Representatives shall receive a Representatives shall receive a
compensation for their Services, compensation for their services,
to be ascertained by Law, and paid to be ascertained by law, and paid
out of the Treasury of the United out of the treasury of the
States. They shall in all cases, _Confederate_ States. They shall
except Treason, Felony and Breach in all cases, except treason,
of the Peace, be privileged from felony, and breach of peace, be
Arrest during their Attendance at privileged from arrest during
the Session of their respective their attendance at the session of
Houses, and in going to and their respective Houses, and in
returning from the same, and for going to and returning from the
any Speech or Debate in either same; and for any speech or debate
House, they shall not be in either House, they shall not be
questioned in any other Place. questioned in any other place.
No Senator or Representative shall, No Senator or Representative shall,
during the time for which he was during the time for which he was
elected, be appointed to any civil elected, be appointed to any civil
Office under the Authority of the office under the authority of the
United States, which shall have _Confederate_ States, which shall
been created, or the Emoluments have been created, or the
whereof shall have been increased emoluments whereof shall have been
during such time; and no Person increased during such time; and no
holding any Office under the person holding any office under
United States, shall be a Member the _Confederate_ States shall be
of either House during his a member of either House during
Continuance in Office. 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._
SECTION 7. All Bills for raising SECTION 7. All bills for raising
Revenue shall originate in the _the_ revenue shall originate in
House of Representatives; but the the House of Representatives; but
Senate may propose or concur with the Senate may propose or concur
Amendments as on other Bills. with the amendments, as on other
bills.
Every Bill which shall have passed Every bill which shall have passed
the House of Representatives and _both Houses_, shall, before it
the Senate, shall, before it becomes a law, be presented to the
become a Law, be presented to the President of the _Confederate_
President of the United States; if States; if he approve, he shall
he approve, he shall sign it, but sign it; but if not, he shall
if not he shall return it, with return it, with his objections, to
his Objections, to that House in that House in which it shall have
which it shall have originated, originated, who shall enter the
who shall enter the Objections at objections at large on their
large on their Journal, and journal, and proceed to
proceed to reconsider it. If after reconsider it. If, after such
such Reconsideration two-thirds of reconsideration, two-thirds of
that House shall agree to pass the that House shall agree to pass the
Bill, it shall be sent, together bill, it shall be sent, together
with the Objections, to the other with the objections, to the other
House, by which it shall likewise House, by which it shall likewise
be reconsidered, and if approved be reconsidered, and if approved
by two-thirds of that house, it by two-thirds of that House, it
shall become a Law. But in all shall become a law. But in all
such Cases the Votes of Both such cases, the votes of both
Houses shall be determined by Yeas Houses shall be determined by yeas
and Nays, and the Names of the and nays, and the names of the
Persons voting for and against the persons voting for and against the
Bill shall be entered on the bill shall be entered on the
Journal of each House journal of each House
respectively. If any Bill shall respectively. If any bill shall
not be returned by the President not be returned by the President
within ten Days (Sundays excepted) within ten days (Sundays excepted)
after it shall have been presented after it shall have been presented
to him, the Same shall be a law, to him, the same shall be a law,
in like Manner as if he had signed in like manner as if he had signed
it, unless the Congress by their it, unless the Congress, by their
Adjournment prevent its Return, in adjournment, prevent its return;
which Case it shall not be a Law. 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._
Every Order, Resolution, or Vote, Every order, resolution or vote, to
to which the Concurrence of the which the concurrence of _both
Senate and House of Houses_ may be necessary, (except
Representatives may be necessary on a question of adjournment,)
(except on a question of shall be presented to the
Adjournment) shall be presented to President of the _Confederate_
the President of the United States; and, before the same shall
States; and before the Same shall take effect, shall be approved by
take Effect, shall be approved by him; or, being disapproved, shall
him, or being disapproved by him, be re-passed by two-thirds of
shall be re-passed by two-thirds _both Houses_, according to the
of the Senate and House of rules and limitations prescribed
Representatives, according to the in case of a bill.
Rules and Limitations prescribed
in the Case of a Bill.
