Provisional Constitution of the Confederate States | |
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Overview | |
Jurisdiction | Confederate States of America |
Created | February 8, 1861 |
Date effective | February 8, 1861 |
Government structure | |
Branches | 3 |
Chambers | Unicameral |
Executive | President |
Judiciary | Supreme, Districts |
History | |
First legislature | February 8, 1862 |
First executive | February 18, 1861 |
Amendments | 1 |
Last amended | May 21, 1861 |
Location | American Civil War Museum, Richmond, Virginia, U.S. |
Author(s) | Christopher Memminger et al. |
Signatories | 50 of the 50 delegates to the Montgomery Convention |
The Provisional Constitution of the Confederate States, formally the Constitution for the Provisional Government of the Confederate States of America, was an agreement among all seven original states in the Confederate States of America that served as its first constitution. Its drafting by a committee of twelve appointed by the Provisional Congress began on February 5, 1861. The Provisional Constitution was formally adopted on February 8. [1] Government under this constitution was superseded by the new Constitution of the Confederate States with a permanent form of government "organized on the principles of the United States" on February 22, 1862. [2]
On February 4, 1861, in Montgomery, Alabama, deputies to a "Congress of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana" met to set about creating a new form of government based on that of the United States. [1] : p. 1 Their efforts resulted in, among other achievements, the drafting of a provisional constitution for what came to be known as the Confederate States of America. [3] : 60
Before the congress could accomplish anything, it required a set of guidelines to follow. On February 5, Christopher Memminger proposed the creation of a Committee of Thirteen to draft a provisional constitution to grant congressional power to the convention. Thomas Cobb, of Georgia, moved for the committee to be twelve, with two members from each state delegation. The Convention settled on the latter by nominating Memminger and Robert Barnwell from South Carolina, William Barry and Wiley Harris from Mississippi, James Anderson and James Owens from Florida, Richard Walker and Robert Smith from Alabama, Alexander Stephens and Eugenius Nisbet from Georgia, and John Perkins and Duncan Kenner from Louisiana to the Committee of Twelve. The committee elected Memminger, who had arrived at the convention with a draft already prepared, as their chair. [3] [4]
All committee members were well educated and had extensive legislative experience. The necessity of a constitution made them work with considerable speed and report to the convention on February 7. Copies were then made and distributed to the convention's members, who spent relatively little time on debate. The key changes to the committee's draft were an inclusion of the phrase "Invoking the favor of Almighty God" into the preamble, the addition of an executive line-item veto, a removal of a congressional restriction of 15% on import tariffs, and the combination of the circuit and district court systems into one district system in which each state comprised one district. The Provisional Constitution was then unanimously ratified around midnight on February 8, 1861. It was signed by all members present at noon on the day of Jefferson Davis's inaugural address, February 18, 1861. There are 50 signatures in all, including those of the Texas delegation who were admitted on March 2. [3] : pp. 61–67, 80–81 The Provisional Constitution was replaced after the ratification of the permanent Constitution of the Confederate States of America, on March 11, 1861. [5]
Since the framers of the Provisional Constitution used the US Constitution as a basis for their own, there are many similarities. Large sections were copied without any change, and others had only cosmetic changes (such as replacing "United States" with "Confederate States" or "Confederacy"). There were also several noticeable differences, including the aforementioned changes, as well as a clause to allow Congress to use a two-thirds vote to declare the president unable to perform his duties. Article IV permitted Congress to amend the constitution with another two-thirds vote, and Article VI granted Congress the power to admit other states into the confederacy. In its haste, the Committee of Twelve neglected to include important features such as a ratification process and decided to omit any mention of controversial issues regarding slavery and tariffs, issues that were to be decided in the permanent constitution. [3] : pp. 69–72
However, the most significant difference from the US Constitution was that under the Provisional Constitution, the Provisional Confederate Congress was a unicameral legislature, with only one chamber, and voting was by states. That was changed to the more-familiar bicameral legislature in the permanent constitution, with senators and representatives voting individually.
