Civil War and Reconstruction in Alabama

by Walter L. Fleming

In the convention opinions varied as to whether peace or war would follow secession. The great majority of the members, and of the people also, believed that peaceful relations would continue. All truly wished for peace. A number of the coöperationists expressed themselves as fearing war, but this was when opposing secession, and they probably said more than they really believed. Yet in nearly all the speeches made in the convention there seemed to be distinguishable a feeling of fear and dread lest war should follow. However, had war been a certainty, secession would not have been delayed or checked.

There was warm discussion on the question of submitting the ordinance to the people for ratification or rejection. The coöperationists, both before and after the passage of the ordinance, favored its reference to the people in the hope that the measure would be delayed or defeated. No one expected that it would be referred to the people, but this was a good question for obstructive purposes. The minority report on secession declared that, in a matter of such vital importance, involving the lives and liberties of a whole people, the ordinance should be submitted to them for their discussion, and that secession should be attempted only after ratification by a direct vote of the people on that single issue.

Posey (c.) of Lauderdale said that his constituents expected the question of secession to be referred to the people, and that they would submit more willingly to a decision made by popular vote; that the ordinance was objectionable to them unless they were allowed to vote on it. He further stated that when the convention had refused to submit the ordinance to the popular vote, the first impulse of some of the coöperationists had been to “bolt the convention.” However, not being responsible, they preferred to remain and aid in providing for the emergencies of the future. Kimbal (c.) of Tallapoosa said that the people were the interested parties, that sovereignty was in the people, and that they ought to decide the question. Edwards (c.) of Blount said that his constituents expected the ordinance to be referred to them and had instructed him to use his best exertions to secure reference to the people. Bulger (c.) of Tallapoosa voted against all propositions looking toward secession without reference to the people. Davis (c.) of Madison denied the sovereignty of the convention. He said that the vote of the people might be one way and that of the convention another. He believed that the majority in convention represented a minority of the people.

In closing the debate on this subject, Yancey (s.) of Montgomery said that, as a measure of policy, to submit the ordinance to a vote of the people was wrong. The convention was clothed with all the powers of the people; it was the people acting in their sovereign capacity; the government was not a pure democracy, but a government of the people, though not by the people. Historically the convention was the supreme power in American political theory, and submission to the people was a new doctrine. If the ordinance should be submitted to the people, the friends of secession would triumph, but irritation and prejudice would be aroused. Yancey’s views prevailed.

Establishing the Confederacy

A number of the coöperationists professed to believe that secession would result in disintegration and anarchy in the South. The secessionists were accused of desiring to tear down, not to build up. These assertions were, in fact, unfounded, since, during the entire debate, those favoring immediate secession stated plainly that they expected to reunite with the other southern states after secession. Williamson (s.) of Lowndes said that to declare to the world that they were not ready to unite with the other slave states in a permanent government would be to act in bad faith and subject themselves to contempt and scorn; united action was necessary; financial and commercial affairs were in a deplorable condition; confidence was lost, and in the business world all was gloom and despair—this could be remedied only by a permanent government. Whatley (s.) of Calhoun was unwilling for it to be said by posterity that they tore down the old government and failed to reconstruct a new; the cotton states should establish a government modelled on the Federal Union.

In accordance with these views the ordinance of secession proposed a convention of southern states, and a few days later a resolution was passed approving the suggestion of South Carolina to form a provisional government upon the plan of the old Union and to prepare for a permanent government. Each state was to send as many delegates to the convention on February 4 as it had had senators and representatives in Congress. The Alabama convention (January 16) elected one deputy from each congressional district and two from the state at large, most of them being coöperationists or moderate secessionists.

Yancey, on January 16, read a unanimous report from the Committee on Secession in favor of forming a provisional confederate government at once. The report also stated that the people of Alabama had never been dissatisfied with the Constitution of the United States; that their dissatisfaction had been with the conduct of the northern people in violating the Constitution and in dangerous misinterpretation of it, causing the belief that, while acting through the forms of government, they intended to destroy the rights of the South. The Federal Constitution, the report declared, represented a complete scheme of government, capable of being put into speedy operation, and was so familiar to the people that when properly interpreted they would feel safe under it. A speedy confederation of the seceded states was desirable, and there was no better basis than the United States Constitution. The report recommended the formation, first, of a provisional, and later, of a permanent, government. The secessionists warmly advocated the speedy formation of a new confederacy. The coöperationists renewed their policy of obstruction. Jemison (c.) of Tuscaloosa proposed to strike out the part of the resolution relating to the formation of a permanent government. Another coöperationist wanted delay in order that the border states might have time to take part in forming the proposed government. Others wanted the people to elect a new convention to act on the question. Yancey replied that delay was dangerous, if coercion was intended by the North; that the issue had been before the people and that they had invested their delegates with full power; that the convention then in session had ample authority to settle all questions concerning a provisional or a permanent government; that another election would only cause irritation; that delay, waiting for the secession of the border states, would be suicidal. The proposition for a new convention was lost by a vote of 53 to 36.

The convention decided to continue the work until the end. After choosing delegates (January 16) to the southern convention, which was to meet in Montgomery on February 4, the state convention adjourned until the Confederate provisional government was planned and the permanent constitution written. Then the state convention met again on March 4 to ratify them. The coöperationists now proposed that the new plan of government be submitted to the people. It was right and expedient, they said, to let the people decide. Morgan[53] (s.) of Dallas said that the proposition for ratification by direct vote of the people was absurd. The people would never ratify, for too many unrelated questions would be brought in. Dargan (s.) of Mobile said that the people had conferred upon the convention full powers to act, and that a new election would harass the candidates with new issues such as the slave trade, reconstruction, etc., introduced by the opponents of secession. Stone (s.) of Pickens thought that a new election would cause angry and bitter discussions, wrangling, distrust, and division among the people; that the proposed constitution was very like the United States Constitution, to which the people were so devoted that they had given up the Union rather than the Constitution; that Lincoln’s inaugural address was a declaration of war, and a permanent government was necessary to raise money for armies and fleets. Still the coöperationists obstructed, saying that not to refer to the people was unfair and illiberal; that the convention was usurping the powers of the people, who desired to be heard in the matter; that government by a few was like a house built on the sand; that there was no danger in waiting, for the people would be sure to ratify and then would be better satisfied, etc. Finally most of the coöperationists agreed that it would be better not to refer the question to the people and the permanent Confederate constitution was ratified on March 12 by the vote of 87 to 5.[54]