The Confederate Constitution
The Southern leaders met in Montgomery, Alabama, to write their constitution. Much of the Confederate States Constitution replicated the United States Constitution verbatim, but it contained several explicit protections of the institution of slavery including provisions for the recognition and protection of negro slavery in any new state admitted to the Confederacy. It maintained the existing ban on international slave-trading while protecting the existing internal trade of slaves among slaveholding states.
In certain areas, the Confederate Constitution gave greater powers to the states (or curtailed the powers of the central government more) than the U.S. Constitution of the time did, but in other areas, the states actually lost rights they had under the U.S. Constitution. Although the Confederate Constitution, like the U.S. Constitution, contained a commerce clause, the Confederate version prohibited the central government from using revenues collected in one state for funding internal improvements in another state. The Confederate Constitution's equivalent to the U.S. Constitution's general welfare clause prohibited protective tariffs (but allowed tariffs for providing domestic revenue), and spoke of "carry[ing] on the Government of the Confederate States" rather than providing for the "general welfare". State legislatures had the power to impeach officials of the Confederate government in some cases. On the other hand, the Confederate Constitution contained a Necessary and Proper Clause and a Supremacy Clause that essentially duplicated the respective clauses of the U.S. Constitution. The Confederate Constitution also incorporated each of the 12 amendments to the U.S. Constitution that had been ratified up to that point.
The Confederate Constitution did not specifically include a provision allowing states to secede; the Preamble spoke of each state "acting in its sovereign and independent character" but also of the formation of a "permanent federal government". During the debates on drafting the Confederate Constitution, one proposal would have allowed states to secede from the Confederacy. The proposal was tabled with only the South Carolina delegates voting in favor of considering the motion. The Confederate Constitution also explicitly denied States the power to bar slaveholders from other parts of the Confederacy from bringing their slaves into any state of the Confederacy or to interfere with the property rights of slave owners traveling between different parts of the Confederacy. In contrast with the language of the United States Constitution, the Confederate Constitution overtly asked God's blessing ("...invoking the favor and guidance of Almighty God...").
In certain areas, the Confederate Constitution gave greater powers to the states (or curtailed the powers of the central government more) than the U.S. Constitution of the time did, but in other areas, the states actually lost rights they had under the U.S. Constitution. Although the Confederate Constitution, like the U.S. Constitution, contained a commerce clause, the Confederate version prohibited the central government from using revenues collected in one state for funding internal improvements in another state. The Confederate Constitution's equivalent to the U.S. Constitution's general welfare clause prohibited protective tariffs (but allowed tariffs for providing domestic revenue), and spoke of "carry[ing] on the Government of the Confederate States" rather than providing for the "general welfare". State legislatures had the power to impeach officials of the Confederate government in some cases. On the other hand, the Confederate Constitution contained a Necessary and Proper Clause and a Supremacy Clause that essentially duplicated the respective clauses of the U.S. Constitution. The Confederate Constitution also incorporated each of the 12 amendments to the U.S. Constitution that had been ratified up to that point.
The Confederate Constitution did not specifically include a provision allowing states to secede; the Preamble spoke of each state "acting in its sovereign and independent character" but also of the formation of a "permanent federal government". During the debates on drafting the Confederate Constitution, one proposal would have allowed states to secede from the Confederacy. The proposal was tabled with only the South Carolina delegates voting in favor of considering the motion. The Confederate Constitution also explicitly denied States the power to bar slaveholders from other parts of the Confederacy from bringing their slaves into any state of the Confederacy or to interfere with the property rights of slave owners traveling between different parts of the Confederacy. In contrast with the language of the United States Constitution, the Confederate Constitution overtly asked God's blessing ("...invoking the favor and guidance of Almighty God...").
The Executive Branch
The Montgomery Convention to establish the Confederacy and its executive met February 4, 1861. Each state as a sovereignty had one vote, with the same delegation size as it held in the U.S. Congress, and generally 41 to 50 members attended. Offices were "provisional", limited to a term not to exceed one year. One name was placed in nomination for president, one for vice president. Both were elected unanimously, 6–0.
