Summary
of Changes
The Constitution of the Confederate States of America is almost an exact carbon copy of the
Constitution of the United States of America. If fact, most of the changes consisted of
nothing more than of replacing the phrase "United
States" with new moniker, "Confederate
States"; and updating the archaic spelling and phrasing in the
original Constitution (Such as replacing the antiquated word "chuse" with the more modern
spelling of "choose").
This
is not to say that there weren't any real differences from the "old"
constitution. By my count, there were
15 significant changes made to constitution.
And, despite what you might believe, most of those changes had nothing
to do with slavery. Only 3 changes
strengthened the institution of slavery, and 2 of them actually weakened it by prohibiting the future
importation of slaves. Most of the
revisions dealt with limiting the power of federal government (and
specifically, limits on the how Congress was permitted to spend money).
1. The president was
given "Line-Item Veto" authority. (Article 1, Section 7,
Paragraph 2) This
would have allowed the president to trim a lot of "pork" from
spending bills.
2. Additional limits
on how congress may spend taxpayer's money.
a. (1.8.1) Limit wasteful government spending - The original U.S. Constitution gave congress the ability to spend money to "(pay debts) and provide for the general welfare of the United States." But since just about any government spending could be said to "provide for the general welfare", this phrase was used to excuse a lot of governmental excesses. The confederacy replaced this broad phrase with wording that only permitted congress to spend money on things that were necessary in order to "carry on the Government".
b. (1.8.1) Congress was prohibited from offering bounties. This provision may have been spawned by the fact that the federal government put bounties on some of the "rebels" after they ceded from the union.
c. (1.8.1) Limit Congress' ability to engage in "Trade Wars" - Congress could not tax imports, if the tax was intended to help promote or foster any particular branch of industry. (i.e. Congress couldn't place a tax on Honda motorcycles in order to help Harley-Davidson)
d. (1.8.3) Limit a
Congressman's ability to siphon large amounts of money back into his own
district - Congress was prohibited
from spending federal dollars for any "internal
improvement intended to facilitate commerce". This prevented "influential" politicians from diverting
large sums of tax-payer's money into their own district. (Every state would be forced to pay for its own improvements, regardless of how much power their
representatives possessed.)
e. (1.8.7) The Post Office had to support itself - The Post office had to pay for its expenses out of its revenues after 1863. (The U.S. government finally did the same thing over 100 years later) This may not seem like such a big deal now, but keep in mind that at the time, the postal service was probably the largest federal department next to the military. So, reforming such a "huge" piece of government was a fairly important matter.
f. (1.9.9) Super-majority required for all spending bills - A two-thirds vote was required for the federal government to spend any money. The only exemptions that were allowed were monies spent on the day-to-day operating expenses of government, and for the payment of judicial claims against the federal government.
g.
(1.9.10) All spending bills had to be
rigidly defined - Any bill which
appropriated money had to specify exactly
how much was to be spent, and this amount was not allowed to fluctuate after
the bill had been passed. (This would
have prevented "entitlement" programs (such as Social Security),
which do not have a fixed price tag)
3. Banned the use
of "Riders" on bills.
(1.9.20) All of the contents of a particular bill had to relate to the same
subject, and that subject was to be expressed in the title of the bill. (This would keep, say, a "crime
bill" from having legislation that related to, say, the importation of
Swiss cheese.)
4. Term Limits (2.1.1) The president could only server one term in office, but his term would extend to 6 years.
5. Slavery Related:
a. (1.9.1 - 1.9.2) Prohibited the importation of Negroes.
b. (1.9.4, 4.2.1, [4.2.3 was reworded]) Protected the right of property in Negro Slaves.
c. (4.3.3) Protected the institution of slavery
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Blue indicates passages which were added to the Constitution
(Red) indicates passages which were removed from the Constitution
For the sake of convenience, some the more common revisions were
omitted - such as replacing "United States" with "Confederate States", and
"Union" with "Confederacy".
Constitution of
the Confederate States of America
With changes the
noted in blue and red (additions and deletions, respectively)
We, the people of the Confederate States,
each State acting in its sovereign and independent
character, in order to form a permanent federal
government (more perfect Union),
establish justice, insure domestic tranquility (,
provide for the common defense, promote the general Welfare,) 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.
All legislative powers herein delegated (granted) 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 political, State or Federal.
2. No person shall be a representative, who shall not have attained the age of
twenty-five years, and be (been seven years) 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 (other persons).
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 (thirty)
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. (the
State of New Hampshire shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut five, New-York six,
New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia three.)
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.
1. The Senate of the Confederate States shall
be composed of two Senators from each State, chosen
for six years by the legislature thereof
(chosen by the Legislature thereof,
for six Years), 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
otherwise, during the recess of the Legislature of any State, the Executive
thereof may make temporary appointments until the next meeting of the
Legislature, which shall then fill such vacancies.
3. No person shall be a Senator who shall not have attained the age of thirty
years, and be a citizen (been nine Years a Citizen) of the Confederate
States; and who shall not, when 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 and enjoy any office of honor, trust
or profit, under the Confederate States; but
the party convicted shall, nevertheless, be liable and subject to indictment,
trial, judgment and punishment according to law.
SECTION 4.
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.
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 tinder (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.
