this Constitution.
ARTICLE VI.
1. This Constitution, and the laws of the Confederacy which shall be
made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the Confederacy, 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.
2. The Government hereby instituted shall take immediate steps for the
settlement of all matters between the States forming it, and their other
late confederates of the United States, in relation to the public
property and public debt at the time of their withdrawal from them;
these States hereby declaring it to be their wish and earnest desire to
adjust everything pertaining to the common property, common liability,
and common obligations of that Union upon the principles of right,
justice, equity, and good faith.
3. Until otherwise provided by the Congress, the city of Montgomery, in
the State of Alabama, shall be the seat of government.
4. The members of the Congress and all executive and judicial officers
of the Confederacy shall be bound by oath or affirmation to support this
Constitution; but no religious test shall be required as a qualification
to any office or public trust under this Confederacy.
[Transcriber's Note: Following are the constitutions of the United
States of America, and of the Confederate States of America, listed
essentially sentence by sentence, with the corresponding sentences from
each constitution. This is the listing "in parallel columns" described
earlier. Each sentence is prefixed with either USA or CSA to indicate
the source.]
[USA] Constitution of the United States of America.[208]
[CSA] Constitution of the Confederate States of America.
[USA] We the People of the United States, in order to form a more
perfect Union, establish Justice, insure domestic Tranquillity, provide
for the common defence, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.
[CSA] 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.
[USA] ARTICLE I.
[CSA] ARTICLE I.
[USA] Section 1. All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall consist of a Senate and
House of Representatives.
[CSA] Section 1. 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.
[USA] Section 2. 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 have the Qualifications requisite
for Electors of the most numerous Branch of the State Legislature.
[CSA] Section 2. 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_.
[USA] No Person shall be a Representative who shall not have attained to
the Age of twenty-five Years, and been seven Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant of that
State in which he shall be chosen.
[CSA] 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.
[USA] Representatives and direct Taxes shall be apportioned among the
several States, which may be included within this Union, according to
their respective Numbers,[209] 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
other Persons.[210] The actual Enumeration shall be made within three
Years after the first meeting of the Congress of the United 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 thirty Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made, the State of
New Hampshire shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut five, New York
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five, and Georgia
three.
[CSA] 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 be 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_.
[USA] When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.
[CSA] When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
vacancies.
[USA] The House of Representatives shall chuse their Speaker and other
officers;[211] and shall have the sole Power of Impeachment.
[CSA] 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_.
[USA] Section 3. The Senate of the United States shall be composed of
two Senators from each State, chosen by the Legislature thereof, for six
Years; and each Senator shall have one Vote.
[CSA] Section 3. 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.
[USA] 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 otherwise, 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.
[CSA] 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 otherwise, 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.
[USA] No person shall be a Senator who shall not have attained to the
Age of thirty Years, and been nine Years a Citizen of the United States,
and who shall not, when elected, be an Inhabitant of that State for
which he shall be chosen.
[CSA] 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, when elected, be an inhabitant of _the_ State for which he
shall be chosen.
[USA] The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
[CSA] The Vice-President of the _Confederate_ States shall be President
of the Senate, but shall have no vote unless they be equally divided.
[USA] The Senate shall chuse 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 United States.
[CSA] 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.
[USA] 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 United States is tried, the Chief Justice shall
preside: And no Person shall be convicted without the Concurrence of
two-thirds of the Members present.
[CSA] 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.
[USA] Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and Disqualification to hold and enjoy any Office
of Honour, Trust or Profit under the United States: but the Party
convicted shall nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.
[CSA] Judgment in cases of impeachment shall not extend further than to
removal from office, and disqualification to hold and enjoy 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.
[USA] Section 4. The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by the
Legislature thereof: but the Congress may at any time by Law make or
alter such Regulations, except as to the places of chusing Senators.
[CSA] Section 4. The times, place, 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.
[USA] 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.
[CSA] 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.
[USA] Section 5. 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.
[CSA] Section 5. 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.
[USA] Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and, with the Concurrence of
two-thirds, expel a Member.
[CSA] 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.
[USA] 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.
[CSA] 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.
[USA] 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.
[CSA] 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.
[USA] Section 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and paid out
of the Treasury of the United 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.
[CSA] Section 6. 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.
[USA] No Senator or Representative shall, during the time for which he
was elected, be appointed to any civil Office under the Authority of the
United 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 United States, shall be a Member of either House during
his Continuance in Office.
[CSA] No 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._
[USA] Section 7. 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.
[CSA] Section 7. All bills for raising _the_ revenue shall originate in
the House of Representatives; but the Senate may propose or concur with
amendments, as on other bills.
[USA] Every Bill which shall have passed the House of Representatives
and the Senate, shall, before it become a Law, be presented to the
President of the United 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 respectively. 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.
[CSA] 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,
respectively. 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._
[USA] Every Order, Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary (except on a
question of Adjournment) shall be presented to the President of the
United 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
the Senate and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
[CSA] 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, shall be repassed by two thirds of _both Houses_, according
to the rules and limitations prescribed in case of a bill.