Jefferson Davis was elected provisional president. His U.S. Senate resignation speech greatly impressed with its clear rationale for secession and his pleading for a peaceful departure from the Union to independence. Although he had made it known that he wanted to be commander-in-chief of the Confederate armies, when elected, he assumed the office of Provisional President. Three candidates for provisional Vice President were under consideration the night before the February 9 election. All were from Georgia, and the various delegations meeting in different places determined two would not do, so Alexander Stephens was elected unanimously provisional Vice President, though with some privately held reservations. Stephens was inaugurated February 11, Davis February 18.
Davis and Stephens were elected President and Vice President, unopposed on November 6, 1861. They were inaugurated on February 22, 1862.
Historian E. M. Coulter observed, "No president of the U.S. ever had a more difficult task." Washington was inaugurated in peacetime. Lincoln inherited an established government of long standing. The creation of the Confederacy was accomplished by men who saw themselves as fundamentally conservative. Although they referred to their "Revolution", it was in their eyes more a counter-revolution against changes away from their understanding of U.S. founding documents. In Davis’ inauguration speech, he explained the Confederacy was not a French-like revolution, but a transfer of rule. The Montgomery Convention had assumed all the laws of the United States until superseded by the Confederate Congress.
The Permanent Constitution provided for a President of the Confederate States of America, elected to serve a six-year term but without the possibility of re-election. Unlike the United States Constitution, the Confederate Constitution gave the president the ability to subject a bill to a line item veto, a power also held by some state governors.
The Confederate Congress could overturn either the general or the line item vetoes with the same two-thirds majorities that are required in the U.S. Congress. In addition, appropriations not specifically requested by the executive branch required passage by a two-thirds vote in both houses of Congress. The only person to serve as president was Jefferson Davis, due to the Confederacy being defeated before the completion of his term.
Jefferson Davis was elected provisional president. His U.S. Senate resignation speech greatly impressed with its clear rationale for secession and his pleading for a peaceful departure from the Union to independence. Although he had made it known that he wanted to be commander-in-chief of the Confederate armies, when elected, he assumed the office of Provisional President. Three candidates for provisional Vice President were under consideration the night before the February 9 election. All were from Georgia, and the various delegations meeting in different places determined two would not do, so Alexander Stephens was elected unanimously provisional Vice President, though with some privately held reservations. Stephens was inaugurated February 11, Davis February 18.
Davis and Stephens were elected President and Vice President, unopposed on November 6, 1861. They were inaugurated on February 22, 1862.
Historian E. M. Coulter observed, "No president of the U.S. ever had a more difficult task." Washington was inaugurated in peacetime. Lincoln inherited an established government of long standing. The creation of the Confederacy was accomplished by men who saw themselves as fundamentally conservative. Although they referred to their "Revolution", it was in their eyes more a counter-revolution against changes away from their understanding of U.S. founding documents. In Davis’ inauguration speech, he explained the Confederacy was not a French-like revolution, but a transfer of rule. The Montgomery Convention had assumed all the laws of the United States until superseded by the Confederate Congress.
The Permanent Constitution provided for a President of the Confederate States of America, elected to serve a six-year term but without the possibility of re-election. Unlike the United States Constitution, the Confederate Constitution gave the president the ability to subject a bill to a line item veto, a power also held by some state governors.
The Confederate Congress could overturn either the general or the line item vetoes with the same two-thirds majorities that are required in the U.S. Congress. In addition, appropriations not specifically requested by the executive branch required passage by a two-thirds vote in both houses of Congress. The only person to serve as president was Jefferson Davis, due to the Confederacy being defeated before the completion of his term.
Administration and Cabinet
OfficePresident
Vice President Secretary of State Secretary of the Treasury Secretary of War Secretary of the Navy Postmaster General Attorney General |
NameJefferson Davis
Alexander Stephens Robert Toombs Robert M.T. Hunter Judah P. Benjamin Christopher Memminger George Trenholm John H. Reagan Leroy Pope Walker Judah P. Benjamin George W. Randolph James Seddon John C. Breckinridge Stephen Mallory John. H. Reagan Judah P. Benjamin Thomas Bragg Thomas H. Watts George Davis |
Term1861-1865
1861-1865 1861 1861-1862 1862-1865 1861-1864 1864-1865 1865 1861 1861-1862 1862 1862-1865 1865 1861-1865 1861-1865 1861 1861-1862 1862-1863 1864-1865 |
Davis's cabinet in 1861, Montgomery, Alabama.