SECTION 8. The Congress shall have SECTION 8. The Congress shall have
Power power—
To lay and collect Taxes, Duties, To lay and collect taxes, duties,
Imposts and Excises, to pay the imposts, and excises, _for revenue
Debts and provide for the common necessary_ to pay the debts,
Defence and general Welfare of the provide for the common defence,
United States; but all Duties, _and carry on the government of
Imposts and Excises shall be the Confederate_ States; but _no
uniform throughout the United bounties shall be granted from the
States; 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_:
To borrow Money on the credit of To borrow money on the credit of
the United States; the _Confederate_ States:
To regulate Commerce with foreign To regulate commerce with foreign
Nations, and among the several nations, and among the several
States, and with the Indian States, and with the Indian
Tribes; 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_:
To establish an uniform Rule of To establish uniform _laws_ of
Naturalization, and uniform Laws naturalization, and uniform laws
on the subject of Bankruptcies on the subject of bankruptcies,
throughout the United States; throughout the _Confederate_
States; _but no law of Congress
shall discharge any debt
contracted before the passage
of the same_:
To coin Money, regulate the Value To coin money, regulate the value
thereof, and of foreign Coin, and thereof and of foreign coin, and
fix the Standard of Weights and fix the standard of weights and
Measures; measures:
To provide for the punishment of To provide for the punishment of
counterfeiting the Securities and counterfeiting the securities and
current Coin of the United States; current coin of the _Confederate_
States:
To establish Post Offices and post To establish post-offices and post
Roads; _routes; but the expenses of
the Post-office Department,
after the first day of March in
the year of our Lord eighteen
hundred and sixty-three, shall be
paid out of its own revenue_:
To promote the progress of Science To promote the progress of science
and useful Arts, by securing for and useful arts, by securing for
limited Times to Authors and limited times to authors and
Inventors the exclusive Right to inventors the exclusive right to
their respective Writings and their respective writings and
discoveries; discoveries:
To constitute Tribunals inferior To constitute tribunals inferior
to the Supreme Court; to the Supreme Court:
To define and punish Piracies and To define and punish piracies and
Felonies committed on the high felonies committed on the high
seas, and Offences against the seas, and offences against the law
Law of Nations; of nations:
To declare War, grant Letters of To declare war, grant letters of
Marque and Reprisal, and make marque and reprisal, and make
Rules concerning Captures on Land rules concerning captures on land
and Water; and on water:
To raise and support Armies, but no To raise and support armies; but no
Appropriation of Money to that Use appropriation of money to that use
shall be for a longer Term than shall be for a longer term than
two Years; two years:
To provide and maintain a Navy; To provide and maintain a navy:
To make Rules for the Government To make rules for the government
and Regulation of the land and and regulation of the land and
naval Forces; naval forces:
To provide for calling forth the To provide for calling forth the
Militia to execute the Laws of the militia to execute the laws of the
Union, suppress Insurrections and _Confederate_ States, suppress
repel invasion; insurrections, and repel
invasions:
To provide for organizing, arming, To provide for organizing, arming,
and disciplining, the Militia, and and disciplining the militia, and
for governing such Part of them as for governing such part of them as
may be employed in the Service of may be employed in the service of
the United States, reserving to the _Confederate_ States;
the States respectively, the reserving to the States,
Appointment of the Officers, and respectively, the appointment of
the Authority of training the the officers, and the authority of
Militia according to the training the militia according to
Discipline prescribed by Congress; the discipline prescribed by
Congress:
To exercise exclusive Legislation To exercise exclusive legislation,
in all Cases whatsoever, over such in all such cases whatsoever, over
District (not exceeding ten Miles such district (not exceeding ten
square) as may, by Cession of miles square) as may, by cession
particular States, and the of _one or more_ States and the
Acceptance of Congress, become the acceptance of Congress, become the
Seat of the Government of the seat of the government of the
United States, and to exercise _Confederate_ States: and to
like Authority over all Places exercise like authority over all
purchased by the Consent of the places purchased by the consent of
Legislature of the State in which the legislature of the State in
the Same shall be, for the which the same shall be, for the
Erection of Forts, Magazines, erection of forts, magazines,
Arsenals, Dock Yards, and other arsenals, dockyards, and other
needful Buildings;—And needful buildings: and
To make all Laws which shall be To make all laws which shall be
necessary and proper for carrying necessary and proper for carrying
into Execution the foregoing into execution the forgoing
Powers, and all other Powers powers, and all other powers
vested by this Constitution in the vested by this Constitution in the
Government of the United States, government of the _Confederate_
or in any Department or Officer State, of in any department or
thereof. officer thereof.
SECTION 9. The Migration or SECTION 9. The importation of
Importation of such Persons as any _negroes of the African race, from
of the States now existing shall any foreign country other than the
think proper to admit, shall not slave-holding States or
be prohibited by the Congress Territories of the United States
prior to the Year one thousand of America, is hereby forbidden;
eight hundred and eight, but a Tax and Congress is required to pass
or Duty may be imposed on such such laws as shall effectually
Importation, not exceeding ten prevent the same_.
dollars for each Person.
_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._
The privilege of the writ of Habeas The privilege of the writ of
Corpus shall not be suspended, _habeas corpus_ shall not be
unless when in Cases of Rebellion suspended, unless when in case of
or Invasion the public safety may rebellion or invasion the public
require it. safety may require it.
No Bill of Attainder or ex post No bill of attainder, _ex post
facto Law shall be passed. facto_ law, _or law denying or
impa[i]ring the right of property
in negro slaves shall be passed_.
