FEBRUARY 8, 1861:
“The Confederate States of America” adopts a Constitution at
Montgomery. The document closely mirrors the U.S. Constitution, though slavery
is expressly legalized, and, like the Articles of Confederation, the central
government is granted much less power, and the States more power, than the existing
U.S. government:
CONSTITUTION
OF THE PROVISIONAL GOVERNMENT OF THE CONFEDERATE STATES OF AMERICA
Preamble
We, the people of the
Confederate States, each State acting in its sovereign and independent
character, in order to form a permanent federal government, establish justice,
insure domestic tranquillity, and secure the blessings of liberty to ourselves and
our posterity invoking the favor and guidance of Almighty God do ordain and
establish this Constitution for the Confederate States of America.
Article I
Section I. All
legislative powers herein delegated shall be vested in a Congress of the
Confederate States, which shall consist of a Senate and House of
Representatives.
Sec. 2. (I) The House
of Representatives shall be composed of members chosen every second year by the
people of the several States; and the electors in each State shall be citizens
of the Confederate States, and have the qualifications requisite for electors
of the most numerous branch of the State Legislature; but no person of foreign
birth, not a citizen of the Confederate States, shall be allowed to vote for
any officer, civil or political, State or Federal.
(2) No person shall
be a Representative who shall not have attained the age of twenty-five years,
and be a citizen of the Confederate States, and who shall not when elected, be
an inhabitant of that State in which he shall be chosen.
(3) Representatives
and direct taxes shall be apportioned among the several States, which may be
included within this Confederacy, according to their respective numbers, which
shall be determined by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians not taxed,
three-fifths of all slaves. ,The actual enumeration shall be made within three
years after the first meeting of the Congress of the Confederate States, and
within every subsequent term of ten years, in such manner as they shall by law
direct. The number of Representatives shall not exceed one for every fifty
thousand, but each State shall have at least one Representative; and until such
enumeration shall be made, the State of South Carolina shall be entitled to
choose six; the State of Georgia ten; the State of Alabama nine; the State of
Florida two; the State of Mississippi seven; the State of Louisiana six; and
the State of Texas six.
(4) When vacancies
happen in the representation from any State the executive authority thereof
shall issue writs of election to fill such vacancies.
(5) The House of
Representatives shall choose their Speaker and other officers; and shall have
the sole power of impeachment; except that any judicial or other Federal
officer, resident and acting solely within the limits of any State, may be
impeached by a vote of two-thirds of both branches of the Legislature thereof.
Sec. 3. (I) The
Senate of the Confederate States shall be composed of two Senators from each
State, chosen for six years by the Legislature thereof, at the regular session
next immediately preceding the commencement of the term of service; and each
Senator shall have one vote.
(2) Immediately after
they shall be assembled, in consequence of the first election, they shall be
divided as equally as may be into three classes. The seats of the Senators of
the first class shall be vacated at the expiration of the second year; of the
second class at the expiration of the fourth year; and of the third class at
the expiration of the sixth year; so that one-third may be chosen every second
year; and if vacancies happen by resignation, or other wise, during the recess
of the Legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the Legislature, which shall then fill
such vacancies.
(3) No person shall
be a Senator who shall not have attained the age of thirty years, and be a
citizen of the Confederate States; and who shall not, then elected, be an
inhabitant of the State for which he shall be chosen.
(4) The Vice
President of the Confederate States shall be president of the Senate, but shall
have no vote unless they be equally divided.
(5) The Senate shall
choose their other officers; and also a president pro tempore in the absence of
the Vice President, or when he shall exercise the office of President of the
Confederate states.
(6) The Senate shall
have the sole power to try all impeachments. When sitting for that purpose,
they shall be on oath or affirmation. When the President of the Confederate
States is tried, the Chief Justice shall preside; and no person shall be
convicted without the concurrence of two-thirds of the members present.
(7) Judgment in cases
of impeachment shall not extend further than to removal from office, and
disqualification to hold any office of honor, trust, or profit under the
Confederate States; but the party convicted shall, nevertheless, be liable and
subject to indictment, trial, judgment, and punishment according to law.
