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to this decision it is unnecessary now to speak. location of a seat of government, or for sites for forts, It is sufficient to announce that by the judg- reference made to the territorial powers of the Proment of our constituents they have been pro- . visional Government. nounced ample and sufficient. It is now a fixed 3d. The section in the old Constitution in reference and irrevocable fact. The separation is perfect, to capitation and other direct tax is omitted ; also the complete, and perpetual.
section providing that no tax or duty shall be laid on " The great duty is now imposed upon us of
4th. The prohibition against States keeping troops providing for these States a Government for
or ships of war in time of peace is omitted. their future security and protection. We can 5th. The Constitution being provisional merely, no And should extend to our sister States our provision is made for its ratification. late sister States-who are identified with us Amendments.- 1st. The fugitive slave clause of the in interest, feeling, and institutions, a cordial “slave," and to provide for full compensation in cases
old Constitution is so amended as to contain the word welcome to unite with us in a common destiny of abduction or forcible rescue on the part of the
- desirous at the same time of maintaining State in which such abduction or rescue may take place. with our former confederates, as with the 2d. Congress, by a vote of two-thirds, may at any world, the most peaceful and friendly relations, time alter or amend the Constitution.
Temporary Provisions.-1st. The Provisional Govboth political and commercial.
ernment is required to take immediate steps for the "Our responsibilities, gentlemen, are great, settlement of all matters between the States forming and I doubt not we shall prove equal to thé it and their late confederates of the United States occasion. Let us assume all the responsibility in relation to the public property and the public debt.
2d. Montgomery is made the temporary seat of govwhich may be necessary for the successful com
ernment. pletion of the great work committed to our 3d. This Constitution is to continue one year, unless care, placing before our countrymen and the altered by a two-thirds vote or superseded by a perworld our acts and their results, as the justifi- manent government. cation for the course we may pursue, and the policy we may adopt. With a consciousness
The tariff clause provided that “ Congress of the justice of our cause, and with confidence shall have power to lay and collect taxes, duin the guidance and blessings of a kind Provi- ties, imposts, and excises for revenue necessary dence, we will this day inaugurate for the to pay the debts and carry on the Government South a new era of peace, security, and pros- of the Confederacy, and all duties, imposts, and perity."
excises shall be uniform throughout the ConThe rules of the Convention were drawn on
federacy." the principle that it was a Congress of sov
The first section of Article I. is as follows: ereign and independent States, and the mem
“All legislative powers herein delegated shall be bers should therefore vote by States,
vested in this Congress, now assembled, until otherwise On the 7th of February, the Committee on a ordained.” Provisional Government reported a plan which
The fifth article is as follows: was discussed in secret session. On the 8th, the Constitution of the United States was
“ The Congress, by a vote of two-thirds, may, at any
time, alter or amend this Constitution." sdopted with some amendments, as follows: Alterations.-Ist. The Provisional Constitution dif
The other portions of the Constitution are fers from the Constitution of the United States in nearly identical with the Constitution of the this: That the legislative powers of the Provisional United States. Government are vested in the Congress now assem- On the next day after the adoption of the bled, and this body exercises all the functions that Provisional Constitution, at the opening of are exercised by either or both branches of the United Congress, the President of the body was sworn States Goverument.
2d. The Provisional President holds his office for one by R. W. Walker to support the new Constituyear, unless sooner superseded by the establishment tion, and the oath was then administered in of a permanent governinent. 3d. Each State is erected into a distinct judicial dis, the order in which they were called by States.
turn by the President to all the members, in trict, the judge having all the powers heretofore vested in the district and circuit courts; and the several dis- At a quarter past twelve o'clock in the aftertrict judges together compose the supreme bencha noon the Congress threw open its doors, after majority of them constituting a quorum.
having previously gone into secret session, and United States Constitution the word “ Confederacy” were taken by States, each State being allowed
Ath. Wherever the word Union" occurs in the proceeded to elect a President. The ballots is substituted. Additions.--Ist
. The President may veto any sep- one vote. On counting, it was found that Jefarate appropriation without vetoing the whole bill in ferson Davis, of Mississippi, had received six which it is contained.
votes, the whole number cast. The same for%d. The African slave trade is prohibited.
