The Rise and Fall of the Confederate Government Volume One

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The Rise and Fall of the Confederate Government Volume One (of Two)By

Jefferson Davis

The book was released in 1881 by the Utah publisher D.Appleton & Co. in a two volume edition totaling more than 1,500

pages and with many engraved illustrations

PREFACE.

The object of this work has been from historical data to show that the Southern States had rightfullythe power to withdraw from a Union into which they had, as sovereign communities, voluntarilyentered; that the denial of that right was a violation of the letter and spirit of the compact between theStates; and that the war waged by the Federal Government against the seceding States was in disregardof the limitations of the Constitution, and destructive of the principles of the Declaration ofIndependence.

The author, from his official position, may claim to have known much of the motives and acts of his

countrymen immediately before and during the war of 1861-'65, and he has sought to furnish materialfar the future historian, who, when the passions and prejudices of the day shall have given place toreason and sober thought, may, better than a contemporary, investigate the causes, conduct, and resultsof the war.

The incentive to undertake the work now offered to the public was the desire to correctmisapprehensions created by industriously circulated misrepresentations as to the acts and purposes ofthe people and the General Government of the Confederate States. By the reiteration of suchunappropriate terms as "rebellion" and "treason," and the asseveration that the South was levying waragainst the United States, those ignorant of the nature of the Union, and of the reserved powers of theStates, have been led to believe that the Confederate States were in the condition of revolted provinces,

and that the United States were forced to resort to arms for the preservation of their existence. To thosewho knew that the Union was formed for specific enumerated purposes, and that the States had neversurrendered their sovereignty it was a palpable absurdity to apply to them, or to their citizens whenobeying their mandates, the terms "rebellion" and "treason"; and, further, it is shown in the followingpages that the Confederate States, so far from making war or seeking to destroy the United States, assoon as they had an official organ, strove earnestly, by peaceful recognition, to equitably adjust allquestions growing out of the separation from their late associates.

Another great perversion of truth has been the arraignment of the men who participated in theformation of the Confederacy and who bore arms in its defense, as the instigators of a controversyleading to disunion. Sectional issues appear conspicuously in the debates of the Convention which

framed the Federal Constitution, and its many compromises were designed to secure an equilibriumbetween the sections, and to preserve the interests as well as the liberties of the several States. Africanservitude at that time was not confined to a section, but was numerically greater in the South than inthe North, with a tendency to its continuance in the former and cessation in the latter. It therefore thusearly presents itself as a disturbing element, and the provisions of the Constitution, which were knownto be necessary for its adoption, bound all the States to recognize and protect that species of property.When at a subsequent period there arose in the Northern States an antislavery agitation, it was aharmless and scarcely noticed movement until political demagogues seized upon it as a means toacquire power. Had it been left to pseudo-philanthropists and fanatics, most zealous where leastinformed, it never could have shaken the foundations of the Union and have incited one section to


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carry fire and sword into the other. That the agitation was political in its character, and was clearlydeveloped as early as 1803, it is believed has been established in these pages. To preserve a sectionalequilibrium and to maintain the equality of the States was the effort on one side, to acquire empire wasthe manifest purpose on the other. This struggle began before the men of the Confederacy were born;how it arose and how it progressed it has been attempted briefly to show. Its last stage was on thequestion of territorial governments; and, if in this work it has not been demonstrated that the positionof the South was justified by the Constitution and the equal rights of the people of all the States, itmust be because the author has failed to present the subject with a sufficient degree of force and

clearness.

In describing the events of the war, space has not permitted, and the loss of both books and papers hasprevented, the notice of very many entitled to consideration, as well for the humanity as the gallantryof our men in the unequal combats they fought. These numerous omissions, it is satisfactory to know,the official reports made at the time and the subsequent contributions which have been and are beingpublished by the actors, will supply more fully and graphically than could have been done in this work.

Usurpations of the Federal Government have been presented, not in a spirit of hostility, but as awarning to the people against the dangers by which their liberties are beset. When the war ceased, thepretext on which it had been waged could no longer be alleged. The emancipation proclamation of Mr.

Lincoln, which, when it was issued, he humorously admitted to be a nullity, had acquired validity bythe action of the highest authority known to our institutionsthe people assembled in their severalState Conventions. The soldiers of the Confederacy had laid down their arms, had in good faithpledged themselves to abstain from further hostile operations, and had peacefully dispersed to theirhomes; there could not, then, have been further dread of them by the Government of the United States.The plea of necessity could, therefore, no longer exist for hostile demonstration against the people andStates of the deceased Confederacy. Did vengeance, which stops at the grave, subside? Did real peaceand the restoration of the States to their former rights and positions follow, as was promised on therestoration of the Union? Let the recital of the invasion of the reserved powers of the States, or thepeople, and the perversion of the republican form of government guaranteed to each State by theConstitution, answer the question. For the deplorable fact of the war, for the cruel manner in which it

was waged, for the sad physical and yet sadder moral results it produced, the reader of these pages, Ihope, will admit that the South, in the forum of conscience, stands fully acquitted.

Much of the past is irremediable; the best hope for a restoration in the future to the pristine purity andfraternity of the Union, rests on the opinions and character of the men who are to succeed thisgeneration: that they maybe suited to that blessed work, one, whose public course is ended, invokesthem to draw their creed from the fountains of our political history, rather than from the lower stream,polluted as it has been by self-seeking place-hunters and by sectional strife.

THE AUTHOR.


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APPENDIX K.

THE CONSTITUTIONS.

The Provisional Constitution of the Confederate States, adopted on the 8th of February, 1861, is herepresented, followed by the Constitution of the United States, with all its amendments to the period ofthe secession of the Southern States, and the permanent Constitution of the Confederate States

(adopted on the 11th of March, 1861), in parallel columns. The variations from the Constitution of theUnited States, in the permanent Constitution of the Confederate States, are indicated by italics; theparts omitted by periods.

Constitution for the Provisional Government of the Confederate States of America.

We, the deputies of the sovereign and independent States of South Carolina, Georgia, Florida,Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf ofthese States, ordain and establish this Constitution for the Provisional Government of the same: tocontinue one year from the inauguration of the President, or until a permanent constitution orconfederation between the said States shall be put in operation, whichsoever shall first occur.

ARTICLE I.

Section I. All legislative powers herein delegated shall be vested in this Congress now assembled untilotherwise ordained.

Sec. 2. When vacancies happen in the representation from any State, the same shall be filled in suchmanner as the proper authorities of the State shall direct.

Sec. 3. (1) The Congress shall be the judge of the elections, returns, and qualifications of its members;any number of deputies from a majority of the States, being present, shall constitute a quorum to dobusiness; but a smaller number may adjourn from day to day, and may be authorized to compel the

attendance of absent members; upon all questions before the Congress, each State shall be entitled toone vote, and shall be represented by any one or more of its deputies who may be present.

(2) The Congress may determine the rules of its proceedings, punish its members for disorderlybehavior, and, with the concurrence of two-thirds, expel a member.

(3) The Congress 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 memberson any question shall, at the desire of one-fifth of those present, or at the instance of any one State, beentered on the journal.

Sec. 4. The members of Congress shall receive a compensation their services, to be ascertained by law,and paid out of the Treasury of the Confederacy. They shall in all cases, except laws on the subject oftreason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessionof the Congress, and in going to and returning from the same; and for any speech or debate they shallnot be questioned in any other place.

Sec. 5. (1) Every bill which shall have passed the Congress shall, before it becomes a law, be presentedto the President of the Confederacy; if he approve, he shall sign it; but if not, he shall return it with hisobjections to the Congress, who shall enter the objections at large on their journal, and proceed to


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reconsider it. If, after such reconsideration, two-thirds of the Congress shall agree to pass the bill, itshall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the namesof the persons voting for and against the bill shall be entered on the journal. If any bill shall not bereturned 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 theiradjournment, prevent its return; in which case it shall not be a law. The President may veto anyappropriation or appropriations and approve any other appropriation or appropriations in the same bill.

