NashvilleUTVol
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The Confederate Constitution
The Confederate Constitutional Convention opened on February 4, 1861. Robert Barnwell Rhett of South Carolina, called the "Father of Secession" for initiating his state's withdrawal from the Union, thought that the model of the U.S. Constitution was best. The other 50 delegates agreed. He nominated Howell Cobb, a Georgia attorney and former Speaker of the U.S. House of Representatives, to preside over the meeting.
In broad outline, the Confederate Constitution is an amended U.S. Constitution. Even on slavery, there is little difference. Whereas the U.S. Constitution ended the importation of slaves after 1808, the Confederate Constitution forbade it. Both constitutions allowed slave ownership. The preamble to both Constitutions was the same in substance and very nearly identical in language. The Confederate Constitution would make clear the Confederate State's governmental role in the states of the Confederacy as a limited government. The preamble began, "We the people of the Confederate States" and would have the addition of "each State acting in its sovereign and independent character."
The members of the Convention were hailed by their contemporaries as statesmen of unmatched stature. Thomas R. R. Cobb, of Georgia, one of the prime creators of the Confederate Constitution, wrote shortly after the deliberations in Montgomery: "The personnel of the Committee on the Constitution comprised the highest order of intellect, legal ability and statesmanship in the South, in no way inferior to the framers of the Constitution of 1789, and with the advantages of seventy years experience under that Constitution; and the instrument which they reported was perhaps as near perfect for its purpose as the wisdom of man could make it."
The Confederate Constitution was a document of appeasement and compromise. With few divergences it followed the old United States Constitution. This was in part a compromise to the feelings of the "new secessionists," the former Union men who argued long and futilely against secession but, faced with it as a fact, went with their states into the new Confederacy. It was in part a concession to the specious belief that the Southern states could peacefully leave the Union.
The Confederate Constitution, in an attack against pork-barrel spending, gave the President a line-item veto. It also set the office of the Presidency to one, six-year term limit. The Confederate Founders also tried to make sure that there would be no open-ended commitments or entitlement programs in the Confederate States. The Constitution read "All bills appropriating money shall specify...the exact amount of each appropriation, and the purposes for which it is made." It continued "And Congress shall grant no extra compensation to any public contractor, office, agent, or servant, after such contract shall have been made or such service rendered." Such a provision would have eliminated the "cost-overrun," a favorite boondoggle of today's government contractors.
The Confederate Constitution also eliminated omnibus spending bills by requiring all legislation to "relate to but one subject," which had to be "expressed in the title." There would be no "Christmas-tree" appropriations bills or hidden expenditures. These changes would have had a profound effect in keeping government small and unobtrusive. Their inclusion demonstrates much wisdom on the part of Confederate statesmen in improving on the Founding Fathers. Unfortunately, the United States federal government would not be willing to allow them to give their system a try.
The Confederate Constitutional Convention opened on February 4, 1861. Robert Barnwell Rhett of South Carolina, called the "Father of Secession" for initiating his state's withdrawal from the Union, thought that the model of the U.S. Constitution was best. The other 50 delegates agreed. He nominated Howell Cobb, a Georgia attorney and former Speaker of the U.S. House of Representatives, to preside over the meeting.
In broad outline, the Confederate Constitution is an amended U.S. Constitution. Even on slavery, there is little difference. Whereas the U.S. Constitution ended the importation of slaves after 1808, the Confederate Constitution forbade it. Both constitutions allowed slave ownership. The preamble to both Constitutions was the same in substance and very nearly identical in language. The Confederate Constitution would make clear the Confederate State's governmental role in the states of the Confederacy as a limited government. The preamble began, "We the people of the Confederate States" and would have the addition of "each State acting in its sovereign and independent character."
The members of the Convention were hailed by their contemporaries as statesmen of unmatched stature. Thomas R. R. Cobb, of Georgia, one of the prime creators of the Confederate Constitution, wrote shortly after the deliberations in Montgomery: "The personnel of the Committee on the Constitution comprised the highest order of intellect, legal ability and statesmanship in the South, in no way inferior to the framers of the Constitution of 1789, and with the advantages of seventy years experience under that Constitution; and the instrument which they reported was perhaps as near perfect for its purpose as the wisdom of man could make it."
The Confederate Constitution was a document of appeasement and compromise. With few divergences it followed the old United States Constitution. This was in part a compromise to the feelings of the "new secessionists," the former Union men who argued long and futilely against secession but, faced with it as a fact, went with their states into the new Confederacy. It was in part a concession to the specious belief that the Southern states could peacefully leave the Union.
The Confederate Constitution, in an attack against pork-barrel spending, gave the President a line-item veto. It also set the office of the Presidency to one, six-year term limit. The Confederate Founders also tried to make sure that there would be no open-ended commitments or entitlement programs in the Confederate States. The Constitution read "All bills appropriating money shall specify...the exact amount of each appropriation, and the purposes for which it is made." It continued "And Congress shall grant no extra compensation to any public contractor, office, agent, or servant, after such contract shall have been made or such service rendered." Such a provision would have eliminated the "cost-overrun," a favorite boondoggle of today's government contractors.
The Confederate Constitution also eliminated omnibus spending bills by requiring all legislation to "relate to but one subject," which had to be "expressed in the title." There would be no "Christmas-tree" appropriations bills or hidden expenditures. These changes would have had a profound effect in keeping government small and unobtrusive. Their inclusion demonstrates much wisdom on the part of Confederate statesmen in improving on the Founding Fathers. Unfortunately, the United States federal government would not be willing to allow them to give their system a try.