[Non-Sequitur]

The people.

But not, apparently, by anyone who could have done something about such an appointment.

[nolu chan]

Your problem would seem be with the Confederate Congress and its failure to agree upon the nature of a Supreme Court and the resulting failure to create said court.

In contrast, the U.S. Congress was busy indeed, allowing Lincoln to pack SCOTUS with an extra member in 1863 by increasing the size of the Court to 10, preventing Andrew Johnson from filling any vacancies at all by reducing the size of the Court to 7 in 1866, and allowing President Grant to appoint justices by increasing the size of the Court back to 9 in 1869.