posed a reform
which, if adopted, would have cut off much trouble in Georgia to-day.
General Toombs was an advocate of the ordinance which took the selection
of the judges and solicitors from the hands of the Governor and made
them elective by the General Assembly. A strong element in the
convention wanted the judiciary elected by the people. A member of the
convention turned to General Toombs during the debate and said; "You
dare not refuse the people this right to select their own judges." "I
dare do anything that is right," replied Toombs. "It is not a reproach
to the people to say that they are not able to do all the work of a
complex government. Government is the act of the people after all." He
reminded the convention that a new and ignorant element had been thrown
in among the people as voters. "We must not only protect ourselves
against them, but in behalf of the poor African," said he, "I would save
him from himself. These people are kind, and affectionate, but their
previous condition, whether by your fault or not, was such as to
disqualify them from exercising the right of self-government. They were
put upon us by people to make good government impossible in the South
for all time, and before God, I believe they have done it."
In answer to the argument that those States which had given the
selection of judges to the people liked it, General Toombs replied that
this did not prove that it was right or best. "It is easy to take the
road to hell, but few people ever return from it." General Toombs
prevailed in this point. He was also the author of the resolution
authorizing the legislature to levy a tax to furnish good substantial
artificial limbs to those who had lost them during the war.
General Toombs declared frequently during the debate that one of his
main objects in going to the convention, and for urging the people to
vote for the call, was to place a clause in the new law prohibiting the
policy of State aid to railroads and public enterprises. He had seen
monstrous abuses grow up under this system. He had noticed that the
railroads built by private enterprise had proven good investments; that
no railroad aided by the State had paid a dividend. He declared that
Georgia had never loaned her credit from the time when Oglethorpe landed
at Yamacraw up to 1866, and she should never do it again. He wanted this
license buried and buried forever. His policy prevailed. State aid to
railroads was prohibited; c
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