8d. Congress is empowered to probibit the intro- mality was gone through in the election of duction of slaves from any State not a member of this Vice-President, resulting
likewise in the unaniConfederacy.
mous election of Alexander H. Stephens, of 4th. All appropriations must be upon the demand Georgia. of the President or heads of departments.
An immense crowd had gathered on the Omissions. -- Ist. There is no prohibition against floor and in the galleries to witness the elecmembers of Congress holding other offices of honor tion of the first President of the Confederate and emolument under the Provisional Government. 9d. There is no provision for a neutral spot for the States of America." The election of Davis and
Stephens was greeted with loud cheers and employed in directing attention to such matapplause from the spectators.
ters as providing the necessary postal arrangeThe President of the Convention was di- ments, making provision for the transfer of the rected to appoint Committees on Foreign Af- custom-houses from the separate states to ihe fairs, Finance, Military and Naval Affairs, the Confederacy, and the imposition of such duties Judiciary, Postal Affairs, Commerce, Patents, as are necessary to meet the present expected and Printing.
exigencies in the exercise of power, and raise a A bill was passed continuing in force, until revenue. We are limited in the latter object repealed or altered by Congress, all the laws of to a small duty, not exceeding ten per centum tho United States which were in force on the upon importations. We can also be devoting 1st of November, 1860, not inconsistent with attention to the Constitution of a permanent the Constitution of the Provisional Govern- Government, stable and durable, which is one ment,
of the leading objects of our assembling. A resolution was adopted instructing the Fi. "I am now ready to take the oath." nance Committee to report promptly a tariff The oath was accordingly administered. bill for raising a revenue for the support of the A committee of two from each State was Provisional Government.
appointed to form a permanent Constitution for A resolution was also adopted authorizing the Confederacy. the appointment of a Committee to report a On the 12th resolutions were offered to conConstitution for a permanent Government of tinue in office the revenue officers of the rethe Confederacy.
spective States. The name Confederate States of North It was also resolved “That this Government America" was also adopted for the Union rep- takes under its charge all questions and difficul. resented at Montgomery.
ties now existing between the sovereign States At the session on the next day, Mr. Stephens of this Confederacy and the Government of the appeared and announced his acceptance of the United States relating to the occupation of office of Vice-President, and said :
forts, arsenals, navy-yards, custom-houses, and "I have been notified by the committee of all other public establishments, and the Presmy election as Vice-President of the Provise ident of this Congress is directed to communiional Government of the Confederate States of cate this resolution to the Governors of the reAmerica. The committee requested that I spective States of the Confederacy." should make known to this body, in a verbal On the 13th of February, the Committee en response, my acceptance of the high position I Naval Affairs, and also the Committee on Mihhave been called upon to assume, and this I tary Affairs, were instructed to include in any now do in this august presence_before you, plans they might propose for the army and Mr. President, before this Congress, and this navy, provisions for such officers as might tenlarge concourse of people, under the bright sun der their resignations. and brilliant skies which now smile so felici- A resolution was also adopted instructing the tously upon us.
