Robert Toombs / Statesman, Speaker, Soldier, Sage

by Pleasant A. Stovall

There was no important litigation in eastern or middle Georgia that did not enlist his services. He proved to be an ardent and tireless worker. He had grown into a manhood of splendid physique, and he spent the days and most of the nights in careful application. He never went into a case until after the most thorough preparation, where preparation was possible. But he had a wonderful memory and rare legal judgment. He was thoroughly grounded in the principles of law. He possessed, as well, some of that common sense which enabled him to see what the law ought to be, and above all else, he had the strongest intuitive perception of truth. He could strip a case of its toggery and go right to its vitals. He was bold, clean, fearless, and impetuous, and when convinced he had right on his side would fight through all the courts, with irresistible impulse. He was susceptible to argument, but seemed absolutely blind to fear.

The brightest chapters of the life of Toombs are perhaps his courthouse appearances. There is no written record of his masterly performances, but the lawyers of his day attest that his jury speeches were even better than his political addresses.

A keen observer of those days will tell you that Mr. Stephens would begin his talk to the jury with calmness and build upon his opening until he warmed up into eloquence; but that Mr. Toombs would plunge immediately into his fierce and impassioned oratory, and pour his torrent of wit, eloquence, logic, and satire upon judge and jury. He would seem to establish his case upon the right, and then defy them to disregard it.

In spite of this vehement and overpowering method he possessed great practical gifts. He had the knack of unraveling accounts, and while not technically skilled in bookkeeping, had a general and accurate knowledge which gave him prestige, whether in intricate civil or criminal cases. He was a rash talker, but the safest of counselors, and practiced his profession with the greatest scruple. On one occasion he said to a client who had stated his case to him: "Yes, you can recover in this suit, but you ought not to do so. This is a case in which law and justice are on opposite sides."

The client told him he would push the case, anyhow.

"Then," replied Mr. Toombs, "you must hire someone else to assist you in your damned rascality."

On one occasion a lawyer went to him and asked him what he should charge a client, in a case to which Mr. Toombs had just listened in the courthouse.

"Well," said Toombs, "I should have charged a thousand dollars; but you ought to have five thousand, for you did a great many things I could not have done."

Mr. Toombs was strict in all his engagements. His practice remained with him, even while he was in Congress, and his occasional return during the session of the Superior Court of the Northern Circuit gave rise at one time to some comment on the part of his opponents, the Democrats. The nominee of that party, on the stump, declared that the demands upon Mr. Toombs's legal talent in Georgia were too great to admit of his strict attendance to public business in Washington. When Mr. Toombs came to answer this point, he said: "You have heard what the gentleman says about my coming home to practice law. He promises, if elected to Congress, he will not leave his seat. I leave you to judge, fellow-citizens, whether your interest in Washington will be best protected by his continued presence or his occasional absence." This hit brought down the house. Mr. Toombs's addresses to the Supreme Court were models of solid argument. During the early days of the Supreme Court of Georgia, it was a migratory body; the law creating it tended to popularize it by providing that it should hold its sessions in the different towns in the State convenient to the lawyers. The court once met in the little schoolroom of the Lumpkin Law School in Athens. One of the earliest cases heard was a land claim from Hancock County, bristling with points and involving about $100,000 worth of property. A. H. Stephens, Benjamin H. Hill, Howell and Thomas Cobb were employed, but in this splendid fight of Titans, Justice Lumpkin declared that the finest legal arguments he ever heard were from the lips of Robert Toombs.

Hon. A. H. Stephens said the best speech Mr. Toombs ever made was in a case in which he represented a poor girl who was suing her stepfather for cruel treatment. The defendant was a preacher, and the jury brought in a verdict for $4000, the maximum sum allowed, and petitioned the Judge to allow them to find damages in a heavier amount.