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forum Forum index forumCamp Gossip forumNew thought provoking question.

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 Ken Cornett
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 Posts : 1566
 "BUMMERS"
 Ken Cornett
  Posted 22/03/2007 10:49:10 AM
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"Why was a Confederate Judiciary never created?"

I found some discussion on this.  Some say the Confederecy was too new and did not have time to develop before gunfire.  Others claim they did have one.  What are your thoughts?

Thanks Greg for the nudge!

Ken Cornett
Administrator
Mason, Ohio
Mess No.1
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 lhsnj
 Posts : 607
 lhsnj
  Posted 22/03/2007 12:00:24 AM
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Ken

Well the Confederate Constitution calls for a Judiciary..

http://www.yale.edu/lawweb/avalon/csa/csa.htm#a3

ARTICLE III
Section I. (I) The judicial power of the Confederate States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

Sec. 2. (I) The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of another State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign states, citizens, or subjects; but no State shall be sued by a citizen or subject of any foreign state.

(2) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

(3) The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

Sec. 3. (I) Treason against the Confederate States shall consist only in levying war against.them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

(2) The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

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Is it possible they figured that most issues would be handled at the state level?  

While not always a credible source, on wikipedia it mentions that they never appointed judges for fear they might have too much power over the individual states.

Greg Bullock
LHSNJ
http://groups.msn.com/LivingHistorySocietyofNewJersey/_whatsnew.msnw
 toptimlrd
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 Posts : 650
 toptimlrd
  Posted 22/03/2007 05:05:05 PM
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I have to agree with what was posted above. The COnfederacy did allow for a judiciary but with the focus being on a small central government and giving local governments dominion it was probably considered to be a position that could be filled at a later time once the need began to arise.

Robert Collett
8th FL / 13th IN
Armory Guards
historicgear@aol.com
www.njsekela.com

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