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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 --SATURDAY, March 9, 1861.
Congress having resolved itself in Convention, proceeded to the consideration of those parts of the Constitution of the Confederate States of America which had been passed over informally;
When,
On motion of Mr. Cobb, the motion of Mr. Stephens (which prevailed) to amend the seventh clause of the first section of the second article was reconsidered.
The question then recurring on the motion of Mr. Stephens to amend the section, it was disagreed to.
Mr. Walker moved to amend the clause so as to read as follows:
No person except a natural-born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the twentieth of December, eighteen hundred and sixty, shall be eligible to the office of President, etc.
Mr. Withers moved to amend the amendment by striking out the same and inserting in lieu thereof the following, to wit:
Only a native born of some one of the States composing the Confederate States of America at the period of the election, including one born of such, temporarily absent beyond the limits of the Confederate States, or a citizen of the Confederate States of America at the time of the adoption of this Constitution, or a citizen thereof and born within the United States of America prior to January first, eighteen hundred and sixty-one.
The motion was lost.
The motion of Mr. Walker to amend was agreed to.
The question then being on the motion to reconsider the amendment of Mr. Keitt to the third clause of the second section of the first article, apportioning Representatives and direct taxes among the several States of the Confederacy according to their respective numbers, excluding Indians not taxed,
Mr. Harris demanded the question; which was seconded, and the motion prevailed, the States voting as follows:
Yea: Alabama, Georgia, Mississippi, and Texas.
Nay: Florida, Louisiana, and South Carolina.
The question recurring then on the motion of Mr. Keitt to amend the clause, at the instance of the State of South Carolina, the yeas and nays of the entire body were recorded, and they are as follows, to wit:a
[Note a: a The yeas and nays are not recorded in the Journal.]
Mr. Nisbet moved to amend the same clause defining that "The number of Representatives shall not exceed one for every fifty thousand" by striking out the word "fifty" and inserting in lieu thereof the word "eighty."
The vote being called for by States, is as follows:
Yea: Georgia.
Nay: Alabama, Florida, Louisiana, Mississippi, South Carolina, and Texas.
The motion was lost.
Mr. Kenner moved to amend the same by inserting after the words "and until such enumeration be made" the words
the representative number shall be seventy thousand; and in each State where there is found a fraction greater than one-half of the representative number, one additional Representative shall be allowed that State.
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The vote thereon being taken by States is as follows:
Yea: Florida, Louisiana, and South Carolina.
Nay: Alabama, Georgia, Mississippi, and Texas.
The motion was lost.
Mr. Chesnut moved to amend in the words "the State of South Carolina six" by striking out the word "six" and inserting in lieu thereof the word "seven."
The motion was lost.
Mr. Barry moved to amend the same by giving to the State of South Carolina until an enumeration was made, according to the basis adopted, nine Representatives.
And the vote thereon being taken by States is as follows:
Yea: Louisiana, Mississippi, and South Carolina.
Nay: Alabama, Florida, Georgia, and Texas.
The motion was lost.
Mr. Boyce moved to amend the clause by restricting the number of Representatives that all the States should be entitled to to 100.
The vote thereon being taken by States is as follows, viz:
Nay: Alabama, Florida, Georgia, Louisiana, Mississippi, and South Carolina.
Texas divided.
The motion was lost.
Mr. Rhett moved to reconsider the vote taken by which the amendment offered by Mr. Barry to this clause was rejected, and the vote thereon being taken by States is as follows:
Yea: Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama, Florida, and Georgia.
The motion prevailed.
The question being on the amendment offered by Mr. Barry,
Mr. Rhett moved to amend the same by adding thereto the State of Georgia 15 instead of 10, the State of Alabama 13 instead of 9, the State of Florida 2 instead of 2, the State of Mississippi 11 instead of 7, the State of Louisiana 9 instead of 6, and the State of Texas 9 instead of 6.
Mr. Chesnut demanded the question; which was seconded.
The vote thereon being taken by States is as follows:
Yea: Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama, Florida, and Georgia.
The motion prevailed.
The question recurring on the amendment of Mr. Barry as amended by the amendment of Mr. Rhett, Mr. Keitt demanded the question.
The Congress refused to second the demand.
After discussion, Mr. Oldham 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 as follows:
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Yea: South Carolina, 1.