[USA] Section 8. The Congress shall have Power
[CSA] Section 8. The Congress shall have power--
[USA] To lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defence and general Welfare of the
United States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
[CSA] 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_;
[USA] To borrow Money on the credit of the United States;
[CSA] To borrow money on the credit of the _Confederate_ States;
[USA] To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
[CSA] 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 aid 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_;
[USA] To establish an uniform Rule of Naturalization, and uniform Laws
on the subject of Bankruptcies throughout the United States;
[CSA] 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_;
[USA] To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures;
[CSA] To coin money, regulate the value thereof, and of foreign Coin,
and fix the standard of weights and measures;
[USA] To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;
[CSA] To provide for the punishment of counterfeiting the securities and
current coin of the _Confederate_ States;
[USA] To establish Post Offices and post Roads;
[CSA] To establish post-offices and post _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_;
[USA] 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;
[CSA] 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;
[USA] To constitute Tribunals inferior to the supreme Court;
[CSA] To constitute tribunals inferior to the Supreme Court;
[USA] To define and punish Piracies and Felonies committed on the high
Seas, and Offences against the Law of Nations;
[CSA] To define and punish piracies and felonies committed on the
high-seas, and offenses against the law of nations;
[USA] To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water;
[CSA] To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and on water;
[USA] To raise and support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years;
[CSA] To raise and support armies, but no appropriation of money to that
use shall be for a longer term than two years;
[USA] To provide and maintain a Navy;
[CSA] To provide and maintain a navy;
[USA] To make Rules for the Government and Regulation of the land and
naval Forces;
[CSA] To make rules for the government and regulation of the land and
naval forces;
[USA] To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
[CSA] To provide for calling forth the militia to execute the laws of
the _Confederate_ States, suppress insurrections, and repel invasions;
[USA] 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 United 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;
[CSA] 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;
[USA] To exercise exclusive Legislation in all Cases whatsoever, over
such District (not exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress, become the Seat of
the Government of the United 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 for Forts, Magazines,
Arsenals, Dock-Yards, and other needful Buildings;--And
[CSA] 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 Congress, become the seat of
the Government of the _Confederate_ States, and to the exercise like
authority over all places purchased by the consent of the Legislature of
the Sate in which the same shall be, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings; and
[USA] 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 United Sates, or in any Department
or Officer thereof.
[CSA] 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.
[USA] Section 9. The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand eight hundred
and eight, but a Tax or Duty may be imposed on such Importation, and not
exceeding ten dollars for each Person.
[CSA] Section 9. The importation of _negroes of the African race, from
any foreign country other than the slave-holding 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._
[CSA] _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._
[USA] 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.
[CSA] 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.
[USA] No Bill of Attainder or ex post facto Law shall be passed.
[CSA] No bill of attainder, _ex post facto_ law, _or law denying or
impairing the right of property in negro slaves shall be passed_.
[USA] No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be
taken.
[CSA] No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be
taken.
[USA] No Tax or Duty shall be laid on Articles exported from any State.
[CSA] No tax or duty shall be laid on articles exported from any State
_except by a vote of two thirds of both Houses_.
[USA] No Preference shall be given by any Regulation of Commerce or
Revenue to the Ports of one State over those of another: nor shall
Vessels bound to, or from, one State, be obliged to enter, clear, or pay
Duties in another.
[CSA] No preference shall be given by any regulation of commerce or
revenue to the ports of one State over those of another.
[USA] 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.
[CSA] 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.
[CSA] _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_.
[USA] No Title of Nobility shall be granted by the United 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.
[CSA] 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.
[CSA] 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.
[CSA] 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.
[CSA] 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.
[CSA] 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.
[CSA] 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.
[CSA] 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.
[CSA] 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 reëxamined in any
court of the _Confederacy_, than according to the rules of the common
law.
[CSA] Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted.
[CSA] _Every law, or resolution having the force of law, shall relate to
but one subject, and that shall be expressed in the title._
[USA] Section 10. No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.
[CSA] Section 10. 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.
[USA] 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 United States; and all such Laws
shall be subject to the Revision and Controul of the Congress.
[CSA] 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.
[USA] No State shall, without the Consent of Congress, lay any Duty of
Tonnage, 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.
[CSA] No State shall, without the consent of Congress, lay any duty _on_
tonnage, _except on sea-going 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 of
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._
[USA] ARTICLE II.
[USA] Section 1. The executive Power shall be vested in a President of
the United States of America. He shall hold his Office during the Term
of four Years, and, together with the Vice President, chosen for the
same Term, be elected, as follows:
[CSA] ARTICLE II.
[CSA] Section 1. 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 reëligible. The President and the Vice-President shall_ be
elected as follows:
[USA] 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 United States, shall be appointed an
Elector.
[CSA] 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.
[USA] [212]The Electors shall meet in their respective States, and vote
by Ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall make a List
of all the Persons voted for, and of the Number of Votes for each; which
List they shall sign and certify, and transmit sealed to the Seat of the
Government of the United 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
shall be the President, if such Number be a Majority of the whole Number
of Electors appointed; and if there be more than one who have such
Majority and have an equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest
on the List the said House shall in like Manner chuse the President. But
in chusing 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.
In every Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more have equal Votes, the Senate
shall chuse from them by Ballot the Vice President.
[CSA] 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
list 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 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.
[CSA] 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.
[CSA] But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the
_Confederate_ States.
[USA] The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be the
same throughout the United States.
[CSA] 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.
[USA] No Person except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution, shall
be eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of
thirty-five Years, and been fourteen Years a Resident within the United
States.
[CSA] 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_.
[USA] In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and Duties of
the 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.
[CSA] In case of the removal of the President from office, or of his
death, resignation, or inability to discharge the powers and duties of
the 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.
[USA] The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased 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 United States, or any of
them.
[CSA] 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.
[USA] Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation:
[CSA] Before he enters on the execution of his office, he shall take the
following oath or affirmation:
[USA] "I do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the United
States."
[CSA] "I do solemnly swear (or affirm) that I will faithfully execute
the office of President of the _Confederate_ States _of America_, and
will to the best of my ability, preserve, protect, and defend the
Constitution _thereof_."
[USA] Section 2. The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United 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 Offences against the United States, except in Cases of
Impeachment.
[CSA] Section 2. 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 _Confederacy_, except in cases of
impeachment.
[USA] 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
United 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.
[CSA] 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.
[CSA] _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._
[USA] The President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which
shall expire at the End of their next Session.
[CSA] The President shall have power to fill up 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._
[USA] Section 3. He shall from time to time give to the Congress
Information of the State of the Union, 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 United States.
[CSA] Section 3. _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.
[USA] Section 4. The President, Vice President and all civil Officers of
the United States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
[CSA] Section 4. 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.
[USA] ARTICLE III.