Sec. 4. (I) The
times, places, and manner of holding elections for Senators and Representatives
shall be prescribed in each State by the Legislature thereof, subject to the
provisions of this Constitution; but the Congress may, at any time, by law,
make or alter such regulations, except as to the times and places of choosing
Senators.
(2) The Congress
shall assemble at least once in every year; and such meeting shall be on the
first Monday in December, unless they shall, by law, appoint a different day.
Sec. 5. (I) Each
House shall be the judge of the elections, returns, and qualifications of its
own members, and a majority of each shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner and under such
penalties as each House may provide.
(2) Each House may
determine the rules of its proceedings, punish its members for disorderly
behavior, and, with the concurrence of two-thirds of the whole number, expel a
member.
(3) Each House shall
keep a journal of its proceedings, and from time to time publish the same,
excepting such parts as may in their judgment require secrecy; and the yeas and
nays of the members of either House, on any question, shall, at the desire of
one-fifth of those present, be entered on the journal.
(4) Neither House,
during the session of Congress, shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the
two Houses shall be sitting.
Sec. 6. (I) The
Senators and Representatives shall receive a compensation for their services,
to be ascertained by law, and paid out of the Treasury of the Confederate
States. They shall, in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at the session of
their respective Houses, and in going to and returning from the same; and for
any speech or debate in either House, they shall not be questioned in any other
place. 'o Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
Confederate States, which shall have been created, or the emoluments whereof
shall have been increased during such time; and no person holding any office
under the Confederate States shall be a member of either House during his
continuance in office. But Congress may, by law, grant to the principal officer
in each of the Executive Departments a seat upon the floor of either House,
with the privilege of discussing any measures appertaining to his department.
Sec. 7. (I) All bills
for raising revenue shall originate in the House of Representatives; but the
Senate may propose or concur with amendments, as on other bills.
(2) Every bill which
shall have passed both Houses, shall, before it becomes a law, be presented to
the President of the Confederate States; if he approve, he shall sign it; but
if not, he shall return it, with his objections, to that House in which it
shall have originated, who shall enter the objections at large on their
journal, and proceed to reconsider it. If, after such reconsideration,
two-thirds of that House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two-thirds of that House, it shall become a
law. But in all such cases, the votes of both Houses shall be determined by
yeas and nays, and the names of the persons voting for and against the bill
shall be entered on the journal of each House respective}y. If any bill shall
not be returned by the President within ten days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like manner as if
he had signed it, unless the Congress, by their adjournment, prevent its
return; in which case it shall not be a law. The President may approve any
appropriation and disapprove any other appropriation in the same bill. In such
case he shall, in signing the bill, designate the appropriations disapproved;
and shall return a copy of such appropriations, with his objections, to the
House in which the bill shall have originated; and the same proceedings shall
then be had as in case of other bills disapproved by the President.
(3) Every order,
resolution, or vote, to which the concurrence of both Houses may be necessary
(except on a question of adjournment) shall be presented to the President of
the Confederate States; and before the same shall take effect, shall be
approved by him; or, being disapproved by him, shall be repassed by two-thirds
of both Houses, according to the rules and limitations prescribed in case of a
bill.
Sec. 8. The Congress
shall have power-
(I) To lay and
collect taxes, duties, imposts, and excises for revenue, necessary to pay the
debts, provide for the common defense, and carry on the Government of the
Confederate States; but no bounties shall be granted from the Treasury; nor
shall any duties or taxes on importations from foreign nations be laid to
promote or foster any branch of industry; and all duties, imposts, and excises
shall be uniform throughout the Confederate States.
(2) To borrow money
on the credit of the Confederate States.
(3) To regulate
commerce with foreign nations, and among the several States, and with the
Indian tribes; but neither this, nor any other clause contained in the
Constitution, shall ever be construed to delegate the power to Congress to
appropriate money for any internal improvement intended to facilitate commerce;
except for the purpose of furnishing lights, beacons, and buoys, and other aids
to navigation upon the coasts, and the improvement of harbors and the removing
of obstructions in river navigation; in all which cases such duties shall be
laid on the navigation facilitated thereby as may be necessary to pay the costs
and expenses thereof.
(4) To establish
uniform laws of naturalization, and uniform laws on the subject of
bankruptcies, throughout the Confederate States; but no law of Congress shall
discharge any debt contracted before the passage of the same.
