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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 --THURSDAY, March 7, 1861.
The Congress having resolved itself in Convention, proceeded to the consideration of the Constitution of the Confederate States of America.
Mr. Keitt moved to reconsider the vote on the motion of Mr. Harris by which a select committee was appointed to whom should be referred those clauses of the Constitution passed over informally; which motion prevailed.
Mr. Harris then withdrew his motion.
Mr. Hill moved to amend the report of the committee by striking out Article VII; which is as follows:
The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same,
And inserting in lieu thereof the following, viz:
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Mr. Chesnut moved to amend the amendment of Mr. Hill by striking out the same and inserting in lieu thereof the following, to wit:
The right of a State to secede from the Confederacy shall not be denied. And whenever any State, through a convention of its people, shall dissolve the connection between it and its confederates, it shall be the duty of the President to withdraw all forces from within the territorial limits of such State, and permit it peacefully to withdraw.
According to previous order of the Congress, the consideration of the amendment and the amendment to the amendment was postponed and they were ordered to be printed.
The third clause of the second section [of the second article] having been read as follows, to wit:
Mr. Barry moved to amend by striking out the same and inserting in lieu thereof the following, to wit:
The principal officer in each of the Departments, and such as may be connected with the diplomatic service, may be removed at the pleasure of the President; and all other civil officers of all the Executive Departments may be removed from office at any time by the President, or other appointing power, when their services are unnecessary, or 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;
which amendment was agreed to.
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The vote having been taken by States is as follows:
Yea: Georgia, Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama and Florida.
The first clause of section I of Article III being as follows:
Mr. Cobb moved to amend the same by striking out the word "both" and the words "and inferior courts" and inserting the word "court" in lieu of the word last mentioned; which motion was lost.
The second section being as follows, to wit:
Mr. Smith moved to amend the same by adding thereto the following:
but the extent of admiralty and maritime jurisdiction shall be subject to the control of Congress;
which motion was lost.
Mr. Stephens moved to amend the same by striking therefrom the words "between citizens of different States."
Mr. Stephens demanded the question; which was seconded, and, at the instance of the State of Georgia, the yeas and nays of the entire body were called for and ordered to be spread on the Journal, and are as follows:
Yea: Florida, Louisiana, Mississippi, South Carolina, and Texas, 5.
Nay: Alabama and Georgia, 2.
The motion prevailed.
Mr. Sparrow moved to amend the clause by striking therefrom the words "between a State and citizens of another State, where the State is plaintiff."
The motion was lost.
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Mr. Sparrow moved to amend by striking out the words "between citizens of the same State claiming lands under grants of different States."
The vote having been taken by States is as follows:
Yea: Louisiana.
Nay: Alabama, Florida, Georgia, Mississippi, South Carolina, and Texas.
The motion was lost.
Mr. Conrad moved to postpone for the present the consideration of the clause and subject-matter.
The motion was lost.
Mr. Waul moved to amend the same by striking therefrom the words "citizens or subjects."
The vote being taken by States is as follows:
Yea: Florida, Louisiana, and Texas.
Nay: Alabama, Georgia, Mississippi, and South Carolina.
The motion was lost.
Mr. Withers moved to amend the same by inserting after the words "shall be a party" the words "except those of a political nature with one or more of the separate States."
The motion was lost.
Mr. Withers moved to amend the same by adding to the end of the clause the following words: "or in any case except by its own consent."
The motion was lost.
Mr. Rhett moved to amend the clause by inserting after the words "citizens or subjects" the words "who by treaty have the power to sue or be sued."
The motion was lost.
Mr. Cobb moved to amend by inserting after the words "shall be made, under their authority" the Words "whether the same be pending in a Federal or State court."
Mr. Rhett demanded the question; which was seconded, and the motion was lost.
Mr. Hill, at the instance of the State of Georgia, moved to reconsider the vote by which the Convention agreed, on the motion of Mr. Stephens to strike from the said clause the words "between citizens of different States."
The motion prevailed.
The question then being on the motion of Mr. Stephens to strike out said words,
Mr. Oldham demanded the question; which was seconded, and the motion prevailed, the States voting as follows, to wit:
Yea: Florida, Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama and Georgia.
Mr. Sparrow moved to reconsider the vote taken refusing to strike out from the clause the words "citizens or subjects."
Mr. Ochiltree demanded the question; which was seconded, and the motion prevailed, and the question then being on the motion of Mr. Waul to strike out the words "citizens or subjects,"
Mr. Keitt demanded the question; which was seconded.
The vote being taken by States, the motion was lost, the States voting as follows, viz:
Yea: Louisiana, South Carolina, and Texas.
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Nay: Alabama, Georgia, and Mississippi.
Florida divided.
At the instance of the State of Texas, the yeas and nays of the entire body were ordered to be spread on the Journal, and are as follows:
Mr. Withers moved to amend the same by striking out the following words: "but no State shall be sued by a citizen or subject of any foreign State."
Mr. Keitt demanded the question; which was seconded, and the motion was lost.
The clause as amended reads as follows, viz:
The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of another State, where the State is plaintiff; between citizens of the same State or of different States claiming lauds under grants of different States; and between a State or the citizens thereof, and foreign States, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign State.
The second clause of the section being as follows:
In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
Mr. Memminger moved to amend the same by adding to the end thereof the words
but the appellate jurisdiction of the Supreme Court shall not extend to any case which shall have been adjudged in any court of a State.
Mr. Memminger demanded the question; which was seconded, and, at the instance of the State of Texas, the yeas and nays of the whole body were required to be taken and spread on the Journal.