[CSA] ARTICLE III.
[USA] Section 1. The Judicial Power of the United 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.
[CSA] Section 1. 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.
[USA] Section 2. The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United
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 United States shall be a Party;--to
Controversies between two or more States;--between a State and Citizens
of another State;--between Citizens of different States,--between
Citizens of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
[CSA] Section 2. 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._
[USA] In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be 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.
[CSA] In all cases affecting ambassadors, other public ministers and
consuls, and those in which a State shall be 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.
[USA] 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 with any State, the
Trial shall be at such Place or Places as the Congress may by Law have
directed.
[CSA] 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.
[USA] Section 3. Treason against the United 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.
[CSA] Section 3. 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.
[USA] 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.
[CSA] 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.
[USA] ARTICLE IV.
[CSA] ARTICLE IV.
[USA] Section 1. 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.
[CSA] Section 1. 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.
[USA] Section 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
[CSA] Section 2. 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_.
[USA] A Person charged in any State with Treason, Felony, or other
Crime, 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.
[CSA] 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.
[USA] No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but shall
be delivered up on Claim of the Party to whom such Service or Labour may
be done.
[CSA] _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.
[USA] Section 3. New States may be admitted by the Congress into this
Union; 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.
[CSA] Section 3. _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.
[USA] The Congress shall have power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property
belonging to the United States; and nothing in this Constitution shall
be so construed as to Prejudice any Claims of the United States, or of
any particular State.
[CSA] The Congress shall have power to dispose of and make all needful
rules and regulations _concerning_ the _property of the Confederate_
States, _including the lands thereof_.
[CSA] _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._
[USA] Section 4. The United States shall guarantee to every State in
this Union 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 cannot be convened) against domestic
Violence.
[CSA] 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.
[USA] ARTICLE V.
[CSA] ARTICLE V.
[USA] The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two-thirds of the several States,
shall call a Convention for proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three-fourths of the
several States, or by Conventions in three-fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress:
Provided that no Amendment which may be made prior to the Year one
thousand eight hundred and eight shall in any Manner affect the first
and fourth Clauses in the Ninth Section of the first Article; and that
no State, without its Consent, shall be deprived of its equal Suffrage
in the Senate.
[CSA] _Section 1. 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.
[USA]ARTICLE VI.
[CSA]ARTICLE VI.
[USA] All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
[CSA] _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._
[CSA] 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_.
[USA] This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; and all Treaties made, or which shall be
made, under the authority of the United States, shall be the supreme Law
of the Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
[CSA] 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.
[USA] The Senators and Representatives before mentioned, and the Members
of the several State Legislatures, and all executive and judicial
Officers, both of the United 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 United States.
[CSA] 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.
[CSA] 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_.
[CSA] 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_.
[USA] ARTICLE VII.
[CSA] ARTICLE VII.
[USA] The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the States
so ratifying the Same.
[CSA] The ratification of the Conventions of _five_ States shall be
sufficient for the establishment of this Constitution between the States
so ratifying the same.
[CSA] _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._
_Articles in Addition to, and Amendment of, the Constitution of the
United States of America. Proposed by Congress, and ratified by the
Legislatures of the several States, pursuant to the fifth article of the
original Constitution._
ARTICLE I.
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 to petition the Government for a redress of grievances.
ARTICLE II.
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.
ARTICLE III.
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.
ARTICLE IV.
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.
ARTICLE V.
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 offence to be twice put in jeopardy of life or
limb; nor shall 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.
ARTICLE VI.
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 favour,
and to have the Assistance of Counsel for his defence.
ARTICLE VII.
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 tried by a jury shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
ARTICLE XII.[213]
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 United States, directed to the President of the
Senate;--The President of the Senate shall, in 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 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 United States.
[Footnote 208: This is an exact copy of the original in punctuation,
spelling, capitals, etc.]
[Footnote 209: Under the census of 1860 one representative is allowed
for every 127,381 persons.]
[Footnote 210: "Other persons" refers to slaves. See Amendments, Art.
XIV., Sections 1 and 2.]
[Footnote 211: The principal of these are the clerk, sergeant-at-arms,
door-keeper, and postmaster.]
[Footnote 212: Superseded by the twelfth amendment.]
[Footnote 213: This article is substituted for Clause 3, Sec. I., Art.
II., page 662, and annuls it. It was declared adopted in 1804.]
APPENDIX L.
CORRESPONDENCE BETWEEN THE CONFEDERATE COMMISSIONERS, MR. SECRETARY
SEWARD AND JUDGE CAMPBELL.
_The Commissioners to Mr. Seward._
Washington City, _March 12, 1861_.
Hon. William H. Seward, _Secretary of State of the United States_.
Sir: The undersigned have been duly accredited by the Government of the
Confederate States of America as commissioners to the Government of the
United States, and, in pursuance of their instructions, have now the
honor to acquaint you with that fact, and to make known, through you to
the President of the United States, the objects of their presence in
this capital.
Seven states of the late Federal Union, having in the exercise of the
inherent right of every free people to change or reform their political
institutions, and through conventions of their people, withdrawn from
the United States and reassumed the attributes of sovereign power
delegated to it, have formed a government of their own. The Confederate
States constitute an independent nation, _de facto_ and _de jure_, and
possess a government perfect in all its parts, and endowed with all the
means of self-support.
With a view to a speedy adjustment of all questions growing out of this
political separation, upon such terms of amity and good-will as the
respective interests, geographical contiguity, and future welfare of the
two nations may render necessary, the undersigned are instructed to make
to the Government of the United States overtures for the opening of
negotiations, assuring the Government of the United States, that the
President, Congress, and people of the Confederate States earnestly
desire a peaceful solution of these great questions; that it is neither
their interest nor their wish to make any demand which is not founded in
strictest justice, nor do any act to injure their late confederates.
The undersigned have now the honor, in obedience to the instructions of
their Government, to request you to appoint as early a day as possible,
in order that they may present to the President of the United States the
credentials which they bear and the objects of the mission with which
they are charged.
