The Confederate Government

Jefferson Davis of Mississippi was almost naturally chosen president, his rival candidates being Alexander H. Stephens, subsequently chosen to fill the vice-presidency of the Confederacy, an important exponent of states' rights, and during the war a strong antagonist of President Davis's policy, and Robert Toombs of Georgia, a strong secessionist. The latter became a prominent member of the Confederate Congress, and, like Stephens, opposed the despotic powers of the Richmond government. President Davis had been trained in the Federal army, as well as in the Congress and in the National administration. His administration of the Confederate presidency cannot be called brilliant. The difficulties he contended with, however, were insurmountable; but his official acts were always the result of an unselfish desire to do what seemed best for the cause he espoused.

The president's cabinet contained, among others, Judah P. Benjamin, secretary of state; C.C. Memminger (1803-1888), and later George A. Trenholm (1806-1876), secretaries of Uie treasury; G. W. Randolph (1818-1878) and James A. Seddor (1815-1880), secretaries of war; S. R. Mallory (1813-1873), secretary of the navy, and John H. Reagan, postmaster-general. Of these Benjamin was distinctly the most powerful intellectually. Memtningrr, with little training or aptitude for his difficult position, did not distinguish himself as a financier, and was succeeded in the summer of 1864 by Trenholm, a Charleston banker, of high intelligence and good training, who, however, found it impossible to save the Confederacy from financial ruin.

Of other Confederates prominent in official positions the following may be mentioned: Howell Cobb, a former member of the Federal Congress and of President Buchanan's cabinet, serving as speaker of the provisional Confederate congress and later in the field; Robert W. Barnwell (1801-1882) and William L. Yancey; Benjamin H. Hill (1823-1882) and A.H. Keenan of Georgia; John A. Campbell (1811-1889), factors the war a judge of the U.S. Supreme Court; Judge A. G. Magrath (18131893), a prominent judge of the Confederate court in South Carolina; Governors Z. B. Vance of North Carolina, and J. E. Brown of Georgia (1821-1894).

In framing their provisional and permanent constitutions in 1861 the Confederate statesmen emphasized the points of view which had characterized them in the great constitutional discussions of the previous half-century. They also aimed to correct certain defects in the United States Constitution by amending that document in various directions. The Southern "States' Rights" view of the sovereign and independent position of the individual states was emphasized in the Confederate constitutions, which even went so far as to allow a state legislature to impeach a Confederate official acting within that state. Moreover, in the provisional Confederate constitution state officials were not bound by oath to support the central government.

The powers of the executive were increased as against the prerogatives of the congress. The president was allowed to veto particular appropriations and approve others in the same bill [what later came to be known as the line item veto]. His term of office was lengthened to seven years, and he was declared ineligible for a second term of office. The cabinet officers were allowed seats in either bouse of congress, in imitation of the practice in Great Britain, which Alexander H. Stephens especially was anxious to transplant to the American continent. The congress could appropriate money for particular purposes only by a two-thirds majority, unless the appropriation were asked for by the head of that department. Every bill was to refer to one subject, and that subject was to be expressed in the title, a provision aimed at preventing "omnibus" and confused legislation, in.which it signally failed.

The Southern attitude toward a protective tariff was emphasized by the constitutional provision that no bounty should be paid and no taxes levied for the benefit of any branches of industry. Similarly the central government could not authorize internal improvements except for aids to navigation. Also the expenses of the post office were not allowed to exceed its receipts. The old Constitution had carefully avoided the use of the word "slave," but the Confederate constitutions had no such scruples, and, moreover, recognized the legitimate existence of slavery, and forbade all legislation which might impair the right of property in negro slaves.

New states were to be admitted on a vote taken by a poll of the states; state legislatures could impeach Confederate officers each within its own jurisdiction. The declaration of free trade was virtually a device to secure the support of Great Britain, whose textile industries were dependent upon the export of cotton, and whose traditional policy was always for securing and retaining new markets. The constitution further provided for the rendition of fugitive slaves to their owners, and that five slaves should count as three persons in the basis of representation or taxation.

These changes all had reference to times of peace. The war powers of the government were left unchanged from those provided for by the Federal Constitution. Provisions of that document as to suspending the writ of habeas corpus and the provisions regarding conscription were left equally vague in the new Confederate Constitution. These led to acrimonious discussion and much bitter feeling against the centralized war powers of the government at Richmond. As the war progressed, the Richmond authorities became necessarily more and more oppressive and aroused the "States' Rights" feeling prevalent in the South. It became evident that a confederated form of government, such as was planned by the Southerners, was unsuitcd to the stringent requirements of war times and contributed doubtless somewhat to the final cataclysm.