No Capitation, or other direct, No capitation or other direct tax
Tax shall be laid, unless in shall be laid, unless in
Proportion to the Census or proportion to the census or
Enumeration herein before directed enumeration hereinbefore directed
to be taken. to be taken.
No Tax or Duty shall be laid on No tax or duty shall be laid on
Articles exported from any State. articles exported from any State,
_except by a vote of two-thirds
of both Houses_.
No Preference shall be given by any No preference shall be given by any
Regulation of Commerce or Revenue regulation of commerce or revenue
to the Ports of one State over to the ports of one State over
those of another; nor shall those of another.
Vessels bound to, or from, one
State, be obliged to enter, clear,
or pay Duties in another.
No Money shall be drawn from the No money shall be drawn from the
Treasury, but in Consequence of treasury, but in consequence of
Appropriations made by Law; and a appropriations made by law; and a
regular Statement and Account of regular statement and account of
the Receipts and Expenditures of the receipts and expenditures of
all public Money shall be all public money shall be
published from time to time. published from time to time.
_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._
_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._
No Title of Nobility shall be No title of nobility shall be
granted by the United States; and granted by the _Confederate_
no Person holding any Office of States; and no person holding any
Profit or Trust under them, shall, office of profit or trust under
without the Consent of the them shall, without the consent of
Congress, accept of any present, the Congress, accept of any
Emolument, Office, or Title, of present, emolument, office or
any kind whatever, from any King, title of any kind whatever, from
Prince, or foreign State. any king, prince, or foreign
state.
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.
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.
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.
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.
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.
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
defence.
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 re-examined in any
court of the _Confederacy_, than
according to the rules of common
law.
Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishment inflicted.
_Every law, or resolution having
the force of law, shall relate to
but one subject, and that shall be
expressed in the title._
SECTION 10. No State shall enter SECTION 10. No State shall enter
into any Treaty, Alliance, or into any treaty, alliance, or
Confederation: grant Letters of confederation; grant letters of
Marque and Reprisal; coin money; marque and reprisal; coin money;
emit Bills of Credit; make any make any thing but gold and silver
Thing but gold and silver Coin a coin a tender in payment of debts;
Tender in Payment of Debts; pass pass any bill of attainder, or _ex
any Bill of Attainder, ex post post facto_ law, or law impairing
facto Law, or Law impairing the the obligation of contracts; or
Obligation of Contracts, or grant grant any title of nobility.
any Title of Nobility.
No State shall, without the Consent No State shall, without the consent
of the Congress, lay any Imposts of the Congress, lay any imposts
or Duties on Imports or Exports, or duties on imports or exports,
except what may be absolutely except what may be absolutely
necessary for executing its necessary for executing its
inspection Laws; and the net inspection laws; and the nett
Produce of all Duties and Imposts, produce of all duties and imposts,
laid by any State on Imports or laid by any State on imports or
Exports, shall be for the Use of exports, shall be for the use of
the Treasury of the United States; the Treasury of the _Confederate_
and all such Laws shall be subject States; and all such laws shall be
to the Revision and Controul of subject to the revision and
the Congress. control of Congress.
No State shall, without the Consent No State shall, without the consent
of Congress, lay any Duty of of Congress, lay any duty _on_
Tonnage, keep Troops, or Ships of tonnage, _except on sea-going
War in time of Peace, enter into vessels, for the improvement of
any Agreement or Compact pact with its rivers and harbors navigated
another State, or with a foreign by the said vessels; but such
Power, or engage in War, unless duties shall not conflict with any
actually invaded, or in such treaties of the Confederate States
imminent Danger as will not admit with foreign nations; and any
of Delay. 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. ARTICLE II.
SECTION 1. The executive Power SECTION 1. The executive power
shall be vested in a President of shall be vested in a President of
the United States of America. He the _Confederate_ States of
shall hold his Office during the America. _He and the Vice
Term of four Years, and, together President shall hold their
with the Vice President, chosen offices_ for the term of _six_
for the same Term, be elected, as years; _but the President shall
follows: not be re-eligible. The President
and the Vice President shall_ be
elected as follows:
Each State shall appoint, in such Each State shall appoint, in such
Manner as the Legislature thereof manner as the legislature thereof
may direct, a Number of Electors, may direct, a number of electors
equal to the whole number of equal to the whole number of
Senators and Representatives to Senators and Representatives to
which the State may be entitled in which the State may be entitled in
the Congress: but no Senator or the Congress; but no Senator or
Representative, or Person holding Representative or person holding
an Office of Trust or Profit under an office of trust or profit under
the United States, shall be the _Confederate_ States, shall be
appointed an Elector. appointed an elector.
