Robert Toombs / Statesman, Speaker, Soldier, Sage

by Pleasant A. Stovall

At once the State was in an uproar. "Toombs is attempting a new revolution," was alleged. He was charged with leading an idolatrous majority into war upon the rights of property. Conservative men like Jenkins deprecated the agitation. Atlanta was filled with a powerful railroad lobby, and the press resounded with warning that development of the waste places of Georgia would be retarded by this unjust and nefarious warfare. Robert Toombs was not an agrarian. His movement against the corporations was reënforced by delegates from the small towns in Georgia, who had suffered from discrimination in favor of the larger cities. Railroad traffic had been diverted by rigid and ruthless exactions, and a coterie of delegates from southwest Georgia stood solidly by Toombs. These debates drew crowds of listeners. From the galleries hundreds of interested Georgians looked down upon the last public service of Robert Toombs. He never appeared to finer advantage. His voice lacked its old-time ring, his beard was gray and his frame was bent, but he was fearless, aggressive, alert, eloquent. He was master of the whole subject. Railways, he declared, were public highways. Upon no other principle could they receive land from the State, under its right of eminent domain, than that this land was condemned for public and not for private use. A public highway means that it must be used according to law. In those States where people have been fighting the encroachments of public monopolies, it had been found necessary to use these terms, and Toombs prefaced his agitation with this announcement.

General Toombs did not mince matters. He declared that the rapacious course of the railroads in Georgia had been spoliation. Monopoly is extortion. Corporations must either be governed by the law or they will override the law. Competition is liberty. Keep the hand of the law on corporations and you keep up competition; keep up competition and you preserve liberty. It has been argued that the towns and counties in Georgia had grown rich. That is the same argument that was made in the English Parliament. They said; "Look at your little colonies, how they have grown under our care." But the patriotic men of America said; "We have grown rich in spite of your oppressions." Shall we not restrain this tax-gatherer who has no judge but himself, no limit but his avarice?

General Toombs wanted it placed in the constitution that the legislature shall pass these laws restricting railroads. He declared he had twice drawn bills for that purpose; they had passed the House, but crumbled as though touched with the hand of death when they came to the forty-four (the Senate). "What," said he, "do I see before me? The grave. What beyond that? Starving millions of our posterity, that I have robbed by my action here, in giving them over to the keeping of these corporations. The right to control these railroads belongs to the State, to the people, and as long as I represent the people, I will not consent to surrender it, so help me God!"

The spirit of Toombs dominated that convention. Men moved up the aisle to take their seats at his feet as he poured out his strong appeal. One-half of that body was filled with admiration, the other half with alarm. "It is a sacred thing to shake the pillars upon which the property of the country rests," said Mr. Hammond of Fulton. "Better shake the pillars of property than the pillars of liberty," answered this Georgia Sampson, with his thews girt for the fray. "The great question is, Shall Georgia govern the corporations or the corporations govern Georgia? Choose ye this day whom ye shall serve!"

The house rang with applause. Members clustered about the old man as about the form of a prophet. The majority was with him. The articles which he had advocated came from the committee without recommendation, but they were substantially adopted, and are now parts of the supreme law of the land. The victory was won, and Robert Toombs, grim and triumphant, closed his legislative career, and claimed this work as the crowning act of his public labors.

These principles are contained in Article IV. of the State constitution of Georgia. It declares the right of taxation to be sovereign, inviolable, and indestructible, and that it shall be irrevocable by the State; that the power to regulate freight and passenger tariffs and to prevent unjust discriminations shall be conferred upon the General Assembly, whose duty it shall be to pass laws for the same; that the right of eminent domain shall never be abridged; that any amendment to a charter shall bring the charter under the provisions of the Constitution; that the General Assembly shall have no authority to authorize any corporation to buy shares of stock in any other corporation, which shall have the effect to lessen competition or encourage monopoly. No railroad shall pay a rebate or bonus.

Under these provisions, the Railroad Commission of Georgia was organized in 1879. This idea, as it finally worked out, was General Toombs'. He did not favor fixing the rates in the law, but the creation of such a commission to carry out these provisions. The present law was framed by Judge William M. Reese, Hon. Samuel Barnett, Ex-Senator H. D. McDaniel, and Superintendent Foreacre of the Richmond and Danville Railroad. It has worked well in Georgia. Twice has the legislature attempted to remodel it, but the people have rallied to its support and have not permitted it to be amended in so much as a single clause. It has served as an example for imitation by other States, and was cited as strong authority in Congress for the creation of the Inter-State Commerce Law. The railroad men, after fighting it for ten years, have come round to acknowledge its value. It has stood as a breakwater between the corporations and the people. It has guaranteed justice to the citizen, and has worked no injury to the railroads. Under its wise provisions Georgia has prospered, and leads the Union to-day in railroad building. And when, during a recent session of the legislature, an attempt was made to war upon railroad consolidation, the saving, overmastering, crowning argument of the railroads themselves was that General Toombs had already secured protection for the people, and that, under his masterly handiwork, the rights of property and the rights of the people were safe.

When the convention had concluded its labors, General Toombs went before the people and threw himself with enthusiasm into the canvass. He took the stump, and everywhere his voice was heard in favor of the adoption of the new organic law. Many of the officers whose term had been cut off, and whose salaries had been reduced, appeared against the constitution. General Toombs declared that those public men who did not approve of the lower salaries might "pour them back in the jug." This homely phrase became a by-word in the canvass. It had its origin in this way: In the Creek war, in which "Capt. Robert A. Toombs" commanded a company made up of volunteers from Wilkes, Elbert, and Lincoln counties, a negro named Kinch went along as whisky sutler. As he served out the liquor, some of the soldiers complained of the price he asked. His answer was, "Well, sir, if you don't like it, sir, pour it back in the jug."