involved was whether it was competent for Congress, directly or indirectly, to exclude slavery from the Territories of the United States. The Supreme Court decided that it was not. Six judges out of eight made this decision. The opinion was delivered by Chief Justice Roger B. Taney.
This decision added to the fury of the storm. It was announced that the Chief Justice had announced the doctrine that "negroes had no rights that a white man was bound to respect"; a sentiment so atrocious that this official repelled it with indignation. Efforts were made to bury the Chief Justice in obloquy.
The struggle over the admission of Kansas into the Union was prolonged in Congress. But the situation in Kansas became warmer every year. The Eastern immigrant societies were met by inroads of Missouri and Southern settlers. A state of civil war virtually obtained in 1856-57, and throughout Buchanan's administration there was a sharp skirmish of new settlers and a sharp maneuver of parties for position. The Georgia State Democratic Convention of 1857 demanded the removal of Robert J. Walker, who had been appointed Governor of Kansas. He was a Southern man, but was regarded as favoring the antislavery party in its efforts to organize the Territory. The truth was, as Senator Toombs had clearly foreseen and expressed in his speech in the Senate in 1856, Kansas was destined to be a free State, and amid the violence of the agitation, confined to no one side, was marching steadily toward this destiny. The administration favored the admission of Kansas with the Lecompton Constitution, which was decidedly favorable to the proslavery men. Senator Douglas opposed this plan. He had become committed to the policy of squatter sovereignty during the debate on the Kansas-Nebraska bill in 1854. He contended that the settlers of a Territory could determine the character of their institutions, a position which the Buchanan party denounced as inconsistent with Democratic principles. Mr. Douglas indorsed the Dred Scott decision, but maintained his position on popular sovereignty. He became at once unpopular with the rank and file of the Southern Democracy, with whom he had long been a favorite. He was also estranged from the administration, and it was evident that he would have no easy matter to be reëlected United States Senator. This election came off in the fall of 1858. It was clear to him that, to maintain his prominence in politics, he must carry Illinois. Unless he could save his own State his chance for President was gone. So he went into this memorable canvass with his own party divided and a determined opponent in the person of Abraham Lincoln. The young Republican party in Illinois had been gathering strength with each new phase of the slavery question.
The joint debate between Douglas and Lincoln was memorable. As a dexterous debater, Douglas had no equal in the Union. He was strong on the stump and incomparable in a popular assembly. Without grace or imagination, he was yet a plausible, versatile man, quick and ingenious, resolute and ready, with a rare faculty for convincing men. He was small and sinewy, with smooth face, bright eye, and broad brow, and his neighbors called him the "Little Giant." He could be specious, even fallacious; he employed an ad captandum kind of oratory, which was taking with a crowd and confusing to an adversary. The man who met him in these debates was a tall, impressive personage, rough, original, but direct and thoroughly sincere. In many points he was the opposite of Douglas.
He was rather an ill-ordered growth of the early West, a man who had toiled and suffered from his youth up. He was full of sharp corners and rough edges, and his nature was a strange mixture of patience and melancholy. As Mr. Stephens said, he regarded slavery "in the light of a religious mysticism," and believed that his mission to beat it down was God-ordained. And yet he was a statesman, a public man of breadth and prominence, a speaker of force and persuasion. He had the robust courage of a pioneer and the high purpose of a reformer. It was in this debate that Mr. Lincoln, at Freeport, Ill., asked Mr. Douglas that memorable question, on the stump: "Can the people of a Territory, in any lawful way, exclude slavery from their limits, prior to the formation of a State constitution?" Mr. Douglas promptly answered, "Yes." This was his doctrine of popular sovereignty. But the answer cost him the Democratic nomination to the Presidency. The theory that a mass of settlers, squatting in a Territory, could fix and determine the character of the Territory's domestic institutions, was repugnant to a large portion of the Southern people. They claimed that under the Dred Scott decision, slavery already existed in the Territories, and must be protected by the Constitution; and that it was not competent for the people to determine for themselves the question of slavery or no slavery, until they formed a constitution for admission into the Union as a State.
The election in Illinois, in the fall of 1858, gave Stephen A. Douglas a majority of eight in the General Assembly over Abraham Lincoln, and Douglas was reëlected for the new term. In this contest he had been opposed by the Buchanan Democrats, who cast over 8000 votes in Illinois.
In the Senate, the debate on popular sovereignty was renewed. This time Jefferson Davis, a senator from Mississippi, attacked this position as incompatible with the Constitution and the laws. Mr. Davis was a skillful debater. His mind was singularly graceful and refined. He was eloquent, logical, and courageous. His career as soldier and statesman, as War Minister under Pierce, and as senator for Mississippi, made him a prominent figure. He was cultured, classical, and well rounded, equipped by leisure and long study for the career before him. He had vanquished Sergeant S. Prentiss in public discussion over the national bank, and contested, inch by inch, the domination of Henry S. Foote in Mississippi. His career in the Mexican war had been a notable one. Allied to Zachary Taylor by marriage, a West Pointer by training, a Southern planter by occupation, he was a typical defender of slavery as it existed. Davis was as slender and frail as Douglas was compact and sinewy. Like Lincoln, his mind grasped great principles, while Douglas was fighting for points and expedients.
