Provisional Confederate States Constitution
Encyclopedia
The Provisional Constitution of the Confederate States of America was an interim constitution adopted by the Confederacy
and in force from February 8, 1861 to March 11, 1861. On March 11 it was superseded by the more permanent Constitution of the Confederate States of America
. It is presently housed at the Museum of the Confederacy
in Richmond, Virginia
.
, a convention consisting of delegates from South Carolina
, Florida
, Alabama
, Mississippi
, Georgia
, and Louisiana
met to set about creating a new form of government based on that of the United States of America. 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
.
Before the Montgomery Convention
could accomplish anything, it required a set of guidelines to follow. On February 5, Christopher Memminger
proposed a committee of thirteen be created for the purpose of drafting a provisional constitution in order to grant congressional power to the convention. Thomas R. R. Cobb
, of Georgia, moved that the committee be twelve, with two members from each state delegation. The Convention settled on the latter, nominating Memminger and Robert W. Barnwell
from South Carolina, William T. S. Barry
and Wiley P. Harris
from Mississippi, James Patton Anderson
and James B. Owens
from Florida, Richard W. Walker
and Robert H. Smith
from Alabama, Stephens
and E. A. Nisbet
from Georgia, and John Perkins
and Duncan F. 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.
The framers of the Provisional Constitution used the Constitution of the United States
as a basis for their own, and thus there are many similarities. There were also several noticeable differences, including the aforementioned changes, as well as a clause which allowed 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 their haste, however, 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 tariff
s. Such issues were to be decided in the permanent Constitution
.
Perhaps the most notable of these neglected issues was slavery. Given the importance of slavery to the secessionist movement of the south, the issue is mentioned rather sparingly in the provisional constitution. The constitution only mentions slavery twice: once in the prohibition of the slave trade, and again in a constitutional guarantee of the return of fugitive slaves or financial compensation equal to the “value of the slave and all costs and expenses.” This absence of further regulations on slavery reflects, among other things, the complexity and variety of political and moral beliefs among convention members.
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” and that it differed “only from that of our fathers insofar as it is explanatory of their well-known intent…” Some scholars agree with Davis that the Provisional Constitution sought to clarify many of the ambiguities of the original Constitution. The language of the constitution, however, leads most historians to view the Provisional Constitution as an attempt to grant greater power to the states. For instance, in the preamble, “We the people” is replaced with “We the deputies of the sovereign and independent States.” Words such as “delegated” and “expressly granted” were also used to emphasize the power of the states within the Confederacy.
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
and in force from February 8, 1861 to March 11, 1861. On March 11 it was superseded by the more permanent Constitution of the Confederate States of America
Confederate States Constitution
The Constitution of the Confederate States of America was the supreme law of the Confederate States of America, as adopted on March 11, 1861 and in effect through the conclusion of the American Civil War. The Confederacy also operated under a Provisional Constitution from February 8, 1861 to March...
. It is presently housed at the Museum of the Confederacy
Museum of the Confederacy
The Museum of the Confederacy is located in Richmond, Virginia. The museum includes the former White House of the Confederacy and maintains a comprehensive collection of artifacts, manuscripts, Confederate imprints , and photographs from the Confederate States of America and the American Civil War...
in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
.
Montgomery Convention and the Committee of Twelve
On February 4, 1861, in Montgomery, AlabamaMontgomery, Alabama
Montgomery is the capital of the U.S. state of Alabama, and is the county seat of Montgomery County. It is located on the Alabama River southeast of the center of the state, in the Gulf Coastal Plain. As of the 2010 census, Montgomery had a population of 205,764 making it the second-largest city...
, a convention consisting of delegates from South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, and Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
met to set about creating a new form of government based on that of the United States of America. 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
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
.
Before the Montgomery Convention
Montgomery Convention
The Montgomery Convention marked the formal beginning of the Confederate States of America. Convened in Montgomery, Alabama the Convention organized a provisional government for the Confederacy and created the Constitution of the Confederate States of America....
could accomplish anything, it required a set of guidelines to follow. On February 5, Christopher Memminger
Christopher Memminger
Christopher Gustavus Memminger was a prominent political leader and the first Secretary of the Treasury for the Confederate States of America.-Early life and career:...
proposed a committee of thirteen be created for the purpose of drafting a provisional constitution in order to grant congressional power to the convention. Thomas R. R. Cobb
Thomas Reade Rootes Cobb
Thomas Reade Rootes Cobb was an American lawyer, author, politician, and Confederate officer, killed in the Battle of Fredericksburg during the American Civil War.-Early life:...