(5) To coin money,
regulate the value thereof, and of foreign coin, and fix the standard of
weights and measures.
(6) To provide for
the punishment of counterfeiting the securities and current coin of the
Confederate States.
(7) To establish post
offices and post routes; but the expenses of the Post Office Department, after
the Ist day of March in the year of our Lord eighteen hundred and sixty-three,
shall be paid out of its own revenues.
(8) To promote the
progress of science and useful arts, by securing for limited times to authors
and inventors the exclusive right to their respective writings and discoveries.
(9) To constitute
tribunals inferior to the Supreme Court.
(10) To define and
punish piracies and felonies committed on the high seas, and offenses against
the law of nations.
(11) To declare war,
grant letters of marque and reprisal, and make rules concerning captures on
land and water.
(12) To raise and
support armies; but no appropriation of money to that use shall be for a longer
term than two years.
(13) To provide and
maintain a navy.
(14) To make rules
for the government and regulation of the land and naval forces.
(15) To provide for
calling forth the militia to execute the laws of the Confederate States,
suppress insurrections, and repel invasions.
(16) To provide for
organizing, arming, and disciplining the militia, and for governing such part
of them as may be employed in the service of the Confederate States; reserving
to the States, respectively, the appointment of the officers, and the authority
of training the militia according to the discipline prescribed by Congress.
(17) To exercise
exclusive legislation, in all cases whatsoever, over such district (not
exceeding ten miles square) as may, by cession of one or more States and the
acceptance of Congress, become the seat of the Government of the Confederate
States; and to exercise like authority over all places purchased by the consent
of the Legislature of the State in which the same shall be, for the . erection
of forts, magazines, arsenals, dockyards, and other needful buildings; and
(18) To make all laws
which shall be necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution in the Government of
the Confederate States, or in any department or officer thereof.
Sec. 9. (I) The
importation of negroes of the African race from any foreign country other than
the slaveholding States or Territories of the United States of America, is
hereby forbidden; and Congress is required to pass such laws as shall
effectually prevent the same.
(2) Congress shall
also have power to prohibit the introduction of slaves from any State not a member
of, or Territory not belonging to, this Confederacy.
(3) The privilege of
the writ of habeas corpus shall not be suspended, unless when in cases of
rebellion or invasion the public safety may require it.
(4) No bill of
attainder, ex post facto law, or law denying or impairing the right of property
in negro slaves shall be passed.
(5) No capitation or
other direct tax shall be laid, unless in proportion to the census or
enumeration hereinbefore directed to be taken.
(6) No tax or duty
shall be laid on articles exported from any State, except by a vote of
two-thirds of both Houses.
(7) No preference
shall be given by any regulation of commerce or revenue to the ports of one
State over those of another.
(8) No money shall be
drawn from the Treasury, but in consequence of appropriations made by law; and
a regular statement and account of the receipts and expenditures of all public
money shall be published from time to time.
(9) Congress shall
appropriate no money from the Treasury except by a vote of two-thirds of both
Houses, taken by yeas and nays, unless it be asked and estimated for by some
one of the heads of departments and submitted to Congress by the President; or
for the purpose of paying its own expenses and contingencies; or for the
payment of claims against the Confederate States, the justice of which shall
have been judicially declared by a tribunal for the investigation of claims
against the Government, which it is hereby made the duty of Congress to
establish.
(10) All bills
appropriating money shall specify in Federal currency the exact amount of each
appropriation and the purposes for which it is made; and Congress shall grant
no extra compensation to any public contractor, officer, agent, or servant,
after such contract shall have been made or such service rendered.
(11) No title of
nobility shall be granted by the Confederate States; and no person holding any
office of profit or trust under them shall, without the consent of the Congress,
accept of any present, emolument, office, or title of any kind whatever, from
any king, prince, or foreign state.
(12) Congress shall
make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble and petition the Government for a
redress of grievances.
(13) A well-regulated
militia being necessary to the security of a free State, the right of the
people to keep and bear arms shall not be infringed.
(14) No soldier
shall, in time of peace, be quartered in any house without the consent of the
owner; nor in time of war, but in a manner to be prescribed by law.