Committee on Commercial Affairs to inquire "I take occasion to return my most profound and report upon the expediency of repealing acknowledgments for this expression of confi- the navigation laws. dence on the part of this Congress. There are A debate took place on the subject of a Ns especial reasons why I place an unusually high tional flag, proposing to make only such changes estimate on it. The considerations which in- as might be necessary to distinguish it easily duced me to accept it, I need not state. It is from that of the United States. sufficient for me to say that it may be deemed Mr. Brooks, in the course of his remarks, questionable if any good citizens can refuse to said the flag of stars and stripes is the idol of discharge any duty which may be assigned the heart, around which cluster memories of them by their country in her hour of need. the past which time cannot efface, or cause to
“It might be expected that I should indulge grow dim. in remarks on the state of our public affairs Mr. Miles, in reply, said he had regarded the dangers which threaten us, and the most from his youth the stars and stripes as the en advisable measures to be adopted to meet our blem of oppression and tyranny. pressing exigencies; but allow me to say, in The Committee to whom the subject was the absence of the distinguished gentleman referred made a report, which was unanimoue called to the Chief Executive Chair, I think it ly adopted. It recommended that the flag of best that I should refrain from saying any the Confederate States should consist of three thing on such matters. We may expect him bars of red and white-the upper red, middle here in a few days-possibly by Wednesday- white, lower red. The lower bar should er. if he is not providentially detained. When he tend the whole width of the flag, and just above comes you will hear from him on these difficult it, next to the staff in the upper left hand cornet questions; and I doubt not we shall cordially of the flag, should be a blue Union with seran and harmoniously concur in any line of policy stars in a circle. his superior wisdom and statesmanship may The form of Government adopted by the Cooindicate.
gress was chiefly objected to, so far as it held “In the mean time, we may be profitably out any encouragement for reconstruction, e
any indacement to the Border Slave States to a new channel to the sea. We are informed remain in the Union with the North.
that at Pittsburg, Pennsylvania, more than On the 15th, Congress made arrangements 20,000 bales of cotton have already been refor the reception and inauguration of President ceived, conveyed thither up the Mississippi Davis. An official copy of the Texas secession and Ohio rivers. We are also informed that ordinance was presented, and the deputy pres- more than 20,000 bales of cotton from Rome, ent invited to å seat, although the ordinance Georgia, have been sent by railroad to seek á had not been ratified.
port at Norfolk and Alexandria. We are furThere was then a secret session, during which ther informed that the directors of the railroads a resolution was passed removing the injunction connecting with the principal lines in our terof secrecy from an act continuing in office the ritory are now concerting schemes for the purofficers connected with the collection of cus- pose of reducing freights on those roads, in toms at the time of the adoption of the Consti- order in that way to entice our cotton to martation of the Confederate States, with the sala- kets in Northern ports. ries and powers as heretofore provided; the The result of such a course, if successful, compensation not to exceed five thousand dol- would, in the first place, necessarily be to make lars. The collectors were required, within two the blockade of our ports a matter of no imweeks, to execute the same bonds as heretofore, portance to foreign nations; secondly, it would and the subordinates to give bond. One week destroy all commerce with our own seaports ; after the collectors were required to take the and, thirdly, and most important of all, it would oath to discharge their duties, and support the compel us to receive all the imported goods we Constitution of the Provisional Government. might need after paying duties on them in New The Secretary of the Treasury had been in- York City. These considerations have induced structed to report a plan, to go into effect on me to offer this resolution of inquiry. I do not the first of April, diminishing the expenses of think that the resolution should elicit discussion collecting the revenue at each custom-house at at the present time, but, after the Committee on least fifty per cent.
Finance have made their report, it may become The 18th was devoted to the splendors and å grave matter for the consideration of this gaieties of a Presidential inauguration, which body." was regarded as the grandest pageant over The resolution 'was adopted. witnessed in the Southern States.
The President then nominated, and the ConOn the 19th, measures were adopted to ad- gress confirmed, the following: Mr. Toombs, mit, duty free, all breadstuffs, provisions, mu- of Georgia, Secretary of State ; Mr. Memminnitions of war, or materials therefor, living ger, of South Carolina, Secretary of the Treasanimals, and agricultnral products in their nato ury; and L. Pope Walker, of Alabama, Secreural state ; also goods, wares, and merchandise tary of War. from the United States purchased before the On the 22d, an act was unanimously passed 1st of March, and imported before the 14th of declaring the free navigation of the Mississippi March. Texas was excepted from the opera- River to be established. tion of the tariff laws.