(2) Every order, resolution, or vote intended to have the force and effect of a law, shall be presented tothe President, and before the same shall take effect, shall be approved by him, or, being disapproved byhim, shall be repassed by two-thirds of the Congress, according to the rules and limitations prescribedin the case of a bill.

(3) Until the inauguration of the President, all bills, orders, resolutions, and votes adopted by theCongress shall be of full force without approval by him.

Sec. 6. (1) The Congress shall have power to lay and collect taxes, duties, imposts, and excises for therevenue necessary to pay the debts and carry on the Government of the Confederacy, and all duties,imposts, and excises shall be uniform throughout the States of the Confederacy.

(2) To borrow money on the credit of the Confederacy.

(3) To regulate commerce with foreign nations, and among the several States, and with the Indiantribes.

(4) To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptciesthroughout the Confederacy.

(5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights andmeasures.

(6) To provide for the punishment of counterfeiting the securities and current coin of the Confederacy.

(7) To establish post offices and post roads.

(8) To promote the progress of science and useful arts by securing, for limited times, to authors andinventors the exclusive right to their respective writings and discoveries.

(9) To constitute tribunals inferior to the Supreme Court.

(1O) To define and punish piracies and felonies committed on the high seas, and offenses against thelaw of nations.

(11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on landand water.

(12) To raise and support armies; but no appropriation of money to that use shall be for a longer termthan two years.

(13) To provide and maintain a navy.

(14) To make rules for the government and regulation of the land and naval forces.


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(15) To provide for calling forth the militia to execute the laws of the Confederacy, suppressinsurrections, and repel invasions.

(16) To provide for organizing, arming, and disciplining the militia, and for governing such part ofthem as may be employed in the service of the Confederacy, reserving to the States respectively theappointment of the officers, and the authority of training the militia according to the disciplineprescribed by Congress.

(17) To make all laws that shall be necessary and proper for carrying into execution the foregoingpowers and all other powers expressly delegated by this Constitution to this Provisional Government

(18) The Congress shall have power to admit other States.

(19) This Congress shall also exercise executive powers, until the President is inaugurated.

Sec. 7. (1) The importation of African negroes from any foreign country other than the slave-holdingStates of the United States, is hereby forbidden; and Congress are required to pass such laws as shalleffectually prevent the same.

(2) The Congress shall also have power to prohibit the introduction of slaves from any State not a

member of this Confederacy.

(3) The privilege of the writ ofhabeas corpus shall not be suspended unless, when in cases of rebellionor invasion, the public safety may require it.

(4) No bill of attainder or ex post facto law shall be passed.

(5) No preference shall be given, by any regulation of commerce or revenue, to the ports of one Stateover those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or payduties in another.

(6) 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 bepublished from time to time.

(7) Congress shall appropriate no money from the treasury, unless it be asked and estimated for by thePresident or some one of the heads of departments, except for the purpose of paying its own expensesand contingencies.

(8) No title of nobility shall be granted by the Confederacy; and no person holding any office of profitor trust under it shall, without the consent of the Congress, accept of any present, emolument, office, ortitle of any kind whatever, from any king, prince, or foreign state.

(9) Congress shall make no law respecting an establishment of religion, or prohibiting the free exercisethereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably toassemble, and to petition the Government for a redress of such grievances as the delegated powers ofthis Government may warrant it to consider and redress.

(10) A well-regulated militia being necessary to the security of a free state, the right of the people tokeep and bear arms shall not be infringed.


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(11) No soldier shall, in time of peace, be quartered in any house without the consent of the owner; norin time of war, but in a manner to be prescribed by law.

(12) The right of the people to be secure in their persons, houses, papers, and effects againstunreasonable searches and seizures shall not be violated; and no warrants shall issue but upon probablecause, supported by oath or affirmation, and particularly describing the place to be searched, and thepersons or things to be seized.

(13) No person shall be held to answer for a capital or otherwise infamous crime unless on apresentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in themilitia, when in actual service in time of war or public danger; nor shall any person be subject for thesame offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case tobe 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.

(14) In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by animpartial jury of the State and district wherein the crime shall have been committed, which districtshall have been previously ascertained by law, and to be informed of the nature and cause of theaccusation; 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.

(15) In suits at common law, where the value in controversy shall exceed twenty dollars, the right oftrial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any courtof the Confederacy than according to the rules of the common law.

(16) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusualpunishments inflicted.

(17) The enumeration, in the Constitution, of certain rights shall not be-construed to deny or disparageothers retained by the people.

(18) The powers not delegated to the Confederacy by the Constitution, nor prohibited by it to theStates, are reserved to the States respectively, or to the people.

(19) The judicial power of the Confederacy shall not be construed to extend to any suit in law orequity, commenced or prosecuted against one of the States of the Confederacy, by citizens of anotherState, or by citizens or subjects of any foreign state.

Sec 8. (1) No State shall enter into any treaty, alliance, or confederation; grant letters of marque andreprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in paymentof debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; orgrant any title of nobility.

(2) No State shall, without the consent of the Congress, lay any imposts or duties on imports orexports, except what may be absolutely necessary for executing its laws; and the net, produce of allduties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of theConfederacy, and all such laws shall be subject to the revision and control of the Congress. No Stateshall, without the consent of Congress, lay any duty of tonnage, enter into any agreement or compactwith another State, or with a foreign power, or engage in war, unless actually invaded, or in suchimminent danger as will not admit of delay.


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ARTICLE II.

Section 1. (1) The executive power shall be vested in a President of the Confederate States of America.He, together with the Vice President, shall hold his office for one year, or until this ProvisionalGovernment shall be superseded by a permanent government, whichsoever shall first occur.

(2) The President and Vice President shall be elected by ballot by the States represented in thisCongress, each State casting one vote, and a majority of the whole being requisite to elect.

(3) No person, except a natural born citizen, or a citizen of one of the States of this Confederacy at thetime of the adoption of this Constitution, shall be eligible to the office of President; neither shall anyperson be eligible to that office who shall not have attained the age of thirty-five years, and beenfourteen years a resident of one of the States of this Confederacy.

(4) In case of the removal of the President from office, or of his death, resignation, or inability todischarge the powers and duties of the said office (which inability shall be determined by a vote oftwo-thirds of the Congress), the same shall devolve on the Vice President; and the Congress may bylaw provide for the case of removal, death, resignation, or inability, both of ths President and VicePresident, declaring what officer shall then act as President; and such officer shall act accordingly untilthe disability be removed or a President shall be elected.

(5) The President shall at stated times receive for his services, during the period of the ProvisionalGovernment, a compensation at the rate of $25,000 per annum; and he shall not receive during thatperiod any other emolument from this Confederacy, or any of the States thereof.

(6) Before he enter 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 ConfederateStates of America, and will, to the best of my ability, preserve, protect, and defend the Constitutionthereof.

Sec. 2. (1) The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, andof the militia of the several States, when called into the actual service of the Confederacy; he mayrequire the opinion, in writing, of the principal officer in each of the executive departments, upon anysubject relating to the duties of their respective offices; and he shall have power to grant reprieves andpardons for offenses against the Confederacy, except in eases of impeachment.

(2) He shall have power, by and with the advice and consent of the Congress, to make treaties;provided two-thirds of the Congress concur; and he shall nominate, and, by and with the advice andconsent of the Congress, shall appoint ambassadors, other public ministers, and consuls, judges of thecourts, and all other officers of the Confederacy whose appointments are not herein otherwise providedfor, 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 ofdepartments.

(3) The President shall have power to fill up all vacancies that may happen during the recess of theCongress, by granting commissions, which shall expire at the end of their next session

Sec. 3. (1) He shall, from time to time, give to the Congress information of the state of theConfederacy, and recommend to their consideration such measures as he shall judge necessary andexpedient; he may, on extraordinary occasions, convene the Congress at such times as he shall think


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proper; he shall receive ambassadors and other public ministers; he shall take care that the laws befaithfully executed; and shall commission all the officers of the Confederacy.