The Electors shall meet in their The electors shall meet in their
respective States, and vote by respective States and vote by
Ballot for two Persons, of whom ballot for President and Vice
one at least shall not be an President, one of whom, at least,
Inhabitant of the same State with shall not be an inhabitant of the
themselves. And they shall make a same State with themselves; they
List of all the Persons voted for, shall name in their ballots the
and of the Number of Votes for person voted for as President, and
each; which List they shall sign in distinct ballots the person
and certify, and transmit sealed voted for as Vice President, and
to the Seat of the Government of they shall make distinct lists of
the United States, directed to the all persons voted for as
president of the Senate. The President, and all persons voted
President of the Senate shall, in for as Vice President, and of the
the Presence of the Senate and number of votes for each, which
House of Representatives, open all list they shall sign and certify,
the Certificates and the Votes and transmit, sealed, to the seat
shall then be counted. The Person of the government of the
having the greatest Number of _Confederate_ States, directed to
Votes shall be the President, if the President of the Senate; the
such Number be a Majority of the President of the Senate shall, in
whole Number of Electors the presence of the Senate and
appointed; and if there be more House of Representatives, open all
than one who have such Majority the certificates, and the votes
and have an equal Number of Votes, shall then be counted; the person
then the House of Representatives having the greatest number of
shall immediately chuse by Ballot votes for President shall be the
one of them for President; and if President, if such number be a
no Person have a Majority, then majority of the whole number of
from the five highest on the List electors appointed; and if no
the said House shall in like person have such a majority, then,
Manner chuse the President. But in from the persons having the
chusing the President, the Votes highest numbers, not exceeding
shall be taken by States, the three, on the list of those voted
Representation from each State for as President, the House of
having one Vote; a Quorum for this Representatives shall choose
Purpose shall consist of a Member immediately, by ballot, the
or Members from two thirds of the President. But in choosing the
States, and a Majority of all the President, the votes shall be
States shall be necessary to a taken by States—the representation
Choice. In every Case, after the from each State having one vote; a
Choice of the President, the quorum for this purpose shall
Person having the greatest Number consist of a member or members
of Votes of the Electors shall be from two-thirds of the States,
the Vice President, but if there and a majority of all the States
should remain two or more who have shall be necessary to a choice.
equal Votes, the Senate shall And if the House of
chuse from them by Ballot the Vice Representatives shall not choose a
President. President, whenever the right of
choice shall devolve upon them,
before the fourth day of March
next following, then the Vice
President shall act as President,
as in the case of the death, or
other constitutional disability
of the President.
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.
But no person constitutionally
ineligible to the office of
President shall be eligible to
that of Vice President of the
_Confederate_ States.
The Congress may determine the Time The Congress may determine the time
of chusing the Electors, and the of choosing the electors, and the
Day on which they shall give their day on which they shall give their
Votes; which Day shall be the same votes; which day shall be the same
throughout the United States. throughout the _Confederate_
States.
No person except a natural-born No person except a natural born
Citizen, or a Citizen of the citizen of the _Confederate_
United States, at the time of the States, or a citizen thereof at
Adoption of this Constitution, the time of the adoption of this
shall be eligible to the Office of Constitution, _or a citizen
President; neither shall any thereof born in the United States
Person be eligible to that Office prior to the 20th of December,
who shall not have attained to the 1860_, shall be eligible to the
age of thirty five Years, and been office of President; neither shall
fourteen Years a Resident within any person be eligible to that
the United States. 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_.
In Case of the Removal of the In case of the removal of the
President from Office, or of his President from office, or of his
Death, Resignation, or Inability death, resignation, or inability
to discharge the Powers and Duties to discharge the powers and duties
of the said office, the same shall of the said office, the same shall
devolve on the Vice President, and devolve on the Vice President; and
the Congress may by Law provide the Congress may, by law, provide
for the Case of Removal, Death, for the case of removal, death,
Resignation, or Inability, both of resignation, or inability, both of
the President and Vice President, the President and Vice President,
declaring what Officer shall then declaring what officer shall then
act as President, and such Officer act as President; and such officer
shall act accordingly, until the shall act accordingly, until the
Disability be removed, or a disability be removed or a
President shall be elected. President shall be elected.
The President shall, at stated The President shall, at stated
Times, receive for his Services, a times, receive for his services a
Compensation, which shall neither compensation, which shall neither
be encreased nor diminished during be increased nor diminished during
the Period for which he shall have the period for which he shall have
been elected, and he shall not been elected; and he shall not
receive within that Period any receive within that period any
other Emolument from the United other emolument from the
States, or any of them. Before he _Confederate_ States, or any of
enters on the execution Before he them. of his office, he shall take
enters on the Execution of his the following oath or affirmation:
Office, he shall take the
following Oath or Affirmation:
“I do solemnly swear (or Affirm) “I do solemnly swear (or affirm)
that I will faithfully execute the that I will faithfully execute the
Office of President of the United office of President of the
States, and will to the best of my _Confederate_ States, and will, to
Ability, preserve, protect and the best of my ability, preserve,
defend the Constitution of the protect, and defend the
United States.” Constitution _thereof_.”
