Saturday, September 27, 2014

Was the Confederate Government a Federalist or anti federalist government?

So I am reading a 125 year old history book and I find the idea of Federalist vs anti-federalists interesting. Federalists wanted a centralized government where as anti wanted much less. We became a Federalist government with such a Constitution BUT the Confederacy wanted a anti-Federalist government (less centralist) BUT...adopted the SAME Constitution as the US for a few minor items. Davis during his administration also committed to a Centralized or Federalist government. 
So was the Confederacy and it's government a contradiction to its beliefs?
 A federalist government is a government system in which power is distributed between numerous regional (state/provinces) governments and a central, national government in rough balance (although the central government may be stronger or weaker, overall, than the regional governments). 

A federal system of government is used by the USA, as well as numerous Latin American countries, Canada, Australia, and Germany. 

Federalism can lead to considerable variety in laws and standards between regional governments. For example, in the USA, most criminal laws are set by the states, along with their punishments. Medical use of marijuana is legal in some states, but not others. Oregon allows physician-assisted suicide, while a doctor doing the same thing in Utah would go to jail. In Texas, a murderer can be executed (and Texas executed 18 people in 2008), but in Michigan, the death penalty is not used. 

So with that......how did the Confederate Government claim to be non-centralized but yet follow suit with the above? Is it not a contradiction?

The Confederacy's preamble more-or-less deleted any reference to collective interests, presumably because it ostensibly intended to be a country focused more on state independence than any sort of grander, national goal. The CSA does not promise to form a "perfect union" nor does it aspire to provide for the "common defense" or promote the "general welfare."

It does, however, explicitly evoke God. So there would be no court challenges about the Pledge of Allegiance in alternate CSA-won-the-Civl-War-world.


also to further show that the CS was a Federalist and more Union government than they claimed, refer to the CS Constitution.

The CSA adds a disclaimer that the state legislatures are bound by the federal constitution when creating rules for elections to the Senate and House. This evokes Section 2(1) of the Confederate constitution, which demands that states only grant voting rights to citizens.

The CSA also takes away the Congress' power to alter the time of chosing Senators, as the CSA constitution already sets out a specific timeframe for appointments in Section 3(1).

In the CSA constitution Section 8 has an official title: "Congress shall have power", where as in the original it's much less organized.

The Confederates didn't mention "providing for the common defense" in their constitution's preamble, but they do here. "General welfare" is still omitted, however.

Lastly, the CSA essentially bans trade protectionism by saying that tariffs cannot be imposed on foreign goods for the sole purpose of protecting local industry. It also bans "bounties" from the Treasury, which at the time was the term used to describe government subsidies distributed to offset the costs of managing certain uncompetitive industries.

Southerners had often been prevented from buying cheaper foreign goods because of such Yankee projectionist measures.

The first of two new Confederate clauses that try to impose certain standards of fiscal responsibility on the legislative branch.

The CSA Congress can only appropriate cash:

in response to a specific request from the executive branchto pay for its own expensesto pay for the national debt and other financial "claims" against the national governmentThe document also demands that the Confederate Congress establish a tribunal to "investigate" the validity of such claims made against the CSA.
Frankly, the overall, the CSA constitution and government is Federalized and does not radically alter the federal system that was set up under the United States constitution.

It is thus very debatable as to whether the CSA was a significantly more pro-"states' rights" country (as supporters claim) in any meaningful sense. At least three states rights are explicitly taken away- the freedom of states to grant voting rights to non-citizens, the freedom of states to outlaw slavery within their borders, and the freedom of states to trade freely with each other.

States only gain four minor rights under the Confederate system- the power to enter into treaties with other states to regulate waterways, the power to tax foreign and domestic ships that use their waterways, the power to impeach federally-appointed state officials, and the power to distribute "bills of credit." When people champion the cause of reclaiming state power from the feds, are matters like these at the tops of their lists of priorities?

Monday, August 18, 2014

The Provisional Army of the Confederate States.

The Army of the Confederate States of America was established by the Provisional Congress in March 1861 but NEVER really came into existence. There was never an officially recognized Federal centralized government Confederate Army. Even so a rank structure for the regular Army was established (as per the CS Army Regulations of 1863) differing from that of the Provisional Army in the event a Federal Army was organized.

