The Confederate Constitution: Slavery's Legal Foundation

The Confederate Constitution, adopted on March 11, 1861, was the constitution of the Confederate States of America, a group of 11 southern states that had seceded from the Union. The Confederate Constitution mirrored the U.S. Constitution in many ways, but it also included several passages related to slavery that differed significantly from its predecessor. This article will explore the question of whether the Confederate Constitution explicitly addressed and protected slavery, and how this influenced the Civil War and the Confederacy's motivations.

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The Confederate Constitution explicitly addressed slavery

The Confederate Constitution, adopted on March 11, 1861, explicitly addressed the issue of slavery. The document was drawn up and approved just a week after Abraham Lincoln became president of the United States. It mirrored the US Constitution in many ways, but there were several notable differences in its treatment of slavery.

The Confederate Constitution added a clause about the question of slavery in the territories, stating that slavery was to be legally protected in these areas. This was a key constitutional debate of the 1860 election. The document explicitly mentioned "slaves", unlike the US Constitution, and included language such as:

> No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves, shall be passed.

The Confederate Constitution also included a Bill of Rights, which stated that the government couldn't impair "the right of property in negro slaves" for their owners.

The inclusion of these clauses in the Confederate Constitution reflects the motivation of the Southern states to preserve and expand slavery. This was a central issue in the Civil War and a cause for secession, as stated by Confederate Vice President Alexander H. Stephens, who declared that slavery was the "cornerstone of the Confederacy".

The Confederate Constitution was based on the US Constitution

The Constitution of the Confederate States of America was adopted on March 11, 1861. It was drawn up and approved just a week after Abraham Lincoln became president of the United States. The Confederate Constitution was based on the US Constitution, with several notable differences.

The Confederate Constitution explicitly addressed the issue of slavery throughout. It used the word "slaves", unlike the US Constitution, and included a clause about the question of slavery in the territories, stating that slavery was to be legally protected in the territories. One article banned any Confederate state from making slavery illegal, and another ensured that slave owners could travel between Confederate states with their slaves. The Confederate Constitution also accounted for enslaved people as three-fifths of a state's population, and it required that any new territory acquired by the nation would allow slavery.

The Confederate Constitution also gave Confederate states the ability to impeach federal officials, collect more taxes, and make treaties with each other under certain circumstances. They could also create lines of credit. The Confederate Congress operated in a similar fashion to the United States, but it couldn't propose amendments—that role was reserved for the states. The Confederate Supreme Court system was also very similar to the one used by the United States, but it was never formed during the Civil War due to the government's instability.

In summary, while the Confederate Constitution was based on the US Constitution, it included several key differences, particularly regarding slavery and states' rights. These differences reflected the Confederate states' desire to preserve and expand slavery, which was a major motivation for their secession from the United States.

The Confederate Constitution was approved on March 11, 1861

On March 11, 1861, the Constitution of the Confederate States of America was approved. This came just a week after Abraham Lincoln became president of the United States on March 4. The Confederate Constitution was drawn up by delegates from the newly formed Confederate States of America, which at the time comprised seven southern states that had seceded. A total of 11 states would eventually secede and join the Confederacy officially.

The Confederate Constitution was based on the United States Constitution as it existed at the time, with some notable differences. One of the most significant differences was the explicit mention of slavery throughout the document. The Confederate Constitution sought to preserve and protect slavery, which was considered the cornerstone of the Confederacy. It added a clause about the question of slavery in the territories, stating that slavery would be legally protected in any new territory acquired by the Confederate States. The document also included language explicitly protecting the right of property in "negro slaves," such as "no law denying or impairing the right of property in negro slaves, shall be passed."

The inclusion of slavery in the Confederate Constitution was a direct response to the growing abolition movement and the election of Abraham Lincoln, who opposed the expansion of slavery. The Southern states that seceded from the Union did so primarily to preserve and perpetuate the practice of slavery. They believed that slavery was essential to their social fabric and economic prosperity, and they sought to protect it at all costs.

The Confederate Constitution also differed from the U.S. Constitution in terms of governmental structure. It limited the president to one six-year term in office and gave the vice president no term limits. It also allowed Confederate states to impeach federal officials, collect more taxes, and make treaties with each other under certain circumstances. The Confederate Congress operated similarly to the United States Congress, but it could not propose amendments—that role was reserved for the states.

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The Confederate Constitution's right to own slaves

The Constitution of the Confederate States of America, adopted on March 11, 1861, explicitly addressed the issue of slavery. The Confederate Constitution included several passages related to slavery, reflecting the Southern states' quest to preserve and expand slavery as the cornerstone of their society and politics.

One key difference between the Confederate Constitution and the U.S. Constitution was the explicit mention of "slaves" in the Confederate document. The Confederate Constitution added a clause about the question of slavery in the territories, stating that slavery would be legally protected in any new territory acquired by the Confederate States. This clause, known as Article IV Section 3(3), gave Confederate states the power to legislate and provide governments for their territories, recognizing and protecting the institution of slavery.

The Confederate Constitution also included provisions to protect the right to own "negro" slaves. For example, it stated that no law denying or impairing the right of property in negro slaves shall be passed. Additionally, it granted the Confederate states the ability to impeach federal officials, collect taxes, and make treaties, further empowering them to uphold slavery.

The Confederate Constitution's vice president, Alexander H. Stephens, referred to slavery as the cornerstone of the Confederacy and proclaimed that it was the immediate cause of the rupture and revolution. He argued that the Confederate Constitution secured every essential guarantee for the institution of slavery.

In summary, the Confederate Constitution explicitly recognized and protected the right to own slaves, reflecting the Southern states' motivation to preserve and expand slavery as a central tenet of their society and politics. The Confederate Constitution's provisions on slavery, along with the context provided by historical figures like Alexander H. Stephens, leave little doubt about the centrality of slavery in the Confederate project.

The Confederate Constitution's impact on Southern politics

The Confederate Constitution, adopted on March 11, 1861, had a significant impact on Southern politics, both during and after the Civil War. The constitution was created by delegates from the newly formed Confederate States of America, and it mirrored the US Constitution in many ways, including its structure and certain provisions. However, it also contained crucial differences, particularly regarding slavery and states' rights.

One of the most notable impacts of the Confederate Constitution on Southern politics was its explicit protection of slavery. The constitution included specific clauses that safeguarded the right to own "negro" slaves. For example, it stated that no law could be passed that would "deny or impair the right of property in negro slaves." This was a significant departure from the US Constitution, which did not use the word "slaves" and left the issue of slavery open to interpretation. The Confederate Constitution's explicit mention of slavery and its protection as a legal institution in the territories was a key factor in the secession of Southern states and the subsequent Civil War.

The Confederate Constitution also granted expanded powers to the Confederate states, including the ability to impeach federal officials, collect taxes, and make treaties with each other. It limited the president to a single six-year term and gave the vice president no term limits. The constitution also included a Bill of Rights, which guaranteed certain freedoms and protections to the citizens of the Confederate States.

The Confederate Congress, modelled after the US Congress, played a crucial role in Southern politics during the Civil War. It met for six sessions during the war, and its robust powers were repeatedly upheld by the Confederate state courts, especially on matters of military necessity. However, the Confederate Congress could not propose amendments, as that role was reserved for the states.

Overall, the Confederate Constitution had a profound and lasting impact on Southern politics. It not only provided a legal framework for the Confederate States during the Civil War but also influenced the political landscape of the South for decades to come. The constitution's explicit protection of slavery and expansion of states' rights shaped the region's political ideologies and continued to resonate with some Southerners long after the war's end.

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