SECTION 2. The President shall be SECTION 2. The President shall be
Commander in Chief of the Army and commander-in-chief of the army
Navy of the United States, and of and navy of the _Confederate_
the Militia of the several States, States, and of the militia of the
when called into the actual several States, when called into
Service of the United States; he the actual service of the
may require the Opinion, in _Confederate_ States; he may
writing, of the principal Officer require the opinion, in writing,
in each of the executive of the principal officer in each
Departments, upon any subject of the executive departments, upon
relating to the Duties of their any subject relating to the duties
respective Offices, and he shall of their respective offices; and
have Power to grant Reprieves and he shall have power to grant
Pardons for Offences against the reprieves and pardons for offences
United States, except in Cases of against the _Confederate_ States,
Impeachment. except in cases of impeachment.
He shall have Power, by and with He shall have power, by and with
the Advice and Consent of the the advice and consent of the
Senate, to make Treaties, provided Senate, to make treaties; provided
two thirds of the Senators present two-thirds of the Senators
concur; and he shall nominate, and present concur; and he shall
by and with the Advice and Consent nominate, and by and with the
of the Senate, shall appoint advice and consent of the Senate,
Ambassadors, other public shall appoint ambassadors, other
Ministers and Consuls, Judges of public ministers and consuls,
the supreme Court, and all other judges of the Supreme Court, and
Officers of the United States, all other officers of the
whose Appointments are not herein _Confederate_ States whose
otherwise provided for, and which appointments are not herein
shall be established by Law; but otherwise provided for, and which
the Congress may by Law vest the shall be established by law; but
Appointment of such inferior the Congress may, by law, vest the
Officers, as they think proper, in appointment of such inferior
the President alone, in the Courts officers, as they think proper, in
of Law, or in the Heads of the President alone, in the courts
Departments. of law, or in the heads of
departments.
_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
department 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._
The President shall have the Power The President shall have power to
to fill all Vacancies that may fill all vacancies that may happen
happen during the Recess of the during the recess of the Senate,
Senate, by granting Commission by granting commissions which
which shall expire at the End of shall expire at the end of their
their next Session. next session; _but no person
rejected by the Senate shall be
reappointed to the same office
during their ensuing recess_.
SECTION 3. He shall from time to SECTION 3. _The President_ shall,
time give to the Congress from time to time, give to the
Information of the State of the Congress information of the state
Union, and recommend to their of the _Confederacy_, and
Consideration such Measures as he recommend to their consideration
shall judge necessary and such measures as he shall judge
expedient; he may, on necessary and expedient; he may,
extraordinary Occasions, convene on extraordinary occasions,
both Houses, or either of them, convene both Houses, or either of
and in Case of Disagreement them; and in case of disagreement
between them, with Respect to the between them, with respect to the
time of Adjournment, he may time of adjournment, he may
adjourn them to such Time as he adjourn them to such time as he
shall think proper; he shall shall think proper; he shall
receive Ambassadors and other receive ambassadors and other
public Ministers; he shall take public ministers; he shall take
Care that the Laws be faithfully care that the laws be faithfully
executed, and shall Commission all executed, and shall commission all
the officers of the United States. the officers of the _Confederate_
States.
SECTION 4. The President, Vice SECTION 4. The President, Vice
President and all civil Officers President, and all civil officers
of the United States shall be of the _Confederate_ States, shall
removed from Office on Impeachment be removed from office on
for, and Conviction of, Treason, impeachment, for and conviction
Bribery, or other high Crimes and of, treason, bribery, or other
Misdemeanors. high crimes and misdemeanors.
ARTICLE III. ARTICLE III.
SECTION 1. The Judicial Power of SECTION 1. The judicial power of
the United States, shall be vested the _Confederate_ States shall be
in one supreme Court, and in such vested in one Supreme Court, and
inferior Courts as the Congress in such inferior courts as the
may from time to time ordain and Congress may, from time to time,
establish. The Judges, both of the ordain and establish. The judges,
supreme and inferior Courts, shall both of the Supreme and inferior
hold their offices during good courts, shall hold their offices
Behavior, and shall, at stated during good behavior, and shall,
times, receive for their Services at stated times, receive for their
a Compensation which shall not be services a compensation which
diminished during their shall not be diminished during
Continuance in Office. their continuance in office.
