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Okla-homey
3/11/2007, 07:41 AM
Mar 11, 1861: Confederate constitution adopted

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146 years ago today, in Montgomery, Alabama, delegates from South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas adopt the Permanent Constitution of the Confederate States of America.

You can read the whole thing here:
http://www.usconstitution.net/csa.html

The constitution resembled the Constitution of the United States, even repeating much of its language, but was actually more comparable to the old and fatally impractical Articles of Confederation--the initial post-Revolutionary War U.S. constitution--in its delegation of extensive powers to the states.

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The constitution also contained substantial differences from the US Constitution in its expressed protection of slavery, which was "recognized and protected" in slave states and territories.


Confederate Constitution, Article IV, Section 2: The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

This part allayed fears that new Confederate territories might somehow become admitted to the CSA as "free states."


Confederate Constitution, Article IV, Section 3: The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several Sates; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the Territorial government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.

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However, in congruence with US policy since the beginning of the 19th century, the foreign slave trade was prohibited. The CS constitution provided for six-year terms for the president and vice president, and the president was ineligible for successive terms.

Lest any doubt remain, the Confederacy was first and foremost about the preservation of human chattel slavery. Take a look at this Southern cartoon of "The Great Emancipator," Our "Good Father Abraham" and among our very greatest presidents as he drafted the Emancipation Proclamation.

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In this very popular Cornfederate political cartoon, President Lincoln's foot rests on a bound copy of the Constitution and the devil's inkpot furnishes ink for his writing of the proclamation freeing slaves in the rebellious states. On the wall hangs a portrait of John Brown, labeled "St. Ossawotomie," and a depiction of rioting and bloodshed in "St. Domingo" following the abolition of slavery there.

Although a presidential line-item veto was granted, the power of the central Confederate government was sharply limited by its dependence on state consent for the use of any funds and resources. It's worth noting that US laws attempting to grant the president a line-item veto have been deemed unconstitutional by the SCOTUS because under the US Constitution, the president can't "cherry-pick" the parts of a law he likes and discard the parts he doesn't.


Confederate Constitution, Article I, Section 7: The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

Instead, the US president's choices are precisely two in number; he can sign an appropriations bill, or veto it in its entirety. He can't "line-out" the parts he doesn't like because that would be the equivalent of law making by the White House, and only Congress can do that under our system -- which ironically, helps protect the power of states whose representatives in Congress make our federal laws and decide how to spend federal dinero.

Although Britain and France both briefly considered entering the Civil War on the side of the South, the Confederate States of America, which survived until April 1865, never won foreign recognition as an independent government. Historians are generally in agreement that the existence and dogged defense of the institution of slavery by the CS is almost certainly why Britain refused to recognize the CS government.

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As a somewhat interesting aside, the French probably refused to recognize the CSA mostly because they became convinced the CS couldn't win its independence even with their help, and thus didn't want to further alienate the US for no good reason, especially because John Bigelow, the GOP ambassador to the court of Napolean III made it clear if the French weighed-in on the side of the South, the US would march on Mexico and kick them out.

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Napolean III

The French had taken advantage of US pre-occupation with putting down the Southern rebellion and militarily conquered Mexican republic forces in a series of battles in the early 1860's and were effectively in control of Mexico.

After the Civil War ended in April 1865, the US could afford to enforce the Monroe Doctrine and shipped a great deal of arms and equipment to beleagured Republican forces under Benito Juarez.

A year after the the Confederate rebellion was crushed, on February 12, 1866, the US demanded the French withdraw their forces from Mexico. We moved soldiers to positions along the Rio Grande, and set up a naval blockade to prevent French reinforcements from landing. With our help, Mexico thus shrugged off its Froggy conquerors.

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Flagstaffsooner
3/11/2007, 08:20 AM
Deo Vindice!

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Rogue
3/11/2007, 11:42 AM
I knew you were lurking in Olevet's thread about the CW yesterday. ;)

Great installment, thanks.