CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA
Adopted unanimously by the Congress
of the Confederate States of South Carolina, Georgia, Florida, Alabama,
Mississippi, Louisiana, and Texas, sitting in Convention at the capitol, in the
city of Montgomery, Alabama, on the Eleventh day of March, in the year Eighteen
Hundred and Sixty-One.
Preamble
We, the people of the Confederate
States, each State acting in its sovereign and independent character, in order
to form a permanent federal government, establish justice, insure domestic
tranquillity, and secure the blessings of liberty to ourselves and our
posterity--invoking the favor and guidance of Almighty God--do ordain and
establish this Constitution for the Confederate States of America.
Article I. - The Legislative Branch
Section 1 - The Legislature
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.
Section 2 - The House
1. The House of Representatives
shall be composed of members chosen every second year by the people of the
several States; and the electors in each State shall be citizens of the
Confederate States, and have the qualifications requisite for electors of the
most numerous branch of the State Legislature; but no person of foreign birth,
not a citizen of the Confederate States, shall be allowed to vote for any
officer, civil or political, State or Federal.
2. No person shall be a
Representative who shall not have attained the age of twenty-five years, and be
a citizen of the Confederate States, and who shall not when elected, be an
inhabitant of that State in which he shall be chosen.
3. Representatives and direct taxes
shall be apportioned among the several States, which may be included within
this Confederacy, according to their respective numbers, which shall be
determined by adding to the whole number of free persons, including those bound
to service for a term of years, and excluding Indians not taxed, three-fifths
of all slaves. ,The actual enumeration shall be made within three years after
the first meeting of the Congress of the Confederate States, and within every
subsequent term of ten years, in such manner as they shall by law direct. The
number of Representatives shall not exceed one for every fifty thousand, but
each State shall have at least one Representative; and until such enumeration
shall be made, the State of South Carolina shall be entitled to choose six; the
State of Georgia ten; the State of Alabama nine; the State of Florida two; the
State of Mississippi seven; the State of Louisiana six; and the State of Texas
six.
4. When vacancies happen in the
representation from any State the executive authority thereof shall issue writs
of election to fill such vacancies.
5. The House of Representatives
shall choose their Speaker and other officers; and shall have the sole power of
impeachment; except that any judicial or other Federal officer, resident and
acting solely within the limits of any State, may be impeached by a vote of
two- thirds of both branches of the Legislature thereof.
Section 3 - The Senate
1. The Senate of the Confederate
States shall be composed of two Senators from each State, chosen for six years
by the Legislature thereof, at the regular session next immediately preceding
the commencement of the term of service; and each Senator shall have one vote.
2. Immediately after they shall be
assembled, in consequence of the first election, they shall be divided as
equally as may be into three classes. The seats of the Senators of the first
class shall be vacated at the expiration of the second year; of the second
class at the expiration of the fourth year; and of the third class at the
expiration of the sixth year; so that one-third may be chosen every second year;
and if vacancies happen by resignation, or other wise, during the recess of the
Legislature of any State, the Executive thereof may make temporary appointments
until the next meeting of the Legislature, which shall then fill such
vacancies.
3. No person shall be a Senator who
shall not have attained the age of thirty years, and be a citizen of the
Confederate States; and who shall not, then elected, be an inhabitant of the
State for which he shall be chosen.
4. The Vice President of the
Confederate States shall be president of the Senate, but shall have no vote
unless they be equally divided.
5. The Senate shall choose their
other officers; and also a president pro tempore in the absence of the Vice
President, or when he shall exercise the office of President of the Confederate
states.
6. The Senate shall have the sole
power to try all impeachments. When sitting for that purpose, they shall be on
oath or affirmation. When the President of the Confederate States is tried, the
Chief Justice shall preside; and no person shall be convicted without the
concurrence of two-thirds of the members present.
7. Judgment in cases of impeachment
shall not extend further than to removal from office, and disqualification to
hold any office of honor, trust, or profit under the Confederate States; but
the party convicted shall, nevertheless, be liable and subject to indictment,
trial, judgment, and punishment according to law.
Section 4 - Elections, Meetings
1. The times, places, and manner of
holding elections for Senators and Representatives shall be prescribed in each
State by the Legislature thereof, subject to the provisions of this
Constitution; but the Congress may, at any time, by law, make or alter such
regulations, except as to the times and places of choosing Senators.
