Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-07-06
A POINT
OF INTEREST
Why Didn't Confedsracy Have
Supreme Court?
GEN. BRADLEYr. JOHNSON
Writes FnIly on the subjcct-A Pick-
OF Elmo Incident Benring on the
QuestiOn-A Joko-A DINNER OF
tho Ro"so" fr"m judge Keith
Other Confederate Matter.

1 am asked why the Confederate
States never had IL Supreme Court.
The Constitution of the Confederate
States is u copy of that of the United
States "totidem VERBS" except where
the theory of the sovereignty of the
states required changes in the Consti-
tuition. to make that plain. Thus the
preamble of the Constitution. that fruit
ful source OF centralizing theories
reads: I'VE. the people of the United
states. in order to form q more perfect
Union" was changed to read: I'VE,
the people of the Confederate States,
each State acting in its sovereign and
Independent character, in order to form
permanent Federal Government"
Article l., section l, Constitution of
the United States: IAN legislative
powers herein granted shall be vested
IN congress" etc. was changed IAN
legislative powers herein delegated
shall be vested in a congress-" etc
me two constitutions. in parallel COL
umns, are printed as an appendix to
my Memories OF Joseph L. Johnson"
X: H. Woodward &c Co.. Baltimore,
1921. and the alterations of the consti-
tuition Of the United States are shown in
that OF the Confederate States in Ital-
les, and 1 assert here that every
amendment was an Improvement on the
original instrument. The Confederate
statesmen. who then included the lead
ing minds in America, did not propose
any change in the government. and
tney only amended the old constitution
so as TO make 1t conform to the con-
struction which they put upon it. and
which was consistent with the origin
ana history and intention of the oriCi-
nal constitution. They hoped that II
war could be avoided all the other
states except New England ones.
would come In. and form an amended
~
Ihe loss of New England they were
prepared TO bear in n resigned ana
Cnristian spirit. while they congratu-
iateo New Brunswick and Nova Scotia
on their new associates, who they
would find so agreeable to live with.
l am pound to say this Confederate
nope was superficial and baseless. They
never did understand that the war was
not ior abolition of slavery, but was n
war Tor dominion of the strong over tho
weak; or conquest of Selfishness of
hVarice. Abolition and humanity were
The pretexts; preservat ton of the Union
the mockery, but dhe reality was the
money there was in it, and the money
there would be in it when the rich nro-
ductive, agricultural South should be
made serfs to the vigorous. active in
telliSent, greedy North
Inc war was contractors war. They
pushed 1t on to get contracts and then
pressed 1t further to make those con-
tracts good
But the Constitution of the Confeda-
rate states was copy of that of the
United States. amended as have
shown.
Article III. section 1. of the old Con-
power of the United States shall hn
vested In one Supreme Court and in
such inferior courts as the Congress
may from time 10 time or(ain and es-
tablish. The amended Constitution
ADOPTS this section without change of
a word, except "Confederatc" is suh-
stltuted for "United.'
RMS is the only change as appears bv
the official copy of the Constitution Of
the confederate States, now before me-
in 1864.
I am thus particular for what mr.
ports to be the Constitution of the Con
lederate States. just published in the
Mintary history of the Confederate
states. contains a serious error 1t
prints the third article as 1.-THE judicial
power of the Confederate States SHAH
be vested in one superior court SC "
Volume MI. page 371
The Provisional Congress of the Con-
federate States. at its first session.
held at Montgomery. on March 16. 1861,
proceeded 10 organize the judicial pow
er as provided for In the Constitution.
BY Chapter LXI.-An act to establish
the Judicial courts of the Confederate
States of America-"the Congress of
the Confederate States of America 10
enact that the Supreme Court. of the
Confederate States shall hold annually
at the seat of government. one session
commencing the first Monday of Janu,
ary and continue until the business of
said court is disposed of. The second
section provides for district courts for
each State. There was no provision for
circuit courts. The act is an elaborate
provision of fifty-four sections. pre-,
scribing the Jurisdiction and mode of
procedure of the courts The Consti-
tuition provided that the President
should. by and with the advice and con-
sent OF the Senate, appoint the judges
OF the Supreme Court. but the law did
not fix the number of judges. and the
court could not be organized until such
number was fixed by Congress. At the
third session of the Provisional Con-
gress, held at Richmond, by Chapter
III. passed July 81. 1861. entitled IAN
act further to amend an act entitled
an act to establish the judicial courts
OF the Confederate States Of America"
provides "the Congress of the Con-
federate States do enact that so much
of the act approved March 16. 1861. en-
titled IAN act to establish the iudicia.
courts of the Confederate States OF
America. as directs the holding Of :,
session of the Supreme Court of The
Confederate States in January next. be
and the same is hereby. repealed. and
no session of the Supreme Court SHAH
be held until that court shall be or
ganized. under the provisions of the
permanent Constitution of the Confed-
crate States. and the laws passed in
pursuance thereof"
How n session of court could be
held before there was n court. / do not
understand. But that was the law as