Front row, left to right: Judah P. Benjamin, Stephen Mallory, Alexander Stephens, Jefferson Davis, John Henninger Reagan, and Robert Toombs.
Back row, standing left to right: Christopher Memminger and LeRoy Pope Walker.
Illustration printed in Harper's Weekly
The Legislative Branch
The only two "formal, national, functioning, civilian administrative bodies" in the Civil War South were the Jefferson Davis administration and the Confederate Congresses. The Confederacy was begun by the Provisional Congress in Convention at Montgomery, Alabama on February 28, 1861. It had one vote per state in a unicameral assembly.
The Permanent Confederate Congress was elected and began its first session February 18, 1862. The Permanent Congress for the Confederacy followed the United States forms with a bicameral legislature. The Senate had two per state, twenty-six Senators. The House numbered 106 representatives apportioned by free and slave populations within each state. Two Congresses sat in six sessions until March 18, 1865.
The political influences of the civilian, soldier vote and appointed representatives reflected divisions of political geography of a diverse South. These in turn changed over time relative to Union occupation and disruption, the war impact on local economy, and the course of the war. Without political parties, key candidate identification related to adopting secession before or after Lincoln's call for volunteers to retake Federal property. Previous party affiliation played a part in voter selection, predominantly secessionist Democrat or unionist Whig.
The absence of political parties made individual roll call voting all the more important, as the Confederate "freedom of roll-call voting [was] unprecedented in American legislative history. Key issues throughout the life of the Confederacy related to (1) suspension of habeas corpus, (2) military concerns such as control of state militia, conscription and exemption, (3) economic and fiscal policy including impressment of slaves, goods and scorched earth, and (4) support of the Jefferson Davis administration in its foreign affairs and negotiating peace.
The Permanent Confederate Congress was elected and began its first session February 18, 1862. The Permanent Congress for the Confederacy followed the United States forms with a bicameral legislature. The Senate had two per state, twenty-six Senators. The House numbered 106 representatives apportioned by free and slave populations within each state. Two Congresses sat in six sessions until March 18, 1865.
The political influences of the civilian, soldier vote and appointed representatives reflected divisions of political geography of a diverse South. These in turn changed over time relative to Union occupation and disruption, the war impact on local economy, and the course of the war. Without political parties, key candidate identification related to adopting secession before or after Lincoln's call for volunteers to retake Federal property. Previous party affiliation played a part in voter selection, predominantly secessionist Democrat or unionist Whig.
The absence of political parties made individual roll call voting all the more important, as the Confederate "freedom of roll-call voting [was] unprecedented in American legislative history. Key issues throughout the life of the Confederacy related to (1) suspension of habeas corpus, (2) military concerns such as control of state militia, conscription and exemption, (3) economic and fiscal policy including impressment of slaves, goods and scorched earth, and (4) support of the Jefferson Davis administration in its foreign affairs and negotiating peace.
First Confederate Congress
The First Confederate Congress was the first regular term of the legislature of the Confederate States of America. Members of the First Confederate Congress were chosen in elections mostly held on 6 November 1861.
The Provisional Confederate Congress fixed the date of the inaugural meeting of the First Confederate Congress. As a result, the two-year congressional term ran from 18 February 1862 until 18 February 1864.
All sessions of the First Confederate Congress met in the Confederacy's capital of Richmond, Virginia.
The Provisional Confederate Congress fixed the date of the inaugural meeting of the First Confederate Congress. As a result, the two-year congressional term ran from 18 February 1862 until 18 February 1864.
All sessions of the First Confederate Congress met in the Confederacy's capital of Richmond, Virginia.