(15) The right of the
people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated; and no warrants
shall issue but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the persons or things to
be seized.
(16) No person shall
be held to answer for a capital or otherwise infamous crime, unless on a
presentment or indictment of a grand jury, except in cases arising in the land
or naval forces, or in the militia, when in actual service in time of war or
public danger; nor shall any person be subject for the same offense to be twice
put in jeopardy of life or limb; nor be compelled, in any criminal case, to be
a witness against himself; nor be deprived of life, liberty, or property without
due process of law; nor shall private property be taken for public use, without
just compensation.
(17) In all criminal
prosecutions the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be confronted with
the witnesses against him; to have compulsory process for obtaining witnesses
in his favor; and to have the assistance of counsel for his defense.
(18) In suits at
common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved; and no fact so tried by a jury shall
be otherwise reexamined in any court of the Confederacy, than according to the
rules of common law.
(19) Excessive bail
shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
(20) Every law, or
resolution having the force of law, shall relate to but one subject, and that
shall be expressed in the title.
Sec. 10. (I) No State
shall enter into any treaty, alliance, or confederation; grant letters of
marque and reprisal; coin money; make anything but gold and silver coin a
tender in payment of debts; pass any bill of attainder, or ex post facto law,
or law impairing the obligation of contracts; or grant any title of nobility.
(2) No State shall,
without the consent of the Congress, lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its inspection
laws; and the net produce of all duties and imposts, laid by any State on
imports, or exports, shall be for the use of the Treasury of the Confederate
States; and all such laws shall be subject to the revision and control of
Congress.
(3) No State shall,
without the consent of Congress, lay any duty on tonnage, except on seagoing
vessels, for the improvement of its rivers and harbors navigated by the said
vessels; but such duties shall not conflict with any treaties of the
Confederate States with foreign nations; and any surplus revenue thus derived
shall, after making such improvement, be paid into the common treasury. Nor
shall any State keep troops or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent danger as will not admit of
delay. But when any river divides or flows through two or more States they may
enter into compacts with each other to improve the navigation thereof.
ARTICLE
II
Section I. (I) The
executive power shall be vested in a President of the Confederate States of
America. He and the Vice President shall hold their offices for the term of six
years; but the President shall not be reeligible. The President and Vice
President shall be elected as follows:
(2) Each State shall
appoint, in such manner as the Legislature thereof may direct, a number of
electors equal to the whole number of Senators and Representatives to which the
State may be entitled in the Congress; but no Senator or Representative or
person holding an office of trust or profit under the Confederate States shall
be appointed an elector.
(3) The electors
shall meet in their respective States and vote by ballot for President and Vice
President, one of whom, at least, shall not be an inhabitant of the same State
with themselves; they shall name in their ballots the person voted for as
President, and in distinct ballots the person voted for as Vice President, and
they shall make distinct lists of all persons voted for as President, and of
all persons voted for as Vice President, and of the number of votes for each,
which lists they shall sign and certify, and transmit, sealed, to the seat of
the Government of. the Confederate States, directed to the President of the
Senate; the President of the Senate shall,in the presence of the Senate and
House of Representatives, open all the certificates, and the votes shall then
be counted; the person having the greatest number of votes for President shall
be the President, if such number be a majority of the whole number of electors
appointed; and if no person have such majority, then from the persons having
the highest numbers, not exceeding three, on the list of those voted for as
President, the House of Representatives shall choose immediately, by ballot,
the President. But in choosing the President the votes shall be taken by
States, the representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the States, and
a majority of all the States shall be necessary to a choice. And if the House
of Representatives shall not choose a President, whenever the right of choice
shall devolve upon them, before the 4th day of March next following, then the
Vice President shall act as President, as in case of the death, or other
constitutional disability of the President.
(4) The person having
the greatest number of votes as Vice President shall be the Vice President, if
such number be a majority of the whole number of electors appointed; and if no
person have a majority, then, from the two highest numbers on the list, the
Senate shall choose the Vice President; a quorum for the purpose shall consist
of two-thirds of the whole number of Senators, and a majority of the whole
number shall be necessary to a choice.
(5) But no person
constitutionally ineligible to the office of President shall be eligible to
that of Vice President of the Confederate States.
