February 6, 1861; The Charleston Mercury
MONTGOMERY, February 3, 1861.
I stated to you this morning by the last mail, the Mississippi project for the organization of a Provisional Government. I propose now to state to you the Georgia project. It is this: That the Convention here shall elect a President of the Southern Confederacy. But a President without a Legislature which can create a cabinet, foreign ministers, an army and navy, and raise the money to support them, is an useless absurdity. The Georgians, therefore, propose that the Convention here assembled shall assume all legislative power, and shall be a Senate and House of Representatives together, and shall levy the taxes, create the offices, and confirm the appointments expedient for a Provisional Government, with a Provisional Constitution to last for one year. And having done this, that the Convention shall then proceed to frame the permanent Constitution for the permanent Confederacy, to be submitted to the Conventions of the several States for their ratification or adoption. This project is practical and consistent. If the Convention is to elect the President of the confederacy, there can be no good reason why they should not also create the Legislature; and by assuming to be the Legislature themselves, they have a body nearer the people than by their appointing a Legislature. The objection to the scheme is: First, That it is an usurpation of power. The Conventions that created this Convention never supposed that it was not only to frame the fundamental law of a Provisional Government, but to be a part of it themselves. If there was any pressing necessity which rendered six days more or less vital to the public welfare, it might be defended. But it is clear that without any usurpation, a Provisional Government, with a Provisional Constitution, can be put into full operation in twenty days, quite in time enough before the 4th of March. The alteration in three or four clauses of the Constitution of the United States, is quite enough for a Provisional Government. This can be done certainly in two days – say by the 7th of February. Immediately the telegraph can convey the intelligence to every President of every Convention of the seceding States in the South in two days – say the 9th. On that day the call can be made by them on the Conventions to assemble five days thereafter – say the 13th of February. On that day, or the day after, the Conventions can cast their votes for a President and Vice President of the Southern Confederacy, and appoint the Senators and Representatives to constitute the Congress. The Congress can meet eight days thereafter, count the votes for President and Vice President, and if no one has the majority, the House of Representatives can then elect him. Thus, by the 20th or 25th day of February a Provisional Government can be installed, with a Legislature competent to wield all powers necessary to carry it on. It is unnecessary, therefore, to usurp the powers proposed by the Georgia Plan. The rule ‘populi suprema Lex,’ does not apply. If it did apply, doubtless the people of all the Southern States would acquiesce in everything the Convention should do. You will see that whilst aiming at the same end, there are various expedients to attain it.