(2) The President, Vice President, and all civil officers of the Confederacy shall be removed fromoffice on conviction by the Congress of treason, bribery, or other high crimes and misdemeanors: avote of two-thirds shall be necessary for such conviction.

ARTICLE III

Section 1. (1) The judicial power of the Confederacy shall be vested in one Supreme Court, and insuch inferior courts as are herein directed, or as the Congress may from time to time ordain andestablish.

(2) Each State shall constitute a district, in which there shall be a court called a district court, which,until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the UnitedStates, as far as applicable, in both the district and circuit courts of the United States, for that State; thejudge whereof shall be appointed by the President, by and with the advice and consent of the Congress,and shall, until otherwise provided by the Congress, exercise the power and authority vested by thelaws of the United States in the judges of the district and circuit courts of the United States, for thatState, and shall appoint the times and places at which the courts shall be held. Appeals may be takendirectly from the district courts to the Supreme Court, under similar regulations to those which areprovided in cases of appeal to the Supreme Court of the United States, or under such regulations asmay be provided by the Congress. The commissions of all the judges shall expire with this ProvisionalGovernment.(*)

(3) The Supreme Court shall be constituted of all the district judges, a majority of whom shall be aquorum, and shall sit at such times and places as the Congress shall appoint.

(4) The Congress shall have power to make laws for the transfer of any causes which were pending inthe courts of the United States, to the courts of the Confederacy, and for the execution of the orders,decrees, and judgments heretofore rendered by the said courts of the United States; and also all laws

which may be requisite to protect the parties to all such suits, orders, judgments, or decrees, their heirs,personal representatives, or assignees.

Sec. 2. (1) The judicial power shall extend to all cases of law and equity, arising under thisConstitution, the laws of the United States, and of this Confederacy, and treaties made, or which shallbe made, under its authority; to all cases affecting ambassadors, .other public ministers, and consuls; toall cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be aparty; controversies between two or more States; between citizens of different States; between citizensof the same State claiming lands under grants of different States.

(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 beforementioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with suchexceptions 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 heldin the State where the said crimes shall have been committed; but when not committed within anyState, the trial shall be at such place or places as the Congress may by law have directed.
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Sec. 3. (1) Treason against this Confederacy shall consist only in levying war against it, or in adheringto its enemies, giving them aid and comfort. No person shall be convicted of treason unless on thetestimony 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 treasonshall 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 judicialproceedings of every other State. And the Congress may, by general laws, prescribe the manner inwhich such acts, records, and proceedings shall be proved and the effect of such proof.

Sec. 2. (1) The citizens of each State shall be entitled to all privileges and immunities of citizens in theseveral States.

(2) A person charged in any State with treason, felony, or other crime, who shall flee from justice, andbe 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) A slave in one State escaping to another, shall be delivered

up on claim of the party to whom said slave may belong by the executive authority of the State inwhich such slave shall be found, and in case of any abduction or forcible rescue, full compensation,including the value of the slave and all costs and expenses, shall be made to the party, by the State inwhich such abduction or rescue shall take place.

Sec. 3. (1) The Confederacy shall guarantee to every State in this Union a republican form ofgovernment, and shall protect each of them against invasion; and, on application of the Legislature, orof the Executive (when the Legislature cannot be convened), against domestic violence.

ARTICLE V.

I. The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution.

ARTICLE VI.

1. This Constitution, and the laws of the Confederacy which shall be made in pursuance thereof, andall treaties made, or which shall be made, under the authority of the Confederacy, shall be the supremelaw of the land; and the judges in every State shall be bound thereby, anything in the constitution orlaws of any State to the contrary notwithstanding.

2. The Government hereby instituted shall take immediate steps for the settlement of all matters

between the States forming it, and their other late confederates of the United States in relation to thepublic property and public debt at the time of their withdrawal from them; these States herebydeclaring it to be their wish and earnest desire to adjust everything pertaining to the common property,common liability, and common obligations of that Union, upon the principles of right, justice, equity!and good faith.

3. Until otherwise provided by the Congress, the city of Montgomery, in the State of Alabama, shall bethe seat of government.


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4. The members of the Congress and all executive and judicial officers of the Confederacy shall bebound by oath or affirmation to support this Constitution; but no religious test shall be required as aqualification to any office or public trust under this Confederacy.

Done in the Congress, by the unanimous consent of all the said States, the eighth day of February, inthe year of our Lord one thousand eight hundred and sixty-one, and of the Confederate States ofAmerica the first.

In witness whereof we have hereunto subscribed our names.

HOWELL COBB, President of the Congress.

South Carolina: R. Barnwell Rhett, R. W. Barnwell, James Chesnut, Jr., C. G. Memminger, WilliamPorcher Miles, Lawrence M. Keitt, William W. Boyce, Thomas J. Withers.

Georgia: R. Toombs, Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, Benjamin H. Hill, AugustusR. Wright, Thomas R. R. Cobb, A. H. Kenan, Alexander H. Stephens.

Florida: Jackson Morton, James B. Owens, J. Patton Anderson.

Alabama: Richard W. Walker, Robert H. Smith, Colin J. McRae, John Gill Shorter, William ParishChilton, Stephen F. Hale, David P. Lewis, Thomas Fearn, J. L. M. Curry.

Mississippi: W. P. Harris, Alex. M. Clayton, W. S. Wilson, James T. Harrison, Walker Brooke,William S. Barry, J. A. P. Campbell.

Louisiana: John Perkins, Jr., Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Edward Sparrow,Henry Marshall.

By a vote of the Congress, on the 2d day of March, in thc year 1861, the deputies from the State ofTexas were authorized to sign the Provisional Constitution above written.

Attest. J. J. HOOPER, Secretary.

Texas: Thomas N. Waul, Williamson S. Oldham, John Gregg, John H. Reagan; W. B. Ochiltree, JohnHemphill, Louis T. Wigfall.

(*) This paragraph was amended as follows:

Be it ordained by the Congress of the Confederate States of America, That the second paragraph of thefirst section of the third article of the Constitution of the Confederate States of America be so amendedin the first line of said paragraph as to read, Each State shall, until otherwise enacted by law, constitutea district;" and in the sixth line, after the word " judge," add or judges."


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[Transcriber's Note: Following are the constitutions of the United States of America, and of theConfederate States of America, listed essentially sentence by sentence, with the corresponding

sentences from each constitution. This is the listing "in parallel columns" described earlier. Eachsentence is prefixed with either USA or CSA to indicate the source.]

[USA] Constitution of the United States ofAmerica.

[CSA] Constitution of the Confederate States ofAmerica.

[USA] We the People of the United States, inorder to form a more perfect Union, establishJustice, insure domestic Tranquillity, providefor the common defence, promote the generalWelfare, and secure the Blessings of Liberty toourselves and our Posterity, do ordain andestablish this Constitution for the United Statesof America.

[CSA] 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 domestictranquillity, and secure the blessings of liberty toourselves and our posterityinvoking the favor andguidance of Almighty Goddo ordain and establishthis Constitution for the Confederate States ofAmerica.

[USA] ARTICLE I. [CSA] ARTICLE I.

[USA] Section 1. All legislative Powersherein granted shall be vested in a Congress ofthe United States, which shall consist of aSenate and House of Representatives.

[CSA] Section 1. All legislative powers hereindelegatedshall be vested in a Congress of theConfederate States, which shall consist of a Senateand House of Representatives.

[USA] Section 2. The House ofRepresentatives shall be composed of Memberschosen every second Year by the People of theseveral States, and the Electors in each Stateshall have the Qualifications requisite forElectors of the most numerous Branch of the

State Legislature.