We are, very respectfully, your obedient servants,
(Signed) JOHN FORSYTH.
(Signed) MARTIN J. CRAWFORD.
_Memorandum._
Department of State, Washington, _March_ 15, 1861.
Mr. John Forsyth, of the State of Alabama, and Mr. Martin J. Crawford,
of the State of Georgia, on the 11th inst., through the kind offices of
a distinguished Senator, submitted to the Secretary of State their
desire for an unofficial interview. This request was, on the 12th inst.,
upon exclusively public considerations, respectfully declined.
On the 13th inst., while the Secretary was preoccupied, Mr. A. D. Banks,
of Virginia, called at this department, and was received by the
Assistant Secretary, to whom he delivered a sealed communication, which
he had been charged by Messrs. Forsyth and Crawford to present to the
Secretary in person.
In that communication Messrs. Forsyth and Crawford inform the Secretary
of State that they have been duly accredited by the Government of the
Confederate States of America as commissioners to the Government of the
United States, and they set forth the objects of their attendance at
Washington. They observe that seven States of the American Union, in the
exercise of a right inherent in every free people, have withdrawn,
through conventions of their people, from the United States, reassumed
the attributes of sovereign power, and formed a government of their own,
and that those Confederate States now constitute an independent nation,
_de facto_ and _de jure_, and possess a government perfect in all its
parts, and fully endowed with all the means of self-support.
Messrs. Forsyth and Crawford, in their aforesaid communication,
thereupon proceeded to inform the Secretary that, with a view to a
speedy adjustment of all questions growing out of the political
separation thus assumed, upon such terms of amity and good-will as the
respective interests, geographical contiguity, and the future welfare of
the supposed two nations might render necessary, they are instructed to
make to the Government of the United States overtures for the opening of
negotiations, assuring this Government that the President, Congress, and
the people of the Confederate States earnestly desire a peaceful
solution of these great questions, and that it is neither their interest
nor their wish to make any demand which is not founded in the strictest
justice, nor do any act to injure their late confederates.
After making these statements, Messrs. Forsyth and Crawford close their
communication, as they say, in obedience to the instructions of their
Government, by requesting the Secretary of State to appoint as early a
day as possible, in order that they may present to the President of the
United States the credentials which they bear and the objects of the
mission with which they are charged.
The Secretary of State frankly confesses that he understands the events
which have recently occurred, and the condition of political affairs
which actually exists in the part of the Union to which his attention
has thus been directed, very differently from the aspect in which they
are presented by Messrs. Forsyth and Crawford. He sees in them, not a
rightful and accomplished revolution and an independent nation, with an
established Government, but rather a perversion of a temporary and
partisan excitement to the inconsiderate purposes of an unjustifiable
and unconstitutional aggression upon the rights and the authority vested
in the Federal Government, and hitherto benignly exercised, as from
their very nature they always must so be exercised, for the maintenance
of the Union, the preservation of liberty, and the security, peace,
welfare, happiness, and aggrandizement of the American people. The
Secretary of State, therefore, avows to Messrs. Forsyth and Crawford
that he looks patiently, but confidently, for the cure of evils which
have resulted from proceedings so unnecessary, so unwise, so unusual,
and so unnatural, not to irregular negotiations, having in view new and
untried relations with agencies unknown to and acting in derogation of
the Constitution and laws, but to regular and considerate action of the
people of those States, in coöperation with their brethren in the other
States, through the Congress of the United States, and such
extraordinary conventions, if there shall be need thereof, as the
Federal Constitution contemplates and authorizes to be assembled.
It is, however, the purpose of the Secretary of State, on this occasion,
not to invite or engage in any discussion of these subjects, but simply
to set forth his reasons for declining to comply with the request of
Messrs. Forsyth and Crawford.
On the 4th of March instant, the then newly elected President of the
United States, in view of all the facts bearing on the present question,
assumed the Executive Administration of the Government, first
delivering, in accordance with an early, honored custom, an inaugural
address to the people of the United States. The Secretary of State
respectfully submits a copy of this address to Messrs. Forsyth and
Crawford.
A simple reference to it will be sufficient to satisfy these gentlemen
that the Secretary of State, guided by the principles therein announced,
is prevented altogether from admitting or assuming that the States
referred to by them have, in law or in fact, withdrawn from the Federal
Union, or that they could do so in the manner described by Messrs.
Forsyth and Crawford, or in any other manner than with the consent and
concert of the people of the United States, to be given through a
National Convention, to be assembled in conformity with the provisions
of the Constitution of the United States. Of course, the Secretary of
State can not act upon the assumption, or in any way admit that the
so-called Confederate States constitute a foreign power, with whom
diplomatic relations ought to be established.
Under these circumstances, the Secretary of State, whose official duties
are confined, subject to the direction of the President, to the
conducting of the foreign relations of the country, and do not at all
embrace domestic questions, or questions arising between the several
States and the Federal Government, is unable to comply with the request
of Messrs. Forsyth and Crawford, to appoint a day on which they may
present the evidences of their authority and the objects of their visit
to the President of the United States. On the contrary, he is obliged to
state to Messrs. Forsyth and Crawford that he has no authority, nor is
he at liberty, to recognize them as diplomatic agents, or hold
correspondence or other communication with them.
Finally, the Secretary of State would observe that, although he has
supposed that he might safely and with propriety have adopted these
conclusions, without making any reference of the subject to the
Executive, yet, so strong has been his desire to practice entire
directness, and to act in a spirit of perfect respect and candor toward
Messrs. Forsyth and Crawford, and that portion of the people of the
Union in whose name they present themselves before him, that he has
cheerfully submitted this paper to the President, who coincides
generally in the views it expresses, and sanctions the Secretary's
decision declining official intercourse with Messrs. Forsyth and
Crawford.
