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The Confederate Government is Established

© Craig E. Hutchison

Southern political leaders knew that the seceding states would not be able to exist without some form of federal organization. The creation of a new government became an urgent necessity, and delegates of the first six Southern republics met at Montgomery, Alabama on February 4, 1861 to discuss just how such a government should be organized.

A provisional Constitution was drawn up by the convention. Not surprisingly, states rights principles were a huge part of the document. Interestingly, though, broad powers were given to the executive branch of the government and to the unicameral congress. The Montgomery delegates were careful to provide adequate means of taxation and a means of raising and supporting military forces. Some concession was made to international opinion on slavery in order to facilitate the possibility of foreign aide in the future. The foreign slave trade was prohibited, but the possible admission of free states was not. The constitution contained provisions for regulation of commerce and freedom of navigation. Ironically, the new constitution borrowed most of its phrases from the United States Constitution.

For the presidency, it was determined that someone between extremes was needed as well as a man of experience and reputation. Jefferson Davis of Mississippi received the nomination and was unanimously elected President by the Congress on February 9, 1861. While Congress started working on initial legislation, Davis worked on building his cabinet, establishing the government, finding money, and preparing for war. Davis formed a three-member commission to visit Washington and discuss matters of peaceful separation from the United States. Davis wrote Lincoln a conciliatory letter, introducing one of the commissioners and expressing hope for "friendly ties" between North and South. Davis had few illusions about this possibility, however, and he asked Congress to permit the mobilization of troops and for funds to pay for equipment and sea forces. All matters of defense were to be under national control.

Historians have had much to say about Davis and his government. Davis had virtues that were impressive: a dogged determination, a limitless capacity for hard work, knowledge of constitutional detail, military experience, and an unswerving loyalty to friends. Unfortunately, some of these virtues were carried to damaging excess, he dabbled in military matters at the wrong time, and his loyalties were extended to friends that were incompetents. The historical judgment that has been laid at the cabinet's feet has been even less flattering. Many historians have condemned the Davis cabinet as a bunch of mediocre officials. This may be too harsh as they were forced to improvise, patch, and experiment as they went along. And the fact that they did enough to sustain a war for four years certainly says something.