2. The Congress shall assemble at
least once in every year; and such meeting shall be on the first Monday in
December, unless they shall, by law, appoint a different day.
Section 5 - Membership, Rules,
Journals, Adjournment
1. Each House shall be the judge of
the elections, returns, and qualifications of its own members, and a majority
of each shall constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each House may
provide.
2. Each House may determine the
rules of its proceedings, punish its members for disorderly behavior, and, with
the concurrence of two-thirds of the whole number, expel a member.
3. Each House shall keep a journal
of its proceedings, and from time to time publish the same, excepting such
parts as may in their judgment require secrecy; and the yeas and nays of the
members of either House, on any question, shall, at the desire of one-fifth of
those present, be entered on the journal.
4. Neither House, during the session
of Congress, shall, without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the two Houses shall be
sitting.
Section 6 - Compensation
1. The Senators and Representatives
shall receive a compensation for their services, to be ascertained by law, and
paid out of the Treasury of the Confederate States. They shall, in all cases,
except treason, felony, and breach of the peace, be privileged from arrest
during their attendance at the session of their respective Houses, and in going
to and returning from the same; and for any speech or debate in either House,
they shall not be questioned in any other place. 'o Senator or Representative shall,
during the time for which he was elected, be appointed to any civil office
under the authority of the Confederate States, which shall have been created,
or the emoluments whereof shall have been increased during such time; and no
person holding any office under the Confederate States shall be a member of
either House during his continuance in office. But Congress may, by law, grant
to the principal officer in each of the Executive Departments a seat upon the
floor of either House, with the privilege of discussing any measures
appertaining to his department.
Section 7 - Revenue Bills,
Legislative Process, Presidential Veto
1. All bills for raising revenue
shall originate in the House of Representatives; but the Senate may propose or
concur with amendments, as on other bills.
2. Every bill which shall have
passed both Houses, shall, before it becomes a law, be presented to the
President of the Confederate States; if he approve, he shall sign it; but if
not, he shall return it, with his objections, to that House in which it shall
have originated, who shall enter the objections at large on their journal, and
proceed to reconsider it. If, after such reconsideration, two-thirds of that
House shall agree to pass the bill, it shall be sent, together with the objections,
to the other House, by which it shall likewise be reconsidered, and if approved
by two-thirds of that House, it shall become a law. But in all such cases, the
votes of both Houses shall be determined by yeas and nays, and the names of the
persons voting for and against the bill shall be entered on the journal of each
House respective}y. If any bill shall not be returned by the President within
ten days (Sundays excepted) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the Congress, by
their adjournment, prevent its return; in which case it shall not be a E law.
The President may approve any appropriation and disapprove any other
appropriation in the same bill. In such case he shall, in signing the bill,
designate the appropriations disapproved; and shall return a copy of such
appropriations, with his objections, to the House in which the bill shall have
originated; and the same proceedings shall then be had as in case of other
bills disapproved by the President.
3. Every order, resolution, or vote,
to which the concurrence of both Houses may be necessary (except on a question
of adjournment) shall be presented to the President of the Confederate States;
and before the same shall take effect, shall be approved by him; or, being
disapproved by him, shall be repassed by two-thirds of both Houses, according
to the rules and limitations prescribed in case of a bill.
Section 8 - Powers of Congress
The Congress shall have power -
1. To lay and collect taxes, duties,
imposts, and excises for revenue, necessary to pay the debts, provide for the
common defense, and carry on the Government of the Confederate States; but no
bounties shall be granted from the Treasury; nor shall any duties or taxes on
importations from foreign nations be laid to promote or foster any branch of
industry; and all duties, imposts, and excises shall be uniform throughout the
Confederate States.
2. To borrow money on the credit of
the Confederate States.
3. To regulate commerce with foreign
nations, and among the several States, and with the Indian tribes; but neither
this, nor any other clause contained in the Constitution, shall ever be
construed to delegate the power to Congress to appropriate money for any
internal improvement intended to facilitate commerce; except for the purpose of
furnishing lights, beacons, and buoys, and other aids to navigation upon the
coasts, and the improvement of harbors and the removing of obstructions in
river navigation; in all which cases such duties shall be laid on the
navigation facilitated thereby as may be necessary to pay the costs and
expenses thereof.