_April 8, 1861._
The foregoing memorandum was filed in this department on the 15th of
March last. A delivery of the same to Messrs. Forsyth and Crawford was
delayed, as was understood, with their consent. They have now, through
their secretary, communicated their desire for a definite disposition of
the subject. The Secretary of State therefore directs that a duly
verified copy of the paper be now delivered.
_The Commissioners in reply to Mr. Seward._
Washington, _April 9, 1861._
Hon. William H. Seward, _Secretary of State for the United States,
Washington:_
The "memorandum" dated Department of State, Washington, March 15, 1861,
with postscript under date of 8th instant, has been received through the
hands of Mr. J. T. Pickett, secretary of this commission, who, by the
instructions of the undersigned, called for it on yesterday at the
department.
In that memorandum you correctly state the purport of the official note
addressed to you by the undersigned on the 12th ultimo. Without
repeating the contents of that note in full, it is enough to say here
that its object was to invite the Government of the United States to a
friendly consideration of the relations between the United States and
the seven States lately the Federal Union, but now separated from it by
the sovereign will of their people, growing out of the pregnant and
undeniable fact that those people have rejected the authority of the
United States, and established a government of their own. Those
relations had to be friendly or hostile. The people of the old and new
Governments, occupying contiguous territories, had to stand to each
other in the relation of good neighbors, each seeking their happiness
and pursuing their national destinies in their own way, without
interference with the other; or they had to be rival and hostile
nations. The Government of the Confederate States had no hesitation in
electing its choice in this alternative. Frankly and unreservedly,
seeking the good of the people who had intrusted them with power, in the
spirit of humanity, of the Christian civilization of the age, and of
that Americanism which regards the true welfare and happiness of the
people, the Government of the Confederate States, among its first acts,
commissioned the undersigned to approach the Government of the United
States with the olive-branch of peace, and to offer to adjust the great
questions pending between them in the only way to be justified by the
consciences and common sense of good men who had nothing but the welfare
of the people of the two confederacies at heart.
Your Government has not chosen to meet the undersigned in the
conciliatory and peaceful spirit in which they are commissioned.
Persistently wedded to those fatal theories of construction of the
Federal Constitution always rejected by the statesmen of the South, and
adhered to by those of the Administration school, until they have
produced their natural and often predicted result of the destruction of
the Union, under which we might have continued to live happily and
gloriously together, had the spirit of the ancestry who framed the
common Constitution animated the hearts of all their sons, you now, with
a persistence untaught and uncured by the ruin which has been wrought,
refuse to recognize the great fact presented to you of a completed and
successful revolution; you close your eyes to the existence of the
Government founded upon it, and ignore the high duties of moderation and
humanity which attach to you in dealing with this great fact. Had you
met these issues with the frankness and manliness with which the
undersigned were instructed to present them to you and treat them, the
undersigned had not now the melancholy duty to return home and tell
their Government and their countrymen that their earnest and ceaseless
efforts in behalf of peace had been futile, and that the Government of
the United States meant to subjugate them by force of arms. Whatever may
be the result, impartial history will record the innocence of the
Government of the Confederate States, and place the responsibility of
the blood and mourning that may ensue upon those who have denied the
great fundamental doctrine of American liberty, that "governments derive
their just powers from the consent of the governed," and who have set
naval and land armaments in motion to subject the people of one portion
of this land to the will of another portion. That that can never be
done, while a free-*man survives in the Confederate States to wield a
weapon, the undersigned appeal to past history to prove. These military
demonstrations against the people of the seceded States are certainly
far from being in keeping and consistency with the theory of the
Secretary of State, maintained in his memorandum, that these States are
still component parts of the late American Union, as the undersigned are
not aware of any constitutional power in the President of the United
States to levy war, without the consent of Congress, upon a foreign
people, much less upon any portion of the people of the United States.
The undersigned, like the Secretary of State, have no purpose to "invite
or engage in discussion" of the subject on which their two Governments
are so irreconcilably at variance. It is this variance that has broken
up the old Union, the disintegration of which has only begun. It is
proper, however, to advise you that it were well to dismiss the hopes
you seem to entertain that, by any of the modes indicated, the people of
the Confederate States will ever be brought to submit to the authority
of the Government of the United States. You are dealing with delusions,
too, when you seek to separate our people from our Government, and to
characterize the deliberate sovereign act of that people as a
"perversion of a temporary and partisan excitement" If you cherish these
dreams, you will be awakened from them and find them as unreal and
unsubstantial as others in which you have recently indulged. The
undersigned would omit the performance of an obvious duty, were they to
fail to make known to the Government of the United States that the
people of the Confederate States have declared their independence with a
full knowledge of all the responsibilities of that act, and with as firm
a determination to maintain it by all the means with which nature has
endowed them as that which sustained their fathers when they threw off
the authority of the British Crown.
The undersigned clearly understand that you have declined to appoint a
day to enable them to lay the objects of the mission with which they are
charged before the President of the United States, because so to do
would be to recognize the independence and separate nationality of the
Confederate States. This is the vein of thought that pervades the
memorandum before us. The truth of history requires that it should
distinctly appear upon the record that the undersigned did not ask the
Government of the United States to recognize the independence of the
Confederate States. They only asked audience to adjust, in a spirit of
amity and peace, the new relations springing from a manifest and
accomplished revolution in the Government of the late Federal Union.
Your refusal to entertain these overtures for a peaceful solution, the
active naval and military preparations of this Government, and a formal
notice to the commanding General of the Confederate forces in the harbor
of Charleston that the President intends to provision Fort Sumter by
forcible means, if necessary, are viewed by the undersigned, and can
only be received by the world, as a declaration of war against the
Confederate States; for the President of the United States knows that
Fort Sumter can not be provisioned without the effusion of blood. The
undersigned, in behalf of their Government and people, accept the gage
of battle thus thrown down to them; and, appealing to God and the
judgment of mankind for the righteousness of their cause, the people of
the Confederate States will defend their liberties to the last, against
this flagrant and open attempt at their subjugation to sectional power.