Nay: Alabama, Florida, Georgia. Mississippi, and Texas, 5.
Divided: Louisiana, 1.
The motion was lost.
Mr. Kenner moved to amend the clause by giving, until the enumeration provided for apportioning representatives among the several States should be made, to the States the following numbers, respectively, viz: South Carolina, 7; Georgia, 11; Florida, 2; Alabama, 10; Mississippi, 8; Louisiana, 7, and Texas, 7.
Mr. Withers demanded the question; which was seconded, and the States voted as follows:
Yea: Louisiana, South Carolina, and Texas.
Nay: Alabama, Georgia, Florida, and Mississippi.
The motion was lost.
The Congress then proceeded to consider third clause of section 8, of Article I, which had been informally passed over, and the amendments offered thereto, viz:
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes.
Mr. Toombs withdrew his amendment.
Mr. Rhett renewed it, and it is as follows:
but neither this, nor any other clause contained in this Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce.
Mr. Bartow moved to lay the amendment on the table and 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, viz:
Yea: Alabama and Georgia, 2.
Nay: Florida, Mississippi, South Carolina, and Texas, 4.
Divided: Louisiana, 1.
The motion was lost.
On motion of Mr. Cobb, the amendment was amended by adding thereto the following, viz:
except for the purpose of furnishing lights, beacons, buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the commerce facilitated thereby, as to pay the costs and expenses thereof.
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Mr. Sparrow moved to amend the amendment as amended by striking out the same and inserting in lieu thereof the following:
Provided, That Congress may appropriate, from the net revenues of the port of New Orleans,per cent to keep open the months of the Mississippi River, and a like per cent of the net revenues of the other ports of the Confederacy to make necessary improvements in the harbors thereof.
The motion was lost.
Mr. Perkins moved to amend the amendment of Mr. Rhett as amended by striking out the word "commerce," where it last occurs, and inserting in lieu thereof the word "navigation."
The motion prevailed.
The question recurring on the amendment of Mr. Rhett as amended to said clause, at the instance of the State of South Carolina, the yeas and nays of the entire body were recorded, and are as follows:
Yea: Alabama, Florida, Georgia, Mississippi, and South Carolina, 5.
Nay: Texas, 1.
Divided: Louisiana, 1.
The amendment was agreed to.
The seventh clause of the ninth section of Article 1 being under consideration; which is 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 same was amended by striking out the words, to wit: "nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another."
The twelfth clause, following, being under consideration:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, etc.
The question pending was on the motion of Mr. Cobb to reconsider the vote by which his amendment was rejected to amend the same by inserting after the word "thereof" the words "or requiring secular labor to be performed on the Sabbath by its employees."
Mr. Cobb withdrew the motion to reconsider.
The first clause of section 10 of the first article being under consideration:
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 and bill of attainder, or ex post facto law or law impairing the obligation of contracts; or grant any title of nobility.
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The question pending was on the motion of Mr. Rhett to amend the same by adding thereto the following words:
Nor shall any State remain in this Confederacy which does not authorize the institution of slavery within its limits.
Mr. Rhett withdrew his motion.
Mr. Perkins renewed it.
Mr. Stephens moved to lay the motion on the table.
At the instance of the State of Louisiana, the yeas and nays of the entire body were recorded as follows:
Yea: Alabama, Georgia, and Mississippi, 3.
Nay: South Carolina and Texas, 2.
Divided: Florida and Louisiana, 2.
The motion was lost.
Mr. Perkins then withdrew his amendment, accepting in lieu thereof the following, which was offered by Mr. Barry as an amendment to his, to wit:
No one of the Confederate States in which African slavery exists shall abolish it without the consent of all the slaveholding States.
Mr. Stephens demanded the question; which was seconded, and, at the instance of the State of South Carolina, the yeas and nays of the whole body were required to be recorded, and are as follows:
Yea: Florida, South Carolina, and Texas, 3.
Nay: Alabama, Georgia, and Mississippi, 3.
Divided: Louisiana, 1.
The third clause of the tenth section being under consideration, "No State shall, without the consent of Congress, lay any duty of tonnage," etc.,
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The question being on the motion of Mr. Marshall to amend by adding after the word "tonnage" the words
except on Seagoing vessels, for the improvement of its rivers and harbors navigated by the same: Provided, The same shall not conflict with any treaties of the Confederate States with other nations; and any surplus of revenue, thus derived, shall, after making such improvements, be paid into the common treasury. Nor shall any State, etc.