4. To establish uniform laws of
naturalization, and uniform laws on the subject of bankruptcies, throughout the
Confederate States; but no law of Congress shall discharge any debt contracted
before the passage of the same.
5. To coin money, regulate the value
thereof, and of foreign coin, and fix the standard of weights and measures.
6. To provide for the punishment of
counterfeiting the securities and current coin of the Confederate States.
7. To establish post offices and
post routes; but the expenses of the Post Office Department, after the Ist day
of March in the year of our Lord eighteen hundred and sixty-three, shall be
paid out of its own revenues.
8. To promote the progress of
science and useful arts, by securing for limited times to authors and inventors
the exclusive right to their respective writings and discoveries.
9. To constitute tribunals inferior
to the Supreme Court.
10. To define and punish piracies
and felonies committed on the high seas, and offenses against the law of
nations.
11. To declare war, grant letters of
marque and reprisal, and make rules concerning captures on land and water.
12. To raise and support armies; but
no appropriation of money to that use shall be for a longer term than two
years.
13. To provide and maintain a navy.
14. To make rules for the government
and regulation of the land and naval forces.
15. To provide for calling forth the
militia to execute the laws of the Confederate States, suppress insurrections,
and repel invasions.
16. To provide for organizing,
arming, and disciplining the militia, and for governing such part of them as
may be employed in the service of the Confederate States; reserving to the
States, respectively, the appointment of the officers, and the authority of
training the militia according to the discipline prescribed by Congress.
17. To exercise exclusive
legislation, in all cases whatsoever, over such district (not exceeding ten
miles square) as may, by cession of one or more States and the acceptance of
Congress, become the seat of the Government of the Confederate States; and to
exercise like authority over all places purchased by the consent of the
Legislature of the State in which the same shall be, for the erection of forts,
magazines, arsenals, dockyards, and other needful buildings; and
18. To make all laws which shall be
necessary and proper for carrying into execution the foregoing powers, and all
other powers vested by this Constitution in the Government of the Confederate
States, or in any department or officer thereof.
Section 9 - Limits on Congress, Bill
of Rights
1. The importation of negroes of the
African race from any foreign country other than the slaveholding States or
Territories of the United States of America, is hereby forbidden; and Congress
is required to pass such laws as shall effectually prevent the same.
2. Congress shall also have power to
prohibit the introduction of slaves from any State not a member of, or
Territory not belonging to, this Confederacy.
3. The privilege of the writ of
habeas corpus shall not be suspended, unless when in cases of rebellion or
invasion the public safety may require it.
4. No bill of attainder, ex post
facto law, or law denying or impairing the right of property in negro slaves
shall be passed.
5. No capitation or other direct tax
shall be laid, unless in proportion to the census or enumeration hereinbefore
directed to be taken.
6. No tax or duty shall be laid on
articles exported from any State, except by a vote of two-thirds of both
Houses.
7. No preference shall be given by
any regulation of commerce or revenue to the ports of one State over those of
another.
8. No money shall be drawn from the
Treasury, but in consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all public money
shall be published from time to time.
9. Congress shall appropriate no
money from the Treasury except by a vote of two-thirds of both Houses, taken by
yeas and nays, unless it be asked and estimated for by some one of the heads of
departments and submitted to Congress by the President; or for the purpose of
paying its own expenses and contingencies; or for the payment of claims against
the Confederate States, the justice of which shall have been judicially
declared by a tribunal for the investigation of claims against the Government,
which it is hereby made the duty of Congress to establish.
10. All bills appropriating money
shall specify in Federal currency the exact amount of each appropriation and
the purposes for which it is made; and Congress shall grant no extra
compensation to any public contractor, officer, agent, or servant, after such
contract shall have been made or such service rendered.
11. No title of nobility shall be
granted by the Confederate States; and no person holding any office of profit
or trust under them shall, without the consent of the Congress, accept of any
present, emolument, office, or title of any kind whatever, from any king,
prince, or foreign state.
12. Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble and petition the Government for a redress of
grievances.
13. A well-regulated militia being
necessary to the security of a free State, the right of the people to keep and
bear arms shall not be infringed.
14. No soldier shall, in time of
peace, be quartered in any house without the consent of the owner; nor in time
of war, but in a manner to be prescribed by law.
15. The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated; and no warrants shall issue but
upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched and the persons or things to be seized.