 So what do I mean by this you ask.

The Army that fought the war was the volunteer or Provisional Army and NOT the Federal Confederate Army. Under Congressional Acts President Davis assumed control of all military operations and received state forces and 1000,000 volunteers for a one years term of service (same time as Lincolns call to the states for 75,000 but for a lesser term)

By May of 61 the Confederate Congress then voted to extend such terms for the duration of the war. With many exceptions and desertions making this a Rich mans war and poor mans fight.

A month before the Civil War broke out, the Confederate government took steps to raise 3 district armies. In time, 2 of these-militia enlisted for 12 months service and volunteers recruited for the duration of the conflict-became inextricable entwine, organizationally and administratively. Although only the militia was originally designated by the term, both forces became known as the Provisional Army of the Confederate States. The act of 6 mar. 1861 that organized these forces also provided for the establishment of the Army of the Confederate States of America, a counterpart to the U.S. Regular Army.
At the outset, Confederate officials projected this Regular force to number about 10,000 officers and men, a figure that President Jefferson Davis later cited as proof that "the wish and policy" of his government "was peace." Early legislation called for this force to consist of a corps of engineers, 1 regiment of cavalry, 6 regiments of infantry, a corps of artillery (which would also handle ordinance duties) and 4 staff bureaus: the adjutant and inspector general's, the quartermaster general's, the commissary general's, and the medical departments. Later laws increased the number of cavalry and infantry regiments, one of the foot units being designated a Zouave outfit, as well as the size of the engineer corps and each staff bureau. No officer above the rank of brigadier general would be assigned to the combat arms, while each staff department was to be headed by a colonel.

The chief value of this force was as an administrative arm into which former U.S. Army officers were accepted just before the shooting started. Intended as a peacetime establishment, it lost much of its utility once it became evident that militia and volunteers would carry the bulk of the South's combat burden and when new laws permitted Regular officers to hold the rank in the Provisional Army as well. When money appropriated for the raising, organizing, and equipping of Regular units was diverted to the Provisional, the recruiting of Regulars declined sharply. In consequence, that army attained a fraction of its intended size. Although the Official Records mention numerous Regular units (1 battery, 12 cavalry and 7 infantry regiments, and various independent companies of line and support troops), other sources indicate that only 750 officers and 1,000 enlisted men served in the Confederate Regular Army and that only 5 companies remained in existence through most of the war.

Because of its political philosophy, the Confederacy could not easily form an effective field army. Confederate officials, though supporting state sovereignty, believed the new nation required a military establishment controlled by the central government to ensure organizational stability and facilitate recruitment, supply , and training. Even before the war broke out, they sought a small army of about 10,000, roughly equivalent to the Regular Army of the U.S. (previously mentioned), to be raised, maintained, and employed by the authorities in Richmond. Soon, however, it became clear that war would come before so complex a force could be formed.

Officially, the troops composing the Provisional Army of the Confederate states were made available to the government by consent of the southern governors, who retained authority over the raising, organizing, and maintaining of units, including the appointment of their officers. But in May 1861 President Jefferson Davis was granted the authority to accept volunteer units without state consent, to appoint their field officers, and to form and staff brigades and larger formations. Additional legislation, increasing the central government's authority over the army, lengthened enlistment terms to cover the duration of the war, implemented conscription, and organized government bureaus that effectively transferred unit recruiting and organization from the state capitals to Richmond.

In April 62 The Confederate Congress conscripted men from the ages 18 thru 35. These making it the first time men were drafted directly into the Provisional Army. Confederate territory was organized into departments and generally given names by the locations they originated.
In effect, this army, designed to be an interim expedient became the virtually the sole Confederate fighting force.
Source: Some  taken from "The Historical Times Encyclopedia of the Civil War." “ The Encyclopedia of the Confederacy” “My personal synopious and research”

http://www.worldcat.org/title/regulations-for-the-army-of-the-confederate-states-1863-with-a-full-index-by-authority-of-the-war-department/oclc/3746360