[CSA] Section 2. The House of Representativesshall be composed of members chosen every secondyear by the people of the several States; and theelectors in each State shall be citizens of theConfederate States, [pg 649] andhave thequalifications requisite for electors of the most

numerous branch of the State Legislature; but noperson of foreign birth, not a citizen of the

Confederate States, shall be allowed to vote for any

officer, civil or political, State or Federal.

[USA] No Person shall be a Representative whoshall not have attained to the Age of twenty-fiveYears, and been seven Years a Citizen of theUnited States, and who shall not, when elected,be an Inhabitant of that State in which he shallbe chosen.

[CSA] No person shall be a Representative whoshall not have attained the age of twenty-five years,and be a citizen of the Confederate States, and whoshall not, when elected, be an inhabitant of that Statein which he shall be chosen.


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[USA] Representatives and direct Taxes shallbe apportioned among the several States, whichmay be included within this Union, according totheir respective Numbers,209which shall bedetermined by adding to the whole Number offree Persons, including those bound to Servicefor a Term of Years, and excluding Indians nottaxed, three-fifths of all other Persons.210The

actual Enumeration shall be made within threeYears after the first meeting of the Congress ofthe United States, and within every subsequentTerm of ten Years, in such Manner as they shallby Law direct. The Number of Representativesshall not exceed one for every thirty Thousand,but each State shall have at Least oneRepresentative; and until such enumerationshall be made, the State of New Hampshireshall be entitled to chuse three, Massachusettseight, Rhode-Island and Providence Plantations

one, Connecticut five, New York six, NewJersey four, Pennsylvania eight, Delaware one,Maryland six, Virginia ten, North Carolina five,South Carolina five, and Georgia three.

[CSA] Representatives and direct taxes shall beapportioned among the several States which may beincluded within this Confederacy, according to theirrespective numbers, which shall be determined byadding 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 allslaves. The actual enumeration shall be made within

three years after the first meeting of the Congress ofthe Confederate States, and within every subsequentterm of ten years, in such manner as they shall be bylaw direct. The number of Representatives shall notexceed one for everyfifty thousand, but each Stateshall have at least one Representative; and until suchenumeration shall be made, the State ofSouthCarolina shall be entitled to choose six, the State ofGeorgia ten, the State of Alabama [pg 650] nine, theState of Florida two, the State of Mississippi seven,

the State of Louisiana six, and the State of Texas six.

[USA] When vacancies happen in theRepresentation from any State, the ExecutiveAuthority thereof shall issue Writs of Electionto fill such Vacancies.

[CSA] When vacancies happen in the representationfrom any State, the Executive authority thereof shallissue writs of election to fill such vacancies.

[USA] The House of Representatives shallchuse their Speaker and other officers;211andshall have the sole Power of Impeachment.

[CSA] The House of Representatives shall choosetheir Speaker and other officers; and shall have thesole power of impeachment, except that any judicialor 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.

[USA] Section 3. The Senate of the UnitedStates shall be composed of two Senators fromeach State, chosen by the Legislature thereof,

for six Years; and each Senator shall have oneVote.

[CSA] Section 3. The Senate of the ConfederateStates shall be composed of two Senators from eachState, chosen for six years by the Legislature

thereof, at the regular session next immediatelypreceding the commencement of the term of service;and each Senator shall have one vote.
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[USA] Immediately after they shall beassembled in Consequence of the first Election,they shall be divided as equally as may be intothree Classes. The Seats of the Senators of thefirst Class shall be vacated at the Expiration ofthe second Year, of the second Class at theExpiration of the fourth Year, and of the thirdclass at the Expiration of the sixth Year, so that

one-third may be chosen every second year; andif Vacancies happen by Resignation, orotherwise, during the Recess of the Legislatureof any State, the Executive thereof may maketemporary Appointments until the next Meetingof the Legislature, which shall then fill suchVacancies.

[CSA] Immediately after they shall be assembled, inconsequence of the first election, they shall bedivided as equally as may be into three classes. Theseats of the Senators of the first class shall bevacated at the expiration of the second year; of thesecond class at the expiration of the fourth year; andof 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 [pg 651] recess of the Legislature of anyState, the Executive thereof may make temporaryappointments until the next meeting of theLegislature, which shall then fill such vacancies.

[USA] No person shall be a Senator who shallnot have attained to the Age of thirty Years, andbeen nine Years a Citizen of the United States,

and who shall not, when elected, be anInhabitant of that State for which he shall bechosen.

[CSA] No person shall be a Senator who shall nothave attained the age of thirty years, and be a citizenof the Confederate States; and who shall not, when

elected, be an inhabitant ofthe State for which heshall be chosen.

[USA] The Vice President of the United Statesshall be President of the Senate, but shall haveno Vote, unless they be equally divided.

[CSA] The Vice-President of the Confederate Statesshall be President of the Senate, but shall have novote unless they be equally divided.

[USA] The Senate shall chuse their otherOfficers, and also a President pro tempore, inthe absence of the Vice President, or when he

shall exercise the Office of President of theUnited States.

[CSA] The Senate shall choose their other officers;and also a Presidentpro tempore in the absence ofthe Vice-President, or when he shall exercise the

office of President of the Confederate States.

[USA] The Senate shall have the sole Power totry all Impeachments. When sitting for thatPurpose, they shall be on Oath or Affirmation.When the President of the United States is tried,the Chief Justice shall preside: And no Personshall be convicted without the Concurrence oftwo-thirds of the Members present.

[CSA] The Senate shall have the sole power to tryall impeachments. When sitting for that purpose,they shall be on oath or affirmation. When thePresident of the Confederate States is tried, theChief-Justice shall preside; and no person shall beconvicted without the concurrence of two thirds ofthe members present.


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[USA] Judgment in Cases of Impeachment shallnot extend further than to removal from Office,and Disqualification to hold and enjoy anyOffice of Honour, Trust or Profit under theUnited States: but the Party convicted shallnevertheless be liable and subject to Indictment,Trial, Judgment and Punishment, according toLaw.

[CSA] Judgment in cases of impeachment shall notextend further than to removal from office, anddisqualification to hold and enjoy any office ofhonor, trust, or profit, under the Confederate States;but the party convicted shall, nevertheless, be liableand subject to indictment, trial, judgment, andpunishment according to law.

[USA] Section 4. The Times, Places andManner of holding Elections for Senators andRepresentatives, shall be prescribed in eachState by the Legislature thereof: but theCongress may at any time by Law make or altersuch Regulations, except as to the places ofchusing Senators.

[CSA] Section 4. The times, place, and manner ofholding elections for Senators and Representatives,shall be [pg 652] prescribed in each State by theLegislature thereof, subject to the provisions of thisConstitution; but the Congress may, at any time, bylaw, make or alter such regulations, except as to thetimes andplaces of choosing Senators.

[USA] The Congress shall assemble at leastonce in every Year, and such Meeting shall be

on the first Monday in December, unless theyshall by Law appoint a different Day.

[CSA] The Congress shall assemble at least once inevery year; and such meeting shall be on the first

Monday in December, unless they shall, by law,appoint a different day.

[USA] Section 5. Each House shall be theJudge of the Elections, Returns andQualifications of its own Members and aMajority of each shall constitute a Quorum todo Business; but a smaller Number may adjournfrom day to day, and may be authorized tocompel the Attendance of absent Members, insuch Manner, and under such Penalties as eachHouse may provide.

[CSA] Section 5. Each House shall be the judge ofthe elections, returns, and qualifications of its ownmembers, and a majority of each shall constitute aquorum to do business; but a smaller number mayadjourn from day to day, and may be authorized tocompel the attendance of absent members, in suchmanner and under such penalties as each House mayprovide.

[USA] Each House may determine the Rules ofits Proceedings, punish its Members fordisorderly Behaviour, and, with theConcurrence of two-thirds, expel a Member.

[CSA] Each House may determine the rules of itsproceedings, punish its members for disorderlybehavior, and, with the concurrence of two thirds ofthe whole number, expel a member.

