In January, 1862, the General Assembly of Georgia elected Robert Toombs a member of the Confederate States Senate. Benjamin H. Hill was to be his colleague. But General Toombs had a different conception of his duty. He realized that he had been prominent in shaping the events that had led to the Civil War, and he did not shirk the sharpest responsibility. He felt that his duty was in the field. He had condemned the rush for civil offices and what he called "bombproof positions," and he wished at least to lead the way to active duty by remaining with his army.
Two months later an effort was made by some of his friends to have him appointed Secretary of War. This would have brought him in close contact with the army, which he was anxious to serve. The parties behind this movement believed that the great abilities of Mr. Toombs should not be hidden behind the command of a brigade. He would have made an ideal war minister. His genius for details and his ability to manage affairs and plan campaigns would have overmatched Edwin M. Stanton. But Mr. Toombs promptly cut off this movement in his behalf.
On 22d March, 1862, he wrote to his wife from Orange Court House, Va.:
I thought I had been very explicit on that point. I would not be Mr. Davis' chief clerk. His Secretary of War can never be anything else. I told my friends in Richmond to spare me the necessity of declining if they found it in contemplation. I have not heard that they had any occasion to interfere.... So far as I am concerned, Mr. Davis will never give me a chance for personal distinction. He thinks I pant for it, poor fool. I want nothing but the defeat of the public enemy and to retire with you for the balance of my life in peace and quiet in any decent corner of a free country. It may be his injustice will drive me from the army, but I shall not quit it until after a great victory, in which I shall have the opportunity of doing something for the country. The day after such an event I shall retire, if I live through it. I have grievances enough now to quit, but I shall bide my time. I get along very well with the army. I have not seen Johnston but once; he was polite and clever. George W. Smith I see every day. He is a first-rate gentleman and a good officer. I hear from Stephens constantly, but from nobody else in Richmond.... You say you pray for me daily. I need it. Put it in your prayers that if it be the will of God that I shall fall, a sacrifice in this great conflict, that I may meet it as becomes a gentleman.
An instance of General Toombs' impatience under red-tape rules may be recalled. A member of his brigade was taken ill, and he secured for him entrance into the hospital of Richmond. The hospital was crowded; regulations were stringent, and under some technical ruling his sick soldier was shipped back to his brigade. Toombs was fired with indignation. He proceeded to sift the affair to the bottom, and was told that General Johnston had fixed the rules. This did not deter him. Riding up to the commander's tent and securing admission, he proceeded to upbraid the general as only Toombs could do. When he returned to his headquarters he narrated the circumstance to Dr. Henry H. Steiner, his brigade surgeon and lifelong friend. Dr. Steiner, who had been a surgeon in the regular army, and had served in the Mexican war, was a better tactical officer than Toombs. He was himself fearless and upright, but full of tact and discretion. "General," said Dr. Steiner, "you have been too rash; you will be arrested." Toombs replied that he thought so, too. He held himself in anticipation for two or three days, but he was not disturbed. When he was finally summoned to General Johnston's tent, it was to consult over a plan of movement, and it was noticed that Toombs was the only brigadier in counsel. General Johnston subsequently remarked that Toombs was the biggest brained man in the Confederacy. The boldness and clearness of the impetuous Georgian had captured the grim hero of Manassas, who forgave the affront in the face of the overmastering mind of the man.
General McClellan reached Fortress Monroe, April 2, 1862, and commenced his march up the peninsula. The country is low and flat, and the season was unusually wet and dismal. The objective point was Richmond, seventy-five miles away, and the first obstruction met by the Federal army was at Yorktown. The defense adopted by General Magruder was a series of dams extending along the Warwick River, which stretched across the peninsula from the York to the James River, a distance of thirteen miles. The fords along the Warwick had been destroyed by dams defended by redoubts, and the invader and defender were stationed in dense swamps. At dam No. 1 Toombs' troops were often under fire. They fought with spirit. Each detachment was on duty defending the dam forty-eight hours, and between long exposure in the trenches, the frequent alarms, and sharp sorties, the service was very exhausting. It was only possible to change troops at night. On the 16th of April Toombs writes:
One of my regiments, the 17th Georgia, had a skirmish day before yesterday. They acted splendidly, charging the Yankees, and driving them from the rifle-pits, killing, wounding, and taking prisoners over one hundred of the enemy. I lost but two killed and a few wounded.
At the siege of Yorktown in the early part of May, 1862, General Toombs commanded a division consisting of his own and Semmes' brigades. He had 2357 men in his own and 2342 in Semmes' brigade, making about 4700 troops in line. During this siege General Magruder reports that General Toombs supported Cobb's brigade, and promptly and energetically led the remainder of his command under fire, arriving just before the enemy ceased their attack, and in time to share its danger. General Magruder had only 11,000 men under him in the peninsula, and General Huger but 8000, to oppose McClellan's march with 80,000. Johnston and Lee both pronounced the peninsula untenable, and on the 4th of May Yorktown was evacuated.