On the 26th, an act was passed defining more On the next day the Departments of War, accurately the exemption of duty on certain Nary, Justice, Postal Affairs, State and Treas- goods; also, an act modifying the navigation try, were organized.
laws; an act in relation to the slave trade, for On the 21st, a resolution was introduced by which the punishment was defined ; an act orMr. Cobb instructing the Committee on Finance ganizing the general staff of the army; and an to inquire into the expediency of laying a duty act authorizing the establishment of additional on cotton exported from the Confederate States ports of entry and delivery. to any foreign country.
Subsequently the nomination of Gustave T. Mr. Cobb, on presenting the resolution, said: Beauregard, of Louisiana, as Brigadier-General
“I am not prepared to discuss the policy of of the Provisional Army, was confirmed. levying such a duty. That we have the power An act to raise provisional forces for the to do so there can be no doubt. I apprehend Confederate States and for other purposes was that we are conscious of the power we hold in passed. It directed, among other provisions, our haods by reason of our producing that sta- that the President should take charge of all the ple so necessary to the world. I doubt not that military operations between the Confederacy power will exert an influence mightier than and other Powers. armies and navies. We know that by an em- An act was also passed to raise money to bargo we could soon place, not only the United support the Government. It authorized the States, but many of the European Powers, under President to borrow $15,000,000, payable in the necessity of electing between such a recog- ten years, at an interest of eight per cent. The nition of our independence as we require, or last section directed an export duty of onedomestic convulsions at home.
eighth per cent. on each pound of cotton ex“The information in our possession seems to ported after the 1st of August following, to justify such an inquiry as the resolution pro- create a fund to liquidate princi and interest poses. It is a fact that some of the cotton now of the loan. produced in this Confederacy is already seeking The postal system of the Confederate States was adopted on the report of the Committee States. The parts in which it differs from the of Congress, made on the 25th of February, latter either by variations from, or additione The report stated that the expenses, over and thereto, are herewith presented. It begins with above receipts, for the post-office service in the the following preamble: six States (Texas not included) composing the
We, the people of the Confederate States, each Confederacy, were, for the year ending June 30, State acting in its sovereign and independent charee 1859, $1,660,695. The Committee recommend- ter, in order to form a permanent Federal Gorers ed an increase of postage rates, by which they ment, establish justice, insure domestic tranquility, estimated an increase of receipts of $578,874. and secure the blessings of liberty to ourselves and They also recommended a new mode of letting Almighty God-do ordain and establish this Coestitocontracts, on what was called the “starbid sys- tion for the Confederate States of America. tem,” by which it was hoped to save $619,033. Some routes were to be discontinued, by which the following restriction on the rights of safe
The second section of the first article imposes $206,344 would be saved. Daily service was frage, in order to correct an abuse which has in some cases, to be changed to tri-weekly, and thus another $206,344 would be saved. Minor sprung from the action of certain States in the post-offices were to be abolished, and 850,000 Union which have granted the right of voting
to unnaturalized aliens : saved. These savings and the expected increase were estimated by the Committee to cover the of members chosen every second year by the people
The House of Representatives shall be composed deficiency. Present mail contracts were to be of the several States; and the electors in each state assumed by the
Government until all the routes shall be citizens of the Confederate States, and bare were re-let. The rates of postage proposed the qualifications requisite
for electors of the most were: on each letter of half an ounce or less, numerous branch of the State Legislature ; but no five cents for five hundred miles, and ten cents person of foreign birth not a citizen of the Confeder
ate States, shall be allowed to vote for any officer, cri for over five hundred miles; drop and adver- or political, State or Federal. tised letters two cents. Newspaper postage
In adjusting the basis of representation and was put at varying but not high rates. Stamps direct taxation, “ three-fifths of all slaves " are were to be used. The franking privilege was enumerated, as in the Constitution of the United abolished, except in the case of the Post-Office States, which substitutes for the
