ftj^^ The constitutio Conf Pam #764 m THE CONSTITUTION OF THE ■ w d^crnfederatc ^tate55 of America. ADO^^SBLliNAiinifoU&IrY BY THE Congress of the Confederate States of America, March lith, 1861. JAflTZ:* niA EXTRACT FROM THE JOURNAL OF THE CONGRESS. fr ^ Congress, March 11, 1861. On the question of the adoption of the Constitution of the Confederate States of America, the vote was taken by yeas and nays; and the Constitution was unanim- ously adopted, as follows : Those who voted in the afiSramtive being Messrs. Walker, Smith, Curry, Kale, McRae, Shorter and Fearn, of Alabama, (Messrs. Chilton and Lewis being absent:) Messrs. Morton, Anderson and Owens, of Florida; Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R. Cobb and Stephens, of Georgia, (Messrs. Crawford and Kenan being absent;) Messrs. Perkins, de Clouet, Conrad, Kenner, Sparrow and Marshall, of Louisiana; Messrs. Harris, Brooke, Wilson, Clayton, Barry and Harrison, of Mississippi, (Mr. Campbell being absent;) Messrs. Rhett, Barnwell, Keitt, Chesnut, Memminger, Miles, Withers and Boyce, of South Carolina ; Messrs. Reagan, Hemphill, Waul, Gregg, Oldhata and Ochiltree, of Texas, (Mr. Wig- fall being absent.) A true copy: .T. J. HOOPER, Secretary of the CongreaSt Congress, March 11, 1861. I do hereby certify that the foregoing are, respectively, true and correct copies of "The Constitution of the Confederate States of America," unanimously adopted this day, and of the yeas and nays, on the question of the adoption thereof. HOWELL COBB, President of the Congress. fl{0n^tituti0n ^f M ^onfdmk ^Mt%. 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 tranquility and secure the blessings of liberty to ourselves and our posterity — ^invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America. ARTICLE I. Section 1 . 1. All legislative powers herein delegated shall be vested in a Con- gress of the Confederate States, which shall consist of a Senate and House of Representatives. Section 2. 1. The House of Representatives shall he 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 mof!t numerous branch of the State Legislature ; but no person of foreigli 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 sluiU 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 inhabitrtut 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, accord- ing 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 aftel* 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 numl)er of Representatives shall not exceed one for every fifty thousand, but each state shall have at least one Representa- tive ; 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 Missisiroved by him, shall be re-passed by two-thirds of both Houses accord- ing to the rules and limitations prescribed in case of a bill. Section 8. 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 defence, 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 importa- Constitution" of the Confederate States. 7 tions from foreign nations be laid to promote or foster any branch of industry ; and all duties, imposts, and excises shall be uniform through- out 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, beacotta, and buoys, and other aids of 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 Qf 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 establisli postoffices and post routes ; but the expenses of the Postoffice 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 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 sapreme court : 10. To define and punish piracies and felonies committed on the high seas, and offences 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 : 10. 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 : »0 51HT rsitilfiu edi 8 Constitution of the Confederate States. 11. 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 carry- ing 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. 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 corbus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. 4. No bill of attainder, c.j: 2^0^ facto law, or law denying or imparing the right of property in negro slaves shall be passed. 5. No capitation or other direct tax shall be laid, unless in propor- tion 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. 1. 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 department, 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 establi^^. Constitution of the Confederate States. 9 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 reli- gion, 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, sup- ported 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 offence 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 witness against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. 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 re-examined in any court of the Confederacy, than according to the rules of the common law. if fl- MTAfla"' oTl M .eljiJ erfJ m T ;>. ono inrf TO 10 Constitution of the Confederate States. 19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment 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. 1. No state shall enter into any treaty, aUiance, or confederation ; grant lettei-g 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 jjost facto law, or law impairing the obligation of con- tracts; 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 neces- sary for executing its inspection laws ; and the nett 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 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 na- tions ; 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 TI. Section 1 . 1. The executive power shall be vested in a President of the Con- federate States of America. He and the Vice-President shall hold their oflSces for the term of six years ; but the President shall not be re-ehgible. The President and Vice-President shall be elected as ■follows : 2. Each state shall appoint, in such manner as the legislature there- of may direct, a number of electors equal to the whole number of Sena- tors 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. Constitution of the Confederate States. 