Mr. Conrad moved to amend the amendment by adding after the words "other nations" the words
And provided also, That such duties shall be collected and expended under the direction of the President.
Mr. Sparrow demanded the question; which was seconded, and the motion was lost.
The question recurring on the motion of Mr. Marshall, the same was agreed to.
The question then was on the motion of Mr. Reagan to amend the clause by striking out the same and inserting in lieu thereof the following:
No State shall, without the consent of Congress, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay; But they may levy tonnage duties on rivers and other navigable waters in their jurisdiction for the sole purpose of improving the navigation of such rivers and waters; and where such rivers or other waters divide or flow through two or more States, or form a boundary between any of the Confederate States and a foreign power, they may enter into compacts with each other to improve the navigation thereof, subject to such treaty stipulations as may be made by the Confederate States with foreign powers from which such rivers may flow or through which they may pass.
The second clause of the first section of the first article being under consideration, which provides for electors for choosing President and Vice-President and the mode and manner of the choosing the same,
Mr. Stephens moved to adopt the report of the committee, and, at the instance of the State of Texas, the yeas and nays of the entire body were recorded, and are as follows:
Yea: Alabama, Florida, Georgia, Mississippi, and Texas, 5.
Nay: South Carolina, 1.
Divided: Louisiana, 1.
On motion of Mr. Cobb, the amendments which were offered and pending to this subject-matter were laid on the table.
The first clause of the third section of the fourth article being under consideration, providing how other States may be admitted into this Confederacy, etc.,
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Mr. Perkins moved to reconsider the vote rejecting the amendment offered by Mr. Withers thereto.
The motion prevailed.
And the question being on agreeing to the amendment, Mr. Shorter moved to amend the amendment by striking out the same and inserting in lieu thereof the words
Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States.
The amendment as amended was agreed to.
Mr. Cobb offered the following as the last clause of the Constitution, to wit:
When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for holding the election of President and Vice-President; and for the meeting of the electoral college; and for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government;
which was agreed to.
Mr. Toombs offered the following resolution:
Resolved by the Convention, That the injunction of secrecy be taken off so far as to allow the Secretary of State to refer to its action on the Constitution as far as the public interest may require;
which was adopted.
Mr. Cobb moved that the Convention proceed immediately to vote on the Constitution as amended; which was agreed to, the States voting as follows:
Yea: Alabama, Florida, Georgia, Mississippi, South Carolina, and Texas, 6.
Nay: Louisiana.
Mr. Waul moved to adjourn; which was lost.
After further discussion, Mr. Chesnut moved to adjourn; which was also lost.
Mr. Withers, at the instance of the State of South Carolina, moved to reconsider the vote by which it was agreed that the Convention proceed at once to take a vote on the Constitution as amended.
Pending which,
On motion of Mr. Cobb,
The Convention took a recess till 7.30 o'clock p. m.
7.30 O'CLOCK P. M.
The question being on the motion of Mr. Withers to reconsider the vote by which it was agreed that the Convention should take the vote immediately on the Constitution, the same prevailed, the States voting as follows:
Yea: Florida, Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama and Georgia.
The question then being on the motion of Mr. Cobb to take the vote immediately on the Constitution, the same was lost.
On motion of Mr. Smith, it was ordered that the report of the subcommittee of three appointed by the Committee on Permanent Constitution
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to revise the Constitution, correct clerical errors, and to transpose words for the better structure of the language used should be spread at large on the Journal.
The following is the report of the subcommittee:a
[Note a: a Not recorded in the Journal and not found with the Confederate archives in the custody of the War Department.]
Mr. Bartow offered the following resolution:
Resolved, That the injunction of secrecy as to the adoption of the Constitution by this Convention and as to the proceedings of the Convention be removed so far as to allow each member to communicate the same in writing or otherwise in secret session to any of the State conventions;
which was agreed to.
On motion of Mr. Cobb, it was agreed that when the vote shall be taken on the Constitution that the name of Mr. Thomas R. R. Cobb (to whom leave of absence was granted) should be recorded in the affirmative.
Leave of absence was granted to Mr. Bartow and Mr. Keitt.
Convention then resolved itself in Congress.
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