SECTION 2. The Judicial Power shall SECTION 2. The judicial power shall
extend to all Cases, in Law and extend to all cases arising under
Equity, arising under this this Constitution, the laws of the
Constitution, the Laws of the _Confederate_ States, and treaties
United States and Treaties made, made, or which shall be made,
or which shall be made under their under their authority; to all
Authority;—to all Cases affecting cases affecting ambassadors, other
Ambassadors, other public public ministers and consuls; to
Ministers and Consuls;—to all all cases of admiralty and
Cases of admiralty and maritime maritime jurisdiction; to
Jurisdiction;—to Controversies to controversies to which the
which the United States shall be a _Confederate_ States shall be a
Party;—to Controversies between party; to controversies between
two or more States;—between a two or more States; between a
State and Citizens of another State and citizens of another
State;—between Citizens of State, _where the State is
different States, between Citizens plaintiff_; between citizens
of the same State claiming Lands claiming lands under grants of
under Grants of different States different States; and between a
and between a State, or the State or the citizens thereof, and
Citizens thereof, and foreign foreign states, citizens or
States, Citizens or Subjects. subjects. _But no State shall be
sued by a citizen or subject of
any foreign state._
In all Cases affecting Ambassadors, In all cases affecting ambassadors,
other public Ministers and other public ministers and
Consuls, and those in which a consuls, and those in which a
State shall be Party, the supreme State shall be a party, the
Court shall have original Supreme Court shall have original
Jurisdiction. In all the other jurisdiction. In all the other
Cases before mentioned, the cases before mentioned, the
supreme Court shall have appellate Supreme Court shall have appellate
Jurisdiction, both as to Law and jurisdiction both as to law and
Fact, with such Exceptions, and fact, with such exceptions and
under such Regulations as the under such regulations as the
Congress shall make. Congress shall make.
The Trial of all Crimes, except The trial of all crimes, except in
Cases of Impeachment, shall be by cases of impeachment, shall be by
Jury; and such Trial shall be held jury, and such trial shall be held
in the State where the said Crimes in the State where the said crimes
shall have been committed; but shall have been committed; but
when not committed within any when not committed within any
State, the Trial shall be at such State, the trial shall be at such
Place or Places as the Congress place or places as the Congress
may by Law have directed. may by law have directed.
SECTION 3. Treason against the SECTION 3. Treason against the
United States, shall consist only _Confederate_ States shall consist
in levying War against them, or in only in levying war against them,
adhering to their enemies, giving or in adhering to their enemies,
them Aid and Comfort. No Person giving them aid and comfort. No
shall be convicted of Treason person shall be convicted of
unless on the Testimony of two treason unless on the testimony of
Witnesses to the same overt Act, two witnesses to the same overt
or on Confession in open Court. act, or on confession in open
court.
The Congress shall have Power to The Congress shall have power to
declare the Punishment of Treason, declare the punishment of treason;
but no Attainder of Treason shall but no attainder of treason shall
work corruption of Blood, or work corruption of blood, or
Forfeiture except during the Life forfeiture, except during the life
of the Person attained. of the person attainted.
ARTICLE IV. ARTICLE IV.
SECTION 1. Full Faith and Credit SECTION 1. Full faith and credit
shall be given in each State to shall be given in each State to
the public Acts, Records, and the public acts, records, and
judicial Proceedings of every judicial proceedings of every
other State. And the Congress may other State. And the Congress may,
by general Laws prescribe the by general laws, prescribe the
Manner in which such Acts, Records manner in which such acts,
and Proceedings shall be proved, records, and proceedings shall be
and the Effect thereof. proved, and the effect thereof.
SECTION 2. The Citizens of each SECTION 2. The citizens of each
State shall be entitled to all State shall be entitled to all the
Privileges and Immunities of privileges and immunities of
Citizens in the several States. 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_.
A Person charged in any State with A person charged in any State with
Treason, Felony, or other Crime, treason, felony, or other crime
who shall flee from Justice, and _against the laws of such State_,
be found in another State, shall who shall flee from justice, and
on Demand of the executive be found in another State, shall,
Authority of the State from which on demand of the Executive
he fled, be delivered up, to be authority of the State from which
removed to the State having he fled, be delivered up, to be
Jurisdiction of the Crime. removed to the State having
jurisdiction of the crime.
No Person held to Service or Labour _No slave or other_ person held to
in one State, under the Laws service or labor _in any State or
thereof, escaping into another, Territory of the Confederate
shall, in Consequence of any Law States_, under the laws thereof,
or Regulation therein, be escaping _or lawfully carried_
discharged from such Service or into another, shall, in
Labour, but shall be delivered up consequence of any law or
on Claim of the Party to whom such regulation therein, be discharged
Service or Labour may be done. 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.
SECTION 3. New States may be SECTION 3. _Other States may be
admitted by the Congress into this admitted into this Confederacy by
Union; but no new State shall be a vote of two-thirds of the whole
formed or erected within the House of Representatives and
Jurisdiction of any other State; two-thirds of the Senate, the
nor any State be formed by the Senate voting by States_; but no
Junction of two or more States, or new State shall be formed or
Parts of States, without the erected within the jurisdiction
Consent of the Legislatures of the of any other State; nor any State
States concerned as well as of the be formed by the junction of two
Congress. or more States, or parts of States,
without the consent of the
legislatures of the States
concerned, as well as of the
Congress.
