When the time came for the election of delegates to the Provisional Congress at Montgomery, Robert Toombs was unanimously selected as the first deputy from the State at large. His colleague, Howell Cobb, was chosen on the third ballot. The district selected Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, B. H. Hill, A. R. Wright, Thomas R. R. Cobb, A. H. Kennan, and A. H. Stephens.

The address to the people of Georgia adopted by this convention, was written by Mr. Toombs. It recited that "our people are still attached to the Union from habit, national tradition, and aversion to change." The address alluded to our "Northern Confederates" and declared that the issue had been "deliberately forced by the North and deliberately accepted by the South. We refuse to submit to the verdict of the North, and in vindication we offer the Constitution of our country. The people of Georgia have always been willing to stand by this compact; but they know the value of parchment rights in treacherous hands." The report charged that the North had outlawed three thousand millions of our property, put it under a ban, and would subject us, not only to a loss of our property, but to destruction of our homes and firesides. It concludes: "To avoid these evils, we withdraw the powers that our fathers delegated to the government of the United States, and henceforth seek new safeguards for our liberty, security, and tranquillity."

On the 4th of February, 1861, forty-two delegates met at Montgomery, Ala. The States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South Carolina were represented. Howell Cobb of Georgia was chosen President of the Provisional Congress. Mr. Stephens said it was the most intellectual body of men he had ever seen. One of the first duties of this convention was to elect a President and vice president of the new Confederacy. All eyes were turned to Robert Toombs. It was by common consent agreed that Georgia, owing to her commanding position, her prominence in the movement, and her wealth of great men, should furnish the President. Toombs towered even above the members of that convention. Bold, imperious, and brainy, he had guided the revolution without haste or heat, and his conservative course in the Georgia convention had silenced those critics who had called him "the genius of the revolution," but denied to him the constructive power to build upon the ruins he had made. He had, in the choice of delegates to the Provisional Congress, boldly advocated the election of Mr. Stephens from his own district, although the latter was a Union man and, at that time, was not on good terms with Toombs. Toombs declared that Alexander Stephens was a patriot notwithstanding his views against secession. He had secured the recommitment of a dangerous resolution upon slavery which, he declared, would injure the South by the announcement of an ultra policy. He had written a very conservative letter to Senator Crittenden. He had been a prominent Secessionist, and had contemplated the movement as unavoidable when men were talking with bated breath. But in the opening of the revolution, he had proven a safe counselor. Mr. Toombs was approached, and announced that he would accept the presidency if it were offered with unanimity. He was surprised to learn that the delegates from four States had agreed on Jefferson Davis. When this report was confirmed, Mr. Toombs, ignorant of the real cause of this sudden change of sentiment, forbade further canvass of his own claims, and cordially seconded the nomination of Mr. Davis. Mr. Toombs was a man of rare magnanimity. He was absolutely without envy or resentment, and turning to Mr. Stephens, pressed him to accept second place on the ticket. The announcement of a Georgian for vice president effectually disposed of his own chance for the presidency. The fact was that Mr. Toombs was the first choice of Georgia, as he was thought to be of Florida, Carolina, and Louisiana. Jefferson Davis had not been presented by Mississippi. He had been selected by that State as the commander-in-chief of the military forces and himself preferred a military station. He was not in Montgomery when his nomination was confirmed. A messenger had to be dispatched to inform him of his election as President of the Confederate States of America.

The sudden selection of Mr. Davis by four States probably carries a bit of secret history. Old party antagonisms arose at the last moment to confront the candidacy of Mr. Toombs. Toombs had summarily left the Whig party in 1850, to join the great Constitutional Union movement. Jefferson Davis had always been a States' Rights Democrat, and had been defeated for Governor of Mississippi by the Constitutional Union party. Thus it would seem that, at the eleventh hour, party lines were drawn against Robert Toombs, and his boast that he had saved the Union in 1850 probably cost him the presidency of the new republic. There was a story, credited in some quarters, that Mr. Toombs' convivial conduct at a dinner party in Montgomery estranged from him some of the more conservative delegates, who did not realize that a man like Toombs had versatile and reserved powers, and that Toombs at the banquet board was another sort of a man from Toombs in a deliberative body.

At all events, the recognized leader of the Confederacy was set aside, and with rare unanimity the election of officers was accepted with unselfish patriotism.

At that time a curious and remarkable incident in the life of Mr. Toombs was related. Within thirty days he had performed journeys to the extent of fifteen hundred miles, largely by private conveyance, and during that brief period he served under four distinct governments: as senator in the Congress of the United States, as delegate from his native county (Wilkes) to the convention of the sovereign republic of Georgia, as deputy from his State to the Congress of seceding States, which instituted a Provisional Government, and finally in the permanent government which he aided in framing for the Confederate States of America.

In the perfection of a permanent government and the new-molding of a Constitution, Mr. Toombs was now diligently engaged. The principal changes brought about by him may be briefly recalled. It was specified, in order to cut off lobby agents, that Congress should grant no extra compensation to any contractor after the service was rendered. This item originated with Mr. Toombs, who had noted the abuses in the Federal Government. Congress was authorized to grant to the principal officer of each of the executive departments a seat upon the floor of either house, without a vote, but with the privilege of discussing any measure relating to his department. This was an old idea of Mr. Toombs, and during his visit abroad, he had attended sessions of the British Parliament in company with Mr. Buchanan, then Minister to England. He had been impressed with the value of the presence in Parliament of the Ministers themselves. During a debate in the United States Senate in 1859, Mr. Toombs had said: "My own opinion is that it would be a great improvement on our system if the Cabinet officers should be on the floor of both Houses, and should participate in the debate; I have no doubt that we should thus get rid of one of the greatest difficulties in our Constitution."

Mr. Toombs also incorporated into the organic law a prohibition of the payment of bounties and of the internal improvement system. There was a tax upon navigation for harbors, buoys, and beacons, but this was adjusted upon the Toombs principle of taxing the interest for which the burden was levied. Mr. Toombs was made chairman of the Finance Committee of the Provisional Congress. This appointment was received with general satisfaction. His long legislative experience, his genius for finance, and his executive power, fitted him for this position. To provide ways and means for the new nation which was, as yet, without resources or a system of taxation, involved no little difficulty. It was important that the young Confederacy should exhibit resources sufficient to equip her armies and maintain herself before she could sue for independence or foreign recognition. It was for these admitted qualities of Mr. Toombs for details and management, that President Davis preferred him to take the position of Secretary of the Treasury. Next to the presidency this was his real place, but it was suggested that a man like Toombs deserved the first position in the new Cabinet. A telegram from President Davis, offering him the portfolio of Secretary of State, reached Mr. Toombs in Augusta. He at first declined, but being urged by Mr. Stephens, finally consented to serve. The Cabinet was then made up as follows. Robert Toombs of Georgia, Secretary of State; C. G. Memminger of South Carolina, Secretary of the Treasury; L. P. Walker of Alabama, Secretary of War; J. H. Reagan of Texas, Postmaster-General; J. P. Benjamin of Louisiana, Attorney-General; S. B. Mallory of Florida, Secretary of the Navy.