16. No person shall be held to
answer for a capital or otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor be compelled, in any criminal case, to be a
witness against himself; nor be deprived of life, liberty, or property without
due process of law; nor shall private property be taken for public use, without
just compensation.
17. In all criminal prosecutions the
accused shall enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining witnesses in
his favor; and to have the assistance of counsel for his defense.
18. In suits at common law, where
the value in controversy shall exceed twenty dollars, the right of trial by
jury shall be preserved; and no fact so tried by a jury shall be otherwise
reexamined in any court of the Confederacy, than according to the rules of common
law.
19. Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
20. Every law, or resolution having
the force of law, shall relate to but one subject, and that shall be expressed
in the title.
Section 10 - Powers prohibited of
States
1. No State shall enter into any
treaty, alliance, or confederation; grant letters of marque and reprisal; coin
money; make anything but gold and silver coin a tender in payment of debts;
pass any bill of attainder, or ex post facto law, or law impairing the
obligation of contracts; or grant any title of nobility.
2. No State shall, without the
consent of the Congress, lay any imposts or duties on imports or exports,
except what may be absolutely necessary for executing its inspection laws; and
the net produce of all duties and imposts, laid by any State on imports, or
exports, shall be for the use of the Treasury of the Confederate States; and
all such laws shall be subject to the revision and control of Congress.
3. No State shall, without the
consent of Congress, lay any duty on tonnage, except on seagoing vessels, for
the improvement of its rivers and harbors navigated by the said vessels; but
such duties shall not conflict with any treaties of the Confederate States with
foreign nations; and any surplus revenue thus derived shall, after making such
improvement, be paid into the common treasury. Nor shall any State keep troops
or ships of war in time of peace, enter into any agreement or compact with
another State, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of delay. But when any
river divides or flows through two or more States they may enter into compacts
with each other to improve the navigation thereof.
Article II. - The Executive Branch
Section 1 - The President
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 reeligible. The President and Vice President shall be elected as
follows:
2. Each State shall appoint, in such
manner as the Legislature thereof may direct, a number of electors equal to the
whole number of Senators and Representatives to which the State may be entitled
in the Congress; but no Senator or Representative or person holding an office
of trust or profit under the Confederate States shall be appointed an elector.
3. The electors shall meet in their
respective States and vote by ballot for President and Vice President, one of
whom, at least, shall not be an inhabitant of the same State with themselves;
they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice President, and they shall make
distinct lists of all persons voted for as President, and of all persons voted
for as Vice President, and of the number of votes for each, which lists they
shall sign and certify, and transmit, sealed, to the seat of the Government of.
the Confederate States, directed to the President of the Senate; the President
of the Senate shall,in the presence of the Senate and House of Representatives,
open all the certificates, and the votes shall then be counted; the person
having the greatest number of votes for President shall be the President, if
such number be a majority of the whole number of electors appointed; and if no
person have such majority, then from the persons having the highest numbers,
not exceeding three, on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But in
choosing the President the votes shall be taken by States~the representation
from each State having one vote; a quorum for this purpose shall consist of a
member or members from two-thirds of the States, and a majority of all the
States shall be necessary to a choice. And if the House of Representatives
shall not choose a President, whenever the right of choice shall devolve upon
them, before the 4th day of March next following, then the Vice President shall
act as President, as in case of the death, or other constitutional disability
of the President.
4. The person having the greatest
number of votes as Vice President shall be the Vice President, if such number
be a majority of the whole number of electors appointed; and if no person have
a majority, then, from the two highest numbers on the list, the Senate shall
choose the Vice President; a quorum for the purpose shall consist of two-thirds
of the whole number of Senators, and a majority of the whole number shall be
necessary to a choice.
5. But no person constitutionally
ineligible to the office of President shall be eligible to that of Vice
President of the Confederate States.
6. The Congress may determine the
time of choosing the electors, and the day on which they shall give their
votes; which day shall be the same throughout the Confederate States.
7. No person except a natural-born
citizen of the Confederate; States, or a citizen thereof at the time of the
adoption of this Constitution, or a citizen thereof born in the United States
prior to the 20th of December, 1860, shall be eligible to the office of
President; neither shall any person be eligible to that office who shall not
have attained the age of thirty-five years, and been fourteen years a resident
within the limits of the Confederate States, as they may exist at the time of
his election.