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.
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, 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 officers 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 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 (the House of Representatives and the Senate),
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 he
reconsidered, and if approved by two-thirds of that House, it shall become a
law. But in all such cases, the votes of both Houses shall be determined by
yeas and nays, and the names of the persons voting for and against the bill,
shall be entered on the journal of each House respectively. If any bill shall
not be returned by the President within ten days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like manner as if
he had signed it, unless the Congress, by their adjournment, prevent its
return; in which case it shall not be a law. The
President may approve any appropriation and disapprove any other appropriation
in the same bill. In such case he shall, in signing the bill, designate the
appropriations disapproved; and shall return a copy of such appropriations,
with his objections, to the House in which the bill shall have originated; and
the same proceedings shall then be had as in case of other bills disapproved by
the President.
3. Every order, resolution or vote, to which the concurrence of both Houses (the Senate
and House of Representatives) 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 re-passed by
two-thirds of both Houses (the Senate and House of Representatives) according
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
defense (and general Welfare of the United States) , and carry on the Government of the Confederate States; but no bounties shall be
granted from the treasury, nor shall an duties or taxes on importations from
foreign nations be laid to promote or foster any branch of industry; and (but) 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 pill-pose of furnishing lights,
beacon, and buoys, and other aids to navigation upon the coasts, and the
improvement of harbors, all 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 (roads.) 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 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.
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.
(1. The Migration or Importation
of such Persons as any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one thousand eight
hundred and eight, but a Tax or duty may be imposed on such Importation, not
exceeding ten dollars for each Person.)
2. Congress shall also have power to prohibit the introduction of slaves front 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 herein before 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 arid account of the
receipts arid expenditures of all public money shall be published front time to
time.
9. Congress shall appropriate no money front the
treasury except by a vote of two-thirds of both Houses, taken by yeas and nays,
unless it be asked and estimate 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 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. (Amd. 1) 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. (Amd. 2) 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. (Amd. 3) 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. (Amd. 4) 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. (Amd. 5) 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 to be taken
for public use, without just compensation.
17. (Amd. 6) In all criminal prosecution 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; arid to have the
assistance of counsel for his defense.
18. (Amd. 7) 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.
19. (Amd. 8) 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.
1. No State shall enter into any treaty, alliance, or confederation; grant
letters of marque and reprisal; coin money; (emit
Bills of Credit) 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 sea-going vessels, for the improvement of its
rivers and harbors navigated by the said vessels, but such duties shall not
conflict with any treaties of the Confederate States with foreign nations; and
any surplus revenue thus derived, shall, after making such improvement, be paid
into the common treasury. Nor shall any State keep troops or ships of
war in time of peace, enter into any agreement 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 1.
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 (four Years): but the President
shall not be re-eligible. The President and Vice-President shall (and, together with the Vice President, chosen for the
same Term,) 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. (Amd. 12) 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 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. (Amd. 12 -
continued) 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. (Amd. 12 -
continued) 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 natural born citizen of the Confederate
States, or at citizen thereof (of the United States) 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 (of the
United States)."
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 require the opinion, in writing, of the principal officer in
each of the Executive Departments, upon any subject relating to the duties of
their respective offices; and he shall have power to grant reprieves and
pardons for offences against the 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
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 Department may be removed at any time by the President, or
other appointing power, when their services are unnecessary, or for dishonesty,
incapacity, inefficiency, misconduct or neglect of duty; and when so removed,
the removal shall be reported to the Senate, together with the reasons
therefore.
4. The President shall have power to fill 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.
1. The President (He)
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.
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.
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 (, in Law and Equity,) 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 of different States,) 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.
(amd 11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects 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.
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.
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
Congress 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 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 (one state), 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.
1. Other (New)
States may be admitted (by the Congress)
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 (respecting the Territory or other
Property belonging to the United States), including
the lands thereof. (and nothing in this
Constitution shall be so construed as to Prejudice any Claims of the United
States, or of any particular State.)
3. The Confederate States may acquire new territory,
and Congress shall have power to legislate and provide government for the inhabitants
of all territory belonging to the Confederate States, lying without the limits
of the several States; and may permit them, at such times, and in such manner
as it may by law provide, to form states to be admitted into the Confederacy.
In all such territory, the institution of negro slavery as it now exists in the
Confederate States, shall be recognized and protected by Congress, and by the
territorial government; and the inhabitants of the several Confederate States
and Territories, shall have the right to take to such territory any slaves,
lawfully held by them in any of the States or Territories of the Confederate
States.
4. The Confederate States shall guaranty to
every State that now
is or hereafter may become a member of this Confederacy (in this Union), a republican form of government,
and shall protect each of them against invasion; and on application of the
Legislature (or of the Executive when the legislature is
not in session (cannot be convened) )
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 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.
(The Congress, whenever two
thirds of both Houses shall deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments, which, in
either Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress; Provided
that no Amendment which may be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the first and fourth Clauses in
the Ninth Section of the first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.)
ARTICLE VI.
1. The government established by
this Constitution is 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.
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 (Confederation).
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; but no religious test shall ever be
required as a qualification to any office or public trust under the Confederate States.
5. (amd 9)
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. (amd 10)
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.
1. The ratification of the conventions of five (nine) 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.
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