This communication can not be properly closed without adverting to the
date of your memorandum. The official note of the undersigned, of the
12th of March, was delivered to the Assistant Secretary of State on the
13th of that month, the gentleman who delivered it informing him that
the secretary of this commission would call at twelve o'clock, noon, on
the next day, for an answer. At the appointed hour Mr. Pickett did call,
and was informed by the Assistant Secretary of State that the
engagements of the Secretary of State had prevented him from giving the
note his attention. The Assistant Secretary of State then asked for the
address of Messrs. Crawford and Forsyth, the members of the commission
then present in this city, took note of the address on a card, and
engaged to send whatever reply might be made to their lodgings. Why this
was not done, it is proper should be here explained. The memorandum is
dated March 15th, and was not delivered until April 8th. Why was it
withheld during the intervening twenty-three days? In the postscript to
your memorandum you say it "was delayed, as was understood, with their
(Messrs. Forsyth and Crawford's) consent." This is true; but it is also
true that, on the 15th of March, Messrs. Forsyth and Crawford were
assured by a person occupying a high official position in the
Government, and who, as they believed, was speaking by authority, that
Fort Sumter would be evacuated in a very few days, and that no measure
changing the existing _status_ prejudicially to the Confederate States,
as respects Fort Pickens, was then contemplated, and these assurances
were subsequently repeated, with the addition that any contemplated
change as respects Pickens would be notified to us. On the 1st of April
we were again informed that there might be an attempt to supply Fort
Sumter with provisions, but that Governor Pickens should have previous
notice of this attempt. There was no suggestion of any reinforcement.
The undersigned did not hesitate to believe that these assurances
expressed the intentions of the Administration at the time, or at all
events of prominent members of that Administration. This delay was
assented to for the express purpose of attaining the great end of the
mission of the undersigned, to wit, a pacific solution of existing
complications. The inference deducible from the date of your memorandum,
that the undersigned had, of their own volition and without cause,
consented to this long _hiatus_ in the grave duties with which they were
charged, is therefore not consistent with a just exposition of the facts
of the case. The intervening twenty-three days were employed in active
unofficial efforts, the object of which was to smooth the path to a
pacific solution, the distinguished personage alluded to coöperating
with the undersigned; and every step of that effort is recorded in
writing and now in the possession of the undersigned and of their
Government. It was only when all those anxious efforts for peace had
been exhausted, and it became clear that Mr. Lincoln had determined to
appeal to the sword to reduce the people of the Confederate States to
the will of the section or party whose President he is, that the
undersigned resumed the official negotiation temporarily suspended, and
sent their secretary for a reply to their official note of March 12th.
It is proper to add that, during these twenty-three days, two gentlemen,
of official distinction as high as that of the personage hitherto
alluded to, aided the undersigned as intermediaries in these unofficial
negotiations for peace.
The undersigned, commissioners of the Confederate States of America,
having thus made answer to all they deem material in the memorandum
filed in the department on the 15th of March last, have the honor to be
JOHN FORSYTH,
MARTIN J. CRAWFORD,
A. B. ROMAN.
_Mr. Seward in reply to the Commissioners._
Department Of State, Washington, _April 10, 1861._
Messrs. Forsyth, Crawford, and Roman, having been apprised by a
memorandum, which has been delivered to them, that the Secretary of
State is not at liberty to hold official intercourse with them, will, it
is presumed, expect no notice from him of the new communication which
they have addressed to him under date of the 9th inst., beyond the
simple acknowledgment of the receipt thereof, which he hereby very
cheerfully gives.
_Judge Campbell to Mr. Seward._
Washington City, _Saturday, April 18, 1861._
Sir: On the 15th of March, ultimo, I left with Judge Crawford, one of
the commissioners of the Confederate States, a note in writing, to the
effect following:
"I feel entire confidence that Fort Sumter will be evacuated in the next
ten days. And this measure is felt as imposing great responsibility on
the Administration.
"I feel entire confidence that no measure changing the existing _status_
prejudicially to the Southern Confederate States is at present
contemplated.
"I feel an entire confidence that an immediate demand for an answer to
the communication of the commissioners will be productive of evil and
not of good. I do not believe that it ought, at this time, to be
pressed."
The substance of this statement I communicated to you the same evening
by letter. Five days elapsed, and I called with a telegram from General
Beauregard, to the effect that Sumter was not evacuated, but that Major
Anderson was at work making repairs.
The next day, after conversing with you, I communicated to Judge
Crawford in writing that the failure to evacuate Sumter was not the
result of bad faith, but was attributable to causes consistent with the
intention to fulfill the engagement, and that, as regarded Pickens, I
should have notice of any design to alter the existing _status_ there.
Mr. Justice Nelson was present at these conversations, three in number,
and I submitted to him each of my written communications to Judge
Crawford, and informed Judge Crawford that they had his (Judge Nelson's)
sanction. I gave you, on the 22d of March, a substantial copy of the
statement I had made on the 15th.
The 30th of March arrived, and at that time a telegram came from
Governor Pickens, inquiring concerning Colonel Lamon, whose visit to
Charleston he supposed had a connection with the proposed evacuation of
Fort Sumter. I left that with you, and was to have an answer the
following Monday (1st of April). On the 1st of April I received from you
the statement in writing, "I am satisfied the Government will not
undertake to supply Fort Sumter without giving notice to Governor P."
The words "I am satisfied" were for me to use as expressive of
confidence in the remainder of the declaration.
The proposition, as originally prepared, was, "The President _may
desire_ to supply Sumter, but will not do so," etc., and your verbal
explanation was, that you did not believe any such attempt would be
made, and that there was no design to reënforce Sumter.
There was a departure here from the pledges of the previous month, but,
with the verbal explanation, I did not consider it a matter then to
complain of. I simply stated to you that I had that assurance
previously.