Slavery was dealt with very briefly in the Provisional Constitution. Since the Provisional Constitution did not provide for a House of Representatives, the section dealing with how slaves should be counted for census purposes was omitted. Article I, Section 7, of the Provisional Constitution outlawed the overseas slave trade but allowed importation from the slaveholding US states. However, Congress could ban importation of slaves from "any State not a member of this Confederacy." That differs from the US Constitution in which Article I, Section 9 allows but does not require a ban on the "Migration or Importation of such Persons as any of the States now existing shall think proper to admit" effective January 1, 1808. Article IV, Section 2, of the Provisional Constitution required the return of escaped slaves, similarly to that in the US Constitution. It differed by specifying who shall return the slaves ("the executive authority" of the state) and adding a requirement of financial compensation equal to the "value of the slave and all costs and expenses" in the case of "abduction or rescue" of the fugitive slave. Unlike the US Constitution, the Confederate Provisional Constitution dispensed with the euphemistic phraseology of "other persons," "such persons," and "Person held to Service or Labour in one State" and forthrightly referred to them as "slaves" and "negroes." [1] : p. 3
Slavery would be additionally addressed in the Permanent Constitution. In addition to outlawing the slave trade and requiring the return of fugitive slaves, the Permanent Constitution omitted the requirement of financial compensation for slaves abducted or rescued or the specification that the states "executive authority" was responsible for the return, prevented Congress from passing any law "denying or impairing the right of property in negro slaves;" guaranteed the right of "transit and sojourn... with their slaves and other property;" required any Confederate territory to allow "the institution of negro slavery, as it now exists in the Confederate States"; and restored the Three-Fifths Clause for allocating representatives and direct taxes. [1] : p. 15
In his inaugural address, President Jefferson Davis said: "We have changed the constituent parts but not the system of government. The Constitution framed by our fathers is that of these Confederate States." It differed "only from that of our fathers insofar as it is explanatory of their well-known intent...." [6] Some scholars agree with Davis that the Provisional Constitution sought to clarify many of the ambiguities of the US Constitution. The language of the former leads most historians to view the Provisional Constitution as emphasizing federalism over a consolidated, centralized federal government. For instance, in its preamble, "We the people" was replaced with "We, the deputies of the sovereign and independent States,...." Words such as "delegated" and "expressly granted" were also used to de-emphasize the power of the federal government and to underscore that the Confederacy was a league of states rather than a single homogeneity: the sovereign power resided within a framework that was "bottom-up," not "top-down." [3] : p. 68
The signers and the states they represented were:
The Confederate States of America (CSA), commonly referred to as the Confederate States (C.S.), the Confederacy, or the South, was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confederacy comprised eleven U.S. states that declared secession and warred against the United States during the American Civil War. The states were South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, Tennessee, and North Carolina.
The Constitution of the Confederate States was the supreme law of the Confederate States of America. It superseded the Provisional Constitution of the Confederate States, the nation's first constitution, in 1862. It remained in effect until the end of the American Civil War in 1865.
The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America during the American Civil War (1861–1865), fighting against the United States forces to win the independence of the Southern states and uphold and expand the institution of slavery. On February 28, 1861, the Provisional Confederate Congress established a provisional volunteer army and gave control over military operations and authority for mustering state forces and volunteers to the newly chosen Confederate president, Jefferson Davis. Davis was a graduate of the U.S. Military Academy, and colonel of a volunteer regiment during the Mexican–American War. He had also been a United States senator from Mississippi and U.S. Secretary of War under President Franklin Pierce. On March 1, 1861, on behalf of the Confederate government, Davis assumed control of the military situation at Charleston, South Carolina, where South Carolina state militia besieged Fort Sumter in Charleston harbor, held by a small U.S. Army garrison. By March 1861, the Provisional Confederate Congress expanded the provisional forces and established a more permanent Confederate States Army.
Alexander Hamilton Stephens was an American politician who served as the first and sole vice president of the Confederate States from 1861 to 1865, and later as the 50th governor of Georgia from 1882 until his death in 1883. A member of the Democratic Party, he represented the state of Georgia in the United States House of Representatives before and after the Civil War.
In the context of the American Civil War (1861–65), the border states were slave states that did not secede from the Union. They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia. To their north they bordered free states of the Union, and all but Delaware bordered slave states of the Confederacy to their south.
Robert Woodward Barnwell was an American slave owner, planter, lawyer, and educator from South Carolina who served as a Senator in both the United States Senate and that of the Confederate States of America. Barnwell was a public defender of slavery and secession; he personally owned at least 128 enslaved persons.
Arizona Territory, colloquially referred to as Confederate Arizona, was an organized incorporated territory of the Confederate States of America that existed from August 1, 1861, to May 26, 1865, when the Confederate States Army Trans-Mississippi Department, commanded by General Edmund Kirby Smith, surrendered at Shreveport, Louisiana. However, after the Battle of Glorieta Pass, the Confederates had to retreat from the territory, and by July 1862, effective Confederate control of the territory had ended. Delegates to the secession convention had voted in March 1861 to secede from the New Mexico Territory and the Union, and seek to join the Confederacy. It consisted of the portion of the New Mexico Territory south of the 34th parallel, including parts of the modern states of New Mexico and Arizona. The capital was Mesilla, along the southern border. The breakaway region overlapped Arizona Territory, established by the Union government in February 1863.