[USA] Each House shall keep a Journal of itsProceedings, and from time to time publish thesame, excepting such Parts as may in theirJudgment require Secrecy; and the Yeas andNays of the Members of either House on any

question shall, at the Desire of one-fifth of thosePresent, be entered on the Journal.

[CSA] Each House shall keep a journal of itsproceedings, and from time to time publish thesame, excepting such parts as may in their judgmentrequire secrecy; and the yeas and nays of themembers of either House, on any question, shall, at

the desire of one fifth of those present, be entered onthe journal.


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[USA] Neither House, during the Session ofCongress, shall, without the Consent of theother, adjourn for more than three days, nor toany other Place than that in which the twoHouses shall be sitting.

[CSA] Neither House, during the Session ofCongress, shall, without the consent of the other,adjourn for more than three days, nor to any otherplace than that in which the two Houses shall besitting. [pg 653]

[USA] Section 6. The Senators andRepresentatives shall receive a Compensation

for their Services, to be ascertained by Law, andpaid out of the Treasury of the United States.They shall in all Cases, except Treason, Felonyand Breach of the Peace, be privileged fromArrest during their Attendance at the Session oftheir respective Houses, and in going to andreturning from the same; and for any Speech orDebate in either House, they shall not bequestioned in any other Place.

[CSA] Section 6. The Senators andRepresentatives shall receive a compensation for

their services, to be ascertained by law, and paid outof the Treasury of the Confederate States. They shallin all cases, except treason, felony and breach of thepeace, be privileged from arrest during theirattendance 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 shallnot be questioned in any other place.

[USA] No Senator or Representative shall,during the time for which he was elected, beappointed to any civil Office under theAuthority of the United States, which shall havebeen created, or the Emoluments whereof shallhave been increased during such time; and noPerson holding any Office under the UnitedStates, shall be a Member of either Houseduring his Continuance in Office.

[CSA] No Senator or Representative shall, duringthe time for which he was elected, be appointed toany civil office under the authority of theConfederate States, which shall have been created,or the emoluments whereof shall have beenincreased during such time; and no person holdingany office under the Confederate States, shall be amember of either House during his continuance inoffice.But Congress may, by law, grant to theprincipal 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.

[USA] Section 7. All Bills for raisingRevenue shall originate in the House ofRepresentatives; but the Senate may propose orconcur with Amendments as on other Bills.

[CSA] Section 7. All bills for raising the revenueshall originate in the House of Representatives; butthe Senate may propose or concur with amendments,as on other bills. [pg 654]


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[USA] Every Bill which shall have passed theHouse of Representatives and the Senate, shall,before it become a Law, be presented to thePresident of the United States; If he approve heshall sign it, but if not he shall return it, with hisObjections to that House in which it shall haveoriginated, who shall enter the Objections atlarge on their Journal, and proceed to reconsider

it. If after such Reconsideration two-thirds ofthat House shall agree to pass the Bill, it shallbe sent, together with the Objections, to theother House, by which it shall likewise bereconsidered, and if approved by two-thirds ofthat House, it shall become a Law. But in allsuch Cases the Votes of Both Houses shall bedetermined by Yeas and Nays, and the Namesof the Persons voting for and against the Billshall be entered on the Journal of each Houserespectively. If any Bill shall not be returned by

the President within ten Days (Sundaysexcepted) after it shall have been presented tohim, the Same shall be a law, in like Manner asif he had signed it, unless the Congress by theirAdjournment prevent its Return, in which Caseit shall not be a Law.

[CSA] Every bill which shall have passed bothHouses, shall, before it becomes a law, be presentedto the President of the Confederate States; if heapprove, he shall sign it; but if not, he shall return it,with his objections, to that House in which it shallhave originated, who shall enter the objections atlarge 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, bywhich it shall likewise be reconsidered, and, ifapproved by two thirds of that House, it shallbecome a law. But, in all such cases, the votes ofboth Houses shall be determined by yeas and nays,and the names of the persons voting for and againstthe bill shall be entered on the journal of eachHouse, respectively. If any bill shall not be returnedby 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, preventits return; in which case it shall not be a law. ThePresident 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.

[USA] Every Order, Resolution, or Vote towhich the Concurrence of the Senate and Houseof Representatives may be necessary (except ona question of Adjournment) shall be presentedto the President of the United States; and beforethe Same shall take Effect, shall be approved byhim, or being disapproved by him, shall berepassed by two-thirds of the Senate and Houseof Representatives, according to the Rules andLimitations prescribed in the Case of a Bill.

[CSA] Every order, resolution, or vote, to which theconcurrence ofboth Houses may be necessary(except on a question of adjournment), shall bepresented to the President of the Confederate States;and, before the same shall take effect, shall beapproved by him; or, being disapproved, [pg 655]shall be repassed by two thirds ofboth Houses,according to the rules and limitations prescribed incase of a bill.

[USA] Section 8.The Congress shall havePower

[CSA] Section 8. The Congress shall havepower


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[USA] To lay and collect Taxes, Duties,Imposts and Excises, to pay the Debts andprovide for the common Defence and generalWelfare of the United States; but all Duties,Imposts and Excises shall be uniformthroughout the United States;

[CSA] To lay and collect taxes, duties, imposts, andexcises,for revenue necessary to pay the debts,provide for the common defense, and carry on theGovernment of the Confederate States; but nobounties 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 ConfederateStates;

[USA] To borrow Money on the credit of theUnited States;

[CSA] To borrow money on the credit of theConfederate States;

[USA] To regulate Commerce with foreignNations, and among the several States, and withthe Indian Tribes;

[CSA] To regulate commerce with foreign nations,and among the several States, and with the Indiantribes; but neither this, nor any other clausecontained in the Constitution, shall ever be

construed to delegate the power to Congress to

appropriate money for any internal improvement

intended to facilitate commerce; except for the

purpose of furnishing lights, beacons, and buoys,

and other aid to navigation upon the coasts, and the

improvement of harbors and the removing of

obstructions in river navigation, in all which cases,

such duties shall be laid on the navigation facilitated

thereby, as may be necessary to pay the costs and

expenses thereof;

[USA] To establish an uniform Rule ofNaturalization, and uniform Laws on the subjectof Bankruptcies throughout the United States;

[CSA] To establish uniform laws of naturalization,and uniform laws on the [pg 656] subject ofbankruptcies, throughout the Confederate States; butno law of Congress shall discharge any debt

contracted before the passage of the same;

[USA] To coin Money, regulate the Valuethereof, and of foreign Coin, and fix theStandard of Weights and Measures;

[CSA] To coin money, regulate the value thereof,and of foreign Coin, and fix the standard of weightsand measures;

[USA] To provide for the Punishment ofcounterfeiting the Securities and current Coin ofthe United States;

[CSA] To provide for the punishment ofcounterfeiting the securities and current coin of theConfederate States;

[USA] To establish Post Offices and post

Roads;

[CSA] To establish post-offices and post routes; but

the expenses of the Post-Office Department, after thefirst day of March, in the year of our Lord eighteen

hundred and sixty-three, shall be paid out of its own

revenue;


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[USA] To promote the progress of Science anduseful Arts, by securing for limited Times toAuthors and Inventors the exclusive Right totheir respective Writings and Discoveries;

[CSA] To promote the progress of science anduseful arts, by securing for limited times to authorsand inventors the exclusive right to their respectivewritings and discoveries;

[USA] To constitute Tribunals inferior to thesupreme Court;

[CSA] To constitute tribunals inferior to theSupreme Court;

[USA] To define and punish Piracies andFelonies committed on the high Seas, andOffences against the Law of Nations;

[CSA] To define and punish piracies and feloniescommitted on the high-seas, and offenses against thelaw of nations;

[USA] To declare War, grant Letters of Marqueand Reprisal, and make Rules concerningCaptures on Land and Water;

