On the 16th of January, the State Sovereignty convention met in Milledgeville, Ga. The election had taken place shortly after the delivery of Senator Toombs' farewell address, and Georgia had answered to his call in the election of delegates by giving a vote of 50,243 in favor of secession, and 39,123 against it. The convention was presided over by George W. Crawford, who had lived in retirement since the death of President Taylor in 1850, and who was called on to lend his prestige and influence in favor of the rights of his State. The convention went into secret session, and when the doors were opened, Hon. Eugenius A. Nisbet of Bibb offered a resolution, "That in the opinion of this convention, it is the right and duty of Georgia to secede from the Union." On the passage of this, the yeas were 165 and the noes 130. Mr. Toombs voted "yes," and Messrs. Hill, Johnson, and Stephens, "no." Next day the committee of seventeen, through Judge Nisbet, reported the Ordinance of Secession. It was short and pointed; it simply declared that the people of the State of Georgia, in convention assembled, repealed the ordinance of 1788, whereby the Constitution of the United States was ratified and adopted. The Union was declared dissolved, so far as the State of Georgia was concerned, and the State to be in full possession of all those rights of sovereignty that belonged to a free and independent State. On the passage of this ordinance, the yeas were 208, and the noes, 89. Messrs. Toombs and Hill "yes," and Mr. Stephens "no." At 2.15 p.m. on the 19th of January, a signal gun was fired, and the "Stars and Stripes" lowered from the State Capitol. One moment later, the white colonial flag of Georgia fluttered to the winds, and the State was in uproar. The news flashed to the utmost corners of the commonwealth. Guns were fired, bells rung, and men were beside themselves. The night only intensified this carnival of joy. There were some men who shook their heads and doubted the wisdom of this step, and there were women and little children who regarded these demonstrations with awe. They did not comprehend what was meant by "going out of the Union," and by some inscrutable instinct feared the result of such an act. The old Union sentiment was, perhaps, stronger in Georgia than in any other Southern State. Georgia was the youngest of the thirteen States, the last of the commonwealth to come into the national compact. Her charter from the Crown had originally barred slavery from her limits, but the success of the institution in Carolina, the progress of other States in subduing land and in cultivating indigo and tobacco in the Southern savannas, rendered white labor unavailable, and left Georgia a laggard in the work of the younger colonies. Finally, slaves were admitted, and commerce and agriculture seemed to thrive. But if the State had preserved its original charter restrictions, it is not certain that, even then, the Union sentiment would have prevailed. As Senator Toombs had declared: "The question of slavery moves not the people of Georgia one-half so much as the fact that you insult their rights as a community. Abolitionists are right when they say that there are thousands and tens of thousands of people in Georgia who do not own slaves. A very large portion of the people of Georgia own none of them. In the mountains there are but a few of them; but no part of our people is more loyal to race and country than our bold and hardy mountain population, and every flash of the electric wire brings me cheering news from our mountain-tops and our valleys that these sons of Georgia are excelled by none of their countrymen in loyalty to their rights, the honor and glory of the commonwealth. They say, and well say, this is our question: we want no negro equality; no negro citizenship; we want no mongrel race to degrade our own, and, as one man, they would meet you upon the border with the sword in one hand and the torch in the other. They will tell you, 'When we choose to abolish this thing (slavery), it must be done under our direction, according to our will. Our own, our native land shall determine this question, and not the Abolitionists of the North.' That is the spirit of our freemen."

The spirit of the people was plainly manifested by the zeal and ardor of Thomas R. R. Cobb. He was a young man who went into the secession movement with lofty enthusiasm. He had all the ardor and religious fervor of a crusader. He had never held public office, and had taken no hand in politics until the time came for Georgia to secede. He was the younger brother of Howell Cobb. He declared that what Mr. Stephens said was the determining sentiment of the hour, that "Georgia could make better terms out of the Union than in it." The greater part of the people was fired with this fervor, which they felt to be patriotic. Gray-bearded men vied with the hot blood of youth, and a venerable citizen of Augusta, illuminating his residence from dome to cellar, blazoned with candles this device upon his gateway—"Georgia, right or wrong—Georgia!" Never was a movement so general, so spontaneous. Those who charged the leaders of that day with precipitating their States into revolution upon a wild dream of power, did not know the spirit and the temper of the people who composed that movement. Northern men who had moved South and engaged in business, as a general thing, stood shoulder to shoulder with their Southern brethren, and went out with the companies that first responded to the call to war. The South sacrificed much, in a material point of view, in going into civil conflict. In the decade between 1850 and 1860, the wealth of the South had increased three billions of dollars, and Georgia alone had shown a growth measured by two hundred millions. Her aggregate wealth at the time she passed the Ordinance of Secession was six hundred and seventy-two millions, double what it is to-day. In one year her increase was sixty-two millions. Business of all kinds was prospering. But her people did not count the cost when they considered that their rights were invaded. Georgia was the fifth State to secede. South Carolina, Mississippi, Alabama, and Florida had preceded her. Of the six States which formed the Provisional Government, Georgia had relatively a smaller number of slaves than any, and her State debt was only a little more than two and a half millions of dollars. Her voting population was barely 100,000, but she furnished, when the test came, 120,000 soldiers to the Confederate army.

As a contemporary print of those times remarked, "The Secession convention of Georgia was not divided upon the subject of rights or wrongs, but of remedies." Senator Toombs declared that the convention had sovereign powers, "limited only by God and the right." This policy opened the way to changing the great seal and adopting a new flag. Mr. Toombs was made chairman of the committee on Foreign Relations and became at once Prime Minister of the young Republic. He offered a resolution providing that a congress of seceded States be called to meet in Montgomery on the 4th of February. He admonished the convention that, as it had destroyed one government, it was its pressing duty to build up another. It was at his request that commissioners were appointed from Georgia to the other States in the South. Mr. Toombs also introduced a resolution, which was unanimously adopted, "That the Convention highly approves the energetic and patriotic conduct of Governor Brown in seizing Fort Pulaski."

The Ordinance of Secession was, on the 31st of January, signed by all the members of the convention, in the open air, in the Capitol grounds. The scene was solemn and impressive. Six delegates entered their protests, but pledged "their lives, their fortunes, and their sacred honor" in defense of Georgia against coercion and invasion.

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.