The Congress shall have power to The Congress shall have power to
dispose of and make all needful dispose of and make all needful
Rules and Regulations respecting rules and regulations _concerning_
the Territory or other Property the _property of the Confederate_
belonging to the United States; States, _including the lands
and nothing in this Constitution thereof_.
shall be so construed as to
Prejudice any Claims of the United _The Confederate States may acquire
States, or of any particular new territory; and Congress shall
State. 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._
SECTION 4. The United States shall The _Confederate_ States shall
guarantee to every State in this guarantee to every State _that now
Union a Republican Form of is, or hereafter may become, a
Government, and shall protect each member of this Confederacy_, a
of them against Invasion, and on republican form of government; and
Application of the Legislature, or shall protect each of them against
of the Executive (when the invasion; and on application of
Legislature cannot be convened) the legislature (or of the
against domestic Violence. executive, when the legislature
_is not in session_), against
domestic violence.
ARTICLE V. ARTICLE V.
The Congress, whenever two-thirds SECTION 1. _Upon the demand of any
of both Houses shall deem it three States, legally assembled in
necessary, shall propose their several conventions, the
Amendments to this Constitution, Congress shall summon a convention
or on the application of the of all the States, to take into
Legislatures of two-thirds of the consideration such amendments to
several States, shall call a the Constitution as the said
Convention for proposing States shall concur in suggesting
Amendments, which, in either Case, at the time when the said demand
shall be valid to all Intents and is made; and should any of the
Purposes, as Part of this proposed amendments to the
Constitution, when ratified by the Constitution be agreed on by the
Legislatures of three fourths of said convention—voting by
the several States, or by States—and the same be ratified by
Conventions in three fourths the legislatures of two-thirds of
thereof, as the one or the other the several States, or by
Mode of Ratification may be conventions in two-thirds
proposed by the Congress: Provided thereof_—as the one or the other
that no Amendment which may be mode of ratification may be
made prior to the Year one proposed by the _general
thousand eight hundred and eight convention—they shall
shall in any Manner affect the thenceforward form a part of this
first and fourth Clauses in the Constitution. But_ no State shall,
Ninth Section of the first without its consent, be deprived
Article, and that no State, of its equal _representation_ in
without its Consent, shall be the Senate.
deprived of its equal suffrage in
the Senate.
ARTICLE VI. ARTICLE VI.
_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._
All Debts contracted and All debts contracted and
Engagements entered into, before engagements entered into before
the Adoption of this Constitution, the adoption of this Constitution
shall be as valid against the shall be as valid against the
United States under this _Confederate_ States under this
Constitution, as under the Constitution as under the
Confederation. _Provisional Government_.
This Constitution, and the Laws This Constitution, and the laws
of the United States which shall of the _Confederate_ States made
be made in Pursuance thereof; and in pursuance thereof, and all
all Treaties made, or which shall treaties made, or which shall be
be made, under the authority of made, under the authority of the
the United States, shall be the _Confederate_ States, shall be the
supreme Law of the Land; and the supreme law of the land; and the
Judges in every State shall be judges in every State shall be
bound thereby, any Thing in the bound thereby, anything in the
Constitution or Laws of any State Constitution or laws of any State
to the Contrary notwithstanding. to the contrary notwithstanding.
The Senators and Representatives The Senators and Representatives
before mentioned, and the Members before mentioned, and the members
of the several State Legislatures, of the several State legislatures,
and all executive and judicial and all executive and judicial
Officers both of the United States officers, both of the
and of the several States, shall _Confederate_ States and of the
be bound by Oath, or Affirmation, several States, shall be bound by
to support this Constitution; but oath or affirmation to support
no religious Test shall ever be this Constitution; but no
required as a Qualification to any religious test shall ever be
Office or public Trust under the required as a qualification to any
United States. office or public trust under the
_Confederate_ States.
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_.
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. ARTICLE VII.
The Ratification of the Conventions The ratification of the conventions
of nine States, shall be of _five_ States shall be
sufficient for the Establishment sufficient for the establishment
of this Constitution between the of this Constitution between the
States so ratifying the Same. States so ratifying the
same.
_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._
DONE in Convention by the Unanimous ADOPTED unanimously by the Congress
Consent of the States present the of the Confederate States of South
Seventeenth Day of September in Carolina, Georgia, Florida,
the Year of our Lord one thousand Alabama, Mississippi, Louisiana
seven hundred and Eighty seven and and Texas, sitting in Convention
of the Independance of the United at the capitol in the city of
States of America the Twelfth. IN Montgomery, Alabama, on the
WITNESS whereof We have hereunto Eleventh day of March, in the year
subscribed our Names, Eighteen Hundred and Sixty-One.