[CSA] To declare war, grant letters of marque andreprisal, and make rules concerning captures on landand on water;

[USA] To raise and support Armies, but noAppropriation of Money to that Use shall be fora longer Term than two Years;

[CSA] To raise and support armies, but noappropriation of money to that use shall be for alonger term than two years;

[USA] To provide and maintain a Navy; [CSA] To provide and maintain a navy;

[USA] To make Rules for the Government andRegulation of the land and naval Forces;

[CSA] To make rules for the government andregulation of the land and naval forces;

[USA] To provide for calling forth the Militia toexecute the Laws of the Union, suppressInsurrections and repel Invasions;

[CSA] To provide for calling forth the militia toexecute the laws of the [pg 657] Confederate States,suppress insurrections, and repel invasions;

[USA] To provide for organizing, arming anddisciplining, the Militia, and for governing such

Part of them as may be employed in the Serviceof the United States, reserving to the Statesrespectively, the Appointment of the Officers,and the Authority of training the Militiaaccording to the Discipline prescribed byCongress;

[CSA] To provide for organizing, arming, anddisciplining the militia, and for governing such part

of them as may be employed in the service of theConfederate States, reserving to the States,respectively, the appointment of the officers, and theauthority of training the militia according to thediscipline prescribed by Congress;

[USA] To exercise exclusive Legislation in allCases whatsoever, over such District (notexceeding ten Miles square) as may, by Cessionof particular States, and the Acceptance of

Congress, become the Seat of the Governmentof the United States, and to exercise likeAuthority over all Places purchased by theConsent of the Legislature of the State in whichthe Same shall be, for the Erection for Forts,Magazines, Arsenals, Dock-Yards, and otherneedful Buildings;And

[CSA] To exercise exclusive legislation in all caseswhatsoever, over such district (not exceeding tenmiles square) as may, by cession ofone or moreStates, and the acceptance Congress, become the

seat of the Government of the Confederate States,and to the exercise like authority over all placespurchased by the consent of the Legislature of theSate in which the same shall be, for the erection offorts, magazines, arsenals, dock-yards, and otherneedful buildings; and


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[USA] To make all Laws which shall benecessary and proper for carrying intoExecution the foregoing Powers, and all otherPowers vested by this Constitution in theGovernment of the United Sates, or in anyDepartment or Officer thereof.

[CSA] To make all laws which shall be necessaryand proper for carrying into execution the foregoingpowers, and all other powers vested by thisConstitution in the Government of the ConfederateStates, or in any department or officer thereof.

[USA] Section 9. The Migration or

Importation of such Persons as any of the Statesnow existing shall think proper to admit, shallnot be prohibited by the Congress prior to theYear one thousand eight hundred and eight, buta Tax or Duty may be imposed on suchImportation, and not exceeding ten dollars foreach Person.

[CSA] Section 9. The importation ofnegroes of

the African race, from any foreign country otherthan the slave-holding 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.

[CSA] Congress shall also have power to prohibitthe introduction of slaves from any State not a

member of, or[pg 658] Territory not belonging to,this Confederacy.

[USA] The Privilege of the Writ of Habeas

Corpus shall not be suspended, unless when inCases of Rebellion or Invasion the public Safetymay require it.

[CSA] The privilege of the writ ofhabeas corpus

shall not be suspended, unless when, in cases ofrebellion or invasion, the public safety may requireit.

[USA] No Bill of Attainder or ex post factoLaw shall be passed.

[CSA] No bill of attainder, ex post facto law, or lawdenying or impairing the right of property in negro

slaves shall be passed.

[USA] No Capitation, or other direct, Tax shallbe laid, unless in Proportion to the Census orEnumeration herein before directed to be taken.

[CSA] No capitation or other direct tax shall be laid,unless in proportion to the census or enumerationherein before directed to be taken.

[USA] No Tax or Duty shall be laid on Articlesexported from any State.

[CSA] No tax or duty shall be laid on articlesexported from any State except by a vote of twothirds of both Houses.

[USA] No Preference shall be given by anyRegulation of Commerce or Revenue to thePorts of one State over those of another: norshall Vessels bound to, or from, one State, beobliged to enter, clear, or pay Duties in another.

[CSA] No preference shall be given by anyregulation of commerce or revenue to the ports ofone State over those of another.


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[USA] No Money shall be drawn from theTreasury, but in Consequence of Appropriationsmade by Law; and a regular Statement andAccount of the Receipts and Expenditures of allpublic Money shall be published from time totime.

[CSA] No money shall be drawn from the Treasury,but in consequence of appropriations made by law;and a regular statement and account of the receiptsand expenditures of all public money shall bepublished from time to time.

[CSA] Congress shall appropriate no money fromthe 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[pg 659] which shall have been judicially declaredby 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 eachappropriation, 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.

[USA] No Title of Nobility shall be granted bythe United States: And no Person holding anyOffice of Profit or Trust under them, shall,without the Consent of the Congress, accept of

any present, Emolument, Office, or Title, of anykind whatever, from any King, Prince, orforeign State.

[CSA] No title of nobility shall be granted by theConfederate States; and no person holding anyoffice of profit or trust under them shall, without theconsent of the Congress, accept of any present,

emolument, office, or title of any kind whatever,from any king, prince, or foreign state.

[CSA] Congress shall make no law respecting anestablishment of religion, or prohibiting the freeexercise thereof; or abridging the freedom of speech,or of the press; or the right of the people peaceablyto assemble and petition the Government for aredress of grievances.

[CSA] A well-regulated militia being necessary to

the security of a free state, the right of the people tokeep and bear arms shall not be infringed.

[CSA] No soldier shall, in time of peace, bequartered in any house without the consent of theowner; nor in time of war, but in a manner to beprescribed by law.


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[CSA] The right of the people to be secure in theirpersons, houses, papers, and effects, againstunreasonable searches and seizures, shall not beviolated; and no warrants shall issue [pg 660] butupon probable cause, supported by oath oraffirmation, and particularly describing the place tobe searched, and the persons or things to be seized.

[CSA] No person shall be held to answer for acapital or otherwise infamous crime, unless on apresentment or indictment of a grand jury, except incases arising in the land or naval forces, or in themilitia, when in actual service in time of war orpublic danger; nor shall any person be subject, forthe same offense, to be twice put in jeopardy of lifeor limb; nor be compelled, in any criminal case, tobe a witness against himself; nor be deprived of life,liberty, or property, without due process of law; norshall private property be taken for public use withoutjust compensation.

[CSA] In all criminal prosecutions, the accused shallenjoy the right to a speedy and public trial, by animpartial jury of the State and district wherein thecrime shall have been committed, which districtshall have been previously ascertained by law, andto be informed of the nature and cause of theaccusation; to be confronted with the witnessesagainst him; to have compulsory process forobtaining witnesses in his favor; and to have theassistance of counsel for his defense.

[CSA] In suits at common law, where the value incontroversy shall exceed twenty dollars, the right oftrial by jury shall be preserved; and no fact so triedby a jury shall be otherwise rexamined in any courtof the Confederacy, than according to the rules ofthe common law. [pg 661]

[CSA] Excessive bail shall not be required, norexcessive fines imposed, nor cruel and unusualpunishment inflicted.

[CSA]Every law, or resolution having the force of

law, shall relate to but one subject, and that shall beexpressed in the title.


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[USA] Section 10.No State shall enter intoany Treaty, Alliance, or Confederation; grantLetters of Marque and Reprisal; coin Money;emit Bills of Credit; make any Thing but goldand silver Coin a Tender in Payment of Debts;pass any Bill of Attainder, ex post facto Law, orLaw impairing the Obligation of Contracts, orgrant any Title of Nobility.

[CSA] Section 10. No State shall enter into anytreaty, alliance, or confederation; grant letters ofmarque and reprisal; coin money; make anything butgold and silver coin a tender in payment of debts;pass any bill of attainder, or ex post facto law, or lawimpairing the obligation of contracts, or grant anytitle of nobility.

