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which provided for the establishment of two territorial governments in Kansas and Nebraska, instead of one, expressly repealed the Missouri Compromise as being inconsistent with the principles of non-intervention by Congress.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 Massachusetts. 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 gratitude 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 Constitution 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 Massachusetts, 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 entitled 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 institutions, 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 Constitution, 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 institutions 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."