Constitution
of the Confederate States
Constitution
of the Confederate States 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.
Section
I.
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
II.
- 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.
- 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.
- 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.
- When vacancies
happen in the representation from any State the executive authority
thereof shall issue writs of election to fill such vacancies.
- 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
III.
- 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.
- 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.
- 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.
- The Vice
President of the Confederate States shall be president of the
Senate, but shall have no vote unless they be equally divided.
- 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.
- 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.
- 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
IV.
- 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.
- 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
V.
- 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.
- 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.
- 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.
- 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
VI.
- 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
VII.
- 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.
- 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.
- 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
VIII.
The Congress
shall have power-
- 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.
- To borrow
money on the credit of the Confederate States.
- 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.
- 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.
- To coin
money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures.
- To provide
for the punishment of counterfeiting the securities and current
coin of the Confederate States.
- 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.
- 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.
- To constitute
tribunals inferior to the Supreme Court.
- To define
and punish piracies and felonies committed on the high seas,
and offenses against the law of nations.
- To declare
war, grant letters of marque and reprisal, and make rules concerning
captures on land and water.
- To raise
and support armies; but no appropriation of money to that use
shall be for a longer term than two years.
- To provide
and maintain a navy.
- To make
rules for the government and regulation of the land and naval
forces.
- To provide
for calling forth the militia to execute the laws of the Confederate
States, suppress insurrections, and repel invasions.
- 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.
- 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
- 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
IX.
- 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.
- 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.
- 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.
- No bill
of attainder, ex post facto law, or law denying or impairing
the right of property in negro slaves shall be passed.
- No capitation
or other direct tax shall be laid, unless in proportion to the
census or enumeration hereinbefore directed to be taken.
- No tax
or duty shall be laid on articles exported from any State, except
by a vote of two-thirds of both Houses.
- No preference
shall be given by any regulation of commerce or revenue to the
ports of one State over those of another.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Excessive
bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
- Every
law, or resolution having the force of law, shall relate to
but one subject, and that shall be expressed in the title.
Section
X.
- 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.
- 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.
- 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.
Section
I.
- 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:
- 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.
- 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.
- 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.
- But no
person constitutionally ineligible to the office of President
shall be eligible to that of Vice President of the Confederate
States.
- 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.
- 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.
- 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.
- 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.
- 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
II.
- 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.
- 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.
- 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.
- 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
III.
- 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
IV.
- 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
I.
- 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
II.
- 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.
- 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.
- 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
III.
- 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.
- 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
I.
- 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
II.
- 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.
- 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.
- 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
III.
- 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.
- 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.
- 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.
- 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.
Section
I.
- 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.
- Section
I.
- 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
II.
- 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
III.
- 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
IV.
- 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
V.
- 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
VI.
- 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.
- The ratification
of the conventions of five States shall be sufficient for the
establishment of this Constitution between the States so ratifying
the same.
- 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, Ala., on the
eleventh day of March, in the year eighteen hundred and sixty-one.
HOWELL
COBB,
President of the Congress.
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.
Georgia: Francis S. Bartow, Martin J. Crawford, Benjamin H. Hill,
Thos. R. R. Cobb.
Florida: Jackson Morton, J. Patton Anderson, Jas. B. Owens.
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. Mississippi: Alex. M. Clayton, James T.
Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris,
J. A. P. Campbell.
Louisiana: Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Henry
Marshall.
Texas: John Hemphill, Thomas N. Waul, John H. Reagan, Williamson
S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree.
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