[USA] No State shall, without the consent of theCongress, lay any Imposts or Duties on Importsor Exports, except what may be absolutelynecessary for executing its inspection Laws: andthe net Produce of all Duties and Imposts, laidby any State on Imports or Exports, shall be forthe Use of the Treasury of the United States;and all such Laws shall be subject to theRevision and Controul of the Congress.

[CSA] No State shall, without the consent of theCongress, lay any imposts or duties on imports orexports, except what may be absolutely necessaryfor executing its inspection laws; and the netproduce of all duties and imposts, laid by any Stateon imports or exports, shall be for the use of theTreasury of the Confederate States; and all suchlaws shall be subject to the revision and control ofCongress.

[USA] No State shall, without the Consent ofCongress, lay any Duty of Tonnage, keepTroops, or Ships of War in time of Peace, enterinto any Agreement or Compact with anotherState, or with a foreign Power, or engage inWar, unless actually invaded, or in suchimminent Danger as will not admit of Delay.

[CSA] No State shall, without the consent ofCongress, 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 ofwar in time of peace, enter into any agreement ofcompact with another [pg 662] State, or with a

foreign power, or engage in war unless actuallyinvaded, or in such imminent danger as will notadmit of delay.But when any river divides or flowsthrough two or more States, they may enter into

compacts with each other to improve the navigation

thereof.

[USA] ARTICLE II. [CSA] ARTICLE II.

[USA] Section 1. The executive Power shallbe vested in a President of the United States of

America. He shall hold his Office during theTerm of four Years, and, together with the VicePresident, chosen for the same Term, be elected,as follows:

[CSA] Section 1. The executive Power shall bevested in a President of the Confederate States of

America.He and the Vice-President shall hold theiroffices forthe term ofsix years; but the Presidentshall not be religible. The President and the Vice-

President shall be elected as follows:


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[USA] Each State shall appoint, in such Manneras the Legislature thereof may direct, a Numberof Electors, equal to the whole Number ofSenators and Representatives to which the Statemay be entitled in the Congress: but no Senatoror Representative, or Person holding an Officeof Trust or Profit under the United States, shallbe appointed an Elector.

[CSA] Each State shall appoint, in such manner asthe Legislature thereof may direct, a number ofelectors, equal to the whole number of Senators andRepresentatives to which the State may be entitled inthe Congress: but no Senator or Representative, orperson holding an office of trust or profit under theConfederate States, shall be appointed an elector.

[USA]212The Electors shall meet in theirrespective States, and vote by Ballot for twoPersons, of whom one at least shall not be anInhabitant of the same State with themselves.And they shall make a List of all the Personsvoted for, and of the Number of Votes for each;which List they shall sign and certify, andtransmit sealed to the Seat of the Government ofthe United States, directed to the President ofthe Senate. The President of the Senate shall, inthe Presence of the Senate and House ofRepresentatives, open all the Certificates, andthe Votes shall then be counted. The Personhaving the greatest Number of Votes shall bethe President, if such Number be a Majority ofthe whole Number of Electors appointed; and ifthere be more than one who have such Majorityand have an equal Number of Votes, then theHouse of Representatives shall immediatelychuse by Ballot one of them for President; andif no Person have a Majority, then from the fivehighest on the List the said House shall in likeManner chuse the President. But in chusing thePresident, the Votes shall be taken by States, theRepresentation from each State having oneVote; a Quorum for this Purpose shall consist ofa Member or Members from two-thirds of theStates, and a Majority of all the States shall benecessary to a Choice. In every Case, after theChoice of the President, the Person having thegreatest Number of Votes of the Electors shallbe the Vice President. But if there shouldremain two or more have equal Votes, theSenate shall chuse from them by Ballot the VicePresident.

[CSA] The electors shall meet in their respectiveStates and vote by ballot for President and Vice-President, one of whom, at least, shall not be aninhabitant of the same State with themselves; theyshall name in their ballots the person voted for asPresident, and in distinct ballots the person voted foras Vice-President, and they shall make distinct listsof all persons voted for as President, and of allpersons voted for as Vice-President and of thenumber of votes for each, which list they shall signand [pg 663] certify, and transmit sealed to the seatof the Government of the Confederate States,directed to the President of the Senate. The Presidentof the Senate shall, in the presence of the Senate andHouse of Representatives, open all the certificates,and the votes shall then be counted. The personhaving the greatest number of votes for Presidentshall be the President, if such number be a majorityof the whole number of electors appointed; and if noperson have such majority, then from the personshaving the highest numbers not exceeding three onthe list of those voted for as President, the House ofRepresentatives shall choose immediately, by ballot,the President. But in choosing the President, thevotes shall be taken by States, the representationfrom each State having one vote; a quorum for thispurpose shall consist of a member or members fromtwo thirds of the States, and a majority of all theStates shall be necessary to a choice. And if theHouse of Representatives shall not choose aPresident whenever the right of choice shall devolveupon them, before the fourth day of March nextfollowing, then the Vice-President shall act asPresident, as in the case of the death or otherconstitutional disability of the President.
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[CSA] The person having the greatest number ofvotes as Vice-President, shall be the Vice-President,if such number be a majority of the whole number ofelectors appointed; and if no person have a majority,then from the two highest numbers on the list theSenate shall choose the Vice-President. A quorumfor the [pg 664] purpose shall consist of two thirdsof the whole number of Senators, and a majority of

the whole number shall be necessary to a choice.

[CSA] But no person constitutionally ineligible tothe office of President shall be eligible to that ofVice-President of the Confederate States.

[USA] The Congress may determine the Timeof chusing the Electors, and the Day on whichthey shall give their Votes; which Day shall bethe same throughout the United States.

[CSA] The Congress may determine the time ofchoosing the electors, and the day on which theyshall give their votes; which day shall be the samethroughout the Confederate States.

[USA] No Person except a natural born Citizen,or a Citizen of the United States, at the time ofthe Adoption of this Constitution, shall beeligible to the Office of President; neither shallany Person be eligible to that Office who shallnot have attained to the Age of thirty-fiveYears, and been fourteen Years a Residentwithin the United States.

[CSA] No person except a natural born citizen of theConfederate States, or a citizen thereof at the time ofthe adoption of this Constitution, or a citizen thereofborn in the United States prior to the 20th of

December, 1860, shall be eligible to the office ofPresident; neither shall any person be eligible to thatoffice who shall not have attained the age of thirty-five years, and been fourteen years a resident withinthe limits of the Confederate States, as they mayexist at the time of his election.

[USA] In Case of the Removal of the Presidentfrom Office, or of his Death, Resignation, or

Inability to discharge the Powers and Duties ofthe said office, the same shall devolve on theVice President, and the Congress may by Lawprovide for the Case of Removal, Death,Resignation, or Inability, both of the Presidentand Vice President, declaring what Officer shallthen act as President, and such Officer shall actaccordingly, until the Disability be removed, ora President shall be elected.

[CSA] In case of the removal of the President fromoffice, or of his death, resignation, or inability to

discharge the powers and duties of the said office,the same shall devolve on the Vice-President; andthe Congress may, by law, provide for the case ofremoval, death, resignation, or inability, both of thePresident and Vice-President, declaring what officershall then act as President; and such officer shall actaccordingly, until the disability be removed or aPresident shall be elected. [pg 665]

[USA] The President shall, at stated Times,receive for his Services, a Compensation, which

shall neither be encreased nor diminishedduring the Period for which he shall have beenelected, and he shall not receive within thatPeriod any other Emolument from the UnitedStates, or any of them.

[CSA] The President shall, at stated times, receivefor his services a compensation, which shall neither

be increased nor diminished during the period forwhich he shall have been elected; and he shall notreceive within that period any other emolument fromthe Confederate States, or any of them.


