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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --TUESDAY, March 5, 1861.
The Congress having resolved itself in Convention, proceeded to the consideration of the Constitution of the Confederate States of America.
Mr. Conrad moved, as a standing rule for the Convention, that any member can move a reconsideration of any vote taken by the Convention.
The motion was lost.
The pending question being on the amendment of Mr. Toombs, Mr. Kenner moved to amend the amendment by adding thereto the following words, to wit:
unless said appropriations be for the purposes of keeping open the mouth of the Mississippi River.
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Mr. Smith moved to lay the amendment and the amendment to the amendment on the table.
Mr. Stephens demanded the question; which was seconded, and the vote having been taken by States is as follows:
Yea: Alabama, Louisiana, and Texas.
Nay: Florida, Georgia, and South Carolina.
Mississippi divided.
So the motion was lost.
Mr. Withers moved that the consideration of the said third clause of said section and the amendments proposed thereto and the amendment proposed to the amendment be postponed for the present, and the vote thereon having been taken by States is as follows:
Yea: Alabama, Florida, Georgia, and Texas.
Nay: Louisiana, Mississippi, and South Carolina.
So the motion prevailed.
The fourth clause of the eighth section being as follows:
To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States.
Mr. Miles moved to strike therefrom the words as they occur "uniform laws of naturalization, and;" which was lost, the States voting as follows:
Yea: South Carolina.
Nay: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas, 6.
Mr. Withers moved to amend the same clause by striking therefrom the words "and uniform laws on the subject of bankruptcies;" which motion was lost.
On motion of Mr. Barry, the clause was amended by adding thereto the following words:
but no law of Congress shall discharge any debt contracted before the passage of the same.
Mr. Gregg moved to further amend the clause by striking out the same and inserting in lieu thereof the following:
To establish uniform laws on the subject of bankruptcies, and, by a vote of two-thirds of both Houses, a uniform rule of naturalization throughout the Confederate States;
which motion was lost.
Mr. Memminger moved to amend the same clause by adding thereto the following words:
and no alien admitted to be a citizen by the laws of any of the States shall be deemed a citizen of the Confederate States unless naturalized according to the laws enacted by the Congress.
Mr. Stephens moved to lay the amendment on the table and demanded thereon the question.
The question was seconded, and the motion to lay on the table prevailed.
Mr. Withers moved to amend the same clause by inserting after the word "bankruptcies" the words following, to wit:
in respect only to parties litigating, or cases pending, or judgments obtained in the courts of the Confederacy;
which motion was lost.
Mr. Barry offered the following as a separate clause to the section, viz:
but no alien not naturalized according to the laws of the Confederate States shall be allowed to vote for any office, civil or political, in any of the States.
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Mr. Stephens moved to lay the amendment on the table and demanded the question; which was seconded, and the motion was lost.
The question recurring on the motion, of Mr. Barry to amend, the same was agreed to, the States voting:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: South Carolina.
The fourth clause as amended is as follows:
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; but no alien not naturalized according to the laws of the Confederate States shall be allowed to vote for any office, civil or political, in any of the States.
Mr. Cobb offered the following as a separate clause, to come in after the fourth clause, viz:
To define the terms of citizenship in the Confederate States: Provided, Congress shall never deny the rights of citizenship to any free white citizens of the several States, nor grant the rights of citizenship to other persons to whom the same are denied by the several States;
which was lost, the States voting:
Yea: Florida, Georgia, and South Carolina, 3.
Nay: Alabama, Louisiana, Mississippi, and Texas, 4.
The seventh clause being as follows:
To establish post-offices and post-routes; but the expenses of the Post-Office Department shall be paid out of its own revenues.
On motion of Mr. Miles, the same was amended so as to read as follows:
To establish post-offices and post-routes; but the expenses of the Post-Office Department shall, after the expiration of two years, be paid out of its own revenues.
Mr. Brooke moved to amend the same clause by striking therefrom all except the words "To establish post-offices and post-routes."
The motion was lost.
The eighth clause being as follows:
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.
Mr. Hale moved to amend the same by adding thereto the following:
but Congress shall not be authorized to grant such exclusive right to inventors for a longer time than fourteen years, nor shall it grant any renewal or extension of any such right to inventors.
Mr. Harris demanded the question; which was seconded, and the motion to amend was lost.
Mr. Withers moved to amend the ninth clause of said section, which read as follows: "To constitute tribunals inferior to the Supreme Court," by adding thereto the following words: "Provided, No State court shall be constituted such."
The motion was lost.
The tenth clause having been read as follows, to wit:
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.
Mr. Miles moved to amend the same so as to read as follows:
To punish piracies and to define and punish felonies committed on the high seas, and offenses against the law of nations.
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Mr. Toombs demanded the question; and the same being taken by States is as follows:
The motion of Mr. Miles was lost.
Mr. Cobb moved to amend by striking out the same and inserting in lieu thereof the following, to wit:
To define and punish offenses committed on the high seas and offenses against the laws of nations and all offenses against the laws of the Confederate States.
Mr. Chesnut demanded the question; which was seconded, and the motion was lost.
The eleventh clause having been read as follows:
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Mr. Reagan moved to amend the same by adding thereto the following:
But this grant of power shall not be so construed as to prevent the President from adopting all measures necessary to maintain the rights of the Confederate States and protect their citizens in foreign countries, and for these purposes he may employ the Army and Navy during the recess of Congress;
which motion was lost.
