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[Article IV, Section 3, pertaining to the admission of new states, came up for debate on 7 March. The next day [Thomas R.R. ] Cobb introduced the following amendment: "But no State shall be admitted which, by its constitution or laws, denies the right of property in negro slaves, or the right of the master to recapture his slaves." His amendment passed, but R. W. Walker of Alabama, the member of the committee of twelve who had framed th original section, immediately moved to reconsider the vote. His motion carried and upon reconsideration Cobb's amendment was defeated.] Thomas R.R. Cobb (1823-1862): the making of a southern nationalist By William B. McCash
Cobb wrote ...."I found out yesterday, why George Sanders was here," he wrote on 6 March. "He...is working to keep out the Constitution any clause which will exclude "Free States." The game, now, is to reconstruct under our Constitution. There will be a hard fight on this question when we reach it. Stephens and Toombs are both for leaving the door open. Wright goes with them and Hill also we fear."..."Confidentially and to be kept secret from the public, Mr. Davis is opposed to us on this point and wants to keep the doop open. The Mississippi Delegation are wax in his hands, Harris and [Alexander P.] Clayton leading them and both obsequiously anxious to please. I am much afraid of the results" Cobb letters.
[Alexander H. Stephens and R. H. Smith of Alabama, both of whom welcomed the possibility of uniting the Northwest and the Confederacy.] Thomas R.R. Cobb (1823-1862): the making of a southern nationalist By William B. McCash
As Cobb predicted, Toombs, Stephens, Hill, Wright, and the entire Mississippi delegation opposed his proposal. On the final vote the Georgia delegation was divided four to four due to the absence of A. H. Kenan, upon whom Cobb depended for support. The division was not decisive, however, because only two states favored the exclusion, while four were against it. Hence, the vote of Georgia could not have altered the result. Confederate Journal, 1 885-86.
"Thus slavery was not a constitutional prerequisite for admission, and once admitted, a state could either recognize or prohibit the institution. Senator Albert G. Brown of Mississippi stated the Southern concensus on this issue when he maintained the "each State is sovereign within its own limits; and that each for itself can abolish or establish slavery for itself."
The Confederate Constitution of 1861 by Marshall L. DeRosa.
Biography: Dr. DeRosa received his Ph.D. and M.A. from the University of Houston and his B. A. from West Virginia University, Magna Cum Laude. He has taught at Davis and Elkins College (1985-1988), Louisiana State University (1988-1990), and Florida Atlantic University (1990-Present). He is a Salvatori Fellow with the Heritage Foundation and full professor in the Department of Political Science. He has published articles and reviews in professional journals, book chapters, and three books. His teaching specializations are American Constitutional Law and Policymaking, International Law, Law and American Society, and the Judicial Process. He resides in Wellington, FL, with his wife and four children.
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David Upton