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