We should not be celebrating the history of the Confederacy.

With many discussions arising as remnants of the Southern Confederacy are being removed from places of prominence and celebration, I wanted to surface a few relevant sections of the Constitution of the Confederacy that may enlighten us.

These speak nothing to the grotesque evils done to Black men, women and children by many who lived in and fought for the Confederate South. They merely outline the construction of the government that was fought for in the Civil War, and the darkness that existed in its core.

What we know today as the “Confederate Flag” is actually a variation the battle flag of Robert E. Lee’s Army of Northern Virginia, and is most similar to a flag used “by the Army of Tennessee under General Joseph E. Johnston” (1). In the past several decades various forms of the Confederate flag have resurfaced in the mainstream, often used by white supremacists and hate groups as a symbol of racism and white power.

But the appropriation of the symbol, is not the only shadow on it’s record. Thousands of men fought one of the most grueling and costly wars in the history of America, defending a new country with new ideals; and central to their pursuit was the freedom to own slaves.

Slavery and the oppression of Black people was a core component of the Southern Confederacy. In fact, Black people were not even acknowledged as humans! While there are multiple factual, historical instances of this, here is one example:

“In 1863, the Confederate government purchased the Brierfield operation” — an iron factory used to make the materials need to build weapons of war — “for $600,000, so that it could directly control its output. The purchase encompassed ‘its property of all kinds whatsoever,’ including thousands of acres of land and a catalogue of dozens of wagons, wheelbarrows, coal sleds, axes, and blacksmith tools. On the list of livestock were seventy mules, forty-one oxen, and nine black men…” Slavery By Another Name, Douglas A. Blackmon

There is more to our history that has been taught to us, and it would serve us all well to listen, and learn what actually happened, rather than apply our opinions and experience to the world and assume them as objective fact.

Constitution of the Confederacy

Below are certain sections from the Constitution of the Confederacy highlighting some the problems with the Southern Confederacy, specifically centered around slavery. You can see the full document here.

Article 1

Section 9(4)

No bill of attainder or ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

Translation: No laws shall ever be passed that prevent the ownership of Black slaves.

Article IV

Section 2(1)

The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

Translation: Regardless of where a citizen of the Confederacy lives or travels to, they are entitled to maintain ownership of their property, including black people.

Section 2(3)

No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or unlawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

Translation: If a slave escapes or is stolen, the law requires that they be returned to their owners without question.

Section 3(3)

The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such 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; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.

Translation: Any new states or territories added to the Confederacy need to recognize and maintain slavery, and any existing slave owner shall be allowed to continue owning slaves.