There has always been a difference between the theory of the State
Convention at the North and at the South. At the North, barring a few
very exceptional cases, the rule has been that no action of a State
Convention is valid until confirmed by popular vote. At the South, in
obedience to the strictest application of State sovereignty, the action
of the State Convention was held to be the voice of the people of the
State, which needed no popular ratification. There was, therefore,
no remedy when the State Conventions, after passing the ordinances of
secession, went on to appoint delegates to a Confederate Congress, which
met at Montgomery, Feb. 4, 1861, adopted a provisional constitution
Feb. 8th, and elected a President and Vice-President Feb. 9th. The
conventions ratified the provisional constitution and adjourned, their
real object having been completely accomplished; and the people of
the several seceding States, by the action of their omnipotent State
Conventions, and without their having a word to say about it, found
themselves under a new government, totally irreconcilable with the
jurisdiction of the United States, and necessarily hostile to it. The
only exception was Texas, whose State Convention had been called in
a method so utterly revolutionary that it was felt to be necessary to
condone its defects by a popular vote.
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