word " slaves" Department. Letter registration was repealed. the term “other persons." The number of
On the 6th of March, the appointment of Representatives given prior to an actual enn. John H. Reagan, as Postmaster-General, was meration of the population, appointed to take confirmed. On the next day, a bill was reported providof the Congress of the Confederate States, and
place within three years after the first meeting ing that, in the event of a conflict or a refusal within every subsequent term of ten years, is by the United States to recognize the independ- as follows: ence of the Confederacy, no Court in the Confederate States should have cognizance of civil choose sis, the State of Georgia ten, the State of Als
The State of South Carolina shall be entitled to cases hy citizens of the United States, and that bama nine, the State of Florida two, the State of Mis all civil cases pending should be dismissed. sissippi seyen, the State of Louisiana six, and the State
A resolution was adopted authorizing the of Texas six. President to instruct the Commissioners to the On the subject of impeachments, the followEuropean Courts to enter into a treaty for an ing provision is made : extension of international copyright privileges. The House of Representatives shall choose their
On the same day, an act was passed authoriz- Speaker and other officers, and shall have the sale ing a military force of 100,000 men to be raised. power of impeachment, except that any judicial er The first section is in these words:
Other Confederate officer, resident and acting sedelo
within the limits of any State, may be impeached by Sec. 1. The Congress of the Confederate States of
a vote of two-thirds of both branches of the Legisls America do enact
, That in order to provide speedily ture thereof. forces to repel invasion, maintain the rightful posses- It is provided that the Senators of the corsion of the Confederate States of America in every por- federate States shall be chosen by the State tion of territory belonging to each State, and to se Legislatures “at the regular session nest imthreatened assault, the President be and he is hereby mediately preceding the commencement of the authorized to employ the militia, military, and naval term of service." forces of the Confederate States of America, and ask It is provided that the concurrence of "twoteers, not exceeding one hundred thousand, who may shall be necessary to the expulsion of a memfor and accept the services of any number of volun- thirds of the whole number” of each House artillery, or infantry, in such proportion of these sev. ber. eral arms as he may deem expedient, to serve for Congress is authorized to make the following twelve months after they shall be mustered into ser- provision in reference to heads of the Erechvice, unless sooner discharged.
tive Departments : On the 11th of March the permanent Con- Congress may by law grant to the principal office stitution was adopted by Congress. In nearly in each of the Executive Departments a seat upon the all its parts it adopts the precise language, and floor of either House, with the privilege of discussing follows in its articles and sections the order of any measures appertaining to his Department. arrangement of the Constitution of the United The President is authorized to make the following discrimination in giving his assent to Akin to these regulations is the following appropriation bills :
provision : The President may approve any appropriation and Every law or resolution having the force of law disapprove any other appropriation in the same bill. shall relate to but one subject, and that shall be exIn such case he shall, in signing the bill
, designate pressed in the title. the appropriations disapproved, and shall return a copy of such appropriations with his objections to the States are thus regulated :
Tonnage duties when levied by the several House in which the bill shall have originated, and the same proceeding shall then be had as in case of other lay any duty of tonnage, except on sea-going vessels
No State shall, without the consent of Congress, bills disapproved by the President.
for the improvement of its rivers and harbors naviThe following prohibition of the “protective gated by the said vessels; but such duties shall not policy” is engrafted in the Constitution in enu. conflict with any treaties of the Confederate States merating the powers of Congress :
with foreign nations; and any surplus of revenue thus
derived, shall, after making such improvement, be No bounties shall be granted from the Treasury, paid into the common treasury; nor shall any State nor shall any duties or taxes on importations from keep troops or ships of war in time of peace, enter foreign nations be laid to promote or foster any branch into any agreement or compact with another State, or of industry.