GEO WASHINGTON—_Presidt HOWELL COBB,
and deputy from Virginia_ _President of the Congress._
_New Hampshire._ _South Carolina._
JOHN LANGDON, R. BARNWELL RHETT,
NICHOLAS GILMAN. C. G. MEMMINGER,
_Massachusetts._ WM. PORCHER MILES,
NATHANIEL GORHAM, JAMES CHESNUT, JR.,
RUFUS KING. R. W. BARNWELL,
_Connecticut._ WILLIAM W. BOYCE,
WM. SAML. JOHNSON, LAWRENCE M. KEITT,
ROGER SHERMAN. T. J. WITHERS.
_New York._ _Georgia._
ALEXANDER HAMILTON. FRANCIS S. BARTOW,
_New Jersey._ MARTIN J. CRAWFORD,
WIL: LIVINGSTON, BENJAMIN H. HILL,
WM. PATERSON, THOS. R. R. COBB.
DAVID BREARLEY, _Florida._
JONA. DAYTON. JACKSON MORTON,
_Pennsylvania._ J. PATTON ANDERSON,
B. FRANKLIN, JAMES B. OWENS.
ROBT. MORRIS, _Alabama._
THO: FITZSIMONS, RICHARD W. WALKER,
JAMES WILSON, ROBT. H. SMITH,
THOMAS MIFFLIN, COLIN J. MCRAE,
GEO: CLYMER, WILLIAM P. CHILTON,
JARED INGERSOLL, STEPHEN F. HALE,
GOUV: MORRIS. DAVID P. LEWIS,
_Delaware._ THO. FEARN,
GEO: READ, JNO. GILL SHORTER,
JOHN DICKINSON, J. L. M. CURRY.
JACO: BROOM, _Mississippi._
GUNNING BEDFORD, Jun'r, ALEX. M. CLAYTON,
RICHARD BASSETT. JAMES T. HARRISON,
_Maryland._ WILLIAM S. BARRY,
JAMES M'HENRY, W. S. WILSON,
DAN: OF ST. THOS. JENIFER, WALKER BROOKE,
DANL. CARROLL. W. P. HARRIS,
_Virginia._ J. A. P. CAMPBELL.
JOHN BLAIR, _Louisiana._
JAMES MADISON, Jr. ALEX. DE CLOUET,
_North Carolina._ C. M. CONRAD,
WM. BLOUNT, DUNCAN F. KENNER,
RICH'D DOBBS SPAIGHT, HENRY MARSHALL.
HU. WILLIAMSON. _Texas._
_South Carolina._ JOHN HEMPHILL,
J. RUTLEDGE, THOMAS N. WAUL,
CHARLES COTESWORTH PINCKNEY, JOHN H. REAGAN,
CHARLES PINCKNEY, WILLIAMSON S. OLDHAM,
PIERCE BUTLER. LOUIS T. WIGFALL,
_Georgia._ JOHN GREGG,
WILLIAM FEW, WILLIAM BECK OCHILTREE.
ABR. BALDWIN.
Attest:
WILLIAM JACKSON, _Secretary_.
EXTRACT FROM THE JOURNAL OF THE
CONGRESS.
CONGRESS, March 11, 1861.
On the Question of the adoption of
the Constitution of the
Confederate States of America, the
vote was taken by yeas and nays;
and the Constitution was
unanimously adopted, as follows:
Those who voted in the affirmative
being Messrs. Walker, Smith,
Curry, Hale, McRae, Shorter, and
Fearn, of Alabama, (Messrs.
Chilton and Lewis being absent);
Messrs. Morton, Anderson, and
Owens, of Florida; Messrs. Toombs,
Howell Cobb, Bartow, Nisbet, Hill,
Wright, Thos. R. R. Cobb, and
Stephens, of Georgia, (Messrs.
Crawford and Kenan being absent);
Messrs. Perkins, de Clouet,
Conrad, Kenner, Sparrow, and
Marshall, of Louisiana; Messrs.
Harris, Brooke, Wilson, Clayton,
Barry, and Harrison, of
Mississippi, (Mr. Campbell being
absent); Messrs. Rhett, Barnwell,
Keitt, Chesnut, Memminger, Miles,
Withers, and Boyce, of South
Carolina; Messrs. Reagan,
Hemphill, Waul, Gregg, Oldham, and
Ochiltree, of Texas, (Mr. Wigfall
being absent).
A true copy:
J. J. HOOPER,
_Secretary of the Congress_.
CONGRESS, March 11, 1861.
I do hereby certify that the
foregoing are, respectively, true
and correct copies of “The
Constitution of the Confederate
States of America,” unanimously
adopted this day, and of the yeas
and nays on the question of the
adoption thereof.
HOWELL COBB,
_President of the Congress_.
END OF VOL. IV.