The president of the Confederate States was the head of state and head of government of the Confederate States. The president was the chief executive of the federal government and was the commander-in-chief of the Confederate Army and the Confederate Navy.
Howell Cobb was an American and later Confederate political figure. A southern Democrat, Cobb was a five-term member of the United States House of Representatives and the speaker of the House from 1849 to 1851. He also served as the 40th governor of Georgia (1851–1853) and as a secretary of the treasury under President James Buchanan (1857–1860).
The Confederate States Congress was both the provisional and permanent legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned with measures to establish a new national government for the Southern proto-state, and to prosecute a war that had to be sustained throughout the existence of the Confederacy. At first, it met as a provisional congress both in Montgomery, Alabama, and Richmond, Virginia. As was the case for the provisional Congress after it moved to Richmond, the permanent Congress met in the existing Virginia State Capitol, a building which it shared with the secessionist Virginia General Assembly.
The Provisional Congress of the Confederate States, also known as the Provisional Congress of the Confederate States of America, was a unicameral congress of deputies and delegates called together from the Southern States which became the governing body of the Provisional Government of the Confederate States from February 4, 1861, to February 17, 1862. It sat in Montgomery, Alabama, until May 21, 1861, when it adjourned to meet in Richmond, Virginia, on July 20, 1861. In both cities, it met in the existing state capitols which it shared with the respective secessionist state legislatures. It added new members as other states seceded from the Union and directed the election on November 6, 1861, at which a permanent government was elected.
Christopher Gustavus Memminger was a German-born American politician and a secessionist who participated in the formation of the Confederate States government. He was the principal author of the Provisional Constitution (1861), as well as the founder of the Confederate financial system. As the first Confederate States Secretary of the Treasury, Memminger was the principal author of the economic policies of Jefferson Davis's administration.
Robert Barnwell Rhett was an American politician who served as a deputy from South Carolina to the Provisional Confederate States Congress from 1861 to 1862, a member of the US House of Representatives from South Carolina from 1837 to 1849, and US Senator from South Carolina from 1850 to 1852. As a staunch supporter of slavery and an early advocate of secession, he was a "Fire-Eater", nicknamed the "father of secession".
Jackson Morton was an American politician. A member of the Whig Party, he represented Florida as a U.S. Senator from 1849 to 1855. He also served as a Deputy from Florida to the Provisional Congress of the Confederate States from 1861 to 1862.
The South Carolina Declaration of Secession, formally known as the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, was a proclamation issued on December 24, 1860, by the government of South Carolina to explain its reasons for seceding from the United States. It followed the brief Ordinance of Secession that had been issued on December 20. The declaration is a product of a convention organized by the state's government in the month following the election of Abraham Lincoln as U.S. president, where it was drafted in a committee headed by Christopher Memminger.
Alabama was central to the Civil War, with the secession convention at Montgomery, birthplace of the Confederacy, inviting other states to form a Southern Republic, during January–March 1861, and develop constitutions to legally run their own affairs. The 1861 Alabama Constitution granted citizenship to current U.S. residents, but prohibited import duties (tariffs) on foreign goods, limited a standing military, and as a final issue, opposed emancipation by any nation, but urged protection of African slaves, with trial by jury, and reserved the power to regulate or prohibit the African slave trade. The secession convention invited all slaveholding states to secede, but only 7 Cotton States of the Lower South formed the Confederacy with Alabama, while the majority of slave states were in the Union. Congress voted to protect the institution of slavery by passing the Corwin Amendment on March 4, 1861, but it was never ratified.
South Carolina was the first state to secede from the Union in December 1860, and was one of the founding member states of the Confederacy in February 1861. The bombardment of the beleaguered U.S. garrison at Fort Sumter in Charleston Harbor on April 12, 1861, is generally recognized as the first military engagement of the war. The retaking of Charleston in February 1865, and raising the flag again at Fort Sumter, was used for the Union symbol of victory.
The 1861 Confederate States presidential election of November 6, 1861, was the first and only presidential election held under the Permanent Constitution of the Confederate States of America. Jefferson Davis, who had been elected president and Alexander H. Stephens, who had been elected vice president, under the Provisional Constitution, were elected to six-year terms that would have lasted from February 22, 1862, until February 22, 1868. But, both Davis and Stephens' offices were abolished on May 5, 1865, when the Confederate government dissolved, and so were unable to finish their terms.
The Virginia Secession Convention of 1861 was called in the state capital of Richmond to determine whether Virginia would secede from the United States, govern the state during a state of emergency, and write a new Constitution for Virginia, which was subsequently voted down in a referendum under the Confederate Government.