, of Georgia, moved that the committee be twelve, with two members from each state delegation. The Convention settled on the latter, nominating Memminger and Robert W. Barnwell
Robert Woodward Barnwell
Robert Woodward Barnwell was an American 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.-Biography:...
from South Carolina, William T. S. Barry
William T. S. Barry
William Taylor Sullivan Barry was a U.S. Representative from Mississippi.Born in Columbus, Mississippi, Barry was graduated from Yale Law School in 1841 and was initiated into Skull and Bones. Society in his last year. Barry was admitted to the bar in 1844 and then practiced law in Columbus, Ohio...
and Wiley P. Harris
Wiley P. Harris
Wiley Pope Harris was a U.S. Representative from Mississippi.Born near Holmesville, Mississippi, Harris attended the common schools and the University of Virginia at Charlottesville....
from Mississippi, James Patton Anderson
James Patton Anderson
James Patton Anderson was an American physician, lawyer, and politician, most notably serving as a United States Congressman from the Washington Territory, a Mississippi state legislator, and a delegate at the Florida state secession convention to withdraw from the United States.He also served in...
and James B. Owens
James Byeram Owens
James Byeram Owens was a prominent Confederate politician. He was born in Fairfield County, South Carolina and later moved to Florida. He was the brother-in-law of Ethelbert Barksdale and the grandfather of John Wellborn Martin. He was elected to represent Florida in the Provisional Confederate...
from Florida, Richard W. Walker
Richard Wilde Walker
Richard Wilde Walker was a prominent Confederate States of America politician.Walker was born and died in Huntsville, Alabama. He was the son of John Williams Walker, the brother of Percy Walker and LeRoy Pope Walker, and father of Richard Wilde Walker, Jr. Richard Walker, Sr...
and Robert H. Smith
Robert Hardy Smith
Robert Hardy Smith was a prominent Alabama politician. He was born in Camden County, North Carolina and later moved to Alabama, where he served in the state House of Representatives in 1849 and the state Senate in 1851. He was elected to represent the state in the Provisional Confederate Congress...
from Alabama, Stephens
Alexander Stephens
Alexander Hamilton Stephens was an American politician from Georgia. He was Vice President of the Confederate States of America during the American Civil War. He also served as a U.S...
and E. A. Nisbet
Eugenius Aristides Nisbet
Eugenius Aristides Nisbet was an American politician, jurist, and lawyer.Nisbet was born near Union Point, Georgia. He attended the Powellton Academy in Hancock County, Georgia from 1815 to 1817, the University of South Carolina in Columbia from 1817 to 1819, and graduated from the University of...
from Georgia, and John Perkins
John Perkins, Jr.
John Perkins, Jr. was an antebellum U.S. Representative from Louisiana, and then a senator in the Confederate States Congress during the American Civil War....
and Duncan F. Kenner
Duncan F. Kenner
Duncan Farrar Kenner was a Louisiana politician, lawyer, and diplomat for the Confederate States of America.-Biography:...
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.
Key points and differences
All committee members were well educated and had extensive legislative experience. Due to the necessity of a constitution, they worked considerably fast, reporting back to the convention on February 7. Copies were then made and distributed to convention members who spent relatively little time on debate. Their key changes to the committee’s draft was an inclusion of the phrase “Invoking the favor of Almighty God” into the preamble, the addition of an executive item veto, a removal of a congressional restriction of fifteen percent on import tariffs, and a combining of the circuit and district court systems into one district system where each state comprised one district. The Provisional Constitution was then unanimously ratified near midnight on February 8, 1861 and was signed by all present members at noon the day of Jefferson Davis’s inaugural address on February 18, 1861. There are fifty signatures in all, including those of the Texas delegation who were admitted on March 2. The Provisional Constitution was nullified with the ratification of the permanent Constitution of the Confederate States of America on March 11, 1861.The framers of the Provisional Constitution used the Constitution of the United States
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
as a basis for their own, and thus there are many similarities. There were also several noticeable differences, including the aforementioned changes, as well as a clause which allowed 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 their haste, however, 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
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, and tariff
Tariff
A tariff may be either tax on imports or exports , or a list or schedule of prices for such things as rail service, bus routes, and electrical usage ....
s. Such issues were to be decided in the permanent Constitution
Confederate States Constitution
The Constitution of the Confederate States of America was the supreme law of the Confederate States of America, as adopted on March 11, 1861 and in effect through the conclusion of the American Civil War. The Confederacy also operated under a Provisional Constitution from February 8, 1861 to March...
.
Perhaps the most notable of these neglected issues was slavery. Given the importance of slavery to the secessionist movement of the south, the issue is mentioned rather sparingly in the provisional constitution. The constitution only mentions slavery twice: once in the prohibition of the slave trade, and again in a constitutional guarantee of the return of fugitive slaves or financial compensation equal to the “value of the slave and all costs and expenses.” This absence of further regulations on slavery reflects, among other things, the complexity and variety of political and moral beliefs among convention members.
Interpretations
In his inaugural address, Jefferson DavisJefferson Davis
Jefferson Finis Davis , also known as Jeff Davis, was an American statesman and leader of the Confederacy during the American Civil War, serving as President for its entire history. He was born in Kentucky to Samuel and Jane 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” and that it differed “only from that of our fathers insofar as it is explanatory of their well-known intent…” Some scholars agree with Davis that the Provisional Constitution sought to clarify many of the ambiguities of the original Constitution. The language of the constitution, however, leads most historians to view the Provisional Constitution as an attempt to grant greater power to the states. For instance, in the preamble, “We the people” is replaced with “We the deputies of the sovereign and independent States.” Words such as “delegated” and “expressly granted” were also used to emphasize the power of the states within the Confederacy.
External links
- Constitution of the Provisional Government of the Confederate States of America