John G. Nicolay, The Outbreak of Rebellion

[41] government, to be known as “The Confederate States of America.” There was little difficulty in arriving at this result; most if not all the seceders' State conventions had declared a wish that their proposed new government should be modelled on that of the United States.

From this they proceeded to the work of framing a permanent constitution. This was a somewhat slower process, though it was also completed and adopted by the provisional Congress on March 11, 1861. Few changes from the Constitution of the United States were made. The new constitution professed to be established by “each State acting in its sovereign and independent character,” instead of simply by “We the people.” It provided that in newly acquired territory “the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the Territorial Government” ; also for the right of transit and sojourn for “slaves and other property,” and the right to reclaim “slaves and other persons” to service or labor. It did not, as consistency required, provide for the right of secession or deny the right of coercion; on the contrary all its implications were against the former and in favor of the latter, for it declared itself to be the supreme law of the land, binding on the judges in every State. It provided for the punishment of treason; and declared that no State should enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, lay duties, keep troops or ships of war in time of peace, make any compact with another State or with a foreign power — a sweeping practical negation of the whole heretical dogma of State supremacy upon which they had built their revolt.

The day after the rebel Congress adopted its provisional government, it elected (February 9, 1861) Jefferson Davis,