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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 --WEDNESDAY, March 6, 1861.
Congress resolved itself in Convention.
The pending question being on the motion of Mr. Conrad to amend the ninth clause of the ninth section,
Mr. Withers moved to amend by striking out the clause and inserting in lieu thereof the following:
No money shall be appropriated from the Treasury unless it be asked and estimated for by the President, or, in default thereof, unless the appropriation proposed to be made be first communicated to the President by order of Congress, with a view of enabling the President either to submit an estimate for the same or else to communicate his objections thereto: Provided, That this regulation shall not apply to moneys appropriated by Congress to defray its own expenses and contingencies, or for the payment of claims against the Confederate States, the justice whereof may have been judicially ascertained and declared by any tribunal for the investigation of such claims, which tribunal Congress is empowered to ordain and establish.
Mr. Stephens demanded the question on the motion of Mr. Conrad to amend; which was seconded, and the motion to amend was lost, the States voting as follows:
Yea: Louisiana.
Nay: Alabama, Florida, Georgia, Mississippi, South Carolina, and Texas.
Mr. Bartow moved to reconsider the vote by which the amendment offered by Mr. Curry as a substitute for the same clause was lost, and thereon demanded the question; which was seconded, and the motion to reconsider prevailed.
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Mr. Curry then offered the following as a substitute for the clause, to wit:
Mr. Conrad moved to strike out the clause as amended; which motion was lost.
The tenth clause of the same section being as follows:
All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made.
Mr. Ochiltree moved to amend the same by adding thereto the following:
and Congress shall not grant extra compensation to any officer, agent, servant, or public contractor after such service shall have been performed or contract entered into for the performance of the same.
Mr. Keitt demanded the question; which was seconded, and the motion to amend was agreed to, the States voting:
Yea: Alabama, Florida, Georgia, and Texas.
Nay: Louisiana, Mississippi, and South Carolina.
The motion prevailed, and the clause as amended is as follows:
All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall not grant extra compensation to any officer, agent, servant, or public contractor after such service shall have been performed or contract entered into for the performance of the same.
The twelfth clause of the same section having been read as follows:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the Government for a redress of grievances.
Mr. Cobb moved to amend the same by inserting after the word "thereof" the following words:
or requiring of any citizen to perform secular labor on Sunday, except in cases of absolute necessity.
Mr. Toombs demanded the question; which was seconded, and, at the instance of the State of South Carolina, the yeas and nays of the entire body were called for and recorded as follows:
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Yea: Florida and Georgia, 2.
Nay: Alabama, Louisiana, Mississippi, and Texas, 4.
South Carolina divided.
Yeas 2, nays 4.
So the motion was lost.
Mr. Withers moved to amend the clause by adding thereto the following: "such as the delegated powers herein contained may authorize Congress to redress."
At the instance of the State of Texas, the yeas and nays thereon were required to be recorded, and are as follows:
Yea: Louisiana, Mississippi, and South Carolina, 3.
Nay: Alabama, Florida, Georgia, and Texas, 4.
So the motion to amend was lost.
Mr. Memminger offered the following as a separate clause of the ninth section, to come in after the fourteenth clause, viz:
Upon the demand of the convention of any State, all troops under the authority of the Confederate States which may be within any fort or ceded place within such State shall forthwith be removed, except when the Confederate States are in actual war with a foreign power.
Mr. Stephens demanded the question; and on the question to second the demand, the vote being taken by States is as follows:
Yea: Florida, Mississippi, and South Carolina.
Nay: Alabama, Georgia, Louisiana, and Texas.
The Congress refused to second the demand.
Mr. Boyce moved to amend the amendment of Mr. Memminger by striking out the same and inserting in lieu thereof the following words, viz:
That the right of secession of any State from this Confederacy is expressly admitted, to be exercised by any State according to its pleasure. That while a State remains in the Confederacy, the decisions of the Supreme Court of the Confederate States on constitutional questions shall be conclusive in all cases capable of decision by legal process. That in such cases as do not admit of decision by legal process, a convention of all the States shall be assembled, in which convention the decision of the majority of the States shall be conclusive, subject only to the right of secession of the State or States dissatisfied.
Mr. Kenner moved to lay the amendment offered by Mr. Memminger and the amendment to the same offered by Mr. Boyce on the table, and called for the question.
The question was seconded, and the motion to lay on the table prevailed, the States voting as follows:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: South Carolina.
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Mr. Kenner offered the following as an additional clause to the section, to wit:
Every law, or resolution having the force of law, enacted by the Congress shall embrace but one object, and that shall be expressed in the title.
On motion of Mr. Conrad, the same was amended by striking out the word "embrace" and insert in lieu thereof the words "relate to," so as amended to read as follows:
Mr. Stephens demanded the question; which was seconded, and the amendment as amended was agreed to.
The eighteenth clause of the ninth section having been read as follows:
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any court of the Confederacy, than according to the rules of the common law.
On motion of Mr. Sparrow, the word "so" was inserted after the word "fact," where it first occurs, so that it will read "and no fact so tried by a jury," etc.