Douglas declared that the territorial settler could determine whether slavery should exist, by his influence in providing or withholding police power; although he denied the constitutional right to legislate slavery out of the Territories, yet he believed the "popular sovereign" could, by means of "unfriendly legislation," bar out the Southern settler with his slaves. It was not difficult for Mr. Davis to impale him upon this plea.
Senator Douglas had saved his seat in the Senate, but his position in the Democratic party was weakened. The Lecompton Constitution passed the Senate in spite of Douglas's steady opposition.
Senator Toombs took no part in the subtleties of the Douglas-Davis debate. He listened to the refinements of that discussion with decided convictions of his own, but with clear appreciation of the fact that every point scored against Douglas was cleaving the Democratic party in twain. Mr. Toombs favored the adoption of the Lecompton Constitution, but when it was rejected by the House, he promptly accepted the English compromise, to refer the matter back to the people. Mr. Toombs had always been partial to Douglas. In the campaign of 1856 he declared, in Georgia, that "the man who condemned Senator Douglas needed watching himself." He viewed with some pain the Douglas departure over popular sovereignty; indeed he once declared that had he not been called away from the Senate for quite a time in 1856, Mr. Douglas would never have gone off on this tangent. When asked if Douglas were really a great man, Senator Toombs, in 1860, answered with characteristic heartiness and exaggeration, "There has been but one greater, and he, the Apostle Paul."
It was very evident that the people of the South would demand new guarantees for the protection of slavery against the dogma of popular sovereignty. The platform of the Cincinnati convention, upon which Buchanan had been elected, must be recast. The platform had declared that immigrants to any part of the public domain were to settle the question of slavery for themselves. The new plank, which President Buchanan framed, was that the government of a Territory was provisional and temporary, and during its existence, all citizens of the United States had an equal right to settle with their property in the Territory, without their rights, either of person or property, being destroyed or impaired by Congressional or Territorial legislation. The two last words contained the gist of the resolution, which was aimed at Senator Douglas. However right as an abstract principle, Mr. Stephens declared that this was a departure from the doctrine of non-intervention.
It was at this time that Senator Toombs made one of the most important speeches of his life. This was delivered in Augusta, Ga., September 8, 1859, during an exciting campaign. Governor Brown was a candidate for reëlection, and a strong opposition party had developed in Georgia, representing the extreme Southern sentiment.
Senator Toombs said that the opposition to the Kansas bill had continued because it was said to recognize the right of the people of a Territory, through the Territorial legislature, to establish or prohibit slavery. "When we condemned and abrogated Congressional intervention against us," said he, "that was a great point gained. Congress had actually excluded us from the Territories for thirty years. The people of a Territory had in no instance attempted such an iniquity. I considered it wise, prudent, and politic to settle the question against our common enemy, Congress, even if I left it unsettled as to our known friends, the people of the Territories. We could not settle the question of the power of the people over slavery while in a territorial condition, because Democrats differed on that point. We, therefore, declared in the Kansas bill that we left the people of the Territories perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States. We decided to refer the question to the Supreme Court. It has gone there and been decided in our favor. The Southern friends of the measure repudiate the principle of squatter sovereignty. I stand its steady and uncompromising adversary. The doctrine of Douglas has not a leg to stand upon. Yet I do not belong to those who denounce him. The organization of the Democratic party leaves this an open question, and Mr. Douglas is at full liberty to take either side he may choose, and if he maintains his ground of neither making nor accepting new tests of political soundness, I shall consider him a political friend, and will accept him as the representative of the party, whatever it may tender him. I do not hesitate to tell you that, with his errors, I prefer him and would support him to-morrow against any opposition leader in America.
"We are told," said Mr. Toombs, "that we must put a new plank in the platform of the Democratic party, and demand the affirmance of the duty of Congress to prohibit slavery in a Territory, where such Territory may fail to discharge this duty. I reply, I do not think it is wise to do the thing proposed, and the inducement would not help the proposition. While I have already asserted full and complete power of Congress to do this, I think, with Mr. Madison, that it should be prudently and carefully exercised, and it ought not to be exercised until the occasion is imperative. There has been no occasion, from 1789 to this hour, calling for it, and I am more than willing that the Territorial settlers shall continue to govern themselves in their own way, so long as they respect the rights of all the people. I will not insult them by supposing them capable of disregarding the Constitution of the United States, or by assuming that they are incapable of honest self-government.
"No; I shall prescribe no new test of party fealty to Northern Democrats, those men who have hitherto stood with honor and fidelity upon their engagements. They have maintained the truth to their own hurt. They have displayed a patriotism, a magnanimity rarely equaled in the world's history, and I shall endeavor, in sunshine and in storm, with your approbation if I can get it, without it if I must, to stand by them with fidelity equal to their great deserts. If you will stand with me, we shall conquer faction in the North and South, and shall save the country from the curse of being ruled by the combination now calling itself the opposition. We shall leave this country to our children as we found it—united, strong, prosperous and happy."
This was a memorable speech, strong, sincere, and conservative, and had a marked effect. It was intended, not only to influence the canvass then pending, but to have an effect in controlling the National convention to be held six months later. It was copied far and wide, and the success of the State candidates whom Mr. Toombs supported showed that its statesmanlike utterances were adopted overwhelmingly in Georgia.