The first clause of the ninth section having been read as follows:
The importation of negroes of the African race, from any foreign country other than the slaveholding States of the United States of America, is hereby forbidden; and the Congress is required to pass such laws as shall effectually prevent the same.
Mr. Rhett moved to amend by striking out the same and inserting in lieu thereof the following, to wit:
Congress may prohibit the importation of slaves, coolies, or persons held to service or labor into the Confederate States and their Territories, from any places beyond the limits thereof.
Mr. Chesnut moved to amend the amendment by striking out the same and inserting in lieu thereof the following:
Congress shall have power to prohibit the importation of African negroes and slaves from any foreign country.
Mr. Brooke moved to lay the amendment and the amendment to the amendment on the table, and on that motion demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: South Carolina.
At the instance of the State of Louisiana, the yeas and nays were called and ordered to be spread on the Journal.
They are as follows:
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The motion prevailed.
Mr. Waul moved to amend the first clause by striking out the same and inserting in lieu thereof the following:
The importation of negroes born in Africa is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.
Mr. Walker moved to lay the amendment on the table: and the vote being taken by States is as follows:
Yea: Alabama, Georgia, Louisiana, and Mississippi.
Nay: Florida and South Carolina.
So the motion prevailed.
The second clause of the section being as follows:
Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy.
Mr. Barry moved to amend the same by striking out and inserting in lieu of the whole the following:
The importation of slaves from the slaveholding States of the United States of America is hereby forbidden after the first day of July, eighteen hundred and sixty-two; and Congress is required to pass such laws as shall effectually prevent the same.
The motion was lost.
Mr. Cobb moved to amend the same by inserting after the word "prohibit" the words "or to regulate."
Mr. Waul demanded the question; which was seconded, and the motion was lost.
On motion of Mr. Waul, the first clause was amended by inserting after the word "States" the words "or Territories."
And the second clause was amended by inserting between the word "State" and the word "not" the words "or Territories."
The fourth clause was read, to wit:
No bill of attainder, or ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.
Mr. Withers moved to amend the same by inserting after the words "ex post facto law" the words "or law impairing the obligation of contracts."
The vote thereon being taken by States is as follows:
Yea: Louisiana and South Carolina.
Nay: Alabama, Florida, Georgia, Mississippi, and Texas.
The motion was lost.
Mr. Chesnut moved to amend the same by inserting after the words "of property" the words "including the right of property in negro slaves."
The motion was lost.
The sixth clause being read, to wit:
No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.
Mr. Sparrow moved to amend the same by adding to the clause the following words:
and said tax or duty shall be no higher upon one article of export than another in proportion to the value thereof at the place of export.
Mr. Withers moved to amend the amendment by striking out the same and inserting in lieu thereof the following words, viz:
and any such tax or duty shall be ad valorem on all exports, estimated at the place of exportation.
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Mr. Curry demanded the question; which was seconded, and the motion was lost.
The question recurring on Mr. Sparrow's motion, Mr. Curry demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Louisiana.
Nay: Alabama, Florida, Georgia, Mississippi, and Texas.
South Carolina divided.
The motion was lost.
Mr. Marshall moved to amend the clause by striking therefrom the following words, viz: "except by a vote of two-thirds of both Houses."
Mr. Cobb demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Florida and Louisiana.
Nay: Alabama, Georgia, Mississippi, South Carolina, and Texas.
The motion was lost.
The seventh clause having been read as follows:
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.
On motion of Mr. Memminger, the consideration of the same was postponed for the present.
The ninth clause having been read, to wit:
Congress shall appropriate no money from the Treasury unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President, except for the purpose of paying its own expenses and contingencies, or for the payment of claims against the Confederate States, the justice of which has 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.
Mr. Bartow moved to amend by striking out the same.
Mr. Hill moved to amend the clause by inserting after the words "from the Treasury" the words "except by a vote of two-thirds of both Houses," and to strike out the word "except" and insert in lieu thereof the words "or unless."
Mr. Cobb moved to amend the amendment of Mr. Hill by adding thereto the following words, to wit:
or where the Executive Department refuses to submit an estimate which has been demanded by a vote of two-thirds of both branches of Congress.
The vote being taken by States is as follows:
Yea: Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: Alabama and South Carolina.
The motion prevailed, and the amendment was agreed to.
Mr. Curry moved to amend the clause by striking out all after the first word, "Congress," and inserting in lieu thereof the words
save by a two-thirds vote of both Houses, shall appropriate no money from the Treasury unless it be asked and estimated by some one of the heads of Department, and submitted to Congress by the President; or except for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which has 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.
Mr. Curry demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Alabama and Texas.
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Nay: Florida, Georgia, Louisiana, Mississippi, and South Carolina.
The motion was lost.
The question recurring on the motion of Mr. Bartow to amend by striking out the clause,
Mr. Keitt demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Alabama and Louisiana.
Nay: Florida, Georgia, Mississippi, South Carolina, and Texas.
At the instance of the State of Texas, the yeas and nays were ordered to be taken and spread upon the Journal, and they are as follows:
So the motion to strike out was lost.
Mr. Conrad moved to amend the clause by inserting after the words "estimated for by" the words "the President," and by striking out the words "some one of the heads of Department."
Pending discussion thereon, the Convention resolved itself in Congress.
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