The first clause of the tenth section having been read as follows:
No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility:
Mr. Kenner moved to amend the same by adding thereto the following words: "or pass any law denying or impairing the right of property in negro slaves."
Mr. Rhett moved to amend the amendment by adding to the same the following words:
Nor shall any State remain in this Confederacy which does not authorize the institution of slavery within its limits.
Mr. Conrad moved to lay the amendment and the amendment to the amendment on the table for the present.
Mr. Chesnut demanded the question; which was seconded, and the vote having been taken by States is as follows:
Yea: Alabama, Georgia, Mississippi, and South Carolina.
Nay: Louisiana.
Florida and Texas being divided.
The motion prevailed.
The third clause having been read, which prohibited a State from laying duties of tonnage, keeping troops and ships of war in time of peace, and entering into compacts with another State or with a foreign power, or engaging in war except in certain cases, etc.,
Mr. Marshall having proposed to amend the same, and Mr. Reagan moving an amendment in lieu thereof,
On motion of Mr. Kenner, the consideration of the clause and amendments was postponed for the present, and Congress proceeded to consider the first clause of the first section of the second article of the Constitution; which is as follows:
The executive power shall be vested in a President of the Confederate States of America. He shall hold his office during the term of six years, and, together with the Vice-President chosen for the same term, be elected as follows.
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Mr. Rhett moved to amend the same by striking out the words
He shall hold his office during the term of six years, and, together with the Vice-President chosen for the same term, be elected as follows,
And insert in lieu thereof the following words, to wit:
He and the Vice-President shall hold their offices for the term of six years: but the President shall not be eligible again to the Presidency until six years after the expiration of his term of service. The President and Vice-President shall be elected as follows.
Mr. Nisbet moved to amend the amendment by striking out the word "six" and inserting in lieu thereof the word "eight."
Mr. Cobb moved to lay the amendment and the amendment to the amendment on the table and demanded the question; which was seconded, and the vote being taken by States is as follows:
Yea: Georgia and Texas.
Nay: Alabama, Florida, Louisiana. Mississippi, and South Carolina.
The motion was lost.
The question recurring on the motion of Mr. Nisbet, the same was lost.
Mr. Boyce moved to amend the amendment of Mr. Rhett by striking out the following words: "eligible again to the Presidency until six years after the expiration of his term of service" and adding after the words "shall not be" the word "reeligible." The vote being taken by States is as follows:
Yea: Alabama, Florida, Louisiana, Mississippi, South Carolina, and Texas.
Nay: Georgia.
The motion prevailed.
Mr. Memminger moved to amend the amendment by striking out the word "six" and inserting in lieu thereof the word "seven," and the vote thereon being taken by States is as follows:
Yea: Alabama, Georgia, and Texas.
Nay: Louisiana, Mississippi, and South Carolina. Florida divided.
The motion was lost.
The question recurring on the amendment of Mr. Rhett as amended, the same was agreed to, and the clause as amended is as follows:
The executive power shall be vested in a President of the Confederate States of America. He and the Vice-President shall hold their offices for the term of six years; but the President shall not be reeligible. The President and Vice-President shall be elected as follows.
The second, third, fourth, fifth, and sixth clauses, relating to the mode of choosing electors to vote for President and Vice-President, and relating to the manner in which they should choose a President and Vice-President [sic.],
Mr. Brooke offered an amendment in lieu thereof.
Mr. Miles also offered an amendment relating to the same subject.
On motion of Mr. Stephens, the consideration of the same was postponed for the present.
The seventh clause having been read; which is as follows:
No person except a natural-born citizen or a citizen of the Confederate States at the time of the adoption of this Constitution shall be eligible to the office of President; neither shall any person bc eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.
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Mr. Rhett moved to amend the same by inserting after the words "the Confederate States" the words "or of the United States."
Mr. Hill moved to lay the amendment on the table and demanded the question; which was seconded, and the motion prevailed.
Mr. Waul moved to postpone the consideration of the clause for the present.
The motion was lost.
On motion of Mr. Stephens, the paragraph was amended by inserting after the words "a natural-born citizen" the words "of one of the States composing this Confederacy at the time of the election."
Mr. Cobb moved to amend the clause by inserting after the words "at the time of" the words "or within two years after."
Mr. Hill demanded the question; which was seconded, and the motion of Mr. Cobb was lost.
Mr. Curry moved to amend the clause by striking out the words "at the time of" and inserting in lieu thereof the words "who was born in the United States prior to;" which motion was lost.
The section an amended reads as follows:
No person except a natural-born citizen of one of the States composing this Confederacy at the time of the election, or a citizen of the Confederate States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.
The ninth clause containing the following words:
The President shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished.
On motion of Mr. Withers, the same was amended by striking out the word "or" and inserting in lieu thereof the word "nor."
On motion of Mr. Harris, the subject-matters contained in the Constitution and passed over informally by the Congress, together with the amendments thereto, were referred to a select committee of one from each State, to be appointed by the President of the Congress.
On motion of Mr. Walker, the seventh clause was also referred to the same committee.
Convention resolved itself in Congress.
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