8. In case of the removal of the
President from office, or of his death, resignation, or inability to discharge
the powers and duties of said office, the same shall devolve on the Vice
President; and the Congress may, by law, provide for the case of removal,
death, resignation, or inability, both of the President and Vice President,
declaring what officer shall then act as President; and such officer shall act
accordingly until the disability be removed or a President shall be elected.
9. The President shall, at stated
times, receive for his services a compensation, which shall neither be
increased nor diminished during the period for which he shall have been
elected; and he shall not receive within that period any other emolument from
the Confederate States, or any of them.
10. Before he enters on the
execution of his office he shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the office
of President of the Confederate States, and will, to the best of my ability,
preserve, protect, and defend the Constitution thereof."
Section 2 - Civilian Power over
Military, Cabinet, Pardon Power, Appointments
1. The President shall be
Commander-in-Chief of the Army and Navy of the Confederate States, and of the
militia of the several States, when called into the actual service of the
Confederate States; he may require the opinion, in writing, of the principal
officer in each of the Executive Departments, upon any subject relating to the
duties of their respective offices; and he shall have power to grant reprieves
and pardons for offenses against the Confederate States, except in cases of
impeachment.
2. He shall have power, by and with
the advice and consent of the Senate, to make treaties; provided two-thirds of
the Senators present concur; and he shall nominate, and by and with the advice
and consent of the Senate shall appoint, ambassadors, other public ministers
and consuls, judges of the Supreme Court, and all other officers of the
Confederate States whose appointments are not herein otherwise provided for,
and which shall be established by law; but the Congress may, by law, vest the
appointment of such inferior officers, as they think proper, in the President
alone, in the courts of law, or in the heads of departments.
3. The principal officer in each of
the Executive Departments, and all persons connected with the diplomatic
service, may be removed from office at the pleasure of the President. All other
civil officers of the Executive Departments may be removed at any time by the
President, or other appointing power, when their services are unnecessary, or
for dishonesty, incapacity. inefficiency, misconduct, or neglect of duty; and
when so removed, the removal shall be reported to the Senate, together with the
reasons therefor.
4. The President shall have power to
fill all vacancies that may happen during the recess of the Senate, by granting
commissions which shall expire at the end of their next session; but no person
rejected by the Senate shall be reappointed to the same office during their
ensuing recess.
Section 3 - State of the Union,
Convening Congress
1. 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.
Section 4 - Disqualification
1. The President, Vice President,
and all civil officers of the Confederate States, shall be removed from office
on impeachment for and conviction of treason, bribery, or other high crimes and
misdemeanors.
Article III. - The Judicial Branch
Section 1 - Judicial powers
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.
Section 2 - Trial by Jury, Original
Jurisdiction, Jury Trials
1. The judicial power shall extend
to all cases arising under this Constitution, the laws of the Confederate
States, and treaties made, or which shall be made, under their authority; to
all cases affecting ambassadors, other public ministers and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to which the
Confederate States shall be a party; to controversies between two or more
States; between a State and citizens of another State, where the State is
plaintiff; between citizens claiming lands under grants of different States;
and between a State or the citizens thereof, and foreign states, citizens, or
subjects; but no State shall be sued by a citizen or subject of any foreign
state.
2. In all cases affecting
ambassadors, other public ministers and consuls, and those in which a State
shall be a party, the Supreme Court shall have original jurisdiction. In all
the other cases before mentioned, the Supreme Court shall have appellate
jurisdiction both as to law and fact, with such exceptions and under such
regulations as the Congress shall make.
3. The trial of all crimes, except
in cases of impeachment, shall be by jury, and such trial shall be held in the
State where the said crimes shall have been committed; but when not committed
within any State, the trial shall be at such place or places as the Congress
may by law have directed.
Section 3 - Treason
1. Treason against the Confederate
States shall consist only in levying war against.them, or in adhering to their
enemies, giving them aid and comfort. No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt act, or on
confession in open court.
2. The Congress shall have power to
declare the punishment of treason; but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life of the person
attainted.
Article IV. - The States
Section 1 - Each State to Honor all
others
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.
Section 2 - State citizens,
Extradition
1. The citizens of each State shall
be entitled to all the privileges and immunities of citizens in the several
States; and shall have the right of transit and sojourn in any State of this
Confederacy, with their slaves and other property; and the right of property in
said slaves shall not be thereby impaired.