(6) The Congress may
determine the time of choosing the electors, and the day on which they shall
give their votes; which day shall be the same throughout the Confederate
States.
(7) No person except
a natural-born citizen of the Confederate; States, or a citizen thereof at the
time of the adoption of this Constitution, or a citizen thereof born in the
United States prior to the 20th of December, 1860, shall be eligible to the
office of President; neither shall any person be eligible to that office who
shall not have attained the age of thirty-five years, and been fourteen years a
resident within the limits of the Confederate States, as they may exist at the
time of his election.
(8) In case of the
removal of the President from office, or of his death, resignation, or
inability to discharge the powers and duties of said office, the same shall
devolve on the Vice President; and the Congress may, by law, provide for the
case of removal, death, resignation, or inability, both of the President and
Vice President, declaring what officer shall then act as President; and such officer
shall act accordingly until the disability be removed or a President shall be
elected.
(9) The President
shall, at stated times, receive for his services a compensation, which shall
neither be increased nor diminished during the period for which he shall have
been elected; and he shall not receive within that period any other emolument
from the Confederate States, or any of them.
(10) Before he enters
on the execution of his office he shall take the following oath or affirmation:
Sec. 2. (I) The
President shall be Commander-in-Chief of the Army and Navy of the Confederate
States, and of the militia of the several States, when called into the actual
service of the Confederate States; he may require the opinion, in writing, of
the principal officer in each of the Executive Departments, upon any subject
relating to the duties of their respective offices; and he shall have power to
grant reprieves and pardons for offenses against the Confederate States, except
in cases of impeachment.
(2) He shall have
power, by and with the advice and consent of the Senate, to make treaties;
provided two-thirds of the Senators present concur; and he shall nominate, and
by and with the advice and consent of the Senate shall appoint, ambassadors,
other public ministers and consuls, judges of the Supreme Court, and all other
officers of the Confederate States whose appointments are not herein otherwise
provided for, and which shall be established by law; but the Congress may, by
law, vest the appointment of such inferior officers, as they think proper, in
the President alone, in the courts of law, or in the heads of departments.
(3) The principal
officer in each of the Executive Departments, and all persons connected with
the diplomatic service, may be removed from office at the pleasure of the
President. All other civil officers of the Executive Departments may be removed
at any time by the President, or other appointing power, when their services
are unnecessary, or for dishonesty, incapacity. inefficiency, misconduct, or
neglect of duty; and when so removed, the removal shall be reported to the
Senate, together with the reasons therefor.
(4) The President
shall have power to fill all vacancies that may happen during the recess of the
Senate, by granting commissions which shall expire at the end of their next
session; but no person rejected by the Senate shall be reappointed to the same
office during their ensuing recess.
Sec. 3. (I) The
President shall, from time to time, give to the Congress information of the
state of the Confederacy, and recommend to their consideration such measures as
he shall judge necessary and expedient; he may, on extraordinary occasions,
convene both Houses, or either of them; and in case of disagreement between
them, with respect to the time of adjournment, he may adjourn them to such time
as he shall think proper; he shall receive ambassadors and other public
ministers; he shall take care that the laws be faithfully executed, and shall
commission all the officers of the Confederate States.
Sec. 4. (I) The
President, Vice President, and all civil officers of the Confederate States,
shall be removed from office on impeachment for and conviction of treason,
bribery, or other high crimes and misdemeanors.
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.
ARTICLE
IV
Section I. (I) Full
faith and credit shall be given in each State to the public acts, records, and
judicial proceedings of every other State; and the Congress may, by general
laws, prescribe the manner in which such acts, records, and proceedings shall
be proved, and the effect thereof.
Sec. 2. (I) The
citizens of each State shall be entitled to all the 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.
(2) A person charged
in any State with treason, felony, or other crime against the laws of such
State, who shall flee from justice, and be found in another State, shall, on
demand of the executive authority of the State from which he fled, be delivered
up, to be removed to the State having jurisdiction of the crime.
(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 lawfully 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.
Sec. 3. (I) Other
States may be admitted into this Confederacy by a vote of two-thirds of the
whole House of Representatives and two-thirds of the Senate, the Senate voting
by States; but no new State shall be formed or erected within the jurisdiction
of any other State, nor any State be formed by the junction of two or more
States, or parts of States, without the consent of the Legislatures of the
States concerned, as well as of the Congress.