11 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 namo in their ballots the person voted for as President, and in distinct ballots the person voted for as Yice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Yice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the govern- ment 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 ma- jority, then, from the persons having the highest numbers, not exceed- ing 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 represantation 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 Pre- sident, 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. earn. ■fo/fi lol ■ baa oinnski odi io \ i -am rfojj, .' /. -Bsaoxa I'i. ^0 ■ ..,|4 i.ff: i,iU. ii 12 Constitution of the Confederate States. 8. Ill 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. 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 re- ceive 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. 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 re- quire 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 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 pro- vided 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 I'resident alone, in the courts of laws 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 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, thp removal shall be reported to the Senate, together with the rpasons llierefor. Constitution of the Confederate States. 13 4. The President shall have power to fill all vacancies that may- happen during the recess of the Senate, by granting commission which shall expire at the end of their next session ; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess. Section 3. 1. The President shall, from time to time, give to the Congress in- formation of the state of the Confederacy, and recommend to their con- sideration such meausures 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 com- mission all the oflScers of the Confederate States. Section 4. 1. The President, Vice-President, and all civil officers of the Con- federate States, shall be remdved from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. Section 1 . 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. 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 am- bassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the Confederate States shall be a party ; controversies between two or more states ; be- tween a state and citizen of another state where the state is plaintiff; be- tween 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. ,17 Ifo 113 oi tOTfoq 07flrf llnrfa ^nabias'i*! 9iiT .^ •A .frnrf T .1 iTTfcVloO ^i iTlKf fllfl • V(\ 14 Constitution of the Confederate States. 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. 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 trea* son, but no attainder of treason shall work corruption of l)]ood, or for' feiture, except during the life of the person attainted. ARTICLE lY. Section 1. 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 Con- gress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. 1. The citizens of each state shall b(! entitled to all the i>rivileges 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 })roperty : 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, oh demand of the executive authority of the state from which he fled, be delivered up, to l^e 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 regula- tion therein, be discharged from such service or labor: but shall be de- Constitution of the Confederate States. 15 livered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. Section 3. 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 ptate 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 inhabi* tants 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 ad» mitted into the Confederacy. In all such territory, the institution of negro slavery as it now exists in the Confederate States, shall be re- cognized and protected by Congress, and by the territorial governments, and the inhabitants of the several Confederate States and Territories, shall have the riglit 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 guaranty to every state that now is or hereafter may become a member of this Confederacy, a republican form of government, and shall protect each of them against invasion ; and on application of the legislature (or of the executive when the legislature is not in session) against domestic violence. ARTICLE V. Section 1 , 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 sucfi 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: ;itat8 aTAaaasi'aJioO mht io /.oiTUTiTaKoO .■nib Oil nhr riirij ojfii b8i«Trcni)j; -ioiIjO .1 3.^ 16 Constitution of the Confederate States. ARTICLE VI 1. The Government establised 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 oflScers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished. 2. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as under the Provisional Government. 3. This Constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. 4. The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the Confederate States, and of the several states, shall be bound by oath or affirmation, to support this Constitution ; and no religious test shall ever be required as a qualification to any office or public trust under the Confederate States. 5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several states. 6. The powers not delegated to the Confederate States by the Con- stitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people thereof. ARTICLE VII 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-Presi- dent ; and, for the meeting of the Electoral College ; and, for countjttg ,W" the votes, and inaugurating the President, They shall, also, prescWiJ?« the time for holding the first election of members of Congress und^rtlis Constitution, and the time for assembling the same. IT