On the 7th of April I addressed you a letter on the subject of the alarm
that the preparations by the Government had created, and asked you if
the assurances I had given were well or ill-founded. In respect to
Sumter, your reply was, "Faith as to Sumter fully kept--wait and see."
In the morning's paper I read, "An authorized messenger from President
Lincoln informed Governor Pickens and General Beauregard that provisions
will be sent to Fort Sumter--peaceably, or _otherwise by force_." This
was the 8th of April, at Charleston, the day following your last
assurance, and is the last evidence of the full faith I was invited to
_wait for_ and _see_. In the same paper I read that intercepted
dispatches disclosed the fact that Mr. Fox, who had been allowed to
visit Major Anderson, on the pledge that his purpose was pacific,
employed his opportunity to devise a plan for supplying the fort by
force, and that this plan had been adopted by the Washington Government,
and was in process of execution. My recollection of the date of Mr.
Fox's visit carries it to a day in March. I learn he is a near
connection of a member of the Cabinet. My connection with the
commissioners and yourself was superinduced by a conversation with
Justice Nelson. He informed me of your strong disposition in favor of
peace, and that you were oppressed with a demand of the commissioners of
the Confederate States for a reply to their first letter, and that you
desired to avoid it, if possible, at that time.
I told him I might perhaps be of some service in arranging the
difficulty. I came to your office entirely at his request, and without
the knowledge of either of the commissioners. Your depression was
obvious to both Judge Nelson and myself. I was gratified at the
character of the counsels you were desirous of pursuing, and much
impressed with your observation that a civil war might be prevented by
the success of my mediation. You read a letter of Mr. Weed, to show how
irksome and responsible the withdrawal of troops from Sumter was. A
portion of my communication to Judge Crawford, on the 16th of March, was
founded upon these remarks, and the pledge to evacuate Sumter is less
forcible than the words you employed. These words were, "Before this
letter reaches you [a proposed letter by me to President Davis], Sumter
will have been evacuated." The commissioners who received those
communications conclude they have been abused and overreached. The
Montgomery Government hold the same opinion. The commissioners have
supposed that my communications were with you, and upon the [that]
hypothesis were prepared to arraign you before the country, in
connection with the President. I placed a peremptory prohibition upon
this, as being contrary to the terms of my communications with them. I
pledged myself to them to communicate information, upon what I
considered as the best authority, and they were to confide in the
ability of myself, aided by Judge Nelson, to determine upon the
credibility of my informant.
I think no candid man, who will read over what I have written, and
considers for a moment what is going on at Sumter, but will agree that
the equivocating conduct of the Administration, as measured and
interpreted in connection with these promises, is the proximate cause of
the great calamity.
I have a profound conviction that the telegrams of the 8th of April, of
General Beauregard, and of the 10th of April, of General Walker, the
Secretary of War, can be referred to nothing else than their belief that
there has been systematic duplicity practiced on them through me. It is
under an impressive sense of the weight of this responsibility that I
submit to you these things for your explanation.
Very respectfully,
(Signed) JOHN A. CAMPBELL,
_Associate Justice of the Supreme Court, United States._
Hon. William H. Seward, _Secretary of State_.
_Judge Campbell to Mr. Secretary Seward_.
Washington, _April 20, 1861._
Sir: I inclose you a letter, corresponding very nearly with one I
addressed to you one week ago (April 13th), to which I have not had any
reply. The letter is simply one of inquiry in reference to facts
concerning which, I think, I am entitled to an explanation. I have not
adopted any opinion in reference to them which may not be modified by
explanation; nor have I affirmed in that letter, nor do I in this, any
conclusion of my own unfavorable to your integrity in the whole
transaction. All that I have said and mean to say is, that an
explanation is due from you to myself. I will not say what I shall do in
case this request is not complied with, but I am justified in saying
that I shall feel at liberty to place these letters before any person
who is entitled to ask an explanation of myself.
Very respectfully,
JOHN A. CAMPBELL,
_Associate Justice of the Supreme Court, United States_.
Hon. William H. Seward, _Secretary of State_.
No reply has been made to this letter, April 24, 1861.
INDEX TO VOL. I.
_Abolition of African servitude_; its first public agitation, 33;
activity of the propagandists, 34;
misuse of the sacred word liberty, 34.
_Absurdity of the construction_, attempted to be put on expressions of
the Constitution, 175;
a brief analysis, 175.
_Accede_, discussions on the word, 136;
its former use, 137.
Adams, James H, commissioner from South Carolina to Washington, 213.
Adams, John, stumbled at the preamble of the Constitution, 121.
Adams, John Quincy, his declaration of the rights of the people of the
States, 190, 191.
_African servitude_, its aid to the Confederacy in the war, 303;
confidence of the people in the Africans, 303.
_Agreement_, between Generals Harney and Price, at St. Louis, Missouri,
416.
_Agricultural products, Southern_, mainly for export, 302;
a change of habits in the planters required, 302;
our success largely due to African servitude, 303;
condition of the Africans, 303;
diminished every year during the war, 505.
_Alabama_, withdraws from the Union, 220.
_All powers not delegated_, etc., what does it mean? 175.
_Allegiance_, inconsistent ideas of, 182;
paramount to the Government, a monstrous view, 182;
the sovereign is the people, 182;
obligation to support a Constitution derived from the allegiance due
to the sovereign, 183;
oath to support the Constitution based on the sovereignty of the
States, 183;
the oath of military and naval officers, 183;
how false to attribute "treason" to the Southern States, 183;
an oath to support the Constitution, 183.
_Amendment_ of the Constitution, distinct from the delegation of power,
196.
Anderson, Robert, commands forts in Charleston Harbor, 212;
instructions from the War Department of the United States, 212;
removes to Fort Sumter, 213;
acquaintance and past associations with the author, 216;
his protest against relieving Fort Sumter, 281;
the letter of protest, 282;
reply to the demand for evacuation, 286.