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[USA] Before he enter on the Execution of hisOffice, he shall take the following Oath orAffirmation:

[CSA] Before he enters on the execution of hisoffice, he shall take the following oath oraffirmation:

[USA] "I do solemnly swear (or affirm) that Iwill faithfully execute the Office of President ofthe United States, and will to the best of myAbility, preserve, protect and defend theConstitution of the United States."

[CSA] "I do solemnly swear (or affirm) that I willfaithfully execute the office of President of theConfederate States of America, and will to the bestof my ability, preserve, protect, and defend theConstitution thereof."

[USA] Section 2. The President shall beCommander in Chief of the Army and Navy ofthe United States, and of the Militia of theseveral States, when called into the actualService of the United States; he may require theOpinion, in writing, of the principal Officer ineach of the executive Departments, upon anySubject relating to the Duties of their respectiveOffices, and he shall have Power to grant

Reprieves and Pardons for Offences against theUnited States, except in Cases of Impeachment.

[CSA] Section 2. The President shall beCommander-in-Chief of the Army and Navy of theConfederate States, and of the militia of the severalStates, when called into the actual service of theConfederate States; he may require the opinion, inwriting, of the principal officer in each of theexecutive departments, upon any subject relating tothe duties of their respective offices, and he shallhave power to grant reprieves and pardons for

offenses against the Confederacy, except in cases ofimpeachment.

[USA] He shall have Power, by and with theAdvice and Consent of the Senate, to makeTreaties, provided two-thirds of the Senatorspresent concur; and he shall nominate, and byand with the Advice and Consent of the Senate,shall appoint Ambassadors, other publicMinisters and Consuls, Judges of the supremeCourt, and all other Officers of the United

States, whose Appointments are not hereinotherwise provided for, and which shall beestablished by Law: but the Congress may byLaw vest the Appointment of such inferiorOfficers, as they think proper, in the Presidentalone, in the Courts of Law, or in the Heads ofDepartments.

[CSA] He shall have power, by and with the adviceand consent of the Senate, to make treaties, providedtwo thirds of the Senators present concur; and heshall nominate, and by and with the advice andconsent of the Senate shall appoint ambassadors,other public ministers and consuls, Judges of theSupreme Court and all other officers of theConfederate States, whose appointments are not

herein otherwise provided for, and which [pg 666]shall be established by law; but the Congress may bylaw vest the appointment of such inferior officers, asthey think proper, in the President alone, in thecourts of law, or in the heads of departments.

[CSA] The principal officer in each of the executivedepartments, 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 anytime 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.


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[USA] The President shall have Power to fill upall Vacancies that may happen during theRecess of the Senate, by granting Commissionswhich shall expire at the End of their nextSession.

[CSA] The President shall have power to fill up allvacancies that may happen during the recess of theSenate, by granting commissions which shall expireat the end of their next session.But no personrejected by the Senate shall be reappointed to the

same office during their ensuing recess.

[USA] Section 3. He shall from time to time

give to the Congress Information of the State ofthe Union, and recommend to theirConsideration such Measures as he shall judgenecessary and expedient; he may, onextraordinary Occasions, convene both Houses,or either of them, and in Case of Disagreementbetween them, with Respect to the time ofAdjournment, he may adjourn them to suchTime as he shall think proper; he shall receiveAmbassadors and other public Ministers; heshall take Care that the Laws be faithfully

executed, and shall Commission all the officersof the United States.

[CSA] Section 3.The Presidentshall from time to

time give to the Congress information of the state ofthe Confederacy, and recommend to theirconsideration such measures as he shall judgenecessary and expedient: he may on extraordinaryoccasions convene both Houses, or either of them;and in case of disagreement between them, withrespect to the time of adjournment, he may adjournthem to such time as he shall think proper; he shallreceive ambassadors and other public ministers; heshall [pg 667] take care that the laws be faithfullyexecuted, and shall commission all the officers of

the Confederate States.

[USA] Section 4. The President, VicePresident and all civil Officers of the UnitedStates, shall be removed from Office onImpeachment for, and Conviction of, Treason,Bribery, or other high Crimes andMisdemeanors.

[CSA] Section 4. The President, Vice-President,and all civil officers of the Confederate States, shallbe removed from office on impeachment for andconviction of, treason, bribery, or other high crimesand misdemeanors.

[USA] ARTICLE III. [CSA] ARTICLE III.

[USA] Section 1. The Judicial Power of theUnited States, shall be vested in one supremeCourt, and in such inferior Courts as theCongress may from time to time ordain andestablish. The Judges, both of the supreme andinferior Courts, shall hold their Offices duringgood Behavior, and shall, at stated times,receive for their Services, a Compensationwhich shall not be diminished during theirContinuance in Office.

[CSA] Section 1. The judicial power of theConfederate States shall be vested in one SupremeCourt, and in such inferior courts as the Congressmay from time to time ordain and establish. TheJudges, both of the Supreme and inferior Courts,shall hold their offices during good behavior, andshall, at stated times, receive for their services acompensation, which shall not be diminished duringtheir continuance in office.


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[USA] Section 2. The judicial Power shallextend to all Cases, in Law and Equity, arisingunder this Constitution, the Laws of the UnitedStates, and Treaties made, or which shall bemade, under their Authority;to all Casesaffecting Ambassadors, other public Ministersand Consuls;to all Cases of admiralty andmaritime Jurisdiction;to Controversies to

which the United States shall be a Party;

toControversies between two or more States;between a State and Citizens of another State;between Citizens of different States,betweenCitizens of the same State claiming Lands underGrants of different States, and between a State,or the Citizens thereof, and foreign States,Citizens or Subjects.

[CSA] Section 2. The judicial power shall extendto all cases arising under this Constitution, the lawsof the Confederate States, and treaties made, orwhich shall be made, under their authority; to allcases affecting ambassadors, other public ministers,and consuls; to all cases of admiralty and maritimejurisdiction; to controversies to which theConfederate States shall be a party; to controversies

between two or more States; between a State andcitizens of another State, where the State is plaintiff;between citizens claiming lands under grants ofdifferent States, and between a State or the citizensthereof, and foreign states, citizens, [pg 668] orsubjects.But no State shall be sued by a citizen orsubject of any foreign state.

[USA] In all Cases affecting Ambassadors,other public Ministers and Consuls, and those in

which a State shall be Party, the supreme Courtshall have original Jurisdiction. In all the otherCases before mentioned, the supreme Courtshall have appellate Jurisdiction, both as to Lawand Fact, with such Exceptions, and under suchRegulations as the Congress shall make.

[CSA] In all cases affecting ambassadors, otherpublic ministers and consuls, and those in which a

State shall be party, the Supreme Court shall haveoriginal jurisdiction. In all the other cases beforementioned, the Supreme Court shall have appellatejurisdiction, both as to law and fact, with suchexceptions and under such regulations as theCongress shall make.

[USA] The Trial of all Crimes, except in Casesof Impeachment, shall be by Jury; and suchTrial shall be held in the State where the saidCrimes shall have been committed; but when

not committed with any State, the Trial shall beat such Place or Places as the Congress may byLaw have directed.

[CSA] The trial of all crimes, except in cases ofimpeachment, shall be by jury; and such trial shallbe held in the State where the said crimes shall havebeen committed; but when not committed within any

State the trial shall be at such place or places as theCongress may by law have directed.

[USA] Section 3. Treason against the UnitedStates, shall consist only in levying War againstthem, or in adhering to their Enemies, givingthem Aid and Comfort. No Person shall beconvicted of Treason unless on the Testimonyof two Witnesses to the same overt Act, or onConfession in open Court.

[CSA] Section 3. Treason against the ConfederateStates shall consist only in levying war against them,or in adhering to their enemies, giving them aid andcomfort. No person shall be convicted of treasonunless on the testimony of two witnesses to the sameovert act, or on confession in open court.

[USA] The Congress shall have Power todeclare the Punishment of Treason, but noAttain

The Rise and Fall of the Confederate Government Volume One

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