They are as follows:
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Yea: Louisiana, South Carolina, and Texas.
Nay: Alabama, Georgia, and Mississippi. Divided: Florida.
The motion was lost.
Mr. Hale moved to amend the same clause by adding to it the following words, viz:
And Congress may provide by law for appeals from the State courts to the Supreme Court in all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority.
Mr. Smith 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 recorded, and are as follows:
The motion was lost.
Mr. Withers moved to amend the clause by striking out the words "both as to law and fact;" which motion was lost.
The first section of the fourth article being as follows:
Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Mr. Hill moved to amend the same by adding thereto the following:
And upon any judgment or decree rendered in a court of record of any one of the Confederate States upon personal service, an action may be maintained at any time within six years from the rendition of such judgment or decree in the proper court of any other State in which the defendant may reside.
Mr. Brooke demanded the question; which was seconded, and the motion was lost.
The first clause of the second section being as follows, to wit:
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
Mr. Hale moved to amend the same by adding thereto the following:
and shall have the right of transit through and temporary residence in any other State of this Confederacy, with their slaves and other property; and the right of property in such slaves shall not be thereby impaired.
Mr. Stephens demanded the question; which was seconded, and the motion was agreed to.
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Mr. Smith moved to amend the same clause by adding thereto the words "and the courts of each State shall always remain open to the citizens of every other State."
Mr. Conrad moved to lay the amendment on the table.
Mr. Stephens demanded the question; which was seconded, and the motion to lay on the table prevailed.
The clause as amended reads as follows, viz:
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States; and shall have the right of transit through and temporary residence in any other State of this Confederacy, with their slaves and other property; and the right of property in such slaves shall not be thereby impaired.
The third clause of the second section having been read, viz:
No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but shall be delivered up on claim of the party to whom such service or labor is due.
Mr. Keitt moved to amend the same by striking out these words: "No person held to service or labor in one State, under the laws thereof" and inserting in lieu of the same the words "No slave or other person held to service or labor in one State."
Mr. Keitt demanded the question; which was seconded, and the vote having been taken by States is as follows:
Yea: Alabama, Florida, Louisiana, Mississippi, South Carolina, and Texas.
Nay: Georgia.
The motion prevailed.
Mr. Rhett moved to amend the clause as amended by striking out the same and inserting in lieu thereof the following words:
A slave or other person held to service or labor in a State or Territory, escaping into another State or Territory, shall be delivered up, on claim of the party (personally or by his agent) to whom such slave or person may belong, by the executive authority of the State to which said slave or person shall have fled; and in case of the failure of the executive to deliver up a slave, or 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 to which said slave may have fled.
Mr. Hill moved to amend the amendment by striking out the same and inserting in lieu thereof the words as follows:
No person held to service or labor in one State, under the laws thereof, escaping into another, or who, being temporarily carried into another, shall escape or be unlawfully taken or enticed away, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but such person shall be delivered up on claim of the party to whom such service or labor may be due. The person to whom such service or labor may be due, and who shall be prevented in any State from recovering the person so escaping or so unlawfully taken or enticed away, shall be entitled to be paid from the Treasury of the Confederate States the proven value of the person owning [owing] such service or labor, together with the expenses incurred in recovering or attempting to recover such person. And the Confederate States shall, in such manner as Congress may prescribe, recover from the State in which such damage occurred the full amount so paid, with interest until paid, and all expenses incurred in recovering such amount from such State.
Mr. Walker 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 motion to lay on the table prevailed.
Mr. Hale moved to amend the clause by inserting after the word "State" the words "or a Territory of the Confederate States" and after
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the word "escaping" the words "or lawfully carried," and on the motion demanded the question; which was seconded, and the amendment was agreed to.
Mr. Stephens moved to amend the clause by inserting after the words "the party to whom" the words "such slave belongs or to whom."
The motion prevailed.
The clause as amended reads as follows:
No slave or other person held to service or labor in one State or a Territory of the Confederate States, under the laws thereof, escaping or lawfully carried rate another, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.
The first clause of the third section being as follows:
Mr. Miles moved to amend the same by adding at the end thereof the following words, viz:
And no State shall be admitted which, by its constitution or laws, denies the right of property in slaves of the African race, or does not fully protect such property by legal enactment.
Mr. Stephens moved to postpone for the present the consideration of the clause and the amendment thereto.
Mr. Waul demanded the question; which was seconded, and the vote having been taken by States is as follows:
Yea: Georgia, Louisiana, and South Carolina.
Nay: Alabama, Florida, Mississippi, and Texas.
The motion was lost.
Mr. Harris moved to amend the amendment by striking out the same and inserting in lieu thereof:
But no nonslaveholding State shall be admitted except by the consent of all the States expressed through their legislatures.
Mr. Harris demanded the question; which was seconded, and the vote having been taken by States is as follows:
Yea: Alabama, Florida, Mississippi, South Carolina, and Texas.
Nay: Georgia and Louisiana.
At the instance of the State of Louisiana, the yeas and nays of the entire body were required to be spread upon the Journal, and are as follows:
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Yea: Alabama, Florida, Mississippi, South Carolina, and Texas.
Nay: Georgia and Louisiana.
The motion prevailed.
Mr. Rhett, at the instance of the State of South Carolina, moved to reconsider the veto by which the amendment offered by Mr. Harris as a substitute for the amendment offered by Mr. Miles was adopted.
Mr. Kenner demanded the question; which was seconded, and the motion to reconsider prevailed, the States voting as follows:
Yea: Alabama, Florida, Louisiana, South Carolina, and Texas.
Nay: Georgia.
Mississippi divided.
Convention resolved itself in Congress.
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