_Annapolis, Maryland_, first meeting of the commissioners to revise
Articles of Confederation held there, 87;
how revision was effected, 88.
_Anti-slavery and pro-slavery_, terms misleading the sympathies and
opinions of the world, 6.
_Armories_, the chief, where located, 480.
_Armory at Harper's Ferry_, burned by order of the United States
Government, 317;
a breach of pledges, 317;
machinery and materials largely saved, 317;
removed to Richmond, 317;
and Fayetteville, North Carolina, 317;
Armorer Ball, his skill and fate, 318.
_Arms and ammunition_, arrangements for the purchase of, 311;
agent sent to Europe, 311;
do. sent North, 311;
letter to Admiral Semmes, 311.
_Army officers_ choose their future place of service in disintegration
of the army, 306;
act of Confederate Congress relative to, 307.
_Arms_ within the limits of the Confederacy in 1861, 471;
do. powder, 472;
do. arsenals, 472;
cannon-foundries, 472;
the increased supply, 476.
_Army, Confederate_, its organization, instruction, and equipment, the
first object, 303;
provisions of the first bill of Congress, 304;
its modification for twelve months' men, 304;
fifth section of the act, 304;
system of organization, 305;
acts of Congress providing for its organization, 305;
act to establish army of Confederate States, 306;
its provisions, 306;
the army belongs to the States, and its officers return to the States
on its disintegration, 306;
provision securing rank to officers of the United States Army, 307;
the constitutional view, 307;
how observed, 307;
Generals appointed, 308;
efforts to increase the efficiency of, 384;
desire to employ the available force, 384;
organization of--early circumstances relating to it, 443;
the largest army in 1861 that of the Potomac, 443;
act of Congress relating to organization, 444;
the right to preserve for volunteers the character of State troops
surrendered by the States, 444;
efforts to comply with the law, 444;
obstruction to its execution, 444;
correspondence, 444.
_Arrest_, threats of, against Senators withdrawing from Congress, 226.
_Arrest and imprisonment_ of police authorities of Baltimore, 334.
_Arsenals_, contents of, in 1861, 471;
do. in Richmond, 479.
_Artillery_, extent of its manufacture, 473.
_Assault on us_, The, made by the hostile descent of the fleet to
relieve Fort Sumter, 292.
_Assertions_, of Everett and Motley examined, 130.
Baker, Edward, Colonel, killed at Ball's Bluff, 437.
Ball, Armistead, master armorer at Harper's Ferry, 317;
his gallant services, 317;
his capacity and fidelity, 318.
_Ball's Bluff_, defeat of the enemy at, 437;
losses, 437.
_Baltimore_, manly effort of her citizens to resist the progress of the
armies of invasion, 299;
occupied by United States troops, 333;
the city disarmed, 334;
arrest and imprisonment of police commissioners by General Banks,
334-'35;
provost-marshal appointed, 334;
search for and seizure of arms, 335;
report of a committee of the Legislature on the arrests, 335.
Banks, Major-General, unlawful proceeding of, in Baltimore, 334.
_Bargain, A_, can not be broken on one side, says Webster, and still
bind the other side, 167.
Barnwell, Robert W., commissioner from South Carolina to Washington,
213;
offered the place of Secretary of State under Provisional
Constitution, 241.
Bartow, Colonel, killed at Manassas, 357.
Beauregard, General P. G. T., correspondence with the Confederate
Government relative to Fort Sumter, 285, 286-287;
demands its evacuation; commands army at Manassas, 340;
orders troops from left to right at Manassas, 352;
his promotion, 359;
his statement of the defenses of Washington, 360;
report of the battle of Manassas, 368;
endorsement of the President, 369.
Bee, General Bernard, wounded at Manassas, 357.
Bell, John, nominated for the Presidency in 1860, 50;
offers to withdraw, 52.
_Belmont, Missouri_, occupied by Federal troops, 403;
afterward garrisoned by Confederate troops, 403;
Grant attempts to surprise the garrison, 403;
the battle that ensued, 404.
Benjamin, Judah P., Attorney-General under Provisional Constitution,
242.
"_Bible and Sharpe's rifles_," declaration of a famous preacher, 29.
"_Bloodletting, A little more_," the letter recommending, 249.
_Bond of Union, A_, necessary after the Declaration of Independence,
193;
Articles of Confederation followed, 193;
how amended, 193;
difference in the new form of government from the old one, 194;
the same principle for obtaining grants of power in both, 194;
amendments made more easy, 195.
_Border States_ promptly accede to the proposition of Virginia for a
Congress to adjust controversies, 248;
secession of the, 328.
Bonham, General, marches to Virginia with his brigade on her secession,
300;
commands brigade at Manassas, 353;
proposal that he shall pursue the enemy, 353.
_Bowling Green, Kentucky_, occupied by General Johnston, 406.
Breckinridge, John C., nominated for the Presidency in 1860, 50;
willing to withdraw, 52;
ex-Vice-President of United States, 399;
his address to the citizens of Kentucky, 399.
Brown, John, his raid into Virginia, 41;
how viewed, 41;
report of United States Senate committee, 41.
Brown, Mayor of Baltimore, visits with citizens President Lincoln, 332;
his report, 332.
Buchanan, President, his views and action in 1860, 54;
his objection to withdrawing the garrison from the forts in Charleston
Harbor, 215;
opposed to the coercion of States, 216;
view of the cession of a site for a fort, 217;
hope to avert a collision, 217;
message to Congress, with letter of South Carolina commissioners, and
his answer, 218;
his alarm at the state of affairs, 265.
Butler, Major-General B. F., occupies Baltimore with troops, 333.
Cabell, W. L., statement of field transportation at Manassas, 383.
_Cabinet_ of the President under the Provisional Constitution, 241.
_Cabinet, Mr. Lincoln's_, a transaction in, 276.
Calhoun, John C., his death, 17;
remarks of Mr. Webster, 17;
anecdote, 17;
extract from his speech, "How to save the Union," 55.