2. A person charged in any State
with treason, felony, or other crime against the laws of such State, who shall
flee from justice, and be found in another State, shall, on demand of the
executive authority of the State from which he fled, be delivered up, to be
removed to the State having jurisdiction of the crime.
3. No slave or other person held to
service or labor in any State or Territory of the Confederate States, under the
laws thereof, escaping or lawfully carried into another, shall, in consequence
of any law or regulation therein, be discharged from such service or labor; but
shall be delivered up on claim of the party to whom such slave belongs; or to
whom such service or labor may be due.
Section 3 - New States
1. Other States may be admitted into
this Confederacy by a vote of two- thirds of the whole House of Representatives
and two-thirds of the Senate, the Senate voting by States; but no new State
shall be formed or erected within the jurisdiction of any other State, nor any
State be formed by the junction of two or more States, or parts of States,
without the consent of the Legislatures of the States concerned, as well as of
the Congress.
2. The Congress shall have power to
dispose of and make all needful rules and regulations concerning the property
of the Confederate States, including the lands thereof.
3. The Confederate States may
acquire new territory; and Congress shall have power to legislate and provide
governments for the inhabitants of all territory belonging to the Confederate
States, lying without the limits of the several Sates; and may permit them, at
such times, and in such manner as it may by law provide, to form States to be
admitted into the Confederacy. In all such territory the institution of negro
slavery, as it now exists in the Confederate States, shall be recognized and
protected 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.
4. The Confederate States shall
guarantee to every State that now is, or hereafter may become, a member of this
Confederacy, a republican form of government; and shall protect each of them
against invasion; and on application of the Legislature or of the Executive
when the Legislature is not in session) against domestic violence.
Article V. - Amendment
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.
Article VI. - The Confederacy
Section 1 - Transition from the
Provisional Government
1. 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.
Section 2 - Debts of the Provisional
Government
2. All debts contracted and
engagements entered into before the adoption of this Constitution shall be as
valid against the Confederate States under this Constitution, as under the
Provisional Government.
Section 3 - Supremacy of the
Constitution
3. This Constitution, and the laws
of the Confederate States made in pursuance thereof, and all treaties made, or
which shall be made, under the authority of the Confederate States, shall be
the supreme law of the land; and the judges in every State shall be bound
thereby, anything in the constitution or laws of any State to the contrary
notwithstanding.
Section 4 - Oaths of Office
4. The Senators and Representatives
before mentioned, and the members of the several State Legislatures, and all
executive and judicial officers, both of the Confederate States and of the
several States, shall be bound by oath or affirmation to support this
Constitution; but no religious test shall ever be required as a qualification
to any office or public trust under the Confederate States.
Section 5 - Reservation of
unenumerated rights
5. The enumeration, in the
Constitution, of certain rights shall not be construed to deny or disparage
others retained by the people of the several States.
Section 6 - State powers
6. The powers not delegated to the
Confederate States by the Constitution, nor prohibited by it to the States, are
reserved to the States, respectively, or to the people thereof.
Article VII. - Ratification
1. The ratification of the conventions
of five States shall be sufficient for the establishment of this Constitution
between the States so ratifying the same.
2. When five States shall have
ratified this Constitution, in the manner before specified, the Congress under
the Provisional Constitution shall prescribe the time for holding the election
of President and Vice President; and for the meeting of the Electoral College;
and for counting the votes, and inaugurating the President. They shall, also,
prescribe the time for holding the first election of members of Congress under
this Constitution, and the time for assembling the same. Until the assembling
of such Congress, the Congress under the Provisional Constitution shall
continue to exercise the legislative powers granted them; not extending beyond
the time limited by the Constitution of the Provisional Government.
HOWELL COBB,
President of the Congress.
1. South Carolina: R.
Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W.
Barnwell, William W. Boyce, Lawrence M. Keitt, T. J. Withers.
2. Georgia: Francis
S. Bartow, Martin J. Crawford, Benjamin H. Hill, Thos. R. R. Cobb.
3. Florida: Jackson
Morton, J. Patton Anderson, Jas. B. Owens.
4. Alabama: Richard
W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale,
David P. L,ewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry.
5. Mississippi: Alex.
M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke,
W. P. Harris, J. A. P. Campbell.
6. Louisiana: Alex.
de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall.
7. Texas: John
Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T.
Wigfall, John Gregg, William Beck Ochiltree.