with a foreign Power, or engage in war, unless actuInternal improvements by the Confederate admit of delay. But when any river divides or flows
ally invaded, or in such imminent danger as will not Government are also prohibited:
through two or more States, they may enter into Congress shall hare power to regulate commerce
compacts with each other to improve the navigation
thereof. with foreign nations and among the several States, and with the Indian tribes; but neither this por any
The President and Vice-President of the other clause contained in the Constitution shall ever Confederate States hold office for the term of be construed to delegate the
power to Congress to ap- six years, the President not being re-eligible. tended to facilitate commerce ; except for the purpose The qualifications of eligibility are as follows: of furnishing lights, beacons, and buoys, and other No person except a natural born citizen of the aids to navigation upon the coasts, and the improve- Confederate States, or a citizen thereof at the time of ment of harbors and the removing of obstructions in the adoption of this Constitution, or a citizen thereof river navigation, in all of which cases such duties shall born in the United States prior to the 20th of Decembe laid on the navigation facilitated thereby as may be ber, 1860, shall be eligible to the office of President; necessary to pay the costs and expenses thereof. peither shall any person be eligible to that office who
shall not have attained the age of thirty-five years, and The Post-Office Department must pay its ex- been fourteen years a resident within the limits of the penses from its own resources “after the first Confederate States, as they may exist at the time of his day of March, 1863.”
election. İn relation to the slave trade, the following Appointments and removals are regulated as provision is made :
follows: The importation of negroes of the African race The principal officer in each of the Executive Defrom any foreign country, other than the slaveholding partments, and all persons connected with the diStates or Territories of the United States of America, plomatic service, may be removed from office at the is hereby forbidden; and Congress is required to pleasure of the President. All other civil officers of pass such laws as shall effectually prevent the same. the Executive Department may be removed at any Congress shall also have power to prohibit the intro- time by the President, or other appointing power, duction of slaves from any State not a member of or when their services are unnecessary, or for dishonTerritory not belonging to this Confederacy.
esty, incapacity, inefficiency, misconduct, or neglect The imposition of export duties is restricted of duty; and when so removed, the removal shall be
reported to the Senate, together with the reasons by the following provision :
therefor. Xo tax or duty shall be laid on articles exported The President shall have power to fill all vacan. from any State, except by a vote of two-thirds of both cies that may happen during the recess of the Senate, Houses.
by granting commissions which shall expire at the The appropriation of money for other ob- end of their next session ; but no person rejected by jects than those indicated and estimated for by during their ensuing recess.
the Senate shall be reappointed to the same office the several Executive Departments is thus restrained:
The following provisions are made in referCongress shall appropriate no money from the
ence to the rights of transit and sojourn with Treasury except by a vote of two-thirds of both slave property, recovery of fugitive slaves, &c. Houses, taken by yeas and nays, unless it be asked The citizens of each State shall be entitled to all and estimated for by some one of the Heads of Depart. the privileges and immunities of citizens in the several ment, and submitted to Congress by the President, or States, and shall have the right of transit and sojourn for the purpose of paying its own expenses and con- in any State of this Confederacy, with their slaves and tingencies, or for the payment of claims against the other property, and the right of property in said Confederate States, the justice of which shall have slaves shall not be thereby impaired. been judicially declared by a tribunal for the investi. person charged in any State with treason, felogation of claims against the Government, which it is ny, or other crime against the laws of such State, who hereby made the duty of Congress to establish. shall flee from justice, and be found in another State,
All bills appropriating money shall specify in Fed- shall, on demand of the Executive authority of the eral currency the exact amount of each appropria. State from which he fled, be delivered up to be retion, and the purposes for which it is made; and moved to the State having jurisdiction of the crime. Congress shall grant no extra compensation to any No slave or other person held to service or labor pablic contractor, officer, agent, or servant, after such in any State or Territory of the Confederate States, contract shall have been made or such service rep- under the laws thereof, escaping or lawfully carried dered.
into another, shall, in consequence of any law or regu