Part 3 — CHAPTER X.

Temper of the Southern People indicated by the Action of the Confederate Congress.—The Permanent Constitution.—Modeled after the Federal Constitution.—Variations and Special Provisions.—Provisions with Regard to Slavery and the Slave-Trade.—A False Assertion refuted.—Excellence of the Constitution.—Admissions of Hostile or Impartial Criticism.

The conservative temper of the people of the Confederate States was conspicuously exhibited in the most important product of the early labors of their representatives in Congress assembled. The Provisional Constitution, although prepared only for temporary use, and necessarily in some haste, was so well adapted for the purposes which it was intended to serve, that many thought it would have been wise to continue it in force indefinitely, or at least until the independency of the Confederacy should be assured. The Congress, however, deeming it best that the system of Government should emanate from the people, accordingly, on the 11th of March, prepared the permanent Constitution, which was submitted to and ratified by the people of the respective States.

The Constitution of the United States was the model followed throughout, with only such changes as experience suggested for better practical working or for greater perspicuity. The preamble to both instruments is the same in substance, and very nearly identical in language. The words "We, the people of the United States," in one, are replaced by "We, the people of the Confederate States," in the other; and the gross perversion which has been made of the former expression is precluded in the latter merely by the addition of the explanatory clause, "each State acting in its sovereign and independent character"—an explanation which, at the time of the formation of the Constitution of the United States, would have been deemed entirely superfluous.

With regard to slavery and the slave-trade, the provisions of this Constitution furnish an effectual answer to the assertion, so often made, that the Confederacy was founded on slavery, that slavery was its "corner-stone," etc. Property in slaves, already existing, was recognized and guaranteed, just as it was by the Constitution of the United States; and the rights of such property in the common Territories were protected against any such hostile discrimination as had been attempted in the Union. But the "extension of slavery," in the only practical sense of that phrase, was more distinctly and effectually precluded by the Confederate than by the Federal Constitution. This will be manifest on a comparison of the provisions of the two relative to the slave-trade. These are found at the beginning of the ninth section of the first article of each instrument. The Constitution of the United States has the following:

"The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importations, not exceeding ten dollars for each person."

The Confederate Constitution, on the other hand, ordained as follows:

"1. The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

"2. Congress shall also have the power to prohibit the introduction of slaves from any state not a member of, or Territory not belonging to, this Confederacy."

In the case of the United States, the only prohibition is against any interference by Congress with the slave-trade for a term of years, and it was further legitimized by the authority given to impose a duty upon it. The term of years, it is true, had long since expired, but there was still no prohibition of the trade by the Constitution; it was after 1808 entirely within the discretion of Congress either to encourage, tolerate, or prohibit it.

Under the Confederate Constitution, on the contrary, the African slave-trade was "hereby forbidden," positively and unconditionally, from the beginning. Neither the Confederate Government nor that of any of the States could permit it, and the Congress was expressly "required" to enforce the prohibition. The only discretion in the matter intrusted to the Congress was, whether or not to permit the introduction of slaves from any of the United States or their Territories.