(2) The Congress
shall have power to dispose of and make allneedful rules and regulations
concerning the property of the Confederate States, including the lands thereof.
(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 Sates; 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 be 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.
(4) The Confederate
States shall guarantee to every State that now is, or hereafter may become, a
member of this Confederacy, a republican form of government; and shall protect
each of them against invasion; and on application of the Legislature or of the
Executive when the Legislature is not in session) against domestic violence.
ARTICLE V
Section I. (I) Upon
the demand of any three States, legally assembled in their several conventions,
the Congress shall summon a convention of all the States, to take into
consideration such amendments to the Constitution as the said States shall
concur in suggesting at the time when the said demand is made; and should any
of the proposed amendments to the Constitution be agreed on by the said
convention, voting by States, and the same be ratified by the Legislatures of
two- thirds of the several States, or by conventions in two-thirds thereof, as
the one or the other mode of ratification may be proposed by the general
convention, they shall thenceforward form a part of this Constitution. But no
State shall, without its consent, be deprived of its equal representation in
the Senate.
ARTICLE
VI
I. The Government
established by this Constitution is the successor of the Provisional Government
of the Confederate States of America, and all the laws passed by the latter
shall continue in force until the same shall be repealed or modified; and all
the officers appointed by the same shall remain in office until their
successors are appointed and qualified, or the offices abolished.
2. All debts
contracted and engagements entered into before the adoption of this
Constitution shall be as valid against the Confederate States under this
Constitution, as under the Provisional Government.
3. This Constitution,
and the laws of the Confederate States made in pursuance thereof, and all
treaties made, or which shall be made, under the authority of the Confederate
States, shall be the supreme law of the land; and the judges in every State
shall be bound thereby, anything in the constitution or laws of any State to
the contrary notwithstanding.
4. The Senators and
Representatives before mentioned, and the members of the several State
Legislatures, and all executive and judicial officers, both of the Confederate
States and of the several States, shall be bound by oath or affirmation to
support this Constitution; but no religious test shall ever be required as a qualification
to any office or public trust under the Confederate States.
5. The enumeration,
in the Constitution, of certain rights shall not be construed to deny or
disparage others retained by the people of the several States.
6. The powers not
delegated to the Confederate States by the Constitution, nor prohibited by it
to the States, are reserved to the States, respectively, or to the people
thereof.
ARTICLE
VII
I. The ratification
of the conventions of five States shall be sufficient for the establishment of
this Constitution between the States so ratifying the same.
2. When five States
shall have ratified this Constitution, in the manner before specified, the
Congress under the Provisional Constitution shall prescribe the time for
holding the election of President and Vice President; and for the meeting of
the Electoral College; and for counting the votes, and inaugurating the
President. They shall, also, prescribe the time for holding the first election
of members of Congress under this Constitution, and the time for assembling the
same. Until the assembling of such Congress, the Congress under the Provisional
Constitution shall continue to exercise the legislative powers granted them;
not extending beyond the time limited by the Constitution of the Provisional
Government.
Adopted unanimously
by the Congress of the Confederate States of South Carolina, Georgia, Florida,
Alabama, Mississippi, Louisiana, and Texas, sitting in convention at the
capitol, the city of Montgomery, Ala., on the eleventh day of March, in the
year eighteen hundred and Sixty-one.
HOWELL COBB, President of the Congress.
South Carolina: R. Barnwell Rhett, C. G. Memminger, Wm.
Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Lawrence
M. Keitt, T. J. Withers.
Georgia: Francis S. Bartow, Martin J. Crawford,
Benjamin H. Hill, Thos. R. R. Cobb.
Florida: Jackson Morton, J. Patton Anderson, Jas. B.
Owens.
Alabama: Richard W. Walker, Robt. H. Smith, Colin J.
McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno.
Gill Shorter, J. L. M. Curry.
Mississippi: Alex. M. Clayton, James T. Harrison, William
S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell.
Louisiana: Alex. de Clouet, C. M. Conrad, Duncan F.
Kenner, Henry Marshall.
Texas: John Hemphill, Thomas N. Waul, John H.
Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck
Ochiltree.
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