The Congress speedily organized a provisional Government for the Confederate States of America. The Constitution of the United States, rather hastily reconsidered, became with a few inevitable alterations the Constitution of the Confederacy.* Davis was unanimously elected President; Stephens, Vice-President.
Provision was made for raising an army. Commissioners were dispatched to Washington to negotiate a treaty with the United States; other commissioners were sent to Virginia to attempt to withdraw that great commonwealth from the Union.
* To the observer of a later age this document appears a thing of haste. Like the framers of the Constitution of 1787, who omitted from their document some principles which they took for granted, the framers of 1861 left unstated their most distinctive views.
The basal idea upon which the revolution proceeded, the right of secession, is not to be found in the new Constitution. Though the preamble declares that the States are acting in their sovereign and independent character, the new Confederation is declared "permanent." In the body of the document are provisions similar to those in the Federal Constitution enabling a majority of two-thirds of the States to amend at their pleasure, thus imposing their will upon the minority. With three notable exceptions the new Constitution, subsequent to the preamble, does little more than restate the Constitution of 1787 rearranged so as to include those basal principles of the English law added to the earlier Constitution by the first eight amendments. The three exceptions are the prohibitions (1) of the payment of bounties, (2) of the levying of duties to promote any one form of industry, and (3) of appropriations for internal improvements. Here was a monument to the battle over these matters in the Federal Congress. As to the mechanism of the new Government it was the same as the old except for a few changes of detail. The presidential term was lengthened to six years and the President was forbidden to succeed himself. The President was given the power to veto items in appropriation bills. The African slave-trade was prohibited.
The upper South was thus placed in a painful situation. Its sympathies were with the seceding States. Most of its people felt also that if coercion was attempted, the issue would become for Virginia and North Carolina, no less than for South Carolina and Alabama, simply a matter of self-preservation. As early as January, in the exciting days when Floyd's resignation was being interpreted as a call to arms, the Virginia Legislature had resolved that it would not consent to the coercion of a seceding State. In May the Speaker of the North Carolina Legislature assured a commissioner from Georgia that North Carolina would never consent to the movement of troops "from or across" the State to attack a seceding State. But neither Virginia nor North Carolina in this second stage of the movement wanted to secede.
They wanted to preserve the Union, but along with the Union they wanted the principle of local autonomy. It was a period of tense anxiety in those States of the upper South. The frame of mind of the men who loved the Union but who loved equally their own States and were firm for local autonomy is summed up in a letter in which Mrs. Robert E. Lee describes the anguish of her husband as he confronted the possibility of a divided country.
The real tragedy of the time lay in the failure of the advocates of these two great principles--each so necessary to a far-flung democratic country in a world of great powers!--the failure to coordinate them so as to insure freedom at home and strength abroad. The principle for which Lincoln stood has saved Americans in the Great War from playing such a trembling part as that of Holland. The principle which seemed to Lee even more essential, which did not perish at Appomattox but was transformed and not destroyed, is what has kept us from becoming a western Prussia.
And yet if only it had been possible to coordinate the two without the price of war! It was not possible because of the stored up bitterness of a quarter century of recrimination. But Virginia made a last desperate attempt to preserve the Union by calling the Peace Convention. It assembled at Washington the day the Confederate Congress met at Montgomery. Though twenty-one States sent delegates, it was no more able to effect a working scheme of compromise than was the House committee of thirty-three or the Senate committee of thirteen, both of which had striven, had failed, and had gone their ways to a place in the great company of historic futilities.
And so the Peace Convention came and went, and there was no consolation for the troubled men of the upper South who did not want to secede but were resolved not to abandon local autonomy.
Virginia was the key to the situation. If Virginia could be forced into secession, the rest of the upper South would inevitably follow. Therefore a Virginia hothead, Roger A. Pryor, being in Charleston in those wavering days, poured out his heart in fiery words, urging a Charleston crowd to precipitate war, in the certainty that Virginia would then have to come to their aid.
When at last Sumter was fired upon and Lincoln called for volunteers, the second stage of the secession movement ended in a thunderclap. The third period was occupied by the second group of secessions: Virginia on the 17th of April, North Carolina and Arkansas during May, Tennessee early in June.
Sumter was the turning-point. The boom of the first cannon trained on the island fortress deserves all the rhetoric it has inspired. Who was immediately responsible for that firing which was destiny? Ultimate responsibility is not upon any person. War had to be. If Sumter had not been the starting-point, some other would have been found. Nevertheless the question of immediate responsibility, of whose word it was that served as the signal to begin, has produced an historic controversy.
