CHAPTER XX

CIVIL GOVERNMENT OF THE CONFEDERATE STATES

THE most remarkable inauguration of a new government, with all its complicated machinery in working order, that the world has ever known was the formation of the Confederate States of America. The government sprang into existence full fledged and equipped for battle. There was no confusion, little debate. The framers of the constitutions, both provisional and permanent, were skilled in the art of government, learned in the history and meaning of the constitution of the country of which they and their ancestors had so long been a part, and knew the theory of a government by the people, of the people, and for the people; they believed in that theory as a practical and simple government.

Secession from one governmental compact logically included the formation of another for the common defence, and to its formation the best minds of the South were brought. The history of the Constitution of the United States and of its meaning as it was understood by its framers, as it was understood by the statesmen of the Southern States, was traced in the opening chapter of this history. The existence of slavery at the time of the Declaration of Independence, its gradual disappearance from the Northern States "by the operation of social, economic, and natural laws," and the final decision of the North to destroy it because "its continuance threatened not only their industrial independence, but their political importance," needs

no further reference here. When the years of gradually increasing estrangement led to angry strife, and the crisis came, secession and the new government followed speedily. South Carolina first made official declaration of the causes which it believed justified secession. Georgia recited the attachment of its people to the Union from "habit, national tradition and aversion to change," and stated the willingness of its people to abide by the original compact. These, and all the other Southern States withdrew from the Union to save the principles of the Constitution, not to destroy them. From the beginning of the government the Southern States had tried to keep all legislation within the orbit prescribed by the Constitution, and had failed. For selfish and sectional purposes the Constitution had been so abrogated that the numerically weaker section of the country could have no peace or liberty except through independence. Throughout the war, no less than after it, the seceded States were treated in a contradictory manner-sometimes as being in the Union, sometimes as being out of the Union; now as States and again as conquered territory. They were forced to ratify amendments, and then refused the exercise of their rights as States. Sometimes representation was accorded them, sometimes refused. All this was in line with the treatment of many years leading up to the war, intended to force upon them radical changes in matters over which only the States had rightful control.

South Carolina's secession of the 20th of December, 1860, was followed by the secession of Florida, Mississippi, Alabama, Louisiana, and Georgia in January, 1861. In the South Carolina convention a resolution was adopted December 27th, by which the people of the Southern States were invited to select delegates to a convention to be held in Montgomery on February 4, 1861, to consult "as to the most effectual mode of securing concerted and harmonious action in whatever measures may be deemed most desirable for the common peace and security." The Alabama Convention emphasized the invitation and to further the cause

of Southern independence, the Alabama legislature appropriated the sum of $500,000.

In the State Capitol at Montgomery then, on February 4, 1861, met the delegates from six States as a Convention of Deputies. It was a quiet, orderly, dignified assembly, with a deep sense of responsibility, come together as the representatives of sovereign States. The first work was to prepare a provisional constitution. Their action was prompt though deliberate and conservative, and the new government was established in accordance with what had been claimed as the meaning of the Constitution of the United States since the formation of the Federal Union. The discussions were able, patriotic, and unselfish. The provisional government was established and came into being almost as by magic. The delegates were of the same mind. In seceding, their States had prescribed conditions and restrictions as to general conformity with the Constitution of the United States, with which all were familiar. The agreement with that document was marked, and was purposed, it being the intention to adopt every part of it which the Southern people approved, and to depart from it only where the meaning of its language had been disputed. The Provisional Constitution was adopted February 8th, to continue in force for one year unless earlier superseded by a permanent organization. Such changes were also incorporated in the Provisional Constitution as were made necessary by giving the legislative power into the hands of a single body.

On the day following the adoption of the Provisional Constitution, Jefferson Davis was elected president and Alexander H. Stephens vice-president, and within a few days after their inauguration, February 18th, the six Cabinet officers were appointed, viz: Robert Toombs, of Georgia, secretary of state; Stephen R. Mallory, of Florida, secretary of the navy; Judah P. Benjamin, of Louisiana, attorney-general; John H. Reagan, of Texas, postmastergeneral; C. G. M mminger, of South Carolina, secretary of the treasury, and L. P. Walker, of Alabama, secretary of

war. The departments organized, they proceeded with the work of preparing for war as smoothly and as systematically as if the government had been long established. There was no halting, no hesitation. The Cabinet was made up of men who had studied statecraft and knew it. While the majority of them believed that the South would be allowed to depart without coercion, Mr. Davis had never so believed, and he deemed it an imperative duty to prepare for the coming conflict.

There were few new laws enacted by the Provisional Confederate Congress. All the early legislation, and much of it was necessary, had in view the adaptation of the newly formed government to its environments, the prevention of friction and inconvenience arising from the suspension of existent relations with the United States, and the supply of such equipments as should be necessary. Agents were sent abroad and to the North, to prepare as far as preparation could be made, for the contingency of armed resistance. And while all this business was being expedited, preparations were also under way for the installation of a permanent government to take the place of the transient government primarily formed. All the time that could be spared was devoted to the consideration of a permanent Constitution to be submitted to the States for ratification or rejection. The committee to form a permanent Constitution had been appointed on the day when the president and vice-president had been elected, and this committee was composed of two members from each of the States represented. The committee remained in continuous session, and on the 26th of February submitted its report. The Constitution prepared by them was unanimously adopted March 11, 1861.

Again the model had been taken from the Constitution under which they had heretofore lived, on which they had relied, and in which they made only such changes as would indubitably explain its intent and remedy the evils by which secession had been provoked. The object in view was the reformation and rejuvenation of the Union that