;.) j,>Mf I . ^t-fym. -mnr j^^ PERKINS LIBRARY Uulce University Kare Dooks Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/permanentconstitOOconf 1* 1. PERMANENT CONSTITUTION OF THt; ^^I'N J NFEDERATE STATES OF AMERICA! ADOPTED BY THE CONFEDERATE CONGRESS, MARCH 11, 1861 ?> • ■DK, •4*— ,\*:» ir^w'L i c ^ v.- _ ■..■ _ i»l^ --• 1^ »-- 1. 1^0.'.-- — '' PERMANENT CONSTITUTION OF THE COIFEDERATE SIHES OF AIERICA ADOPTED BY THE CONFEDERATE CONGRESS, MARCH 11, 18G1. RICHMOND: PRINTED BY JAMES E. GOODE, 1861. c cojntederate constitution. J "We, the people of the Confederate States, each state acting in its sove- reign 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 constitu- tion for the Confederate States of America: ARTICLE I. 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. • SECTION 2. 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 po- litical, 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. Tho actual enumeration shall be made within three j'^ears after the first meet- ing of the congress of the Confederate States, and within every subse- quent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every fifty thou- sand, 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 va- cancies. 5. The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeacliment; 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. 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 vacan- cies happen by resignation or otherwise during the recess of the legisla- ture of any state, the executive thereof may make temporary appoint- ments 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 Avho shall not, Avhcn elected, be an inhabitant of the state for whicli 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 ^^liall choose their officers; and also a president p7'o 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-tliirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and onjoy 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. 1. The times, place and manner of holding elections for senators and represenatives shall be prescribed in eacli 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. 1. Each house shall be the judge of the elections, returns and qualfi- cations 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 mem- bers 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 tlie whole number expel a member. 8. p]ach liouse shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and nays of' the members of either house, on any question, shall at the de'iire of one-fifth of those present, be en- tered 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 plnrp lli.-ri tV»nf ^1^ vW-A, i\c ♦v,-/-, housCS }-hal1 V,C lejttin"'. SECTION 6. 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 atten- dance at the session of their respective houses and in going to and re- turning from the same; and for any speech or debate in either house they shall not be questioned in any other place. 2. 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 Av.hich 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. 1. All bills for raising the revenue shall originate in the house of rep- resentatives ; but the senate may propose or concur Avith amendments as on other bills. 2. Every bill which shall have passed both houses, shall, before it be- comes 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 sliall 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 tlie 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 adjourn- ment, prevent its return; in which case it shall not be a law. The pre- sident may approve any appropriation and disapprove any other appro- priation 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 eflfect, 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. SECTION 8. The congi-ess 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- tions from foreign nations be laid to promote or foster any branch of industr}^ 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 tliis, 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 navi- gation 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: 8 C. 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 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 respec- tive vvritin2;s 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 ofiences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and on water : 12. To raise and support armies ; bnt 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 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 carryr 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 9 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 case of rebellion or invasion the public safety may require it. 4. Tn 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 ai tides 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 pay- ing its own expenses and contingencies; or for tlie 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 estab- lish. • 10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation, and the purposes for Avhich it is made; and congress sliall 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. 2 10 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 Avell regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be in- fringed, 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 infa- mous 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 pro- cess 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. 13. 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 jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the common law. 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. 11 SECTION 10. 1. No state shall enter into any treaty, allianc^W)r confederation ; grant letters of marque and reprisal ; coin money; make any thinfi; but gold and silver coin a tender in payment of debts ; pass any bill of attainder, or ex j^ost facto law, or law ini])airing the obligation of con- tracts ; or grant .any title of nobility. 2. No state shall, without the consent of the congress, lay any im- posts or duties on imports or exports, except what may be absolutely necessary for executing its inspection lows ; and the net produce of all duties and imposts, laid b}'^ 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 nations ; and any surplus revenue, thus derived, shall, after making such improve- ment, be paid into the common treasmy. Nor shall any state keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more states, they may enter into -compacts with each other to improve the navigation thereof. ARTICLE II. SECTION I. 1. The executive poAvcr shall be vested in a president of tlie Confede- rate States of America. He and the vice-president shall hold their oflices for the term of six years ; but the president shall not be re- eligible. The president and vice-president shall bo elected as follows: 2. Each state shall appoint, in such manner as the legislature thcrco> 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 thr Confederate States, shall be appointed an elector. 3. The electors shall meet in their respective states and vote by bal- lot for president and vice-president, one of whom, at least, shall not bo 12 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 fi#^as vice-president, and they shall mate 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 goverment 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 numher be a majority of the whole num- ber 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 repre- sentatives 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 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 thai 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 ; Avhich 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 De- cember, 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 13 of thirty-five years, and been fourteen years a resident witliin tlie 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 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 in- ability, both of the president and vice-president, declaring what officer shall then act as president ; and such officers shall act accordingly, until the disability be removed or a president shall be elected. 0. The president shall, at stated times, receive for his services a com- pensation, 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 of America, 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 par- dons for offences against the Confederacy, except in cases of impeach- ment. 2. lie 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 app