- 1st Session - 18 February 1862 to 21 April 1862
- 2nd Session - 18 August 1862 to 13 October 1862
- 3rd Session - 12 January 1863 to 1 May 1863
- 4th Session - 7 December 1863 to 18 February 1864
Second Confederate Congress
The Second Confederate Congress was the second and last regular term of the legislature of the Confederate States of America. Members of the Second Confederate Congress were chosen in elections held at various dates in 1863 and 1864. They only served for just over one year of their two-year term since the American Civil War ended and the Confederacy was defeated.
The term of the Second Confederate Congress started on 18 February 1864 and was due to end on 18 February 1866. In the event the Congress did not function, after the end of its second and last session.
All sessions of the Second Confederate Congress met in the Confederacy's capital of Richmond, Virginia.
The term of the Second Confederate Congress started on 18 February 1864 and was due to end on 18 February 1866. In the event the Congress did not function, after the end of its second and last session.
All sessions of the Second Confederate Congress met in the Confederacy's capital of Richmond, Virginia.
- 1st Session - 2 May 1864 to 14 June 1864
- 2nd Session - 7 November 1864 to 18 March 1865
The Judicial Branch
The Confederate Constitution outlined a judicial branch of the government, but the ongoing war and resistance from states-rights advocates, particularly on the question of whether it would have appellate jurisdiction over the state courts, prevented the creation or seating of the "Supreme Court of the Confederate States;" the state courts generally continued to operate as they had done, simply recognizing the Confederate States as the national government.
Confederate district courts were authorized by Article III, Section 1, of the Confederate Constitution, and President Davis appointed judges within the individual states of the Confederate States of America. In many cases, the same US Federal District Judges were appointed as Confederate States District Judges. Confederate district courts began reopening in the spring of 1861 handling many of the same type cases as had been done before. Prize cases, in which Union ships were captured by the Confederate Navy or raiders and sold through court proceedings, were heard until the blockade of southern ports made this impossible. After a Sequestration Act was passed by the Confederate Congress, the Confederate district courts heard many cases in which enemy aliens (typically Northern absentee landlords owning property in the South) had their property sequestered (seized) by Confederate Receivers.
When the matter came before the Confederate court, the property owner could not appear because he was unable to travel across the front lines between Union and Confederate forces. Thus, the District Attorney won the case by default, the property was typically sold, and the money used to further the Southern war effort. Eventually, because there was no Confederate Supreme Court, sharp attorneys like South Carolina's Edward McCrady began filing appeals. This prevented their clients' property from being sold until a supreme court could be constituted to hear the appeal, which never occurred. Where Federal troops gained control over parts of the Confederacy and re-established civilian government, US district courts sometimes resumed jurisdiction.
Confederate district courts were authorized by Article III, Section 1, of the Confederate Constitution, and President Davis appointed judges within the individual states of the Confederate States of America. In many cases, the same US Federal District Judges were appointed as Confederate States District Judges. Confederate district courts began reopening in the spring of 1861 handling many of the same type cases as had been done before. Prize cases, in which Union ships were captured by the Confederate Navy or raiders and sold through court proceedings, were heard until the blockade of southern ports made this impossible. After a Sequestration Act was passed by the Confederate Congress, the Confederate district courts heard many cases in which enemy aliens (typically Northern absentee landlords owning property in the South) had their property sequestered (seized) by Confederate Receivers.
When the matter came before the Confederate court, the property owner could not appear because he was unable to travel across the front lines between Union and Confederate forces. Thus, the District Attorney won the case by default, the property was typically sold, and the money used to further the Southern war effort. Eventually, because there was no Confederate Supreme Court, sharp attorneys like South Carolina's Edward McCrady began filing appeals. This prevented their clients' property from being sold until a supreme court could be constituted to hear the appeal, which never occurred. Where Federal troops gained control over parts of the Confederacy and re-established civilian government, US district courts sometimes resumed jurisdiction.
- Alabama - William G. Jones 1861–1865
- Arkansas - Daniel Ringo 1861–1865
- Florida - Jesse J. Finley 1861–1862
- Georgia - Henry R. Jackson 1861, Edward J. Harden 1861–1865
- Louisiana - Edwin Warren Moise 1861–1865
- Mississippi - Alexander Mosby Clayton 1861–1865
- North Carolina - Asa Biggs 1861–1865
- South Carolina - Andrew G. Magrath 1861–1864, Benjamin F. Perry 1865
- Tennessee - West H. Humphreys 1861–1865
- Texas-East - William Pinckney Hill 1861–1865
- Texas-West - Thomas J. Devine 1861–1865
- Virginia-East - James D. Halyburton 1861–1865
- Virginia-West - John W. Brockenbrough 1861–1865
Confederate Mail and the Post Office
When the Confederacy was formed and its seceding states broke from the Union, it was at once confronted with the arduous task of providing its citizens with a mail delivery system, and, in the midst of the American Civil War, the newly formed Confederacy created and established the Confederate Post Office. One of the first undertakings in establishing the Post Office was the appointment of John H. Reagan to the position of Postmaster General, by Jefferson Davis in 1861, making him the first Postmaster General of the Confederate Post Office as well as a member of Davis' presidential cabinet. Through Reagan's resourcefulness and remarkable industry, he had his department assembled, organized and in operation before the other Presidential cabinet members had their departments fully operational.
When the war began, the US Post Office still delivered mail from the seceded states for a brief period of time. Mail that was postmarked after the date of a state's admission into the Confederacy through May 31, 1861 and bearing US postage was still delivered. After this time, private express companies still managed to carry some of the mail across enemy lines. Later, mail that crossed lines had to be sent by 'Flag of Truce' and was allowed to pass at only two specific points. Mail sent from the South to the North states was received, opened and inspected at Fortress Monroe on the Virginia coast before being passed on into the U.S. mail stream. Mail sent from the North to the South passed at City Point, also in Virginia, where it was also inspected before being sent on.
With the chaos of the war, a working postal system was more important than ever for the Confederacy. The Civil War had divided family members and friends and consequently letter writing naturally increased dramatically across the entire divided nation, especially to and from the men who were away serving in an army. Mail delivery was also important for the Confederacy for a myriad of business and military reasons. Because of the Union blockade, basic supplies were always in demand and so getting mailed correspondence out of the country to suppliers was imperative to the successful operation of the Confederacy. Volumes of material have been written about the Blockade runners who evaded Union ships on blockade patrol, usually at night, and who moved cargo and mail in and out of the Confederate States throughout the course of the war. Of particular interest to students and historians of the American Civil War is Prisoner of War mail and Blockade mail as these items were often involved with a variety of military and other war time activities. The postal history of the Confederacy along with surviving Confederate mail has helped historians document the various people, places and events that were involved in the American Civil War as it unfolded.
When the war began, the US Post Office still delivered mail from the seceded states for a brief period of time. Mail that was postmarked after the date of a state's admission into the Confederacy through May 31, 1861 and bearing US postage was still delivered. After this time, private express companies still managed to carry some of the mail across enemy lines. Later, mail that crossed lines had to be sent by 'Flag of Truce' and was allowed to pass at only two specific points. Mail sent from the South to the North states was received, opened and inspected at Fortress Monroe on the Virginia coast before being passed on into the U.S. mail stream. Mail sent from the North to the South passed at City Point, also in Virginia, where it was also inspected before being sent on.
With the chaos of the war, a working postal system was more important than ever for the Confederacy. The Civil War had divided family members and friends and consequently letter writing naturally increased dramatically across the entire divided nation, especially to and from the men who were away serving in an army. Mail delivery was also important for the Confederacy for a myriad of business and military reasons. Because of the Union blockade, basic supplies were always in demand and so getting mailed correspondence out of the country to suppliers was imperative to the successful operation of the Confederacy. Volumes of material have been written about the Blockade runners who evaded Union ships on blockade patrol, usually at night, and who moved cargo and mail in and out of the Confederate States throughout the course of the war. Of particular interest to students and historians of the American Civil War is Prisoner of War mail and Blockade mail as these items were often involved with a variety of military and other war time activities. The postal history of the Confederacy along with surviving Confederate mail has helped historians document the various people, places and events that were involved in the American Civil War as it unfolded.